https://haylibrary.cvlcollections.org/files/original/f4e6ef4d9c491bf004b438dd97964ee0.pdf 0dceb5b940adba056e9f164f0a3d1d05 PDF Text Text I ' WORKMEN'S COMPENSATION ACT OF THE STATE OF WYOMING CHAPTER 258 WYOMING COMPILED STATUTES 1920 AND ACTS RELATING THERETO Furnished by W. H. EDELMAN, State Treasurer CHEYENNE,WYOMING �BRIBERY IN CONNECTION WITH WORKMEN'S COMPEN SATION A CT CHAPTER 97 - S. L. 1925AN ACT making bribery of or by any person employed or concerned in the administ ration of t he Wor kmen's Compensation Act a crime, and providin g- a p unishment t herefor. Be it Enacted by the Legislature of the State of W yoming: SECTION 1. Whoever corruptly gives, or promises to give, pay, or imburse, or whoever offers to give, pay, or imburse any Court officer or employee, or any person employed or concerned under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, appointment or employment, any money or valuable thing, or conuptly offers or promises to do any act beneficial t o any such person to influence his action or to secure his assistance in the administration of the Workmen's Compensation Act, and whoever being a Court officer or employee or a person employed under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of the Workmen's Compensation Act, shall be deemed guilty of felony and upon conviction thereof, be imprisoned in th& penitentiary not more than fourteen (14) years. SECTION 2. • This Act shall not be taken to repeal or affect any existing statute relating to bribery. SECTION 3. This Act shall take effect and be in force from and after its passage. (Approved April 25, 1925.) �4 COMPENSATION LAW The Workmen's Compensation Law STATE OF WYOMING 5 mon law or ot herwise on account of such mJury; and the terms, conditions and provisions of t his Act for the payment of compensation and t he amo unt t hereof for injuries sustained or death r esulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming wit hin t he provisions hereof. (L. 1915, Ch. 124, §2.) Extra-Hazardou s Occupations. AN A_C~ p_roviding compensation for injuries or death resulting from lnJUries, of workmen from accident occurring in extra-haza rdous ~~ployments, defining extra-hazardous employments and BroVJdmg for _the accumulation, maintenance and administraon of fu!1ds m the State Treasury for the payment of such compe1;satron aJJd repealing Sections, 3526, 4291 and 4292 of Wyommg Co~plled Statutes, 1910, and all other laws or parts of ~aws rel~tm~ to dan_iages_ for injuries or death from injur ies or 1~ anywise m conflict with this Act, in so far as the a r~ applicable to extra-hazardous employments. Y Be it Enacted by the Legislature of the State of Wyoming : §4315 •. This Act shall be known as the "Workmen's Compensat10n Law." 4316. General Provisions. Comp~nsatio? herein provided for shall be payable to persons mJured m extra-hazardous em l t h . defined, or the dependent f ·1. Of P oymen ' _as erem result of such • • · am_i ies such, as die, as the to the culpabl~n~~;l!ie~~ie~j ca_se. of ~njuries due sole~y compensation shall be payabl ~ mJurfe employee. Said Treasury to be accumulat e ro'? ~nds. m the State herein provided The ri ed a nd mamtamed m the manner tion from such ·fund sha1fb of_ e~~h employee to compensaplace of any .and all ri h e m !eu of ~d shaU take the contributing, as requir!a th 0{ actifn agamst anr employer any such person or ersony aw, o such fund m favor of or death. Sections 526 4s by reason of any such injury 2 or parts of laws relating t ~1 a nd 4292 a?~ al! other laws from injuries or in an wi O .amages. for i:1Junes or death hereby repealed as to fhe se m confhct with this Act are ployees coming ~vithin the :~?o~~1i\!' 1::loyers and em- i1i :f Provisions Exel • C us1ve, ompulsory and Obligatory. §4317. The rights and d' for an employee on account ieme .ie~ provided in this Act of all other rights and remedisa~fmJury shall be ex~lusive sonal or legal representatives d such employee, his peror ependent family at com- §4318. The e:i-..-tra-hazardous occupations to which this chapter is applicable are as follows : Factories, garages, mills, printing plants and workshops where machinery is used ; fo undries, blast fu rnaces, mines, oil wells, oil refineries, gas works, natural gas plants, water works, reduction works, breweries, elevators, dredges, excavations, transfer companies, gener al teaming, general trucking, smelters, powder works, laundries operated by power, quarries, engineering works, logging, lumber yards, lumbering and saw mill oper ations, street and interurban railroads not engaged in int erstate commerce, buildings being constructed, repaired, moved or demolished ; painting and painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in :interstate commerce, bridge building, the occupations of city or town firemen and city or town policemen and all employments wherein a process requiring the use of any da~gerous explosives or inflammable materials is carried on, which is conducted 'for the purpose of business, trade or gain, each of which employments is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein requires risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occuned before this chapter takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this chapter, shall be saved the 1·emedies now existing therefor. (L. 1915, Ch. 124, §4; L. 1917, Ch. 69, §1; S. L. 1919, Ch. ~17, §1; S. L. 1923, Ch. 60, §1.) 4319. Exceptions. This Act shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce, as to be not subject to the legislative power of the State nor to persons injured while they are so engaged, nor to any employee engaged in domestic service, ranch, farm, agricultural, or horticultural -labor, or stock �7 COMPENSATION LAW STATE OF WYOMING raising, or any person holding an appointment as shen"'ff or deputy sheriff or constable or deputy constable. (L. 1915, Ch. 124, §5; S. L. 1923, Ch. 10, §2.) mine, and any adjoining adjacent work place where the mater ial from a mine is prepared for use or shipment. 6 Definitions. §4320. In this Act unless the context otherwise requires: . (a) . "Factories" mean any premises wherein power 1s used. m m~~uf~cturing, .:n:i,aking, altering, adapting, ornamentmg, fm1shmg, repamng or renovating, any article for the purpose of trade or gain or the business carried ?n therein, including expressly any brick yard, meat-pack~ng house, foundry, smelter, ore reduction works, lime-burnmg plant, stucco plant,.steam heating plant, electric lighting or. power plant, mcludmg all work in or directly connected with the construction, installation, operation alteration removal or repair of wires, cables, switch-bo'ards or ap~ paratus used for the transmission of electric cmTent and water power plant, including towers and standpipes power plant, blast furnaces, paper mill, printing plant, flo~r mill glass f~ctory, ce~ent plant, artificial gas plant, machin~ or repair s~op, 011 plant, oil refinery plant and chemical manufacturmg plant. (b) "Work shop" means any yard, plant, premises, roc:t or place where power driven machinery is employed an m~nua! l~bor is exercised by wav of trade or gain or othe~se m~1d~ntal to the process • of making alterin ~epamtg, prmtmg. or ornamenting, finishing 01: adapti;g oh' ~ e or _otherwise any article or part of article over !o;kin~r[~~~1~ hiomthor _plhatcefthe employer of the person s e rig o access or control. (c) "Mill" m where machinery i eans dany Plant, premises, room or place in alt • s ~~e , any process of machinery1 chango/~the~~fle %::e:~~:i~thnrharticld or commod~ty for s::1-le are a part of the 1 t . . e yar s and premises, which bunkers saw mill Ps!~h tcl:dmg elevators, warehouses and industry. ' ac ory or 0.ther work in the lumber (d) "Mine" means an • • purpose of extractin ir Y. opemng m the earth for the 0 1 all underground wor1cin~~• , coald ?fr other minerals and wells and tunnels and oth s opes, ri ts, shafts, galleries, nected therewith' includin;r thay's, _cuts and openings conopened, sunk or 'driven a . ose m the course of being structures or machinery aid Ornclbudets ahll the ~ppurtenant r a ou t e openings of the 1 (e) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise extracted from the earth for the purpose of trade or bargain or of the employer's trade or business. (f) "Building work" means any work in the erection, construction, extension, decoration, alteration, repair or demolition of any building or structural appurtenances. (g) "Engineering work" means any work in the construction, alteration, extension, repair, or demolition of a railway (as hereinbefore defined), bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil t ank, gas tank, water t ank or tower, any caisson work or work in artificially compressed air, any work in dredging, work on log or lumber rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections, the erection, installing, repairing, or removing of boilers, furnaces, engines and po,ver 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 explosives is in use (excluding mining and quarrying). (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (L. 1915, Ch. 124, §6; L. 1919, Ch. 117, §2; S. L. 1923, Ch. 60, §4.) • Workman-Definition. §4321. (i) "Workman" means any person, who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employee" and the term "employee"' shall include "workman," and each shall include the singular and plural of both sexes. Any reference to a workman, who has been injured shall, where the workman .is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal representative �9 COMPENSATION LAW STATE OF WYOMING or where the workman is a minor or incompetent, to his guardian or next friend. (Amended by §2, Ch. 117, S. L . 1919.) (j) "Dependent families" as used in this chapt er means such members of the workman's family, as were wholly or in part actually dependent upon the workman for support at the time of the injury; if it be shown that t he surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spouse \vill not be regarded as dependent in any degree. No surviving spouse shall be entitled to the benefits of this chapter unless he or she shall have been married to the deceased at the time of the injury. (Amended by §3, Ch. 138, S. L . 1921.) ployee, or because of his employment; nor a disease, except, as it shall directly r esult from an injury incurred in the employment. (n) "Invalid" means one who is physically or mentally incapacitated from earning wages. (L. 1915, Ch. 124, §7.) 8 (k) "Child or children" means boys under sixteen ye~rs of a~e and ~irls under eighteen years of age (and over ~aid age, if physically or mentally incapacitated from earni_ng) and shall also include legitimate children of the inJured workl!lan born af~er his death from injury. In other cases quest10ns_ of ~amily dependency in whole or in part shall be determmed m accordance with the fact as the case -may be at the time of the injury; the foregoing definition of "dependent familie~" shall. n_ot include any of the persons named,. who are aliens residmg beyond the jurisdiction of the Um'ted S_tates of America, except a surviving widow, or boys under sixteen (16) years of age or girls under eighteen ~18) years _of age, or parent or parents, and as to such non1 e~ident aliens the rate of compensation shall not exceed thirty-three ~nd one-~hird per cent (33 1-3%) of the rates of compensation herem provided. (L. 1915 Ch. 124 §6 • L. 1917, Ch. 69, §2; S. L. 1923, Ch. 60, §3.) ' ' ' 0) The words "injuries sustained in extra-hazardous entoyment,". a_s used in this Act shall include death resf w:g. from mJury, and injuries to employees as a result 0 . _eir emplo:yment and while at work in o~ about the P1 7m!ses occup_ied, used or controlled by the employer, and iiJe~;-1!