https://haylibrary.cvlcollections.org/files/original/701f1607dac525bb2e6cc8e388c88853.pdf dc70efba6d6b6311dbbbb74480458dca PDF Text Text ' cYGhcr ·tho.1,1 ooath0i.'"'t1 r;yot::.ir.t.1..3 socl. mnoc io. i - rato &;1b.ouldt on 'wl"ittcn ;i:.o:~ico f~on t.uq Stata 'i:i'®Otll'ar', be ootmiut.1cully re.ta-eel 34t .n!>QVe tho st®durd -nto.tutoey rate, m~h iner~o- in ~ l D tQ ·c:a11-< tinue ur,1tU tho loan or lOOllO, u1th intor~ tllOi'OOJ¾ ru·o l'O!Xlid. 'C.ho too coot.ion A ;;-oosr.vo oxcc00:0 .~:20.!1,oao.o~, ihe ~ato ~rooo.urw ��.C:ot,:!12ato of R.xpm1ditur0E: 'for Goal Dnlyo 1:r.ith Hov_~nue romenis ;:::y-oming \'Jorkinan•s Compon~ation. (Da.rrnd oo. !'osulto for yoe1~s 1921 - 1922 "' l923P Kei.11Tiar-~\ company disuotor Aug. 14• 1923, e.tcluded) l ll,21 Dea.th Glai..w Porrm.r1e1"1-C l 1oi21 DiGa .:H;i:;y i) 59,959062 6 0 000000 l?Gi"illD.'10 Fi; f.l~-2; .ia1 T"-·1" ,,b -11·i -'· y 1 -ii -s;::~ Tenroox-.,,~rr ~- 10❖-~· 1~'.:-.y ... t..c.4 ..y v ~ .... ~u -:t ._._ .., - "' t.:edical cl Hoopitcl 1.-:.q.1~ 1ir.;oo (37.1,0 titi Admi!r1iSt E'tri1:lon ·:;2:y;0rr. o " 50a06 8o25 12 9 408065 70001!-S 43033 4,92906 8 39,94 C 49.406.95 32,, 46 40;39(,.0o 60,82,~10 8,338.77 58, O'l ( LJ3fa ) 14~41 "l •'1 , . 11 •,63 " ,27,(,71.0l 11,431.63 II - ··-·, -45 ti 37.96 6.326.48 - ~1~ 0177,698071 f!oto: Average 3 yeara. 1 \oo 43,588073 -1 Invcsti1;1.1tioac WitmsG .Fceu 1923 ...1 7r: ...,, ., '16 •"• \. (·204.433. 96 ~ .i-'\r.mm1i of ICcm1morcr d00..t· c.1..u mielv..docl from 1923 Gompu.·iation .. 0162.257 .26. Fi1W.1Itf.1_ Pi\ID 1921 1922 ~~· Average 3 years ?.276, 496 5,905,474 ...1J1iGJ.. 67i!, C 2 oCO 2 o00 _ 2o00 _-, 2. 00 ' 1 1._1;.;:r, ?92. oo r- 11,0, 94,8. 00 126,232.74 .867 ti .0173 117,036.23 .f}77 1.000 .0200 _lir.in,3,52. 00 - 152. 1,8. 3,. -13/1, 764.00 ( 131,809.u ,i .• .019; .0169 Note: Tho pay roll cost of , 2.00 per ton roprosonts the average of 4qt ot total tonnnge in 3 year poriod less 10 cants, a reduction of 10 centa per ton - assumed • f,nnual Fey Roll novanue ~oquirod !?or Cont of ;{ovonuo to Pny noll Stctutory cto no~ired (1.47~ -t-63.1%) ,._ Puy ~oll 0 1J,899,7u4e0 •1..-o.rn ., i ngs , "nsed on Annun l u in i-esorvos. poroditne;Go ·,i:lth ntmuul incroase ACTUAL . ·F·t (}r.ITIT TI AT;-: p-;:r. T':U J)J!rJUJ\L PR ~r '1! tr -s 0 at nrious statutory �~~~ ;:. ...: - ~'- r;.... .._,~ .-,. ,~ ' - .0 ' L '.l . .;_, .. :... ~Jl1 -= ~ ~ ... - : , -- .: ~ ·- •;.,,..- .t),-'-... , V .....·, t'..(••T- .,., ... '-- ---· 1...,_.,._._. r I•:'.,.___ ·~--..!--! . O. -_. ..,._. ~ ��U>.i'~h 'Q ~)~ v9,?t •l)~~ ,.';J.J;i, .2 ·J?~t',..,_L 7..iil:J _}, .t. ..'. ~, rui-.--,~=-~-~·H;~~·~ k't.1'!.~"~_i.{..'__-_ L, : wt.:L\i_·.. ~,•.• :/ . ::o l/01~<.111'-'"y ,.._\.i,~t:i.l Dl~L.:1U:~i 1~1 •'"•cr.'t ~; ·,1 orJt \.) ~ w otliO~ll Ci !.?;.1.; ;./t.:!J:.tl ~.;-.: .J'~r;r, .,,. : ..:vooWt;:.t v. ,,fiO \ i~ ..{.i uo / uoe :~et ·:i.ol.oti•,;·~1.l•b L.a __ , (;:,; OH •.1 <10.4~1.:i.Jv &1 ?Gu~i .,u,. ' • : · D ] t- t, o , oEil.().JO J;) . ~!!j l.~\ 1t>:i. lQJ; ~lj i. .. , ,,. 'I Jv . 4;i' 43 °33 ,, 4. ii 9; :ti O (~ : " ~J.q:JJ:a ..~ - - ~ -- - - ~ 45 •.::..:6. ~() 't} ~ 4}Yi .·-; l 5511 '):ill . I)(; G.t. ,4(')::'? . uCl j2.')2 ___,, V..0~&J..•;Jl J 11')1 tu$ . 9j . u.3. •?'I 40. _jl)o. Oi'J bU,U.:J •.;.O 2'/ J>'/l -tll ll,431, .6.3 3,.16 -~·Je.6.~(} .....,·11.1 IJ'.f. V f • 4·::3 ( ;!,-, .;J • ,'V ;:, JJ ~!ay l'Oll C ;J:Jt. of r:...} l .L i 1921 1922 l~J3 \ · ,::o ~~~o<.rU ,il:, ,1:J,! 2 ;J\): 0 LJ .d. ,97\101)•t l • OU . ~~~Yi! ..2§.1..11JJ.:1!l.1L s:_:. cj ;) .0173 .0195 .02qo_ 1.: .,.uo .-vi" ·,\in :a.•o.j~uo;,ibu ·ct.o ., ,,ol"..10, ,, i 40,~ u fl <;;Cliiul. ~llU• ~o iu 3 ~•pur ,o ri otl liJ co i.e.,. tl rod~tl • on o t lW. ;,'!) ~ bn ou. Li.OO,~·.. ~.i.1n~ ~-n;; ~v.lJ. / e;yc., ,~ :.iOi;Cjl!!' O(i . ·r iutr..x, o i novcuuo ·..,u •·u.1• :101..l. tit ~t. :'1..0f:iJ ~ln ito ~lOti;1.:b·vll \J.• (Yi~ • (,J . lt:) ) l ", , :.//). '4'ut:, •'-o ,:.o,~1A~.:A •GO i .4'1:~ 2o:J3/•~ l;.1ri~&.1go , fi lJ ( ,.~~ ,_~,~(.U."'J l •~ 1.09 -2.~ �... 1923 :Compr:nv Tho .. u·. P. Gocl. Oo o ~~ J'!!\~.,iQ_;~ .t. ---10 i. _..-,:~ 3~.· '.\11}3:.3 ~!o .. 2 - ,Qpol?in;{ l?o.n l l Z£:"'!lll "tO 27JS 1 .1.r; rn. ;l ::·o!im?ko ffr',.!JOQID rn, .... . ,. 0 10 ,, ·'l 1 i i - I '. I lt'Ul~ but -00!3, ....~•a;~{). 1JiJrl00 .. l F:ol:19.:.~cc. 4 1 1 l. l 1 l 1 10 l 4' l 263~5'n. Bo b 1G; 1 ?Sf •. 65 2.;3, 161,. eo 93,24-0.2$ 4•"/l·. 85 2 !. "i -~ 1 l l 1 l 1 1 l l 1 1 1 l 1 l 1 1 1 1 2 "'o. 1 .l. Roef Gtn.~111;:.;cr 0 1 1?!eh0..:·t1r l 0 :1.11icn • .7 3 ·1 lSv.r,m"':lc~ .fl B G Centrc.l CO{?.l G f;oke (kt . 1 1 Hn1-m:i D E 2 Cwbor-l f$Jf.l -0 1 VGtl.! Eo .. .Ludo.:?.ct ~:o. .. 2 l l l 1 ,... 1 'l 1~3,136.65 237,83,~-75 162.i:'.J66. ,5 2011c29$1.CO. 163,1G7 . 30 20:J.,.~2l ·. G5 - ,.... lGOol•~ -55 1 3".::., 9-•1 ,;"'O ) 219 ,5.:11 .• so 32-1.,· B0.45 2.0M .,'1)1/.,85 • , ,., :5 !~() Dv22:. 9 114,933.05 H ,: H ,i t: .1!', <? u !J ·U ,. ,, I Yei!:l 'I I l1 I Q ! (f ,., .i.C .. . 256,20~.oo 4 " 1 1 l t~·o. l l l 134 ..966.00 ..nID. ! t~ fl .. GG.:?J.l oit10·~ UO.t= I ,, urol VCJntilntion~ i·\ ?o-~1m.:;o froo f~w ninoo comhiraGld • Lionl:ol :..,:-ycoing Coe]. Co. Blairtovn 4 1 1 92.,631.09 2! lt. 't1.QCL: .Gl!.?is130 3 l l l0,665.03 ~ l 1) 'I l) - :L but_net clo.crnod 00 auseo10. n l) 1) C~~h (foal Co, Gurm-(;uooly Cool fJo . GUlm 9'.;oot~uto? PrGIDier coal Co. Gu;,::;-onor ~J l Ct.-peri<r Va0b2.4 X :t 67.5'17"15 2S',249.S m,. -i1 l J. 147.,001.2 <> 88,633.9 r:o. 21694 .. 2 25.~26.1 n n 62,256.9 1-;v. l 1 3 l l l l l 1 l l 18 Reck Sprin..,.J l?uol Co. l -I- ... E5i,uoa· c~n- ia:tn li·$tlo gw, ~0.6$6._04 I I Lien Oodl. co. ·___! I I -I J �&ww S~nn_10 Cont. ... '\. Q. : ,c ........,~/~;S,on ,~ ~ Coal Cc -. Bsur ru.v-os..~ eon!. r:o . e?e?- Coal a, 0 i 0 s :~ -~~'; ~ ~ : i ~ ~~. ~noc~nm :! l l 1:33 . 000 . on -· l,D . ".-\:a. 1 l 53l)398.;J 'ios . I..1i . :: t,~CI?: 3 .1 1 39~30.1 .00 Yoo .• .. ' l 5 6 f_ Slllc l l .,.'l d)1 11 2$0. y13 l 163,549. (} 1. l '/8, 863. Oa l 66.;~9. oo Yoa . 1. l r::o o 1 l l 1 l l 1 1 .J •')6 • 236 . • ·o o Yoo. l l 1 l l l 1. 1 1 l c;-r~io:-- ~:~~ ilO"<l. . 2.c::itwi.dm.l!o 0&!-oy Ole eoo W..r:o;J 2 4 6 s ·9 lO Home Fuel Co . ~ :;,..: '.::l.".o l ColODy Cocl. Oe . (fponi•1g Fr-!.n ~ii:1om1~.r··o r; ..l..!::J. 1 ,J:1imnoud c~a). & ;c,t0 ~C o - fJino Rock Springs 1 19~ho6o. oo. u. n ~1 1'34. J:;4. 00 l!· 211,,.sa.oo 1:u . n •1 p 7,2 48. 00 No. il.?..~.llil Ii I �7771/ff lo 6 •• <) '" lJ.;t . . :\. ~,- ,, I ,) • . • . /..). /l-,t- J, (.0 r(J- ~ • 1''ir·!L l'? f}( . 4-.... f' ;_ r.:1 l r 9CJt.; ''l , ~ ,I :, V,; • ( i 1 , ;, ' 1- f ~ ( :,_,,:_ , ( ., • • J, ' . l. ;_ 14;,ty•' l j:· ,·, ', !/: J~---'g {//2 t .) ~~t'\..<-... [.~ t.f ,. L{~?. r ij- · ._'>) 1 /!/ .v. ...,: . , 77~ !bJ /.1il 7 t,p.J-0 y -;:i tt-1. -~!' J p C ~! ~ t!; (~. I l~ !""' ,. .J J"U r O · } "'iJ o O , lj ' I t,) ·t.31 • I-., .•. -:· _j (10} I' l ,f l-L &-ft} ~. • · 1..-J I I 3 i_,;,l) t"'() /' • ' J'iJ j.R1.,. · fj I If, j ' l ►O . �i . 11 fl]e~ ~v S-D ·J cJ =. / C:,, f ~ /..r, 1 C'l J,u ~ ,. tf""u t ,~fJ77f D ---="? S-4- 3f , a~ :i.- n / e J :; r (r'~ r t:;;I) I I I ~ · I I \ �I I I I ' 1 J �.\ I Rock Spr i ngs , \'/yo mi ng , Augu s t 19 , 1925. To All Emolo_yee _s Sub.i cct to the Wo rkmens Compensa t i on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for . . . . ~ ' them all compensation rightfully due them under the Workmens Compensation Law. how~ver 1 the law is equally binding alike upon both the compa_n y _and its employees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure a~ any person whatsoever to comply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: ,.no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in •which case the period of limitation shall be nine ~onths. 'J 11 • • • All employees are requested t6. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General M:anager. H. J'. Harrington, Supervisor of Compensation. �Ro ck Sp r i ng s, Ylyo rping , Aug us t 19, 1925. 'I'o All Emp1o_yee _s Su"b.i ect to th e Wo r kmens ComJ)e nsa t i on Law : The Union Pacific Coal Company will at a ll times att _empt _ to safeguard the interests of its employees in securing for · . . . - them all compensation rightfully due them under the Workmens Comp _e nsa~ion Law, however 1 ~he law is equally binding alike upon both t~e company and its employees and the courts which a dminister same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whats oever to c omply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: "··•• ,no application shall be valid or claim for compensation enforceable and no order of award shall be maae ·unless an ipplication or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the -orescribed. -oeriocl for filing an employee's report of accident, in which case the period of limitation shall be nine months.~ • All employees are· requested t0. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J". Harrington, Supervisor of Compensation. �Rock Sp r i ng s, rryo1riing, Augu s t 19, 1925. To All Erri"plo_vees Suh.i cct to the i_li/'orkmens Compe nsa t i on Law: The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them uncler the Workmens Comp _e n~ation Law, _ however, the law is equally binding alike upo n both the company and its employees and the courts which administer same. To the end that no employee will be ae·pri ved of his rights by reason of the failure of any uersnn whatsoever to c omply- with the terms _ of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of t"he District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed perioo for filing a~ employee's report of accident, in •which case the .period of limitation shall be nine months. 'J 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General l\~anager. H. J. Harfingt·on, Supervisor of Compensation. �Rock S:pr_i ngs , \"lyo mi ng , Aug us t 1 9 , 1925. To All Em-plove es Sub.i ect to th e Wo rkmens Compensat i on Law: The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests .of its .employees in securing for them all compensation rightfully due them uncl.e r the Wo rkmen s Comp _e nsa~ion Law, however. the law is equally binding alike upo n both the compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his ri ghts by reason of the failure of any -oers0n whatsoever to c omply- with the I• terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of Wyoming, 1925, r _e lative t o claim for compensation: ,.,,.no application shall be valid or claim f or compensat'ion enforceable and. no order of award shall be m'ade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing ·an employee's report of ~ccident, in which case the period of limitation shall be -nine months.~ . 11 All employees are requested t6 see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager~ H. J", Harrington, Superv~sor of Compensation. \ II �Rock Spri ngs , Wyomi ng , Aug u s t 1 9 , 1925. ·'I To All Employees Sub.i c.ct to the Workmen s Compensation Law: The Union Pacific Coal Company will at all ti mes at~ ~_e_m pt _ to sa~eguard the int~ _rests _o f its _employees in sec:1ring ~or them all compensati~n rightfully due them under the Workmens Compen~a~ion Law. _ how~ver 1 the law is equally binding alike upon both t1?