~orur~i~g el~ewhere w~ile at 'York in places where • t th P oyers busmess reqmres their presence and sub~~s~ bu\ms~~1t~~t~a a~do~s _du~ies incident to the busi. . h' . me u e mJuries of the employees oc~~;:!n? 0 ~_leaft~/is \':ay to assum_e the duties of his emof which injury isl~~v{1t such duti~~ the ~roximate cause e emp1oye1 s negligence. 1 1 inclu~1;1~njJi~e c:~~~J ~~{hry a.1 ersonal inj~ry" shall n~t rected against an employe ef wi . u act of a third person die or 1 easons personal to such em- Guardian ll'lay Act. §4322. In case an injured workman is mentally incompetent or a minor, or where death r esults from the inj ury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right or privilege accrues to him under. this Act,. his guardian may, in his behalf claim and exerc1Se such right or privilege and no limitation of time, in this Act provided for, shall run, so long as such incompetent or minor h as no guar dian. (L. 1915, Ch. 124, §7.) If Other Than Employer is Liable. §4323. Where an employee coming under the provisions of this Act received an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, a_nd no legal liability attaching to the employer, then and m such case such employee shall be left to his remedy at law against such other person, and compensation shall not be payable under this Act. (L. 1925, Ch. 124, §8.) This Act Governs. §4324. No contract, rule, regulation or. device wha_tsoever shall operate to relieve the employer, m whole or !11 part from any liability created by this Act except as herem provided. (L. 1915, Ch. 124, §9.) Blanl< Forms Provided by the State Treasurer. §4325. It shall be the duty of t~e State Treasu~·er to prepare, cause to be printed and supplied free for use m the administration of this law such blank forms as may be needed in the administration of the act, and the forms provided by the State Treasurer shall be used as near as may be in all procedure under the act; and it shall be the duty of the State Treasurer to provide himself with such other books, records, or forms as may be deemed necessa~·Y: to expedite the transaction of business under the provis10ns of this chapter. The State Treasurer shall also prepare and �COMPENSATION LAW STATE OF WYOMING cause to be printed for the information of employees and workmen such helpful instructions as will assist inj ured worlanen in correctly making claims for compensation. (L. 1915, Ch. 124, §10; L. 1923, Ch. 60, §5.) The inj ured employee's report of accident may be made upon a printed form prepar ed by the State Treasurer for that purpose. No order or award for compensation shall be made unless in addition to the repor ts of accident an application or claim for award is fi led by the injured workman, or someone on his behalf, or in case of the death of the injur ed workman, by his dependents or some one in their behalf, with t he clerk of the district court in the county wherein such accident occurred, within three mont hs after t he day on which t he inj ury occurred, provided however, if t he employee's report of accident is filed within t he prescribed period for filing an employee's report of accident, t he period of limitation for the filing of such claim shall be nine months. Neither the reports of accidents nor anything therein con_tained shall constitute a claim for compensation. The employee's claim for compensat ion may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. .(L. 1915, Ch. 124, §11; S. L. 1923, Ch. 60, §6; S. L. 1925, Ch. 124, §1; S. L. 1927, Ch. 111, §1.) 10 Employer's Report of Accident. §4326. Whenever an accident occurs causing inj ury to any worlanan engaged in any of the extra-hazardous employments defined by this Act, it shall be the duty of the employer and the injured employee or someone on his behalf, or in behalf of the injured employee's dependents, if he be killed or dies from the injury, within 20 days thereafter to make a report of such · accident and the apparent injury resulting therefrom and to file said report in t he office of the Clerk of the District Court of the county wherein such accident occurred .which report shall state : (1) The name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury · has disabled the workman from continuing the performance of his duties. (2) Whether the accident occurred while the workman was engaged in the duties of his employment and grew out of the employment. ' • (3) The nature of the employment and the duties and. how long the worlanan had been engaged in the service of such employer. (4) Whether t_he accident was or ;as not due solely to the culpable negligence of the injured employee and ,i f so, a statement of the facts. . (5) Whether the injured workman is married or smgle; whether he has a dependent family and if so the ntha~es °f th e per~ons comprising such dependent family and eir p1ace of residence. . (6) ~hether the_ injured workman intends to clairrt compensation under this Act. . . Said employer's report Of ·d a printed f acci ent may be made upon ~f:i:edthe State Treasurer for such Purposes• ' anordmshparllepbared e ven Ith as plead"mgs m • c1v1 • ·1 act·10ns. Wilful failure or neglect business or occupation ison e part of any employer whose in, as being extra-hazar ane enumerated and defined hereinj urv to any of his e~ots, to report accidents causing and upon conviction sucli oyees, shall be a misdemeanor a fine of not exceeding Fiv:rrwloyder dshall be punished by un re Dollars ($500.00). I· 11 Investigation by the Dis trict Judge-Procedure in Disputed Cases. §4327. _Whenever an injury or death resulting from injury is reported to the Clerk of the District Court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said Clerk to at once notify the Judge of said Court, that such injury report has been filed in his office. It shall thereupon be the duty of said Judge to investigate the nature of said injury and claim for compensation at the earl1est possible date, in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof is disputed by the employer, and if there be no dispute as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said Judge shall thereupon make an order directing payment for such compensation from the State Industrial Accident Fund in accordance with the facts by -h im ascertained and the terms of this law. If there be a dispute as to the right of said injured employee or his dependent family to receive compensation, or ~s to the amount thereof, then it shall be the duty of said Judge to set the case down for a hearing at the earliest possible date and to direct notice of such hearing to be issued by the Clerk of said Court for service upon the employer and the employee at least seven (7) days before the date fixed �12 COiWPENSATION LAW STATE OF WYOMING for said hearing which said· notice shall be served by the Sheriff of said county without expense to either party except that his actual traveling expenses shall be allowed and taxed, as costs. The hearing shall be conducted upon the statement and report filed by the employer and such formal claims as may be presented and filed with -the Cler k of the District Court by or on behalf of the injured workman. If. tl:ie employer in his report of the injury, alleges that_ t~e lllJUl"Y was due solely to the culpable negligence of the mJured employee, or that the claim for corn.pensat ion is <?De not coming within the provisions of this law, then a Jlll"Y ~ay be demanded by either party and the cause shall be tried, as a coUl"t proceeding. If a jury is demanded it ~ay be select~d ~r~m names drawn from the five mile li~it Jlll"Y box, as m civil cases, at any time in term or vacation unless a regular jur7 panel be in attendance at Court on t he date any such hearn:~g- may occur. The taking of evidence shall be summai-y, g1V1ng full opportunity to all parties to d~vel_op the facts fully. The official Court Reporter of the district shall att~nd the ~earing and make a stenographic report of the evidence without cost to either party The Court or Judge shall direct the County and Pros~cuting Attorney or other compete_nt ~ttorney appointed by the t_o _conduct the exammation of witnesses on behalf o the mJured workman, and it shall be the duty of said attorney t? appear and perform such services without expense ~\ either party. T_he employer may appear in person .01 Y counsel and mtroduce evidence at the same ~ean~f" No costs shall be taxed by the Clerk except fees all~ wid n~~ses, who may be subpoenaed and who shall be <;urt it~\~ ~~~s~~11:~:~~s~t~~tj~; :!s~i~r~1:i ~~ and judgment be in favor ef acci ent fund, if the verdict the employer then he shallo th 1hemployer, but if against sion of the hearin th C pay e costs. At the conclusuant to the verdicf of he ~urt s)'tall _enter an order purno jury be called the Com4ury, ~ Jury be called and if cision upon the f~cts and 1 or ? ge shall render a deprovisions of this Act and aw kf t ile case pursuant to the allovring compensatio~ as ilia an order allowing or diswarrant. In any pro~eedin \ aw and the evidence may aforesaid, t he Court or Ju/ efore a Court or Judge as po~nt a duly qualified impa~~i jhai h~ve authority to apmJured employee and give t at· P ysican to examine the service shall be Five ($ 5 ip;0 ·The fee for such ordered by the Court with· mil O ars, unless otherwise to other witnesses which shall bagf allowed, as is allowed as other witness f~es are paid Th axed, as costs, -and paid • e employer or employee f j t oi) 1ty- 13 may at his own expense also appoint a qualified physician, who may attend and be present at any such examination of an injured employee and give testimony at such hearing or investigation. (L. 1915, Ch . 124, §12. ) Appeal to Supre me Court. §4328. Any order given and made in any investigation or hearing by a Court or J udge pprsuant to t he provisions of this chapter shall be reviewable by t he State Supreme Court on proceedings in error in t he manner prescribed by the code of civil procedure ; pr ovided, however, that the petition in error, bill of exceptions and r ecord on appeal must be filed in t he Supreme Court within thirty (30) days from the date of decision or order on motion for new trial by a Court or a Judge, unless the time be extended by order of court or Judge, and t hirty (30) days shall be allowed all parties t hereafter for fili ng briefs and said appeal shall be advanced on t he calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is prosecuted on behalf of t he injured workman, the County and Prosecuting Attorney, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official Court Reporter of the District wherein said injury occurred and duly certified without cost to said injured workman, and said County and Prosecuting Attorney or other attorney shall order the papers on file in the office of the District Court to be by said Clerk prepared, transcripted, certified and forwarded to the Clerk of the Supreme Court without cost to the injured workman, and the · proceedings in the Supreme Court shall be conducted on behalf of the injured workman by the Attorney General of the State as a part of his official duties, and by othel' attorney representing said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. . The Court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the Court seem just and proper. (L. 1915, Ch. 124, §13; S. L. 1925, Ch. 124, §2.) Court Order Recorded-Copies to Auditor and Treasurer. §4329. Every order given and made by a District Court or Judge awarding payment from the Industrial Ac- �COMPENSATION LAW STATE OF WYOMING cident Fund to an injured employee or his dependent family, shall be entered of record by the Clerk of the Court where given and true copies thereof shall be immediately made and certified by said Clerk and forwarded to the State Auditor and State Treasurer, respectively, of Wyoming, and shall be by each of said officers entered upon a record to be known as the Compensation Docket and shall be authority and direction of the State Auditor to issue warrants for compensation awards against the Industrial Accident Fund and for the State Treasurer to pay such compensation awards from said fund. mileage of witnesses, juror s and physicians adjudged to be· paid from the· accident fund in any court proceeding under this Act, and all contingent expenses incurred in preparing for and in t he administration of this Act shall be paid from the Industrial Accident Fund on proper vouchers and warrants. (L. 1915, Ch. 124, §15 ; L. 1919, Ch. 117, §15.) 14 Industrial Accident Fund-Appropriation. §4330. There is hereby created a fund to be know n a s the "Industrial Accident, Fund," which shall be held by t he State Treasurer and by him deposited in such banks as ar e authorized to receive deposits of the funds of the State. The Treasurer in making said deposits shall divide the said Industrial Accident Fund into two distinct funds , one to be known as the "General Fund" and the other to be known as the "Reserve Fund." The "General Fund" as near as ~ay be, shall be used for payment of all awards, claims a nd items of expense chargeable against the In -Justrial Accident Fund, and the "Reserve Fund" shall not be used for any of ~aid p_a:rments unless the "General Fund" at the time is msuff1C1ent to meet the demands upon it, in \ vhich case the Treasurer shall transfer from the "Reserve Fund" to the ."General Fund" a sufficient amount to meet •the immediate. dema!1d~, upon said "General Fund." The purpose of creatmg _said ~e~erve Fund" is to provide a fund within the Industrial Accident Fund sufficiently large to pay !!Teat an~ unu~ual demands upon the Indushial Accident Fund which _might be caus_ed by a large disaster or · by several such disasters occurrmg within a short time and the "Reserve Fund" shall be kept apart from the "General Fund" and as ne:3-r _as m~y be unused in accordance with said purpose. Withm thirty days from February 20 1919 the State Treasurer shall set aside in the "Reserve Fund'' Three Hshuanlldredt T~dous_andthpona_rs ($300,000.00), and thereafter se asi e m i~ said "Reserve Fund" at the end of each month twenty-five per cent (25w:) f II 10 0 ceived m • th e I ndus t rial • Accident • Fund dminga •moneys d • thre• excess of the amount expended th b I sa1 mon m received to be used in the "Ger{era{Fuand1;;e monfeysrtho of the "Reserve Fund" shall b • ree- ou s vested in United States Gover~!!n1eif as may be kept inSchool District or Municipal Bonds Allonds, State, 9ounty, the State Treasurer under the • . . moneys received by become a part of the Industrial pAro:71ds10tnsFof this Act shall cci en und. All fees or T1 15 "Employer's Assess ment" §4331. Every employer engaged in any of the occupations herein defined, as extra-hazardous, is hereby required to pay into t he State Treasury for the benefit of t he Industrial Accident Fund a sum of money equal to one and one-half per cent (1 ½ %) of the money earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment-. Such payment shall be so made on or before the 15th day of t he mont h following the month for which such payments are computed and paid. Each employer shall continue to make monthly contributions as above provided unless his account af ter making the hereinafter specified deductions therefrom shall equal full two per cent (2 %) of his annual payroll computed by multiplying his cmTent months payroll of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than Three Thousand Dollars ($3,000.00); provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of money (including the payments as above specified) equal to four per cent (4 %) of the moneys earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall not be compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal two per cent (2 %) of his annual payroll, and shall likewise be not less than Three Thousand Dollars ($3,000.00). 'In addition to the other payments required by this section to be paid into the Industrial Accident Fund, every employer engaged in any of the occupat~ons herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." -Such service and policing charge shall be paid by the employer into the State Treasury for the benefit of the Industrial Accident Fund and shall not be credited to the balance of the employer ·contributing. The amount of-balanc.e in the Industrial Accident Fund to the employer's credit shall not relieve him . of his duty and liability to pay the service and policing charge; provided, however, that no employer who pays for �COMPENSATION LAW STATE OF WYOMING any calendar month four per cent of the moneys ear ned . by each of his employees engaged in such extra-hazardous employment during such calendar month shall be compelled to pay a service and policing charge for such month. (b) In payment of medical and surgical. supplies and medical or hospital attendance of an employee of such employer. 16 The service and policing charge shall be computed on the monthly premium paid by the individual employer into the State Treasury for the benefit of the Industrial Acci~ent F~nd during each calendar month or on the · premmm which the. employer would have been required to pay had not the amount of the employer's balance relieved him from the payment of a premium. The a_mount of t_he service and policing charge shall be determmed accordmg to the following schedule: 1Service and P olicing Charge for the Month Where the Monthly Payment is- Less than $10.00 ______________________ $ 2.00 $ 10.01 to $ 20.00 incl. _____ ________ 3 00 20.01 to 30.00 " • 30.01 to 40.00 " ------------S.OO 40.01 to 50.00 " ============= 16:8~ 50.01 to 60.00 " _____________ 15.00 60.01 to 70.00 " ______ _______ 20.00 70.01 to 80.00 " ________ _____ 25.00 80.01 to 90.00 " 3o.oo 90.01 to 100.00 " ------------35 .oo 100.01 to 250.00 " -,- ----------5o.oo 250.01 to 500.00 " ------------500.01 to 750.00 ,, ------------75.00 750.01 to 1000.00 ,, ------------- 100.00 1000.01 to 2500.00 ,, ------------- 125.00 2500.01 to 5000.00 ,, ------------- 150.00 Over $5000.00 ------ - -175.00 ------------------------ 200.00 For the purpose of encouraofog . th the employers and· thus decreasir~g acc~~Ie t ont e part of ~n~ to the end that each e . en s o employees, mJuries to the workmen of ~1hyer hall compensate all of other employers the State emp oyer and not those arate account for ~ach empl _easurer s~all ~eep a sepfuncl and shall charge a ainst oyer so contnbutmg to said all warrants paid from fhe Indthet1~c coAunt_ of each employer_ s 1.a1 cc1dent Fund. (a) As awards for inJ'u .• t O ployer. nes employees of such em- Tu 1 17 (c) In payment for investiga/tions of accidents of such employer, or in payment of investigations of injuries to his employees. (d) In payment of witness fees in cases wherein an order of award is granted to t he employee of such employer. (L. 1915, Ch. 124, §16 ; S. L. 1917, Ch. 69, §3; S. L. 1919, Ch. 117, §4; S. L. 1923, Ch. 60, §7; S. L. 1925, Ch. 124, §3; S. L. 1927, Ch. 111, §2.) Copy of Payroll to State Treasurer. §4332. It shall be the duty of each employer to forward :to the State Treasur er on a blank form provided by said State Treasurer a true copy of his pay-roll of persons in his employ engaged in extra-hazardous employment during the culTent calendar month, sworn to either by himself or the person having knowledge of said pay-rolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said State Treasurer for the same. It shall further· be the duty of each employer heretofore mentioned to notify the State Treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this Act. Any failure of any such employer to file with said State Treasurer a copy of his pay-roll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavit made . as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed as in this Act provided shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars. (L. 1915, Ch. 124, §17; L. 1917, Ch. 6~, §4; L. 1919, Ch. 117, §5; S. L. 1923, Ch. 60, §8.) Powers of State Treasurer and Attorney General. §4333. The State Treasurer is authorized and empowered for the purpose of enforcing the provisions of this act to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the Industrial Accident Fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this Act, shall fail or refuse to pay the assessment upon his current monthly pay-roll, as is required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred �18 COMPENSATION LAW STATE OR WYOMING Dollars ($500.00), and in addition to the said fine it sh all be the duty of the Attorney General of this State to immediately bring suit in the name of the State for the benefit of the Indus~rial Accident Fund against such employer for the collect10_11 o~ such assessment, and if a judgment for the recovery of said assessment be . given in favor of the State fo1: t~e use and benefit of the Industrial Accident Fund, said Judgment shall be for double the amount of t he pay-roll ~ssessment provided in Section 4331 hereof, toge~her with costs. (L. 1915, Ch. 124, §18; L. 1917, Ch. G9, §5, S. L. 1923, Ch. 60, §9; S. L. 1927, Ch. 111, §3.) Compensation Schedule. §4334. Each employee, who shall be injured in an of the extra-hazarc~ous employments, as herein defined, of the dependent family of any such injured workman who ~a:y die as the result of such injuries, except in case ~f inJm-ies due solely to _the culpable negligence of such in ·ured employee, ~ha!