-e compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any pers0n whatsoever to comply with the terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensation enforceable and no order of award shall be rriade ·unless an application or claim is filed by the . injured workrr.an or someone on his behalf with the ClerR of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employeets report of accident is filed within . the ::prescribed :periocl for filing an employee's report of accident, in which case the period of limitation shall be nine months. 1J. All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Hariington, Supervisor of Compensation, J �Rock Spr i ngs, 1,"lyomi ug , Augus t 19, 1925. To All Emplo_vee _s Sub.i cct to the Workmens Compen~a t i on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them uncler the Workmens Compensation Law, however. the law is equally binding alike upon both • . • . . . . t~e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any -person whatsoever to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of \Vyoming, 1925, relative to claim for compensation: .,a.,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be m:ade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in •which case the period of limitation shall be nine months.'! 11 All employees are. requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harr"ingt·on, Supervisor of Compensation. I \ •. ) �Rock Springs, \7yomi ng 1 Augus t 19, 1925. To All Empl _o_yee _s Sub.i ect to the Workmens Compensation Law; The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for .. . . . them all compensation rightfully due them under the Workmens Compensation Law, . however, the law is equally binding alike upon both . . . . . .. the cornpa?y _and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure a~ any person whatsoever to comply with the terms. of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of \Vyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensat·ton enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the ClerR of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed period for filing an employee's report of accident, in •which case the period of limitation shall be nine months. 1~ All employees are requested t6 see- that their applica. tions are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation, I' �- - - - .-- Rock S:pr_ings, \7yomi ng , Augu r~t 19, 1925. I I To Al 7 Emp l oyees Sub.i cct to the irvo rkmens Compensa t i on Law: The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them under the Wo rkmens Compen~ation Law, _however, the law is equally binding alike upon both the compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to c omply- with the terms . of the Act, we qu~te from paragraph (6), Section 4326, Chayter 124, session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the -orescribed ueriocl for filing an employee's report of accident, in which case the ·period of limitation shall be nine months. 'J • 11 • • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. { J �Rock Springs, i7y oming , Aug us t 19·1 1925. 11I To All Employe e s Su'b.i ect to the Workmens Compensation Law: The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests of its employees in securing for them all compensati'?n rightfully due them under t h e Workmen s Com~ensation Law~ howeve!• the law is equally binding alike upo n both the compa_n y apd its emp~oyees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any ~erson whatsoever to c omply with the terms . of the Act, we quzyte from paragraph (6) 1 Section 4326, Chapter 124. Session Laws of Wyoming, 1925. relative to claim for compensation: no application shall be valid or claim for com~ensat'ion enforceable and no order of award shall be maae ·unless an application or claim is filed by the.injured workman or someone on his behalf with the Clerl< of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing an employee's report of accident, in which case the .period of limitation shall be nine months.'! 11 • • • • • All employees are requested to. see that their applica- tions are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General 1~anager. H.J. Harrington, Supervisor of Compensation, I r �Rock Sprin·g s , rlyomi ng , Aug u nt 19, 1925. To All Emplo.y:ees Suh.i cct to the V\Torkmens Compe nsa t i on Law: The Union Pacific Coal Company will at a ll ti me s attempt to safeguard the interests .of its .employees in securing for . . . them all compensation rightfully due them uncl.er t he Workmens Comp .e n~a~ion Law, hov,ever I the law is equally binding alike upo n both the compa.n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any pers0n whats oeYer to c omply. with the terms . of the Act, we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: '·' ..... no application shall be valid or claim for compensat'ion enforceable and no order of award shall be maae ·unless an· application or claim is filed by the . injured workman or someone on his behalf with the Clerk of tn·e District C.ourt in the county wherein · such accident occurred within six months after the day upon which the injury occurred, unless the employee's report of accident is filed within the prescribed. perioc:1 for filing an employee's report of accident, in which case the period of limitation shall be nine months.'! All employees are requested to. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. �Roc k Sp ri ngs , \7yo mi ng , Aug u s t 19 , 1925. To All Empl ov.e e s Sub.i cct to the Workmens Comp e nsat i on Law : The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its .employees in securing for . .. . . . • ~ them all compensation rightfully due them under t he Workmen s Comp _e n?ation Law, however. the law is equally binding alike up on both the company ana its emp~oyees and the court_s which ad minister same. To the end that no employee will be deprived of his rights by reason of the failure o~ any -person wha t s oever to c omply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim f or ccm~ensat'ion enforceable and no order of -award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the p rescribed 9erioo for filing an employee's report of accident, in •which case the period of limitation shall be nine months. 1J 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation, �Rock S:pr_i ng s, \7yoming , August 19, 1925. To All Empl o_yees Sub.i ect to the Workmens Compensa t ion Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests _o f its ~mpl _o yees in sec~ring ~or them all conipensati~n rightfully due them under the Workmens Compen~a~ion Law •. howeve_r • the law is equally binding alike upon both the compa_n y _and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any ~ersnn whatsoever to comply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be·valid or claim for compensat·ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of t ·h e District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed ~eriod for filing an employee's report of accident, in •which case the period of limitation shall be nine months.'! 11 •• & • • All employees are requested t6. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harr"ingt·on, supervisor of Compensation. �Rock Sp r i ng s, \7yo miug , Augu s t 19, 192 5. To All Emplo_y:ees S:-J-h.icct to the Workmens Compe nsa t i on Law: The Union Pacific Coal Company will a.t all times attempt to safeguard the interests of its employees in securing for - . . - them all compensation rightfully due them under the Workmens Com_pensation Law, however, the law is equally binding alike upo n both . . . . . . . . the company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure of any person whatsoever to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: 11 • • • • ,no application shall be valid or claim for corrrpensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in which case the period of limitation shall be nine mon~hs. 'J All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. { ] �Rock Springs, \7yo ming, Aug us t 19, 1925. To All E1E9l ov:ees Su"b.i ect to the '!vo rkmens Compensation Law: The Union Pacific Coal Company will at a ll times attempt to safeguard the interests .of its .employees in securing for . ~ them all compensation rightfully due them under the Wo rkmens Compensation Law, . however. the law is equally binding alike upon both . . . . ' . the company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any ~erson whatsoever to c omply with the terms . of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925. relative to claim for compensation: ,,.,,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed perioo for filing an employee's report of accident, in which case the period of limitation shall be nine months.'! 11 All employees are requested to. see that their applications· are filed as :per terms of the provision quoted. Geo. B, Pryde, • Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. �'j I Ro ck Springs, \7yoµiing, Augu s t 19, 1925. To All Empl o_yee _s Suh.i cct to the Workmens Compe nsa t i on Law: The Union Pacific Coal ~_ompany will at _all ti mes attempt to safeguard the interests .of its .employees in securing for . . . them all compensation rightfully due them under t h e Wo rkmens Compensation Law, . however. the law is equally binding alike upon both • .• . . ' t~e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure of, any -pers0n whatsoever to c omply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of \Vyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensat'ion enforceable and no order of award shall be niade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon which the injury occurred, unless the •empl.o yee' s report of accident is filed within the prescribed. period for filing an employee• s report of accident, in •which case the period of limitation shall be -nine months.~ All employees ·are requested t6_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. ! \ ·1 I I . r .. l ; I 'I I I I • �Rock S:p rings, rlyomi ng , Aug u ri t 19 , 1925. To All Emp l o_ye e s SUQ.i cct to the 1,vorkmens Comp ensat i on Law: The Union Pacific Coal Company will at a ll times attempt _ to safeguard the interests of its employees in securing for them all compensation rightfully due them under the Workmens Compensa~ion Law, however. the law is equally binding alike up on both t~e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any -person whatsoeYer to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workm~n or someone on his behalf with the Clerk of the District Court in th~ county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed perioo for filing an employee's report of accident, in •which case the .period of limitation shall be nine months.'~ 11 , • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation .. r 1 : I ) �Rock Spri ng s, \7yoming , Augu s t 19, 1925. To All Emplo_yees Sub.iect to the Workmens Co mpensati on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for them all compensation rightfully due them under the Workmens Comp _e nsation Law, ho\7ever 1 the law is equally binding alike up on both t1?-e company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to comply with the terms . of the Act, we qu~te from paragraph (6), Section 4326 1 Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for com~ensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury o·c curred, unless the employee's report of accident is filed within the prescribed perioo for filing an employee's report of accident, in which case the period of limitation shall be nine months. 1i 11 • • • • • All employeef:i are requested to. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. II rI i �Rock Spri ngs , rlyoI!li ng , Augu s t 19, 1925. To All Employees Sub.i cct to th e Workmens Compe nsa t i on Law: The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests .of its employees in securing for . . . them all compensati on rightfully due them under t he Workmen s Compensation Law, . however. the law is equally binding alike up on both . ,. . . . . . . the cornpa_n y _and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whats oever to c omply with the terms of the Act. we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for com- . pensation: ....... no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day up_on ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing an employee's report of accident, in which case the ·period of limitation shall be nine months.'! All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J, Harrington, Supervisor of Compensation. �Rock Springs, rlyorrii ng , Augu s t 19, 1925. To All Emol oY-ees Sut"l.i ect to the vVorkrriens Compensation Law; The Union Pacific Coal Company will at all times attem;i;>t _ to safeguard the interests _o f its _empl _o yees in sec~r~ng ~or them all compensation rightfully due them under the Workmens Com:pen~a~ion Law, _howeve_r . ~he law is equa~ly binding alike upo n both the company and its emp~oyees and the court _s which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoe,rer to comply- with the terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for compensat'ion enforceable and no order of award shall be rriade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein·such accident occurred within six months after the day upon ·which the injury o·c curred, unless the em9loyee 1 s report of accident is filed within the :9rescribed period for filing an employee• s report of accident, in which case the period of limitation shall be nine months. •i 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. �Roc k Sp ri ngs , Tly omi ng , Aug u r, t 19 , 1925. To All Emp1 o_y :ees Sub.i cct to the 'l:Vorkmens Compensa t i on Law : The Union Pacific Coal Company will at all ti mes attempt to safeguard the ·interests .of its .employees in securing for . them all compensation rightfully due them uncl.er t he Workmen s Compensation Law, . hov,ever, the law is equally binding alike up on both • . . . . . . the compa_n y and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any pers on whatsoever to c o_m ply- with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for com"1 \ pensation: I I no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made unless an application or claim is filed by the . injured workrnan or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the ems>loyee' s report of accident is filed within the prescribed periocl for filing an employee's report of accident, in which case the period of limitation shall be nine months.•~ 11 , • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. I I ! I .1 �Rock Springs, \'Iyo.ming , Aug u nt 19, 1925. i \ \, I I To A11 Emp1o_V:ees Su1'.i ect to the Workmens Compensa t i on Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for . . ~ them all compensation rightfully due them uncl.er the Workmens Compensation Law, how~ver, the law is equally binding alike upon both the company and its employees and the courts which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to comply with the terms _of the Act, we qu~te from paragraph (6), Section 4326 1 Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim for comyensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed periocl for filing an employee's report of accident, in which case the period of limitation shall be nine months. •i 11 • • • • • All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde 1 Vice President & General Jlanager. H. J, Harrington, Supervisor of Compensation. .] �I l Roc k Sp ri ngs, \7yo mi ng , Aug us t 19, 1925. To All Emplo_7 tees Su0.i ect to the Workmens Comr.i ensation Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for . . . them all compensation rightfully due them under the Workmens Compensation Law, ho\Y~ver, the law is equally binding alike upon both the company and its employees and the courts which administer same. . . . To the end that no employee will be deprived of his rights by reason of the failure of any person whatsoever to comply- with the terms _of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, re°lative to claim for compensation: no application shall be valid or claim for compensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :periocl for filing an employee 1· s report of accident, in which case the period of limitation shall be nine months. 1~ 11 • • • • • All employees are requested t6_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H._ J. Harringt·on, Supervisor of Compensation, �---- - .... ___,_._ ----- ------- ------ -- \ Rock Springs , 1"Tyomi ng , Aug u s t 19 , 1925. To Al 1 E mp 7 o\!:ees Suh.i cct to the Wo rl<:m ens Compensa t i on LaVl.r : The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for . - them all compe_nsation rightfully due them under t he Yvo rkmen s Comp _e n~ation .Law, _ however 1 the law is equally binding alike upo n both the cornpa_n y and its emp~oyees and the court_s which administer same. To the .end that no employee will be deprived of his rights by reason of the failure o~ any -pers0n whatsoever to c omply- with the terms of the Act. we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: ....... no application shall be valid or claim for compensation enforceable and no order of award shall be maa.e ·un- _ less an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein · such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report. of accident is filed within the prescribed periocl for filing an employee's report of accident, in •which case the ·period of limitation shall be nine months.'! All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H.J. Harrington, Supervisor of Compensation. I I- �Rock Spr i ng s , \7yomi ng , Aug us t 19, 1925. To All Employees Su'b.i cct to the Workmens Compensa t i on Law: '.]?he Uni _on Pacific Coal Company will · at all times attempt to safeguard the interests of its employees in securing for . - them all conipensati'?n rightfully due them under the Workmens Com:p_e n~ation Law, _ however I the law is equally binding alike upon both the company and its employees and the courts which administer same . To the end that no employee will be deprived of his rights by reason of the failure o~ any pers on wha t s oever to comply with the terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124 ·, Session Laws of Wyoming, 1925, relative to claim for compensation: no application shall be valid or claim fo ·r c omp ensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the p rescribed :9erioc1 for filing an employee's report of accident, in •which case the period of limitation shall be nine months.~ 11 • • • • • All employees are requested to_ see that their applications are filed as per terms of the provision quoted. Geo . B. Pryde, Vice President & General Manager. H. J". Harrington, Supervisor of Compensation. �Rock Sp r ~ng s, \7yo mi ng , Aug us t 19, 1925. To All Emplo_yees Sub.i ec~ to the Vvorkmens Compensation Law: The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees in securing for . . .. them all compensation rightfully due them under the Workmens Compen~ation Law, _how~ver, the law is equally binding alike upon both the compa_n y and its emp~oyees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure of any person whatsoever to comply with the terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, se·ssion Laws of Wyoming, 1925, relative to claim for compensation: ,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerlc of the District Court in the county wherein · such accident occurred within six months after the day upon which the injury occurred, unless the employee's report of accident is filed within the prescribed period for filing an employee's report of accident, in -which case the period of limitation shall be nine months.•~ 11, • • • All employees are requested t6 see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. �Rock Spri ngs, \'lyoming, Au~ust 19 1 1925. To All Emplo_yees Sub.i ect to the Workmens Compensation Law; The Union Pacific Coal Company will at all times attempt to sa,~eguard the interests _o f its ~mpl _o yees in securing for them all compensati?n rightfully due them under the Workmens Com~ensa~ion Law, _how~ve!, ~he law is equa~ly binding alike upon both the compa_n y and its_ employees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure of any uersnn whatsoever to comply- with the terms . of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: " ....• no application shall be valid or claim for compensat'ion enforceable and no order of award shall be maae ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed :9eriocl for filing an employee's report of accident, in •which case the. period of limitation shall be nine months. 1: ) All employees are requested to. see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harrington, Supervisor of Compensation. j �Rock Spri ngs, Ylyoming , ! ! i AUBUSt I 19, 1925. I To All Empl ov.ees Sub.i cct to the Workmens Compensation Law: will at all times atThe Union Pacific Coal Company -. . tempt to safeguard the interests of its employees in securing for t~em all compensation rightfully due them under the Workmens Compensation Law, however the law is equally binding alike upon both 1 . . . . . . . the company _and its employees and the court_s which administer same. To the end that no employee will be deprived of his rights by reason of the failure o~ any person whatsoever to comply. with the terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation: 11 ••••• no application shall be valid or claim for compensat'ion enforcea.ble and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District Court in the county wherein such accident occurred within six months after the day upon ·which the injury occurred, unless the employee's report of accident is filed within the prescribed. perioc:I for filing an employee's report of accident, in which case the period of limitation shall be nine months.'J All employees are requested to see that their applications are filed as per terms of the provision quoted. Geo. B. Pryde, Vice President & General Manager. H. J. Harr'ington, Supervisor of Compensation. .I I .r �New Mexico Workmen's Compensation Law Effective June 1 4 . 1917 \ Ve issue policies covering r ~~;rr • Automobiles Liability Property Damage Collision 1 Workmen's Compensation Steam Boiler Residence Burgbuy and Theft Accident and Illness Plate Glass Bonds Dentists' Druggists' Physicians' Elevator { Liability Defon,e General Liability Industrial Teams Workmen's CompcnsaUon Effcctln In State of New Mexico, June 14, 1917 ::...