~ receive out of the Industrial Accident ftund co1J1pensation m accordance with the following schedule ' af such payme_nt shall be in lieu of and take the plac~ o any and all rights of action against a 1 ribttFing, ~s required by this Act to then)na~ftifa't en und m favor of anv person or pe b . any such injuries or death. rsons Y Ie~son of Ai;t eith c.a) "Pfertmanent partial disability" means the loss of e~ one oo , one leg, one hand one arm the sight of one eve one or more f", . , one eye, or and dislocation ,vh~re the ligame~igeis: one or more toes, o!her_ !njury known to surgery to \:Ie se:vered, or a'!lY d1sabihty. For any permanent . . pe~ma_n~nt partial 1 after specifically described, resu!B~ tI~l. d1sab1l~t~ hereinworkman shall receive a lump sum a! f~I1~sa:n mJury, the For the loss of a thumb___ __ . Fo1: the loss of a first finger=======--------- $ 225.00 F01 the loss of a second finO' . --------- • 200.00 F01: the loss of a third finge;~~====---------150.00 Fo1 the loss of a fourth finO' . ---------150.00 For the loss of a pal ( t e1______________ 150.00 For the loss of a ha~--~~ acarpal bone)_____ 600.00 For the loss of an arm at 0 ;-b""eT--- i;-------- 1,000.00 For the loss of an arm above elbo e1 ow______ 1,200.00 • ( w__________ 1,500.00 Fol. An!cy-Iosis total stiff (due to scars or injuries) wh • hness of) or contractures t~an useless the same amou;f makes the fingers more fmgers (not thumb) as given abo~~~ly to such finger or 0 19 The loss of a t hir d or distal phalange of the thumb shall be consider ed to be equal to the loss of one-half of such t humb ; t he loss of t he more than one-half of such t hum b shall be considered to be equal t o the loss of the whole thumb. • The loss . of a third or distal phalange of any finger shall be consider ed to be equal to the loss of two-thirds of such fin ger . The Joss of more t han the middle and distal phalanges of any fi nger shall be consider ed to be equal to the loss of t he whole fin ger; provided, however, that in no case shall the amount r eceived for more th an one finger exceed t he amount provided in t his schedule for the Joss of a hand. For t he loss of a great toe __________ _________ _ $200.00 For t he loss of one of t he toes other t han great toe 150.00 The loss of mor e t han two-t hirds of any toe shall be consider ed equal to t he loss of the whole toe. The loss of less than two-thirds of any toe shall, be consider ed equal to t he loss of one-half of the toe. For t he loss of a foot_ _______ __ __ ____ _______ $1,000.00 For t he loss of a leg below the knee____ __ ___ _ 1,200.00 For the loss of a leg above the knee________ __ 1,500.00 • For the loss of an eye or the sight thereof____ 1,500.00 For any o_ther injury known to surgery to be permanent partial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every s uch case the amount allowed for the injury shall be paid in monthly installments at the rate of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is living at the time of the injury, provided, however, that the C!ourt making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured. workman as a lurrip sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or �20 COMPENSATION LAW STATE OF WYOMING other conditions permanently incapacitating the workman from performing any work at any gainful occupation. Where there has been a previous disability, as the loss of one eye, or the sight thereof, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by deducting th~refrom the p~rcentage of the previous disability, as it existed at the .tim~. of the subsequent i~jury. When permanent total d1sab1hty results from the mjury the workman shall receive the sum of Four Thousand ($4,000.00) p~Uars, but in every such case the amount allowed for the mJury shall be paid in monthly installments at the rate of Fifty_ Dollars pe! ~onth if the workman be unmarried at the tim~ of the mJury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is livincr at t~e time of the injury; provided, however, that the com~ ~ak1~g such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or c~ange the amount of the award to conform to any change m the conditi?n of the injured workman, and shall h.ave power at any time during said period upon application and hearing, with notice to the employer: and a showing of .the necessity therefor, to order all or any part of the unpaid balance of the aw~rd to be paid to the injured workman as ~ lump sum; provided that if the workman shall die leavmg an unpaid balance of the award, then such unpaid balance sha_ll be returned to the Industrial Accident Fund ~md b~ credited to the employer's balance. If the workman suffering su~h permanent total disability nave a boy or boys under sixteen (16) years of age, or· girls under eighteen (18) ~ears of age, ~he guardian of such child or childhren, appointed a~ herem.after provided, shall receive for t e use and benefit of said child or children a lum of One Hundred and Twenty ($120 00) Doll'ar P sum for each b?Y un der. six • t een (16) years • until the stime per when year each of said boys shall become sixteen (16) ye f and a lump sum of One Hundred and Twent ars o age, Dollars _per ye~r for each girl under eighteen (:i8) ($120.001 age until the time when each of said girls shall b year~ ~ teen (1~) years. of age; provided that the aggr~cgo~e f1g sum paid to said guardian shall i e ump Thousand ($4,000.00) Dollars, an~ ~~ case exceed Four made on account of any such child or chhd:nd all awar~s bursed under a proper guardianship t b en, shall be disCourt or Judge making such award. 0 e created by the . (c) "Temporary total disabilit.(y" • . . which though it may result or do me.ans an mJury total or partial disability tempora:!tl re.sult m _a permanent ' •• Y incapacitates the in- 21 j ured person from performing any work at any gainful occu- pation for the time, but from which injury such person may recover by medical or surgical t r eatment and be able to re· sume ,vork. In such case, if the workman be unmarried at the time of the injury he shall r eceive the sum of Fifty ($50.00) Dollars per month, so long as the total disability shall continue. If he have a wife with .whom he is living at t he time of t he inj ury, he shall receive Sixty ($60.00) Dollars per month, and if he have boys under sixteen (16) years of age or girls under eighteen (18) years of age, or both,•he shall receive for each Seven and One-half ($7.50) Dollars per month, but the total monthly payments shall not exceed Ninety ($90.00) Dollars per mont h. No compensation except t he expense of medical attentio n shall be allowed for the first seven (7) days of disability, unless the incapacity extends beyond th e period of twenty-one (21) days, in which case the compensation shall run from the time of the injury. As soon as recovery is so complete that the earning power of t he workman at any kind of work is restored, the payments shall cease, but" in no case shall the total payments made in such cases exceed in the aggregate the lump sum amount herein specified to be paid an injured workman for injuries causing permanent total disability. When the workman has non-resident alien children he shall receive only one third of the sum above fixed for boys under sixteen years of age and girls under eighteen .years of age. (d) In all cases of temporary total disabil~ty, .I?ermanent partial disability and. permanent total. d1sabil~ty, the expense of medical attention an~ of care m hospit~l of the injured workman shall be paid from date of said injury, the expense of medical treatment_ not to exceed One Hundred and Fifty ($150.00) Dollars in any case and the expense of care in hospital not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless under general arrangement the workman is entitled to m~ical attention and care in hospital, or the employer furmshes adequate and proper medical attention and hospit~l facilities to his employees, provided,_ howev~r, that no bill or fee for medical attention or care m hospital shall be al_lowE:d or paid without notice to the employer and a hearmg if requested by said employer. The Stat~ .Treasurer shal~ have the power to establish a s_chedule fixing th_e fees for which all medical, surgical, hospital or other ~egahz~d forms of treatment rendered to employees under this .section_ shall be compensated. Each physician. or surgeon attendmg a workman injured while engaged m extra-hazardous occupation shall file with the Clerk of the qourt of the co~nty within which such injury occurred and with the State Treas- �23 COMPENSATION LAW STATE OF WYOMING urer under rules to be prescribed by the State Treasurer a full and complete report fully describing the nature of t he injuries to such workman; provided that such report shall not be .required unless the disability resulting from such injury last s through the day or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as her ein provided shall be punished by a fine of not mor e t han Fifty ($50.00) Dollars. Where death results from an injury the expense of burial shall be paid not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless other arrangements exist between employer and employees under agreement. (S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124; S. L. 1927, Ch. 111, §4.) und er sixteen (16) years of age unt il the time when each of said survi ving boys shall become sixteen (16) year s of age, and a lump sum of One H undred and Twenty ($120.00) Dollars per year for each surviving girl under eighteen (18 ) years of age until t h e t ime when each of said surviving girl s shal l become eighteen (18 ) years of age; provided that th e aggr egate lump sum paid to said g uardian shall in no case exceed Three Thousand Six Hundred ($3,600.00) Dollars . In all cases where an order of compensation is made on account of boys under sixteen (16) years of age, or girls under eighteen (18 ) years of a ge, or both, or to per sons incompetent, said fun d shall be disbursed under a pr oper guardianship to be cr eated by the Court or Jud ge making such an order. (2 ) If t he inj ured workman die during the period of t empor ar y total disability and after r eceiving compensation ther efor , as her ein pro,rided, and his death be shown to have r es ulted from such injuries, t he widow and the guardian of t he workman's boys under sixteen (16) years of age and gir ls under eighteen (18 ) years of age shall be entitled t o a n award because of t he death of the workman as herein provided, but the total amount of paym ents in excess of Two Thousand Fo ur Hundred ($2,400.00) Dollars received by th e inj ured workman during such disability and prior to his death shall be proportionately deducted from the am ounts herei n provided to be paid to the surviving widow and the guardian of t he workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. 