__ __ _ _ __ _ _ _ _ _ __ _ __ _ _ _ _ _ i~ �) Are You Protected Where all claims are settled promptly and fairly, .., representing only standard companies: b:v our Workmen's Compensation P olicy that relieves you of all liability••· trouble, annoyance, doctors', hospital and medical bills, as required by the Jaw, or will you take a chance -deprived of fellow-servants, assumption of risk and contributory negligence defenses. When one accident might Bankrupt you, or seriously impair your Credit, "Better Be Safe Tban Sorry" B ritish and Fede1·ul Fhe Unde1rwritt'I·~ o f the Nm··wich Union The Frnnhf ort Ge.u11erul The Georgia C:11suulty The L ondon Guarantee and A c cident Ilnrtfo1·d Steam Boile1· and Inspection Co . All now licensed doing business and maintaining an office in the State, for tJle convenience of its policyholders. "POLICIE S ISSUED WHILE YOU WAIT" Service and adjustments covering a period of seventeen years in New Mexico. Read the law and see what you are against, then phone or write for information and rates to. Resident References Furn~ahed on Reque ■ t CHARLES D. BROOKS UNDERWRITING COMPANY CHARLES D. BROOKS UNDERWRITING COM PANY Jacobson Buildiug, Denver, Colo. or Albuquerque, N. M. .Jaoob11on Building. Denver. Colo. or ·A lbuquerque. N. M. · - - - ~ ~..,--- - -~ - -__.;1/ ;I �~t\..utoinobile Policy Our Auto Liability, Collision and Property Damage covers every member of the family over 16 years, old, without additional cost, while driving the car. P UBLIC LIABILITY-Co,·ers you for damage imposed by law, Oil account of personal injuries 10 other perrnns hy r<!aso n of the use, maintenance or operation of your auto mo bile $5,000 oil any one person or $10,000 on any one accident im·olving two or more persons. PROPERTY DAMAGE-Covers amounts not to cxce~ d $1,000, which you may become liable to pay for d:1111:1 >e to other automobiles, vehicles or property. COLLISION DAMAGB-Covers damage to rour automobile or its equipment, caused by collision with anr stati onary or moving object. Covers up to the full value of the car and equipment (including tire~, if damage amount s to S200). Minimum loss requirement $25.00, which may be eli minated from the policy upon payment of an additional premium of $25.00. FIRE-Against direct loss or damage to the automobile. caused by fi1e arising from any cause whntsoever (other than war, riot , invasion or insurrection). THEFT- Against loss or damage by theft, robhl'ry, or pilferage by any pen;on or persons other than those in the employment, service or household of the insured. No minimum loss requirements. SBRVIGB. lnvtstigation and Dt{tnse- Upon ·receipt of notice of :m accident, the Companr makes a thorough investigation, and in case of probable liability endeavors to make a settlement, at its own expen.•e, without litigation. In the event a suit for damages should follow, the Company defends the action, defrays all court costs and expenses, thus relieving the assured from the annoyance and anxiety involved in such claims and suits. RA.TBS ON REQUEST Charles D. Brooks Underwriting Co . .Jacob■ on Bldll., D■ a'l'er, Colo., or Albuquerque, N. M. �( \ EMPLO, !(.~, ESTABLISHED 1887 LIAOII.ITY Puouc f/.::TIIUTY AUTOMOUILE CHARLE·s D. BROOKS UNDERW"RITING CO. ELEV ATOil lll SKS TEA>! RI SKS B UIICLARY ll'\DUSTHI Al, Pll\'SIC IANS D ENTIS TS P l.ATE GLA SS A CC ID ENT Tl EA LTll INSURANCE AND ADJUSTING Suite -11 8 ,Jacobson llldrl. Dcn,•er, Colo. .A .lb,u1ucrt1110. N . r+I . Compensation ID § 1lD. 11.° 21 IDl. CC e Effective June 14, 1917 <;:overing all extra hazards, employing four or more. Can you afford to be without protection, deprived of assumption of risk, contributory negligence and fellow-servant defenses; or can you afford to assume a liability of sixty (60) per cent of the average weekly earnings of any employee, regardless of the nature a~d extent of the injury, (wilful or self-inflicted injury, or intoxication, not covered) for a period of 520 weeks? The weekly payments may cover a period of Ten years; for permanent total disability for life, and in addition hospital, surgical and medicine). Maximum death benefit $5,400.00. I will be prepared to quote rates, covering every occupation and issue binders, covering your employees, until a representative from this Agency can call on you, thus relieving you of all iiability, both as to Compensation and Common Law, if Compensation is held 'unconstitutional. • All losses are paid immediately from this Agency. CHARLES D. BROOKS, UNDERWRITING CO. Suite 418 Jacobson Building, Denver, Colorado. Albuquerque, New M~xico. II I ,1 �SYNOPSI§ New Mexico's Wor~en's Compensation Law Effective June 14, 191 7 EMPLOYMENTS COVERED. This law applies to all extra-haza1:dous employments in the ordinary course of th e trade>, business or occupation of the employer, of four or more, as follows: (a) "Factories" means any premises wherein p.o wer is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovating any article, including expressly any brick yard, meat-packing house, foundry, smelter, ore reduction works, lime-burning pla::it, stucco plant, steam heating plant, electric lighting or power plant, including all work in or directly connected with the constructions, installation , operation, alteration, removal or repair of wires, cables, switch-boards or apparatu s used for the transmission of electric curre::it, and water power plant, including tow er s and &tandpipes, power plant, blast furnace, paper mill, printing plant , flour mill, glass factory, cement plant, artificial gas plaµt, mii,chine. or machine repajr shop, salt plan t , oil refinery plant, chemical manufacturing plant, coke ovens and coal washeries. (b) ''\\'orkshop!' means any yard, plant, premises, -room or place where powerdriven machinery is employed and manual labor is exerqised incidental to the. process of making, ~itering, repairing, printing, or oruame::iting, finishing or .adapting for . sale or otherwise, any ·article or part of articie, over which · premises, room or 'p lace · the· employer of the 1:erson. working tberein has, the rig·ht to atce;,s or· control. (c) "Mi11" means any plant, premises, room· ' or place where ri1achjnery is used, any process of machi:lery, changing altering, or repairing any article or commodity· for sale or otherwise, together with · the yards and premi~es which are part of the plant, :nrluding elevators, warehou_s es and bunkei;s, sawmill,_sash {actory or other work in the lumber industry. (d) "l\Iine" means any o.11ening in the earth for the purpose of extracting iron, oil, coal or •other minerals, and all underground workings, slopes, drifts, shafts, galleries, wells and tu:mels, and other ways, cuts ·and openings connected therewith, including those ir,. the course of being-opened . sunk · or driven, and includ~s all tl1e appurtenant · Etructures or machinery at. or about the. openings of ,the mine, and . any adjoining_ or adjacent work pla~e where the mate.ri~l. [rom a mi]le is prepared for use or shipment, including tramways, tracks, haulag~ways, loading bins and tipples. • • (el "Quarry" means any place, not a mine, where stone , slate, clay, snt~d. :~tavel or other solid material is extracted from the earth. (fJ Reference to any "building work" shall be understood to include any worl{ in thP. erectio:1, construction, extension, decoratioh, alteration reuair or ,1emolition of anr i.Juilding or structural appurtenances, except residencP,., anci dructures being 1,uilt for the private use of the owner of farms, ranches or residence lots a·nd not under 0 C 0l1ll'UCt. lgJ "Engi:ieering work" means any work in the construction, alteration, extension, repair or demolitio~1 of a brldge, jetty, dike, dam, reservoir: underground conduit, sewer, oil or gas well, oil tank. gas tank, water tank or tower, any caisson work or work in artificially compressed air, any work iii · dredg'in'~. work 011 log or lumber raft bo_oms;_J?ile-~riving, 1_n o.vi11g _safes.' ·or in_la~!ng, _repair!ng: or _removlng·underg-r ~und :P;P~: a_nd _conn_e c~10ns, th e erec_t10n, _m stall~n~. repairing, or remoying unde_rground pipes a:.id. connections, the erections, mstallmg, re pairing . or removinoof boi·lers ·fu •• • d . • • • '·0 rnaces, , • cl• •: e_ngmes an_ pow e r machm ery (including belting and other connection) · ra r t' . an any work m ·g c mg or ~xcava m g wh ere shoring is necessary 1n· power , machinery or· bla r · . powder, dynamite or othe r high explosives are in use. • • s mg _ (h) '·Emplo yer " in clud es a ny pe rson, · 6r body or .·persons, corporate or incorporate and· the lega l r ep r esenta ti ves ·or a deceased emp'!o yer or the r e·ceiver ·or.. trustee of ; person, co r1~ora tion , a ssoc iat ion or partnership e:1gaged in or carrying on for lh·e p·u r> 11ose of_ busm ess, trade or gai n a ny of th e occup ati ons ·or ptirs uits to which lhis act .: is appli ca ble. (i) " \iVork ma n" m a ns any pe rson . who has e nte r ed in to the e mployment of or works _u nde r co:itract of ser vice or ap prentices hip with an e mployer, e·x cept a· pe.rson whose em ployme nt is purely casiia l and not for the purpose of the· employer's trade · or busin ess. T he t erm "workman" shall includ e "em plo~·e" • ai1c1 sl;all include the singula r ·a11d plura l of both sexes. �INJURIES COVERED. Compensation is payable for every injury caused by accident arising out of a:id in the course of employment, with fixed maximum and minimum limitations and for varying periods of time, depending upon the nature a:id the extent of the disability and is payable generally on a fifty per cent basis, for death as high as a sixty per cent basis, including $50.00 funeral expense. POLICY PROVISIONS. Every policy must provide that the insurer shall be directl y liable to the employee, that notice to the i::isured shall be notice to the insurer, that th e in olvency of th e insured shall not relieve the insurer. SYSTEMS PROVIDED. By carrying a Workmen's Compensation policy with a company autho rized by the State Insurance Department to issue such contracts or by -filing in the District Court in the judicial district in which the operatio:is are carri ed on, satis[actory evidence of the ability of the employer to pay such compensation , guaran teed by a bond iss ued by an authorized company, or a bond signed by two resid ent taxpay ers of t he State and the approval of the Judge. SUITS FOR DAMAGES. Any employer who has elected to come under the law, although not e ngaged in extra hazardous occupatio::i, shall be entitled to all the defenses . If engaged in extra hazardous occupation and has not complied with the Compensation requirements the assumption of risk, contributory negligence and fellow-servant defenses are abrogated. compensation payments being the exclusive remedy. LOSS OF TIME. Indemnity for loss of time under Compe:isation begins on the twenty-second day and in no event is payment made for the first three weeks. However. medicine, medical surgical and hospital expense furnished by employer. DEATH BENEFITS. Death benefits shall be paid In monthly installments corresponding in amou:it to as much as sixty per cent of the average weekly earnings of the employee for a period of 300 weeks, not exceeding $5,400.00. PERMANENT TOTAL DISABILITY. In cases of permanent total disability the award shall be fifty per cent of the average weeldy wages, not exceeding $10 per week, and shall continue until the death of such persons