22 (1) But if the workman leaves a widow or invalid widowe_r, to whom she or he has been regularly married by a_~arriage duly solemnized by a legal ceremony, such survivrng spouse shall receive the sum of T\vo Thousand ($2,000.00) Dollars, but in every such case the said award s~all be paid in monthly installments at the rate of For tyfive ($45.00) J?ollars per month; provided, however, that the ~ourt !llakm&" such award may upon application and hearrng, with notice to the employer and a sho\'.ring of the necessity therefor, order all_ or any part of the unpaid balance of the award to be_ ~aid to the surviving spouse as a lump sum. If the survivmg spouse shall re-marry before all of ~aid award _has been paid, then he or she shall only be e_,nbtled to receive the sum of T_wo Hundred and Seventy ($210.00) Dollars out of the unpaid balance of said award and further payment shall cease, and any balance of t h~ award s~1all return to the General Fund and the same shall be credited to_ the employer's balance; if the surviving spouse shall die before all of said award has been paid then further payment shall cease and any balance of the award ~hall return to the General Fund and the same shall be c1·e_d1te_d to the employer's balance. Provided further that if 1! be shown t~at the surviving sp~use wil~ fully deserted decea_se_d without fault upon the part of the deceased, s1;1ch surv1vmg spouse shall not be regarded as a dependent m_ any degree, but in such case the right of boys under sixteen (16) years of age and girls under ei hte~n years of age to compensation shall not be defeated g If said wo.rkman leaves a· surviving boy or boys und er six • ·t een - 1s under (16) Yea• 1·s of age_ or gir 1 or gir eighteen (18) , of age, the guardian of such child or children ap • / ~ars herei~after provid~d, shall receive for the u;e a p~ib e 1 of said child or children a lump sum of One H n d ~ne d Twenty· ($120.00) Dolla{·s per pear for each su~vf~g t~Y f"~ (3) If any workman die within one ye~u- fi:om . ~he date of receivino- an award for permanent partial disability and his death b: shown to have resulted from the injuries for which the award was granted, .the ~vidow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a,vard because of the death of the workman as herein provided, but the am~rnnt of ~he payments received by the injured workman prior to his. death. shall ~e proportionately deducted from the amounts herem ~rovided to be paid to the surviving widow and the guardian of ~he workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. (4) If any workman die within two years f~·om. ~he date of receiving an award for permanent total_ d~s~bi~1ty and his death be shown to have resulted from his 111Jtmes, the widow of said workman shall be entitled t_o an a~ard because of the death of the workman. as herem p1:ov:ided, but the amount of the payments received by the mJured �24 COMPENSATION LAW workman in excess of $2,000.00 prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or widower or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leavE)s a parent or parent s surviving, such surviving parent or parents shall receive a lump sum of One Thousand ($1,000.00) Dollars; provided a parent or parents who are non-resident aliens shall receive a lump sum of one-third of One Thousand ($1,000.00) Dollars. (L. 1915, Ch. 124, §19; S. L. 1917, Ch. 69, §6 ; S. L. 1919, Ch. 117, §6; S. L. 1921, Ch. 138, §7; S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124, §4; S. L. 1927, Ch. 111, §5.) Forfeiture by Injured Employee-Payments Withheld. §4335. If any injured employee shall persist in unsanitary or injurious practice, which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this Act; and where an injured employee is under care and treatment of a physician, he shall not be permitted to personally receive or use any compensation payments allowed him under this Act, except upon the order of such physician, but such payments shall be withheld and delivered to such injured workman upon his recovery or discharge _by such physician. • Exemption from Execution or Attachment. §4336. No money paid or payable under this Act out of the. Industrial Accident Fund shall, prior to issuance and d~hvery of the warrant therefor be capable of being assign~d, charged or ever be taken in execution or attached or garnisheed, or shall the same pass to any other person by op~ration of law any such assignment or charges shall be VOld. ST4TE OF WYOMING 25 Extra -Hazardous P ublic Work-Contract Work. §43~8. Whenever t h~ State, county or any municipal corporat10n shall engage m any extra-hazardous work in which workmen ar e employed for wages this Act shall be applicable thereto. The employer's pay:Uents into the Industrial Accident Fund shall be made from the Tr easury or the State, county or municipality. If said work is being done by contract, t he payroll of t he contractor and the sub-contractor shall be t he basis of computation and in the case of contract work consuming less than one year in performance t he r equired payment into the accident fund shall be subj ect to t he provisions of this Act and the State for its general fund , t he county or municipal corporation shall be entitled to collect from the contractor t he full amount payable to t he Industrial Accidenf Fund and the cont r actor in t urn, shall be entitled to collect from t he sub-contractor his proportionate amount of payment, t he provisions of t his section shall apply to all extra-hazardo us wo rk done by cont ract, except that in private work t he contr actor shall be r esponsible, primarily and directly, to t he Industrial Accident Fund for the proper percentage of the total payroll of t he work and for the amounts due it, and t he owner of th e property affected by the· contract shall be surety for such payments. Whenever and so long as the stat e law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employee shall not be entitled to the benefits of this Act and shall not be included in the pay-roll of the municipality under this Act. Safety Devices. §4339. Nothing in this Act contai~ed shall r~peal any existing law , providing for the installat10n or 11:amtenanc_e of any device, means or method for the prevent10n of a_ccidents in extra-hazardous work or for a penalty or punishment for failure to install or maintain any such protective device, means or method. Minor Workmen. §4337. A minoi: working at an age legally permitted under the laws o~ this State shall be deemed sui juris for the purpose _of this ;Act and no other person shall have any • ca_use of action or right. to compensation for injury to such mmor workman, except as expressly provided in this Act but m t~e event of a l'!]IDP sum payment becoming du~ under this Act ~o ~uch mmor workman, the management of same shall be withm the probate jurisdiction of the Co rt the same as any other properties of minors. u s, Fees for Services in Procuring Compensation Limited. §4340. It shall be unlawful for any person ?r any number of persons acting together or separately or m any way, including attorneys, agents, interpret~rs, an~ all other _pe~·sons, to receive or agree to receive _ei_th~r dll"ectly O! mdirectly from any beneficiary or beneficiaries _under. t~is Act, for services rendered or to be rendered, e1th_er Jomtly _or separately, in relation to procuring any benE:flt or benefits under this Act anv sum or sums aggregatmg more than ' - �COMPENSATION LAW STATE OF WYOMING five percentum of the whole amount received or to be received by such beneficiary or beneficiaries on account of injuries to any employee, and in no event to exceed Fifty ($50.00) Dollars. Every person violating or concerned in the violation of the provisions of' this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than five hundred dollars, 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 dependent, 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 workman or dependents, free of all charges and costs. (Amended by §8, Ch. 138, S. L. 1921.) may deem pr oper for changes or amendments herein and to publish a full r epor t t hereof, to the Governor on o; before t he 31st day of December in each year. (Amended by §7, Ch. 69, S. L . 1917.) 26 Physicians Required to Testify. §4341. Any physician having attended an employee in a professional capacity may be required to testify before any Court or Judge when so directed in cases coming within the provisions of this Act, and the law of privileged communication between physician and patient, as fixed by statutes, shall not apply in such cases. False Statement by Employee. §4342. Any employee or workman who shall make or cause to be made on his behalf any misrepresentation or false sta~ement for t!1e purpose of receiving compensation under this Act to which he 1s not lawfully entitled shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than Three Hundred ($300.00) Dollars or imprisoned for not more than ninety (90) days. Statistics Compiled by State Treasurer. §4343. It shall be the duti of the State Treasurer to s~cure and col'!Ipil~ statistical information concerning acc!dents, occ~u-rmg 111 th~ extra-hazardous employment def111_e~l by this fa.ct,. show111g the number of accidents or fatal_1b~s occurnng 111 each of said employments, the amount pa!d 111 by each employer_ coming within the provisions of this Act; t~e amoun~ J?aI~l o~t on account of injuries, or death resultmg_ from 111~Ul'les 111 such employments and any o~her 111f~rmation relatmg to the operation or administrat10n of this law that may ~e of interest and to make a full report thereof, together with such recommendations as he 27 Sta te T reusurer i\I ay E xa mi ne Em pl oyer's Books. §4344. The State Treasurer may at any time on twenty-four ho urs notice, (unless such notice is waived by t h e employer) eit her in per son 01· through any authorized inspector, agent or deputy, examine the books, accounts or payrolls of any employer at any t ime for the purpose of seemi ng any information desfrecl in the administration of this Act. (S. L . 1927, Ch. 111, §6.) Disabl ed 'tVor k men E xa mined 'hy Employer's Physician-Recovery RepQrted to Court. §4345. Any workman awarded compensation for temporar y total disability under this Act as defined by clause (c) of Section 19 hereof shall, if thereafter requested by his employer , submit himself for medical examination by a physician licensed to pract ice medicine ' in this State, at a place designated by the employer and which shall be reasonably convenient for the workman, and said workman may have a licensed physician present of his own selection. The purpose of such examination shall be to determine whether the workman has recovered so that his earning power at any kind of work is restored. If it be agreed that the workman has recovered so that his earning power at any kind of work is restored the fact shall be reported by the employer and said physici~n to the Judge of the District Cour~ who made the award in the first instance, or if there be a dispute as to the recovery of the workman and his re~toration to earning power, it shall be likewise_repo:rt;ed ~o said Judge by filing a statement in either case 111 the office of the Clerk of the District Court of the county where the award was made and the matter shall be disposed of in such mann~r as said Judge may deem proper under the facts. If said Judge find that said workman has recovered and_ has been restored to his earning power and that comp_ensation sh~uld be discontinued his decision and judgment rn the premises shall be certifi~d to the State Auditor an~l Stat_e Treasm:er and shall be authority and direction to said officers. to discontinue compensation payments. ~f t~e workma~ m s~ch case refuse to submit to such exam111at1011 or obstI ucts the same, his right to monthly payments shall be suspended until such examination has taken place, and no compen~ation shall be payable during or for account of such period or refusal. �28 STATE OF WYOMING COMPENSATION LAW 29 §4346. All employees or workmen coming within the provisions of this Act shall be required upon entering service in any of the extra-hazardous employments herein defined to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their dependent families, in each case giving the names and ages of their boys under the age of sixteen (16) years and girls under the age of eighteen (18) years. • employer, or after he ceases such business. Provided, that every employer , operating under the provisions of said Act shall pay into said "Workmen's Compensation Fund," the sum of at least $5,000.00, and Provided further if this chapt er shall be hereafter repealed or held invalid, the moneys which are in the industrial fund at the time of disposition as may be provided by the legislature, and in default of such legislative provision, distribution thereof shall be in accordance with the j ustice of the matter, due regard being had to obligations of compensation incurred and existing. (Amended by §1, Ch. 76, S. L. 1921.) Accounts Inactive Three Years to Be Closed. Rights of Action. §4347. Any balance standing to the credit of any employer in the Industrial Accident Fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of which his said contributions have been made shall be debited from his account to the profit and loss account of said fund, and said employer's account shall be thereupon finally closed, and thereafter the said balance shall permanently remain a part of the Industrial Accident Fund. §4349. Nothing in the Workmen's Compensation Law shall be construed to limit or affect any right or action by an employee against an employer for injuries received while in the employ of such employer when such employer at the time of such injuries is not contributing to the industrial accident fund as provided in this Act. Employee's Statement of Dependent Persons. Payments of Employers Not to Be Refunded-Transfer and Assignment. §4348. All payments made into the Accident Fund by any and every employer under the provisions of this Act ~hall b~ taken as paid and received in consideration of the rndemmty to ~uch e:r_nployer by reas?n of his contributing to the Industrial Accident Fund, and m consideration of the payments made by the State to such fund. Provided, that when any employer engaged in an extra-hazardous occupation as defined in this chapter, has heretofore sold and conveyed, or shall hereafter_ sell and convey his or its property to a; purchaser who_ contmues to conduct and carry on said busmess at the ~ame place the seller shall be entitled to tr~n~fer and 3:ss1gn ~~ the pu~chaser all rights, benefits, pnvlleges and 1mmumties accrumg to such employer by virtue o~ any S?m then on deposit to his or its credit in the Ind?~tnal Acc1<:1ent F~nd in the St~~e Treasury under the prov1s10ns of said Act , and upon flhng such assignment with t~e State Tre~surer1 ~he pur~haser ~~all succeed to all said ri~hts, benefits, pnvileges,. immuruties of said employer. S_a1d pur~haser shall be_ subJect to obligations of compensat10n aga1_nst the seller ;1-ncurred and existing at the date of su~h ~ss1gnment; provided, that no part of any moneys so P!lld in hr any e:r_nployer shall ever be refunded to him either durmg the time when he continues in business as such Right of State Treasurer to Appeal. §4350. The State Treasurer shall _have the rig~t to appeal to the Supreme Court from any final or<:1er or Judgment in any District Court of the Stat~ awardmg compen. sation or declininO' to award compensat10n although he was not a party to th~ proceedings in such District Court, ~pd upon the perfecting of any such app~al the Cour~ allowmg the appeal shall issue an order staying the ~xecut10n o~ ~he final order or judgment appealed from without requmng any bond. The Attorney General shall act as the attorney of the State Treasurer in every such appeal, and each a;Ppeal shall be conducted without expense to the Industnal Accident Fund. (S. L. 1925, Ch. 124, §5.) Date for Filing Prior Claims. §4351. All bills or claims !o~ medical, surgical or hos; pital services rendered to any mJured v.:orkman under th provisions of the Workmen's Compen~ation Act more than thirty (30) days prior to the date this law becomes effective shall be filed with the District Court of the. propE:r County within fifteen (15) days aftei: the dat~ on which ~his Act becomes effective and no such bill or claim forcse~ces or expenses whatsoe;er shall be allowed by the ou or paid from the Compensation Fund unl~ss th e have prior notice thereof and a hearing be a hearing is requested by the employer. ;::::rt){e~~i~i~ �30 COMPENSATION LAW Bills to Be Ite mi zed-Time for Filing. §4352. All bills for medical attendance, expense or disbursements, and for hospital services, shall be properly dated, itemized and verified by the claimant or the same shall be disallowed by the Court, and every doctor who shall attend an injured workman shall within ten (10) days after the first of the month succeeding that in which he rendered service to the injured workman file with the Clerk of t he District Court of the proper County, his itemized and ver ified bill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the State Treasurer, and all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the Court. Notification by Doctor. §4353. Every doctor who accepts the case of an injur ed workman, and every hospital which accepts the case of an injured workman shall within ten days after accepting such case file a written notice thereof with the Cle1·k of the District Court, and shall send a copy of such notice within said ten (10) days to the State Treasurer and another copy ·within said period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the Clerk of the Court or to send copies thereof within said period to the State Treasurer and the employer of the injured workman shall forfeit any remuneration or award from the Compensation Fund for any ·services, care or attention rendered to such injured workman or any facilities furnished to him. Awards. §4354. Every award within the meaning of this Act is a judicial determination of the rights of the employer, the employee and the Industrial Accident Fund as to all matters involved. No award of compensation or allowance of any expense or claim chargeable against the ac- . count of any employer contributing to the Industrial Accident Fund shall be made without notice to such employer and hearing unless such employer shall consent thereto. Re-opening of Cases. §4355. The State Treasurer shall have the right to cause any case to be reopened in which an order of award has been made, provided he shall cause a petition for the reopening of the case to be filed with the court which granted STATE OF WYOMING 31 th e award, within t hir ty days after the date on which the order of award was received in the State Treasurer's office. Such petit ion must show probable cause that error was made in t he amount of t he award or the character of the award or the grounds on which t he award was made, and may specify as a reason for re-openi"ng t he case existing evidence not given in t he original hearing, showing the general nature and effect of such evidence. On the filing of such a petition and on the court finding that probable c::i. use is shown thereby, t he court shall stay the award, l'J,nd upon r easonable notice to all parties r e-open the case and set the same for hearing de novo. The State Treasurer may take such part in t he new hearing as he may deem advisable and shall have every ri ght and privilege of a party to the cause. He shall have the right of appeal to the Supreme Court from any order in such new hearing, either granting an award or r efu sing to grant an award . . He shall also have a right of appeal from an order refusmg to reopen a case. In addi tion and without the necessity of presenting any petition for t he re-opening of a c'.'l-se to the trial court, t he State Treasurer shall have the nght to appeal to the Supreme Court from any order or judgrt?-ent in any_ d_istrict court of the State awarding compensat10n or declmmg to award compensation although he was not a party t_o the proceedings in such District Court. Upon the perfectmg of any appeal instituted by the State Treasure~· the court allowing the appeal sh~ll issue an order staymg t)'le exec_ution of the order or Judgment appealed from _without requiring any bond. The Attorney General or his deputy or assistant shall act as the attorney ~f the State Treasurer in all cases. All costs of new hearmgs granted upon the petition of the State Treasurer and all cost~ of appeals conducted by the State Treasurer shall be paid by the I:1dt~strial Accident Fund, except such costs as the Court ~n its discretion shall assess against any of the other parties to the cause. Deferred Payment Account. §4356. Whenever an order of award shall specify that the award is to be paid in monthly payment~ the State Treasurer shall charge the am~u~t thereof kag!~n~n1h~h~~l count of the employer of .dthe m~durfe? :1hemGeneral Fu~d transfer the amount of sai awai ~o h 11th . • t Def d Payment Account, which accounts a e1e-m oa erre t f the award Interafter be alone liable for the'jayment Account shali be paid est earned by the Deferred ayllmen amounts repaid or into the General Fund, as we as a11 �32 COMPENSATION LAW returned to said General Fund under the Provisions of this Act or by reason of modification of orders of award. Whenever a modification of an order of award increases the amount of the award the additional amount shall be charged against the employer's account and transferred from the General Fund into the Deferred Payment Account, and whenever a modification of an order of award decreases the amount of the award the amount of such decrease shall be transferred from the Deferred Payment Account to the General Fund and credited to the account of the employer. STATE OF WYOMING CHAPTER 159 - S. L. 1925CO AL i\lI NE CATASTROPHE INSl)' RANCE AN ACT to provide coa l mine catastrophe insul'ance and the insur~nce and the a~cumu lation and use to t hat end of a catastrophe msurance premmm fu nd, and for other purposes. Be it Enacted by the Legislature of the State of W yoming: Existing Contracts and Pending Actions Not Affected. §4357. This Act shall not affect any contract ent ered into and existing before its passage or any action pending or cause of action existing prior to April 1st, 1915. §4358. This Act shall take effect and be in force from and after the 1st day of April, 1915. Bill approved February 27, 1915. Amendments Approved February 19, 1917. Amendments Effective April 1, 1917. Amendments Approved February 25, 1919. Amendments Effective April I, 1919. Amendments to Section 15 (4330 Wyoming Comp Statutes, 1920). Effective February 17 1921 by Ch 65. S. L. 1921. ' ' • ' Amendments Approved February 24, 1923. Amendments Effective April 1st, 1923. §4347 new, by Ch. 68, S. L. 1921. Effective February 17, 1921. Amendments Approved February 25, 1925. Amendments Effective April I, 1925. Sections 4351, 4352, 4353 and 4354 new by Ch 124 S.. L. 1925. Effective April 1, 1925. ' • ' Amendments Approved March 5, 1927. Amendments Effective April 1, 1927. Sections 4355 and 4356 new, by Ch. 111, S. L. 1927. Definition. SECTION 1. The word, catastrophe, as used in this Act means a disaster in a coal mine or mines causing the payment through t he operation of the workman's compensat ion law of this State out of the Industrial Accident Fund of an aggregate more than Twenty-five Thousand Dollars in compensations to workmen killed and injured and their dependents, growi ng out of any one accident or occurrence, or series of accidents or occurrences arising out of one event. . • Payment by· Coal Mining Com1>anies. SECTION 2. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is d~eme~ necessayy, each employer operating a coal mine or mmes m Wyommg shall pay into the State Treasury monthly a sum equal to onefourth of one per cent. of his Wyoming payroll for the preceding mont h, such payment to be ma:de on or before ~he fifteenth day of the month following the month for which such payments are computed and paid, the_ moneys so received to be placed by the State Treasurer. m a fund to be denominated Catastrophe Insurance Premmm Fund. All moneys received by the State Treasurer under the terms of this Act, shall be paid by him out of t~e Cat3:strophe Insurance Premium· Fund into the Industrial Accident Fund, monthly as received, a1:d such payments shall. continue to be made until the credit balance of the C~tastrnphe Insurance Fund in the Industrial Accident Fund 1s equal to One Hundred Thousand Dollars ($100,000.qO), whereupon such payments shall cease, to be automa;tically r:s~fmtt~ whenever and continue so long as the cred~t ~alanc Indus Catastrophe Insurance Premium Fund withrn th e D trial Accident Fund is below One Hundred Thous:1nd O1Jars ($100,000.00); all such payments shall be credit ed gen- �35 COMPENSATION LAW STATE OF WYOMING erally to the Industrial Accident Fund instead of being credited to any individual employer contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. mor e than Five H undred ($500.00) Dollars and in addition to the said fine it shall be the duty of the Attorney General of t his State to immediately bring suit in the name of the State in the District Court for the proper county, for the benefit of the Catastrophe Insurance Premium Fund, against such employer for t he collection of such P!·emium, and if a judgment for t he recovery of such prem~um due be given in favor of t he State fo r the use and benefit of the Catastrophe Insurance Premium Fund said jud_gment sha_ll be for double t he amount of t he pr emium provided by this Act, together with _costs. 34 Losses in Excess of $25,000 to Be Paid from Fund. SECTION 3. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the State Treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above Twenty-five Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thousand Dollars shall be paid from the Industrial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catas trophe Insurance Premium Fund. Separate Account to be Kept. SECTION 4. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the. Catastrophe Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund with all amounts paid out for cat astrophes as herein provided. Use of Fund Limited. SECTION 5. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. Penalty for Failure to Pa y Premium. SECTION 6. The inspectors appointed by the Treasurer under Section 4333 of the Wyoming Compiled Statutes of 1920 and acts amendatory thereof and supplemental thereto shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this Act he shall be guilty of a misdemeanor and shall be punished by a fine of not A uthority t o Contract Wi t h Insura nce Co mpanies. SECTION 7. The State Treasur er, should he deem it advisable, is hereby authorized and empowered to make co_nt racts on behalf of t he State of Wyoming and the Indust~al Accident F und with an insurance comp~ny or _companies, to provide for payment into the Industrial Accident Fund by t he insur ing company or companies ~f a su!ll equal to t he ul timate net loss which t he Industrial Accident Fund has or shall sustain by reason of any catastrophe, ~11 fer t~e ; purpose of aut horizing t he Sta~e Treasurer to remsu:e t : said catastrophe r isk wit h an rnsurance co1:1pany or c~l panies The premium for any contract remsura1'.ce s a_ be paid by t he State Treasu~·er out of the Industrial Acc1: dent Fund and charged agamst_the account of the Catas trophe Insurance Premium Fund. . ,. Every contract of reinsur~nce ~hall specifyi thaa~ tt~el . . ames remsures the n us na msurance company 01 comp of catastrophes during 1 Accident Fund fr~m loss by r~:i~ the limits as to amount the term O! such msur.anr, w1 that the insuring company expressed m the contiac_, an ward for claims growing waives all right to ques[1<:n 1 0 ~row out of a catastrophe, out of a catastr?phe ?r c aime will accept as final the and that the msurmg compact~· the Wyoming Workmen's awards made by the court~ un .e e b · such awards, and will Compensation Law, and 1 ab{jal ~ccident Fund all the promptly repay to !heel ~ us the term of such insurance payments made by it urmg h contract shall also protinder catastr_ophe 1awards. EaJisclaims all right to appear vide that the rnsurrng com~any der the Workmen's Comin or contest any proceedrng un de out of the Industrial pensation Law. ~o p~yment_dmt~ the Industrial Accident Accident Fun~ which is repai shall be charged against Fund by an insurance company Insurance Premium Fund the account of the Catafstf~phe plover in whose mine the or against the account O e em catastrophe occurred. ~tf 11 �.' 36 COMPENSATION LAW STATE OF WYOMING SECTION 8. This Act shall take effect and be in force on and after April 1, 1925. der the provisions of t his act shall be computed according to t he compensation schedule of the Wyoming Workmen's Compen ation Law in effect at the time such injuries were received, and t he pr ocedure and forms under this Act shall be a near as may be the procedure and forms provided by the Workmen's Compensation Law, it being intended that the Wyoming Peace Officers' Indemnity Fund shall be administered by the State Treasurer as near as may be in the ame manner as t he Wyoming Workmen's Compensation Law is administered, and that orders of award and all other court procedure shall be entered and conducted as near as may be in accordance with the procedure provided by the Workmen's Compensation Law, and that any of the ab~ve peace officer s injured in ·the line of his duties shal.l receive t he same compensation which he would have received had he received t he same injury while working for an employer contiibuting to the Indushial Accident Fund! and shall receive the indemnity in the same manner. Approved February 28, 1925. CHAPTER 97 -S. L. 1923INDEMNITY FOR PEACE OFFICERS AN ACT to provide indemnity for peace officers killed or injured in the discharge of their duties; the accumulation of a fund ther efor, making an appropriation of $25,000.00, and for other purposes. Be it Enacted by the Legislature of the State of Wyoming: 37 Wyoming Peace Officers' Indemnity Fund. SECTION 1. The fund accumulated under this Act shall be known as the Wyoming Peace Officers' Indemnity Fund. Officers Included. SECTION 2. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiar)' wardens, penitentiary guards, guards of the Vi!yoming Industrial Institute, including the Superintendent and his deputies, agents of the State Department of Law Ehforcement and the Commissioner of such Department and his deputies; State Game and Fish Commissioner and his assistants and deputies, and State Game Wardens; and all sala1·ied sheriffs, under sheriffs, deputv sheriffs and constables employed by any county of th'e State of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in the performance of their duties, the purpose of this Act being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life a.nd limb. This Act shall not apply in any case where the injury oc·curred before the date on which this act is to take effect. Limit uf lndemnity Paid. SECTION 3. The indemnity which any such peace officer or his dependent family shall be entitled to receive un- Payments to Fund by Counties. SECTION 4. Every county of the State of Wyoming is hereby required to pay into thE: Sta!e Treasll!Y for the benefit of the Wyoming Peace Officers Indemruty Fund a sum of money equal to one and one-hal~ per ceI?,t (1½ %) of th.e . moneys earned by each of its salaried she~·iffs, deputy she1: iffs under sheriffs and constables dunng each calendal mo~th in which they shall be employed. · Such paymen shall be so made on or before the fifteenth day of the mont~ following the month for which such payments are comtpute d •d The State Treasurer shall keep a separa e ac:~unifo~ each county so contributing to said fund,. and shall charge against t~e account offtc~ ~of;J:r:!\;;a~:;J~ paid from the Wyommg Peace 0 1ce1 s (a) As awards for injmies to the above named peace officers of such county; (b) In paY_ment of medical o~· hospital attendance of such peace officers of such county, . . . (c) In pa;yment !o! tph!ymin;~iti;;t!~~:sf~~Wo~~e~ni~ such peace officers 01 m . . . ere received· the manner in which such mJunes w ' . ·t f es in cases wherem an (d) In pay~ent oft Wld tne~~ch peace officer of such order of award 1s gran e 0 county. • t ake said monthly conEach county shall c~ntldnue 1 ~ts account after maktributions as above provide un ess ° �COMPENSATION LAW STATE OF WYOMING ing the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. forwarded to the State Auditor and State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a r ecord to be known as the Iridemnity Docket, and shall be t he authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming P eace Officers' Indemnity Fund, and for the State Treas urer to pay such indemnity awards from such fund. 38 Payments to Fund by State. SECTION 5. The State of Wyoming hereby- pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per cent (l½ %) of the moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which the accounts of the counties are required to be kept under the provisions of this act, and that similar charges for amounts paid out on account of or on behalf of injuries to its peace officers shall be charged against its account. The State of Wyoming further pledges itself that in the event its account is overdrawn that it shall contribute a sum of money (including the said one and onehalf per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers. Appropriation. SECTION 6. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of Twenty-five Thousand Dollars ($25,000.00) to be paid to said Wyoming Peace Officers' Indemnity Fund as the first contribution of the State to said fund. Report of Accident. . SECTIO_N 7. Reports ?f accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports are required to be filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all injuries to peace officers employed in his department. Order of Court. SECTION 8. Every order given and made by the District Cou~ or fudge a":arding payment from the Wyoming Peac~ Officers Indem!lity Fund to an injured peace officer or his dependent family shall_ be entered of record by the Clerk of. the C_ourt where given and true copies thereof shall be 1mmed1ately made and certified by said clerk and 39 Power of State Treasurer. SECTION 9. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this act. Appeal by State Treasurer. SECTION 10. The State Treasurer shall have the right to appeal to the Supreme Court from any final ord_er o~ judgment in any District Court of the State awardmg mdemnity or de~lining to award ~ndemnitf, although he was not a party to such procedure m the District Court. The A~torney General shall act as the attorney for the Stat~ m every such appeal, and each appeal shall be_ con1ucted wi~hout expense to the Wyoming Peace Officers Indemmty Fund. SECTION 11. This Act shall t~ke effect and be in force from and after the first day of April, A. D. 1923. �INDEX BRIBERY IN CONNECTION WITH WORKME N'S COMPENSATION ACT- 3 W ORKMEN'S COMPE NSATION ACT Section ACCIDE NT REPORTS_ Employe1· Shall Fil e --- -- ________ --- ---- -- ---------- 4326 Employee Shall File ---------------- -------------- - - 4326 ACCO UNTS INACTIVE THREE YEARSAccounts Shnll be Closed ---------- ------ - -------- - -- 43 47 AGRIC ULTU RAL LABOR1:~xe.eptcd ------ ------ -- -- -------- ---- ---- -- ---- ------ 4319 A LIEN DEPENDENTSAmoun t Allowed - --- ---- - --------------------- - - -- -- 4321 (k l N on.Resident Pn rent Ol' P nrent:; ---------- ------- - - - 433 ,1 (5 1 Not I ncluded in Defin itio n of " Child" or " Children" E:<cept ---- ------ -- ---------- __ - - - - - - -- --------- - - 4321 (k \ APPEAL T O SUPREME COURTHow Taken ------------------------------- - ------ 4328 Stnte Treas urer Shall Hnve Right ____ _____ _____ ___ 4350 ATTOR NEYSFees for Services Lim ited _-- - ------------------------ 4340 ATTOR NEY GENE RALP owers of -------------- -------------- ---- - ---- ----- 4383 AW ARDSChn rged to Account of ------ ----- - - --------- - ----- 4381 Cour t Sha ll Stay P ay men t P ending AppenL ___ __ __ 4828 Exempt ion from Attnchment ____ _____ __________ ____ 4336 B'LANK FORMSFu rnished by S tate Treasurer ______ _________ _____ __ 4325 BURIALF ees Shall Not E xc<?<?d ___________ __ ________ 433 •1 (d1 CASUAL LABORExcepted - ---------- --- - -------------------- -------- 4321 (i / CHILD OR CHILDREN!\.liens - --- ------ -------- - - -------- -- -- - - - - - -- 4321 (k 1 Children of Decenscd Parent Shall Receive __________ 4334 (1 1 Definition - -- ---------- - - ----- ---- - ----- ------ ------ 4321 (kl No Limitation of Time Shall Run Until Guardian is 1m (b, lcJ sh!fiP~:ci:t. i~--p;~;;;-.;-~;~t-T~t;;ri:i;;;biiity-C-;.~;;==== Shull Receive in Temporary Total Disability Cases ____ 4334 CLERK OF COURTEmployee's Report of Accident -- ---- - - -------------- 4326 Employer's Repor t of Accident ________________ 4326 Procedure When Death or Accident is Reported _____ 4327 Shall Record Court Orders - - - - -- --- ------------- - 4329 COMPENSATION SCHEDULE. Each Employee Who Shall be Injured Shall Receive __ 4834 CONSTABLE OR DEPUTY CONSTABLE4319 Excepted -- - - - ---------------- --- ---------------COSTSNo Costs Shall be Taxed Except ____________ 4327 CONTRACTORS AND SUB-CONTRACTORS-In Private Work Contractor Respo!'sible - - - - - - Payroll of Contractor Shall be Basis ----------State nnd Municipal Employees Not Entitled to Benefits if Other Provisions Are Mnde --------- - - 4338 -m: COUNTY AND PROSECUTING ATTORNEY" Shall Act on Behnlf of Inju1·ed Workm!'n----------- 482 • Shall Give nil Necessary nnd Legal Adv,ce to Work- ,1340 man ----------------------- ----------------------COURT ORDERS RECORDED4329 Copies to Auditor nnd State Treasurer -------------COURT PROCEDURE4327 Procedure in Disputed Cases _______ _________ ____ COURT REPORTER..,_ _____ 4327 ShnJl Attend Hearings -------------------------- Pnge 10 10 28 s 24 13 29 2r, �INDEX-Continued INDEX-Continued Section DAMAGESSections Repea led -------------------------- 4316 DEATH OF EMPLOYEE-Where Workmnn Dies Reference Thereto Shnll Include Dependents ___________________ -------------------- 4321 ( i) Deferred Pnyment Account ------------------------ 4356 DEFINITIONSBuilding Work ------------------------------- 4320 (f) Child or Children ------------------------- - -- 4321 (k) Dependents ----------------------------------------- 4321 (j ) Employer --------------------------------- 4320 (h) Engineering Work ---------------------------------- 4320 (g) Factories ------------------------------------------ 4320 (a ) Injury and Personal Injury -------------------------- 4321 (m) Injury Sustained in Extra-Hazardous Employment_ ___ 4321 (I) Invalid -----------------·---------------- - --- 4321 (n) Mills _ _ _ _ ·----------------------------- 4320 (c) Mine _ _ _ _ _ ---------------------- ---- -------- 4320 (d) Quarries _ _ _ _ · - - - - - - - - - - - - 4320 (e) Workmen -------- ---------------------------- 4321 (i ) Workshop ----------------------------------- 4320 (b) DEPENDENTS AND DEPENDENCYChild or Children ---------------------------------- 4321 (k ) Definition of ---------------------------------- ------ 4321 (j ) Definition Shnll Not Include Aliens Except_ _______ 4321 ( k ) Dependency to be Determined in Whole or in Part in Accordance With Fnct ------------------------ - - - - 4321 ( k l Dependent Parent or Parents ______________________ 4334 ( 3) Spouse Not Dependent if Wilful Desertion, be Shown __ ~321 ( j ) Shall be Referred to Where Death Occurs to Workman 4321 (i) Widow Shall Receh·e ------------ ------------------ 4334 IIJ DISPUTED CASESProcedure in -------- - ---- - -------------------------- •1327 DOMESTIC SERVICE-Excepted -------------- ------ _________ _____________ _ -1319 EMPLOYERAccident Reports ---------------------------------- 4326 Aw'!r~~ Charged to Account of Individual Employer__ 4331 { a. b. c. di ~::;~~~~~~. -A;;;;.-;,~;-t--::::::::::::::::::::::::::::: m~ n,, Exempti~n from Payment of Premium ____ ______ ____ 4331 Not Relieved of Linbility __________________________ 4324 Penalty for Not Reporting Accidents ________________ 4326 Shall Furnish Copy of Payroll _ 433? Shall Report RecoYeri• of Workmen ________________ 4345 EMPLOYMENT-Excluded Classes ------------------------------------ 4319 See Occupations Co,·ered by Act. EVIDENCE-Taking of Shnll be Summary ______________________ 4327 EXCEPTIONSAct Not to be Construed to Apply __________________ 4319 When Employment is Purely Casual ________________ 43?1 (i) EXEMPTION FROM PAYMENT OF PREMIUMEmployer Shall Continue to Make Contributions Unless ---- --- ----- ··--- - ----------- ------ ---------- -- 43a 1 FARM EMPLOYEES-Excepted ______ ____ ____ ________ ______ __ __ ______ ______ 4319 FEES-Collection of Fees Limited __________________________ 4340 GUARDIANGeneral Provisions ____ ________________ _____ 4322 Wh ere Workman is Minor Reference Shall be-M;d;-~ 4321 (i) HEARINGS-How Governed ---------- - --------------------------- 4327 No _4wa:d or Allowance Shall be Made Without No- ~h:{i~:~,(~o~~~~~~--~~~:--;~:~::::-----------------11i1. HORTICULTURAL LABORExcepted __ ______ --- - ------------------------------- 43ig P a ge 4 7 31 s 8 7 7 6 s 8 g 6 G 7 7 6 8 8 s 18 7 22 Section HOSPITALSBills to be I temized -------- - ----- --- --------------- 4852 Fees for Services - - ---- - --- - - - - - - - - -- - ------- ------ 4884 (d) N otifica tio n by H ospita l - --------------------------- 4853 P r ior Clnims. Date of F iling - ----- - - -------- - ----- 4351 Reports Wher e F il ed ---- - ------------- -- -- - --------- 4384 (d) INDUSTRIAL ACCIDE NT FUNDApprop r intion __ ---- - --- - - ---- - - ---- ---- - ---------- 4330 INJURIES SUSTAINED IN EXTRA-HAZARDOUS EMPLOYMENTShnll Include - - - --- -- --- -- ----- - ----- - - - ----- - ---- 4321 (I) INJURY ANU PERSON AL INJURY_ Defini tion ------- - - ---- - ---- - -- - - ------------------ 4321 (]) Defini t ion Shall Not Include ------ --------- -------- 4321 (I) Wilfu l Act of Third P erson - -- --------- - ----- - ------INSPECT ORSTreas urer is Aut horized to Appoint - - ---- ---------- 4333 INTERSTATE COMMERCE-Those E ngaged In ______ __ __ ____________ ________ _____ 4319 INVt.!rFnition _______ __ ___ ____ ___ ___ __ _________ ______ : __ 4321 INVESTIGAT IONSJudge Sha ll Inn s tignte Nature of Injury nnd Claim __ 4327 15 7 15 15 9 JO 17 27 5 11 0 5 25 g 7 11 30 11 21 14 8 8 17 7 0 m~ 24 MIS~~~-:;,~·:-by Injured Employee -- - --- - - ---- - --------- 4335 24 0 OCCE/l~ ~~!':~- :~~ ~~~~ -~::- ~-~==------------ 4318 PARENT OR PARENTS-When Dependent Shall Receive - - -- - ----------------- 4334 PAYROLLSEmployer Shall Forward Same to State Treasurer---- 4382 PER:J~~sE71.!st (3) 17 !f~~_I:-~I-~~~~~~:.:=-------- , _______ 4334 (a) PERMANENT TOTAL DISABILITY334 (b) 4 Means Loss of --------------------------------PHYS_ICIAN. 4352 B'1lls to be Itemized -----------~-----7-----E--I---- 4345 Employer's P~ysician May Examine InJured mp_~:~ (d) 4834 Fees for Services ----------------7--·----4827 Imp.~tia~ Physician May be Appointed -------------3 436 Notif1cat1on by Doctor ---------------- ----------- •-- 4851 Prior Claims, Date of Filing ----------------------- 4334 (d) ::~~f~d st:ai.!'ur;i~~~-========================= 4341 15 20 10 i: ~;:.i:: t~s G~~~:r~n°~rI~~';;f'k1:~~e~~~\'l~;~_ 4321 (i) ~:Y~o:ari~:~ e~y s~lmJ~\~ ~ -=================::::::::: 10 30 21 30 11 LIA~~~ ; ;,:- Not Relieved - - - - ---- ---- - --------------- ,132 4 LIMITATION OF TIME TO MAKE CLAIMInjured E mployee Must File ------ -- ---- - -- - -------- 4326 MIN ORS AND INCOMPETENTSW~h~ll 11 Page 18 19 30 27 21 11 30 2~ 21 26 PREMIUM• 4331 Employer Shall be Required to Pay Premmm-----Service and Policing Charge -------------------- 4331 15 15 PUB~!~t 'in~~!Si;; State Fund ------------------------ 4338 25 RANCH EMPLOYEES_____________________ 4319 Excepted ---------------------RIGHTS AND REMEDIES. 4349 N?thing in Law Shall Limit Jl.igh~ of Action -------- 43 1i; r:,!tt ~~.i;~o.:;:: t~--~~~~~~~~~~o_n__ ::=========::::: 431_1 20 ,1 ,I b! SCHEDULE, MEDICAL AND HOSPITAL--4334 Shall be Fixed by State Treasurer ---- - ------------- 11 SHE:J~~te~R-~~!'._~~=--~1!~~!:_F:-:=-____________ Shall Serve N'otice of H euring ---------------------- m~ (d) 21 5 11 �INDEX-Continued Section STATE TREASURERMay Exnmine Books of Employers - - - - - - - - - - - 4344 Power of ---------------------------------- 4383 Shall Haye Right to Appeal ------------------ 4350 STOCK RAISINOExcepted ------------------------------------- 4319 SUBROGATIONEmployee Not Entitled to Compensation Where Legal Liability is Created in Some Other Person ________ 4323 TEMPORARY TOTAL DISABILITYIf Workman Die During Period of ----------- 4334 (2) Means an Injury ---------- - - - - - - - - - - - - - - - - 4334 (c) TESTIMONYPhysician Required to Testify _______________ 4341 TRANSFER AND ASSIGNMENT OF ACCOUNTSPayments Not to be Refunded _____________ 4348 Pag , 5 9 ~o 20 26 WIDOW- Alien ----------------------------------------------- 4121 Having Deserted Husband not Entitled to Compensation ---------------------------- - --- 4321 Must be Married at Time of Death ________ : _______ 4?.21 WORKMENAccident Report ---------------------------------·-- 4326 Definition ---------------------------------- 4321 Forfeiture by Injured Employee ------------------ ··- ··- 4335 If Workman Refuse to Submit to Examination ______ 4245 Payments Withheld ------------------------- 4835 Statement of Dependent Persons _ _ _ _ _______ 4346 COAL MINE CATASTROPHE INSURANCE ACT____ _ WYOMING PEACE OFFICER INDEMNITY FUND ___ ___ _ (k) (j) (j) 26 (i) 7 24 27 24 28 33 SG � 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 Workmen's Compensation Act of the State of Wyoming Chapter 258 Wyoming Compiled Statutes 1920 and Acts Relating Thereto Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1920 Subject The topic of the resource The 258 chapter of the Workmen's Compensation Act in Wyoming, 1920 Description An account of the resource A 9" x 6" booklet with black text and handwriting at the top of the page. A compilation of statutes and acts for the 258 chapter of the Workmen's Compensation Act in Wyoming. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource W. H. Edelman Identifier An unambiguous reference to the resource within a given context 1-0172 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.