so totally disabled, not exceeding_a period of 520 weeks. The loss of both hands, or . both arms, or both feet, or both legs, or both eyes or any two thereof, shall prima facie constitute total and permanent disability, to be compensated according to the provisions of the law. TOTAL DISABILITY. When disability is temporary, but total, compensation Is fifty per cent of the average weekly earnings during the period of such disability, not to exceed a maximum of . $10.00 per week and not less than $5.00 per week, unless the employee's wages shall be less than $5.00 per week, in which event he shall receive compensation equal to his a,·erage weekly wages. �I S 11 I ' ,,/ / / COMPENSATIO·N LAW OF THE STAl'E OF WYOMING OHAPTE;R. 124. Session Lnws 1015. THE WORKMEN'S COMPENSATION LAW. AN ACT providing compensution for injuries or death resulting from •injudes, of workmen from accident occurring in extra-huznrdous 'employments; defining extra-huzanlous employments and •providing for the accumulation, maintenance und administration of funds 0 in the State Treasury for the payment. of such compensation . and ·repealing Sections 3526, 4291 and 4292 of Wyoming Compiled Statutes, 1910, and nil other ·laws or parts of lnws relating· to duwuges for injuries or death from injuries, or in anywise in conflict with this .A.ct, in so far ns they ure npplicnble to extra-hazardous employments. Be It Enacted by the Legislature of the State of Wyoming: Section 1. This Act shall be known as the "Workmen's Compensation Law." General Provisions. Sec. 2. Compensation herein provided for shall be payable to persons injured in extra-hazardous empfoyment, as herein defined, or the dependent families of such, as die, as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Said compensation shall be payable from funds in the State Treasury to be . accumulated and maintained in the manner herein provided. The right of each employee to compensation from such funds -shall be in lieu of and shall take the place of any and all rights of action against any employer contributing, as required by law to such fund in favor of any such person or persons by reason of any such injury or death. Sections 3526, 4291 and 4292 and all other laws or parts of laws relating to damages �COMPENSATION LAW 2 fo_r injt:ries or death from injuries or in anywise in confl1 ct with this Act :a.re hereby repealed, as to t he employmen ts employers and employees coming within the terms of this Adt. Provisions Exclusive, Compulsory and Obligatory. Sec. 3. The rights and remedies provided in this Act for an emp;oyee on account_ of an injury shall be exclusive of a ll other rights ·and_ remedies of such employee, his personal or lPgal representatives or dependent family a t common law or otherwise_ o_n account _of such injury; .and the terms, conditions and provISions of this Act for the payment of compensation ~nd the amo~t _th~reof for injuries sustained or death r esultmg from such IDJuries shall be exclusive, compulsory and oblig ato11'.' ~pon bot~ employers and employ ees coming within th e prov1S1ons hereof. • Extra-hazardous Occupations. S~. 4. The extra~ha.zardous occupations to which this Act . 1s applicable are as follows: factories, garages, mills, printing plants and works_hops ~here machinery is --u sed; foundri es. blast furnaces; mIDes, 011 wells, oil refineries; gas works; na~ tural gas plants; water wor~s; - reduction . works; breweri es ; cleva~o~ ;- dredges; excavations; transfer companies, general t£-ammg; sm~lters; powder works; laundries operated by ower i, quarries; enipneering ·_works; logging; lumber ya i'-'µ s; umberIDg and saw mill operations; street and interurban railroads not eng8:ged in interstate commerce; buildings being con~ructed, r~paired, moved or demolished; painting and paintmg operations; telephone, telegraph electric light or power pl~nts or_ lln:es; steam heating or po~er plants; railroa ds · not cn.,aged m inter~tate comn;ierce; bridge building and all employments _wherei!l a process requiring the use of any dangerous dexplosive or mflammable materials is carried on which is eo: :cted for the purpose of business, trade or gai~ each of w emp_loyments is hereby determined to be extra-h'azardous ~ w:ich from the_nature,_ conditions or means of prosecuthon t e work therem reqmres risks to t'he life .and limb of st:n::rikmen en~aged ther~in are inherent, necessary or subwher Y ~~voidable. This Act shall not apply in any case righ/ th t~ury occurred before this Act takes effect and . all to th~ ~ 1 have accrued_ by reason of any such injury prior llow ·sr mg effect of this Act shall be saved the remedies h ~XI mg therefor. This Act shall apply to the employers tfaw om workmen have been employed continuously for more set J°~hm~:ti at the time of the iaccident. [Amended by 19l!l.]' • , • L. 1917; amended by Sec. 1, Ch. 117, S. L f t· :f ° ? STATE OF v\TYOJ\IING 3 Exceptions. Sec. 5. This Act shall not be c·onstruecl to apply to business or employments, which accru·ding t o la.w are. so engaged iu inter state commer ce, as to be n ot subject to t he legislative power of the State nor to persons inj nred while they are so E:ngaged . Definitions. Sec. 6. In this Act unless th e context otherwise r equires : ( a ) " Factories" mean any premises wherein power is used in manufacturing, making, alter ing, aclapting, orn amenting, fi 11ishing, r epairing or r enovating any article for the purpose of trad e or gain or the business carri_ed on therein , including expr essly .any brick yard, meat-packi11g 11ouse, fo undry, smelter oi·e reduction ,rnrks, lime-burning plant, stucco plant, steam heating plant, electr ic lighting or power plant, including all work in or . directly connected with the construction, installation, operation, alteration, r emoval or repair of wires, cables, swi tch- boards or ap,paratus nsecl for th e transmission of electric current, and water power plaut, including towers and: stand r ipes, power plant, blast furnace, pa.per mill, pi·inting plant, flom· mill, glass factory, cement plant, art ificial. gas plant, machine or r epair shop, salt plant, oil r efinery plant and chemical manufacturing plant. (b) " '\Vork shop" means any yar d/ plant, premises, room c,r place where power driven machill"ery is employed and· manu al labor is exer cised by way of ti-ade or gain or otherwise in cidental to tli-e process of makin g, altering, r epafring, printing or ornamenting, finisiJ1ing or adapting for sale or otherwise any 2rticle or pa.rt of article, over whi ch premises, room or place the employer of the person working ther ein has the right of access or control. . ( c) " l\Iill " means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for sale or otherwise together with the yards .and premises, _which are part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry. ( cl) ' ' l\fine" means any opening in the earth for the pur- pose of extracting iron, oil, coal or other minerals and' all un- aerground workings, slopes, drifts, shafts, galleries; wells and_ tunnels, and other ways, cuts and openings connected therewitl1, including those in t_he course of being ope¥ed, sunk or driven, and includes all the appurtenant structures ·or macbinery at or about the openings of the min, and any adjoining adjacent work place where t he material from a mine is prepared for use or shipment. - �_ J __ 4 COl\IPENSATION LAW (e) "Quarry" means any plac~, not a :ni1:e, wher e ston e, slate, clay, sand, gravel or other sohd• material 1s dug or ot herwise extracted from the earth for the purpose of trade or bar gain or of the employer's trade or business. (f) "Building work" ~eans any "'.ork in tl~e er ection, construction, extension, decorat10n, alteration, r epair or d emolit ion of any building or structural appurt enances. (g) "Engineering work" means any work in the constr uc tion 1 alteration extension, repair or demolition of a r ailway tas hereinbefo;e defined), bridge, j etty, dike, dam, r eservoir, underground conduit, sewer, oil or gas well, oil t ank, gas tank , ·water tank or tower, any caisson 1Yorl!,'. or work in artificially compressed· air, any work in dredging, work on log or lumbe r rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes an d connections, the erection, installing, repairing, or removing o.f boilers, furnaces, engines and power machinery (including belting and other connections) and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high ·explosives is in use lexcluding mining and quarrying). (h) "Employer" includes any person, or body of p ersons corporate or incorporate, and the legal representatives of a d·eeeased employer or the receiver or trustee of a person corporation, association or partnership. ' (i) "Workman" means any person, who has entered into the employment of or works under ·contract of service or apprent~ceship with an employer, except a person W'h-ose employment IS pur~ly casual and not for the purpose of the employer's ~rade or busmess or those engaged in clerical work, and not subJec~ ~o the hazards of the business or one holdinu an official po51 hon. The term "workmen" sh~ll include "employee" and !he term "employee" shall include "workmen" and each shall mclude the singular and plwal of both sexes. Any reftrence to a wor~man, who has been injm·ed shall, where the workman is ~'ead, mclude a reference to his "dependent family" as heremafter defined, or to his legal representative or where the workman 18 • • · fri a mmor or mcompetent to his guardian or next en~. ~Amended by Sec. 2, Ch. 117, S. L. 1919.] (J) 'Dependent families" as used in this Act means such :ee~bers of the 'Workman's family, as were wh:olly or in part in .P ndent upon t_he workman for support at the time of the and shall mclude widow or husband as the case may beJury children, or 1"f no widow • ' . ' and of parents th • • ' husband or child'l'en' the hi f e. InJured workman, if actually dependent upon or ~upport at the time of the injury• if it be shown that thm e SllrVIvmg sP0 use WI"Ifully deserted deceased ' without fault . I STATE OF WYOMING 5 upon the part of th e deceased, such surviving spouse will not . be r egarded, as a dependent in any d>egree. No surviving . spouse shall be entitled t o the benefits of this Act , unless she shall have been married to the deceased at filre time of the injury. . (k ) "Child or childr en" means such that are under SIXt een (16) years of age (and over said age, if physically or mentally incapacitated from earnin g) and shall also include legitimate children of th e injur ed• w01:kman bor~ after his deabh from injlll'y. In other cases quest10ns of family diependency in wh ole or in part sh,all be determined: in accordance with the fact, as the case may be at the time of the injury; the foregoing defu1ition of "dependent f~mili es ': ~hall no t includ~ a1;1y of the persons named, who are aliens r e~1dmg beyond the ~u~·1sdiction of the United iBtates of Amenca, except a sur v1vmg widow or children under sixteen (16) years of age and as to such n~n-r esident aliens the rate of compensation shall not exceed thirty-three and one-thil-d per cent (33¼ %) of the r ates of compensation herein provided. [Amended by Sec. 2, Ch. 69, S. L. 1917.] (1) The words "inju ri es sustained _in extra-hazardous ~mployment, " as used in this A.ct shall m clude death r es~ltmg from injury, and injuries to employees, as .a resul~ of then· ~ ployment and while at work in or ab out _tI1;e ~rell1.lses o?cupied, used or controlled by t he employer, and•mJuries occl1;1'rmg _elsewhere while at work in places wher e tilreir employer s busmess requires their presence and subjects them t_o extra-.h~za~·dous duties incident to the business, but shall not mclude mJm-ies _of the employees occm·ring while on his way to _assume the ~uties of ·his employment or after leaving such duties,. the proxunate cause of which injury is not the employer 's negligence. (m) The words " injury and personal inju~y" shall n~t include injury caused by the wilful act of a third person directed against an employee for reasons perso_nal to such employee, or •because of his employ:n~nt ; ~or a d1s~ase, except, as it shall directly result from an lllJury mcurred m the employment. (n) "Invalid" means one who is physically or mentally incapacitated from earning wages. Guardian May Act. Sec. 7. In case an injured workman is mentally incompetent or a minor, or _where death ~esults from the injury, _in case :any of his dependents, as herem de.fined_ be menta!lf mcompetenrt or a minor, at the time when any righ~ or _Priv1lege accrues to him und>er this Act, his guardian may, m h~s ~>eh~lf, claim and exercise such right or privilege and no hmitation �6 COMPENSATION LAW of time, in this Act provided for, shall run, so long as such incompetent or minor has no guardian. If Other Thrul Employer Is Liable. Sec. 8. 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, and no legal liability attaching to the employer, then and in such case such employee sh all be left to his remedy at law against such other person, and compensation shall not be payable under this Act. This Act Governs. Sec. 9. No contract, rule, regulation or device whatsoever shall _op~r_ate to relieve the_ employer, in whole or in part, from any liability created by this Act except a,s herein provided. Blank Forms Supplied by the State Treasurer. Sec. 10. It sha~ be the duty of ~he State Treasurer to prepare, cause to be prmted and supplied free for use in the .adruinistration of this law such blank forms as may be needed by employers for reporting and certifying pay-rolls of persons employed by them in extra-hazardous, employments and for reporting injuries; and forms for use of injured persons in making claims for compensation; also to provide himself with such oth<:f books, record1s or forms as may be deemed necessary to expedite the transaction of business under the provisions of this Act. Employer's Report of Accident. Sec. 11. Whenever an accident occurs causing mJury to any workman engaged in any of th:e extra-hazardous employm~n~s defined by this Act, it shall be the duty of the employer w1.thin ~O _days thereafter to make a report of such accident and the mJury resulting therefrom and to file said report in the office of ~he 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 ~nd n_ature of the accident and injury; also whether the 'injury ~s dis~bled the workman from continuinothe performance of 0 his duties. (2) ·whether the accident occurred w1iile the workman was ena0 age d m • h and grew out of th e employment.t e duties of his emplovment • ' 3 1 (th) The nature of the employment and duties and how c:ngl e workman had been eno-aged in the service of such 0 emp o~rer. STATE OF 1?{YOMING 7 ( 4) 'Wh eth er th e .accident was or was not due solely to .the culpable n egli gence of t he inj ured employee and if so a statement o.£ t he fa cts. ' (5) ·wheth er th e inj ured workman is married or single; if mal'l'i ed, whether he has a dependent family, and if so, the n ames of the persons comprising such dependent family and th eir place of r esidence. (6) ,V,Ji ether the in jured workman claims compensation under this Act, and whether his right t_o compensation or the 2mount of compensation is disputed by his employer. 1Said•r epor t may be made up on a printed for'm prepared by the Stat e 1'r easurer for such purposes, and shall be verified as pleadings in civil actions. Failure or neglect on the part of any employer wh ose business or_occupation is one enumerated and defin ed her ein, as bein g extr a-hazar dous, to r eport accident s causing inj ury to any of his cmployes, s~1:al1 be a misdemeanor and upon con viction su ch employer shall be punished by a fine of not exceeding Five Hm1 dred ($500.00) Dollars. Investigation by the District Judge-Procedure in Disputed Cases. Sec. 12. ·w h enever an injury or death r esulting from injury is r eported to the Clerk of t he District Court of the county wh er ein such injury occurred, in accordance with the preceding section, it shall be fl1 e duty of said Clerk to at once notify th e Judge of said Court, t hat suc:h injmy report h~s ·been filed in his office. It shall th ereupon be the du,ty of said Judge to ·illvestig.ate the nature of said injmy and claim for compensation at the earliest 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, rmd 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 the_reupon make an order directing payment for such compensati_on from the State Industrial Accident Fund in accordance with the facts by him 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 as to the amount thereof then it shall be the duty of said Judge to set the case down i or a hearing at .tb:e earliest possible date and ~o 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 ·elate fixed! for said hearing, :vhich said notice shall be served by the Sheriff of said county without expense to eit•h er p.arty, except that his actual trav~ling expenses shall be allowed and taxed, as costs. The hearmg shall �COMPENSATION LAW 8 STATE OF WYO>ivIING be conducted upon the statement and r eport fil ed by th e employer and such fomal _cla~ms as may be presented and filed with the Clerk of the D1stnct Court by or on behalf of the injured workman. If the employer in his r eport of th e injury alleges t1rat t_he_injury was due solely to th e culpable n eglig<:~ce ?f the mJured_ empl?y~e, or that ~l:e claim for comp ensation 1s one not commg withm the provisions of this law th en a jury may be demanded•by either party and the cause sh'an be tried, as a court proceeding. If a jury is d emand·ed, it may be selected from names drawn from th e fiv e mile limit jury box. as in civil cases, at any time in term time or vacation unless i regular jury panel be in attendance . at Court on th e clnte ar1y such hearing may occur. The taking of evidencP. shall he summary giving a full ~pportunity . to all parties to develop the facts fully. The official Court R eporter of the district shall attend the hearing and make a stenographic report of the t>vidence without cost to either party. The Court or Jud()"e s·h all direct the County and Prosecuting Attorney or other co;petent attorney appointed by the Court to conduct the examination of ·witnesses on behalf of the injured workman, and it shall be the duty of said attorney to appear andi perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the Clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees for ~ttendance and mileage as is fixed by law in civil actions, and Ju_ry costs shall also be taxed to and paid from the accident fund, if the verdict and judgment be in favor of the employer, but if a~ainst the employer then he shall pay the costs. At the conclusion of the hearing, the ·court shall enter an or<for pursuant to the verdict of the jury, if a jury be called, and if no jury be called, the Court or Judge shall render a decision upon the facts and law of tl1e case pursuant to the provisions of this Act, ana make an order allowin()' or disa1lowing compensation, as }he law and the evidence may warrant. In any proceeding be) ore a Co~ or Judge, as aforesaid, the Court or Judge ~~all iave au~honty to appoint a duly qualified impartial physician to examme t~e injured employee and give testimony. The ~ee fo~ such senriee shall be Five ($5.00) Dollars, unless otherwise 0 ~h ered _by the Court, with mileage allowed as is allowed to other witnesses, which shall be taxed as c~sts ·and paid as o er witness f ees are paid. The employer ' ' h" or employee may at 0 •~ expense also appoint a qualified physician, who may a e~ and be present at any such examination of an injured tmp oyee and give testmony at such hearing or investigation. -;r1 ,,,. <.;:J 9 Appeal to Supreme Court. Sec. 13. .Any order given and made in any investigation or hear ing by a -Court or Judge pursuant to the provisions of th is Act shall be r eviewable by the State -Supreme Court on proceedings in er ror :in the manner prescribed by the code of civil pr ocedure; provided, h owever, that th e petition in error, bill of exceptions and r ecord on appeal must be fil ed in the Su preme Court within thirty (30 ) •clays from the date of decision or order on motion for new trial by a Court or a Judge; unless the time be ex te nded by or der of Court or Judge, and thirty (30 ) days shall be allowed .all parties ther eafter for filing briefs an cl said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal t o the Su preme Court is prosecut ed' on belrnlf of the injured workman, the County and P rosec\1ting Attorney, or other at'torney r epr esenting said work man, shall or der a transcript of the r ecord of the hearing and pr oceeding to be prepar edl by the offi cial Co ur t Reporter of the district wh er ein said injury occurred and duly certifi ed without cost to said injured workman and said County and• Prosecuting Attorney or other attorn~y shall or der the papers on file in th e office of tbe District Court t o be by said Clerk pr epar ed, transcripted, certified a nd forwa r ded to the Clerk of the Suprem·e Court without costto th e injured workman, and the proceedings in the Supreme Court shall be cond11cted on behalf of the injured workman by the At torney Gener al of the State as a part of his official duties, and by other attorney r epr esenting said workman. In case an app eal be prosecute d on behalf of the employer, th e i:ecorc~ of th e proceedin()'s at the ori ()'inal hearing shall be supplied without cost to s~ch employ:1-, .but such employer may employ counsel to conduct such appeal on his behalf. Court Order Recorded-Copies to Auditor and Treasurer. Sec. 14. Every order given and made by a ~istrict <;ourt or Judge awarding payment fro1~ the Industnal ~ccident Fund to an injured employee or lus dependent fannly, s:lmll be entered of record by the Clerk of the Court where give:1 and true copies thereof shall be immediately made a1;1d certified by said Clerk .and forwarded: to the State Auditor and State Treasurer, respectively1 of '\Vyoming, and shall be by each of said officers entere·d! upon a record to be known as the Compensation Docket and shall be the authority and direc~on of the State Auditor to issue warrants for compensat10u awards against the Industrial .Accident Fund and fo!· the State Treasurer to pay such compensation a.wards from said fund. �10 CO:i\IPENSATION LAW Industrial Accident Fund-Appropria,tion. Sec. 15. There is hereby created a fund to be known as tlie "Industrial Accident Fund," which shall be he1'd by the State Treasurer and by him_ deposited in such banks as are i>.uthorized to receive depoS1ts of funds of the State. The Treasurer in making said deposits &hiall divide th e said Industrial Accident Fund into two <listinct funds, one to be known ru; the ' ' General Fund'' and the other to be known as the ''•R eserve Fund." The "General Fund," as near as may be, shall be used for payment of all awards, clajms and items of expense charaeable against the Industrial Accident Fund, and the '' Re .. serv: Fund" shall not be used for any of said payments unless the "General Fund" at the time is insufficient to meet the demands upon it, in which case the Treasurer shall transfer from the '·Resene Fund" to the "General Fund" a sufficient amount . to meet the immediate demands upon said '' General Fund.'' The purpose of creating said '' Reserve Fund'' is to provide a fund within the Industrial Accident Fund sufficiently large to pay great aud unusual demands upon the Industrial Accident Fund which might be caused by a large disaster or by several such disasters occurring within a short time, and the '' Reserve Fund" shall be kept apart from the "General Fund" :and as r.ear as may be unused in accordance with said purpose. Within thirty da.ys from the date on which this, Act shall take effect, tl1e State Treasurer shall set aside in thre '' Reserve Fund'' Three Hundred Thousand Dollars ($300,000.00), and thereafter shall set aside in this said "Reserve Fund" at the end of each month twenty-five per cent (25%) of all nioneys. received in the lndustrial Accident Pund during said month m excess of the amount expended, the balance. of moneys so receive<l to be used in the "General Fund•. " Three-fourths of the "Reserve I·'und" shall as near as may be kept invested in United States Government Bonds. All moneys received by the State Treasurer under the provisions of this Act shall become a par~ of the Industrial Accident Fund and there is hereby appropriated out of the funds of the State Treasury not otherwise appropriated the sum of 'rhidy Thousand Dollars, ($30,000.00) wh1ch shall be paid into and become a part of such fund. There is also appropriated annually, until otherwise provid_ed by law ~ut of any moneys in the State 'l'reasury not otherw_1se appropriated, a sum equal to oue~fourth of the tota,l S'Um which shall be received by the State Treasurer from employers under the proYisions of Section 16 hereof not however to exceed the sum of Fortr Thousand Dollars ($40,000.00) p~r annum, and · i:be money so .appropriated shall be credited to and become a part _o~ such fund . All fees or mileage of witnesses, jurors and physicians adjudged to be pai<l from the accident fund in any STATE OF "WYOMING 11 court proceeding under this Act, and all contingent expenses incurred in preparin g fo r and in th e administration of this ·A ct shall be I ai d fr om th e Industrial Accident Fund on proper voucher s ,an d warrant . [Amend ed by Sec. 3, Ch. 117, S. L. 1919.] Employers' Assessment. Sec. 16. Eve ry employer engaged in any of th e occupations h er ein defined, as extra-hazar dous, is her eby r equired to pay into th e State Treasury for t he benefit of the Industrial Acciden t F un d a su m of money eq ual to one and one-half per cent (1.½ % ) of th e moneys earned by each of his employees eng,aged in su ch ex•tr a-hazard ous employment during each c;alend ar mon th of such employment. Such payment shall be so made on or befor e the 15th clay of th e mont-lll following the month for whi ch such payments are compute d and paid. The State Treasurer sh all k eep a separ ate account for each employer so contribu t ing to said fu nd•, but he shall ~ot charge against any emp-loyc r th e amount of any ,~rarrant until th e same Jras been paid . Bach empl oyer shall contmue to make monthly contributions as above provided, unl ess the sum theretofore contributed by him, after deductin g all payments made on account of inji.u·ies to his employees and all allowances made on account of such injuries, shall equal full one and oue-h~lf per cent (1½%) of his annual pay-roll computed by m~ltiplymg his current month's pay-roll of workmen ~ng.a?ed m extrahazardous employment by twelve and shall likewise be not less than Five Thousand ($5,000.00 ) Dollars: Such _em~loye1: shall not be compelled to contribute when lus c_ontr1butions m the fund, after making deductions as aforesaid, shall equal one and one-half per cent (1½% ) of his ·annual pay-roll, and shall likewise be not less than Five Thousand ($5,000.00) Dollar:[Amendecl by Sec. 3, Ch. 69, S. L. 1917; amended by Sec. , Ch. 117, S. L. 1919.] d Copy of Pay-Roll to State Treasurer. Sec. 17. It shall be tb:e duty of each employer to ~orw~~e to the State Treasurer on a blank form provided _by ~aid S\ Treasurer, a true copy of his pay-roll of perso1;1s m Ins e:i,~e~ engaged in extra-hazardous employment clurmg the c C;alendar month sworn to either by himself or the ptson ing knowledge ~f said pay-roll. Each employer, un ess O • wise supplied with the last above blank form, shall seasona Y 1 1 same. A11Y failure off any apply to said Treasurer for tie . sue ,_1 1 O cmpioyer to file wi>th said State Treasurer a copy us pa? . provided, • w1 1roll as herem sh a11 b e a ~·sdemeanor • ' .and · any rovided fully false statement in any _affidaVJt made as ;er:fsciemeanor shall likewise constitute a nusdlemeanor, and a Y ;t~~r �-~ ------ 12 CO)IPENS.ATION LAW committed as in this Act provided shall be punishable by a fine of not more than Fi,e Hundred ($500.00) Dollars. [Amended by Sec. 4, Ch. 69, ·S. L. 1917; amended by Sec. 5, Oh. 117, S. L. 1919.] Duty of County Assessor, State Treasurer and Attorney General. . Sec. 18. It s~1all be the duty of the County Assessor in each of the counties of the State to make a _list of all employers within his county who are engaged in extra-hazard·ous industries as defined by this Act, and to forward such list of extrahazardous employments and: industries to the State Treasurer within thirty (30) da.ys after the passage and approval of this Act. It shall further be the duty of the County Assessor in each county of the State to make monthly reports to the State Treasurer showing what, if any, extra-hazardous industries have suspended business permanently, and what, if any, new extra-hazardous industries .have been establis•h ed and commenced in his county during the preceding month, and also showing each extra-hazard~us industry of his county not theretofore reported by him, and it shall be the duty of the State Treasurer to immediately proceed in the collection of -assesments from sueh extra-hazardous industries in the manner 1,rovided in Sec~ion 16 of this Act, and in case any County .Assessor shall fail to make the report required by this Act or shall neg_ligently fail to include in such report any empldy et· engaged m extra-hazardous business or industry and not there tofore ~eported, he shall be guilty of a mis·clemeanor and shall be pumshed by _a fine of not more than Five Hundred ($500.00) Dollars. And m case any employer engaged in an extra.-hazardous business or industry, as defined by this Act, s•l mll fail or refus~ to pa;v the assessment upon his current monthly payroll, as 1s required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred ($500.00) Dollars, and in a!dtlition to the said fine it: shal~ be the ~uty of the Attorney General of this State to immediately brmg suit in the name of the State for the benefit of the !ndustrial Accident Fund against such employer for the collection of such assessment and if a judgment for the recovery of said assessment be' given in favor of the State for the use and benefit of the Industrial Accident Fund said judgmen~ shall be for double the amount of the pay-roll assessment rosvid~ by Section 16 hereof, together with costs. [Amended Y ec . .>, Ch. 69, S. L. 1917.] Compensation Schedule. th Sec. 19• Each employee, ,vho shall be injured in any of e extra-hazardous employments, as herein defined, or the de- ST.ATE OF WYOMING 13 p<:ndent family of. any . . such injured workman , who may d"1e as a r esu lt of• sue11 lllJ ~r1es, except in case of injuries due solely . to _the culpable n egli gen c~ of su~h injured employee, shall receive out of ~h e Industnal _Acciden t F und•, compensation in accordan_ce :v1th tJhe followmg schedule, and such payment sha_ll be m _h en of and t alce the place of any and all rights of action aga mst any_emplorer cont rib~ting, as r equired by this Act to the Industr1,al .Acciden t F' und m favor of any person or persons by r eason of any such injuries or death: (a) "Permanent, par tial disability " means the loss of either one fo ot, one leg, one h and, on e arm, one eye or the sight o_f one eye, ?ne or mor e fing ers, one or more toes, any dislocation wher e ligamen t s ar e sever ed, or any other injury known in surgery to be permanent, partial d~sability. For any permanent, partial di sabili ty r esultin g from any injury, th-e workman shall r eceive a lump sum as her einafter specified. For the loss of a thumb .... . . . .. . . . ................ $ 225.00 For the loss of a first fi n ger . .... .. . . . .... . ... . .... . 200.00 For the loss of a second fin ger ... . . . . ... .. ......... . 150.00 For the loss of a third finger ............... . .... . . . 150.00 For the loss of a fourth fing er .- .. . .... .. .. . .... . .. . . 150.00 F'or the loss of a palm (metacarpal bone) .. .. ..... .. . 600.00 For the loss of a hand . ........ . ... . . .... .. .. ... .. . 1.000.00 For the loss of an arm at or below elbow . . .. .. .. . .. . 1;200.00 For the loss of ,a n arm abon elb ow ....... . ...... . . . 1,500.00 For Anky-losis ( total stiffness of) or contractures ( due to sea.rs or injuries) which makes the fingers more than useless, the same amounts apply to such finger or fingers (not thumb) as given above. 'I'he loss of the third or distal phalange of the _thumb shall be considered to be equal to the loss of one-half of such thumb ; the loss of more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. The loss of the third or distal phalange of any finger &hall be considered! to be equal to the loss of two-thirds of such finger. The loss of more than the middle and distal phalanges of any finger shall be considered to be equal to the loss of the whole finger; provided, however, that in no cose shall the amount received for moo:e than one finger exceed the amount provided in this schedule for the loss of a hand. For the loss of a great toe ................... ••····.$ 29o.oo For the lpss of one of the toes other than great toe• • • • 1;,r..oo The loss of more than two-thirds of any toe shall be considere·dJ to be equal to the loss of the whole toe. �cmrPENSATION LAw STATE- OF WYOMING The loss of less than two-thirds of any toe shall be considered equal to the loss of one-half of the toe. For the loss of a foot .... . ..... ..... .. .... . . ... .... $1,000.00 For the 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 other injury known to surgery to be permanent partial disability, the workman shall receive a lump sum in an .amount proportioned to the extent of such permanent partial disability based as near as may be upon the forgoing schedule. (b) "Perma.n ent total disability" means the loss of both legs, or both arms, or one leg and one a.r m ; total loss of eyesight, paralysis or otlier condition permanently inca,pacitating the workman from performing any work at any gainful occu . pation. 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 £or a subsequent injury shall be dletermined by deducting the,r efrom the percentage of the previous disability, as it existed at the time of the subsequent injury. When permanent total disability results from.the injury, the workman shall receive: (1) I£ unmarried at the time of injury, a lump sum of $2,500.00. (2) I£ the workman had a wife or invalid husband, but no child under the age of sixteen (16) years, a lump sum of $2,500.00. (3) I£ the workman bave a child or children under the age of sixteen (16) years, £or any such child or children the lump sum providted in the preceding paragraph shall be increased by adding thereto One Hundred ($100.00) Dollars per ~·ear for each year until such child sh all be of the age of sixteen (16) years, but the total amount of such increased sum ~llo,Yed for children under sixteen · (16) years shall not exceed m the aggregate a lump sum of Five Thousand Five Hundred Dollars ($5,500.00) in any such case. (c) '_'Te?Iporar! total disability" means an injury which temporarily mcapac1tates the injured person from performing an~ W?rl~ at any gainful occup-ation £or the time, but from wlucll' lllJury such person may recover by meclical or surgical treatment andi be able to resume work. In such cases if th<> w? 1:kman lJe unma1:ried :at the time of the injury, he sirnll recen e the sum ?f T_h~rty-fise ($35.00) Dollars per month, so long as the total d1sab1hty shall continue. I£ he have a wife with w-hom he is liYing at the time of the injury he shall receive ;ort~: Yli40.00) Dollars per, month, and if he Jiave children uner sixteen (16) years of age, he shall receive Six ($6.00) Dol- lars per month £or each child under sixteen (16) f but the total month ly payment shall not exceed sf~ar($60aloe) J??llars per mo~t~. 1:'J ? compensatio~ shall ·be all~~d foi: the fast te~ days of _disability ~mless t•he mcapacity extends beyond the period of t_lnr ty days? 1~ which case the compensation shall run from the tnne o! the lllJUry. As soon as r ecovery is ·so complete ~hat the e.armn g power of the workman a t any kind of work 1s restored, th e pay1:1ents shall cease, but in no case shall the total payments ma>dle m such cases exceed in the ao-"'regate the. lump s~ ~m~unt he1:ein specified to be paid anbinjured workman £or mam·1es causmg p_erm:a?ent totaCdisability. . (_d) In all cases of total disabihty and permanent partial d~sab11Ity, tl!e _expense of medical attention and of care in hospital of the mJured workman shall be paid, not to exceed, however, One H undr ed Dollars ($100.00) in any case unless under general arrangement workman is entitled, to medical at tention and ca.re in hospital. "\\ her e ~e-ath r esults from an injury, the expense .of burial s,hall be paid not to exceed Fifty ($50.00) Doilars m any case, unless other arrangements exist between employer and employee under agreement. (1 ) B'ut if fae workman leaves a v,ridow or invalid widower, such surviving spo use shall r eceive a lump sum payment of Two 'l'housand ($2,000.00) Dollars ; provided, that if it be shown that the surviving spouse wilfully deserted deceased without fa.ult upon the part of the dleceased, such surviving spouse shall not be r egarded ·as a dependent in any degree, but in such cases the right of children under sixteen (16) years of age to compensation shall not be defeated. I£ said workman leaves a surviving child or children under sixteen (16) years of age, the guardian of said children, appointe•dJ as hereinafter provided, shall receive £or the use and benefit of said children, • R lump sum of One Hundred Doll,ars ($100.00) per year £or each surviving child under sixteen (16) years of age until the time when each of said surviving children.shall become sixteen (16) years of age; provided that the aggreg,a te lump sum paid to said guardian shall in no case exceed Three Thousand Dollars ($3,000.00). In all death cases where an order of compensation is made on account of children under sixteen (16) years of age, or to persons incompetent, said funds shall be disbursed under a rproper guai·dfanship to be created by the Court or Judge making such an order. (2) I£ the injured workman die during a period _of temporary total disability an·d after receiving compensation therefor, as herein provided, and his death be shown to ha-ye re su~ted from such injuries, the total amo~t of P:1yments 1:ece1ved by him during such disability a.nd_pr10r t? his death 'Wl;ll be deducted from the lump amount herem provided to be paid 14 1 15 �-- --- J __ 16 co:MPENSATION LAW ST.A.TB OF wYOil\UNG 17 Extra-hazardous PUiblic Work Cont t W Sec. 23. Whenever the State rac ork. corporation shall en"'a"'e in any exti'· c ounty or any municipal " ° 0 a-1iazardous wo ] • h' r { m ~v . 1ch wor1onen are emp loyed fo r wages, this Act sh thereto. Th e employer's payments i t tl I dall b~ applicable Fund shall be made from the Trea n. o i,e n ustr1al Accident municipality. If sa id work is bein; uJy <>\the State, cou~ty or roll of the contra ctor and the sub-con~~-tct Y_1 cfni~·act, the pa?of computation and in th e case of cont11act : ~ ~a be tl~e basis than one year in performance the r e uire 0 ik consun~mg less accident fund shall be subj ect to the p~ovisfoJsayt:in:t :to the the State for its general fund the county . o.. 11s ct and tion shall be entitl ed to coliect from t l or mumc1pal corporaamount ~1ayabl e to the Industrial Accide:t i:~acto~ :i1e full tractor, m turn, shall be entitled to collect from~~ contracto_r his proportionate amount of payment. ti e su . -?on-of tl11' t' I ll • , 1e prov1s1ons • s ~ec 10n. s 1a app 1_Y to _all extra-hazardous work clone 1 by contrn.c_t, exceI?t th:at m pnvate work the contractor shall be responsibl e, primarily and ·cl'ircctly, to the Industrial 'Accident Fund for t he proper percentage of the total pay-roll o.f the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such paym_ents. . ~\TJJ.eneve;1· and so lo~g. as _the state law, city charter 01 mum?1~al or~mance, provision 1s made for municipal employees lllJured _rn the course of employment, suciJ:J- employee shap not be .entitled to the benefits of this Act and shall not be rnclude~ m the pay-roll of the municipality nnd'er this· 'Act. Safety DeVJ.ces. . to the sUl'viving widow ,and children under sixteen (16) years of age in case of death resulting from injuries. (3) If the workman leaves no widow, widower or child und'.er the age of sixteen (16) years, but leaves a parent or parents surviving who were actually dependent upon him for support, such surviving parent or parents shall receive a lump sum which shall be computed at the rate of fifty per cent (50%) of the average monthly support actua.lly received by such parent or parents from the workman during the twelve months next preceding the occurrence of the injury calculated ar. near as may be over the probable period sue:h support would have continued, but in no case exceeding the sum of One Thou.sand ($1,000.00) Dollars. [Amended 'by Sec. 6, Ch. 69, S. L. 1917; amended by Sec. 6, Ch. 117, S. L. 1919.] i Forfeiture by Injured Employe~Payments Withheld. Sec. 20. If -any in,jlll'ed 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 wibhheld and deliver&di to such injured workman upon his recovery or discharge by such physician. Exemption from Execution or Attachment. Sec. 21. No money paid or payable under this Act out of the Industrial Accident Fund shall, prior-to issuanee and delivery of the warrant therefor be capable of being assigned, charged or ever be taken in execution or attached or garnished, or shall th'e same pass to .any other person 'by operation of law any such assignment or charges shall be void. Minor Workmen. Sec. 22. A minor working at an age legally permitted und1er the laws of this State shall be deemed sui juris for the ~urpose of this Act and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as expressly provided in this Act, but in the event of a lump sum payment becoming due under this Act to such minor workman, the management of same shall be ,vithin the probate jurisdiction of the Courts, the · same as any other properties of minors. . . Sec. 24. Nothing in this Act contained shall repeal any existu~g law providing for the installation or maintenance of any device, means or method for the prevention of accidents in e~tra-h.azardous work or for a penalty or punishment for failure to mstall or maintain 1any such protective -device, means or method. - ..,.i Fees for Services in Procuring Compensation Limited. Sec. 25. It shall be unlawful for any person or any number ?f persons acting together or separately or in ap.y way, includin~ attorneys, agents, interpreters, and all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or beneficiaries under this Act, for services rendered or to be rendered either jointly or separately, iri rel.a.ting to procuring any be~efit or benefits under this Act, any sum or sums aggregating more than fifty dollars or more ~han five per centum of the whole amount received1 or to be received by such beneficiary or beneficiaries on account of ~juries _to any employee. Every person violating or concerned m the VIO- �20 COi\IPENSATION LAW Justrial Accident Fund and in consideration of the payments made by the State to such fund, and no part of any moneys so paid in by any employer shall ever be r efund ed to him eit her during the time when he continues in business as such employer, or ,after he ceases such business. Provided, howe, er, if this Act shall be hereafter repealed or held invalid', all moneys which are in the Industrial Fund at the time of the r epeal or final holding of invalidity shall be subj ect to such disposition as may be provided by the Legislature, and in default of such legisl1ative provision, distribution thereof shall be in accordan ce ·:vith the justice of the matter, due regard being had to obli gations of compensation incurred and• existing. 'Existing Contracts and Pending Actions Not Affected. Sec. 33. This Act shall not affect any contract entered uito and e•x isting before its passage 01· · any action pending or ·:ause of action existing prior to .A:pril 1st, 1915. Sec. 34. 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 Approved February 23, 1919. \ Ii �- - - - -- -- - - / T'~1jPORARY DISABILITY I I!.inimum, Colol"'ad o Idaho 50~ of ,·1ages, llaximum, C4ooo.oo . Minimum, so% of nages Eaxifilum, 035.00 per month Minimum, $27.00 per month II 55.00 " Maximum. Minimum, Maximum, ~27.00 per month Utah Minimum, Maxi.'llULl, 551, of wages C55.00 per month Hashington t.iinimum, Maximum, {? 20.00 per month Liini.roum, 035.00 per month 60.00 II " Wyoming 1.!a,cimum, 45.00 35.00 II II 11 rt PERr.: ANEHT DISABILITY Arizona r.'. inimum, Uaximum, 501" of \7age s $4000,. 00 Colorado f!inim~, I.!aximum, 022.00 per month l:'iinimum, C27.00 per month, $2400.00 11 ~:54.00 n 4800.00 Idaho i:aximum, Montana Utah l'/ashington Oregon i:7yoming llinimum, 35.00 per month 027,00 per month, 02000.00 4000. 00 gaximum, so,s of t'lUges, Minimum, I:!aximum, ¢ 31.00 por month 11 54.00 " !Einimum, t 20.oo per month 1iaximum, 35.0Q Uinimum, G3o.oo per month ~aximum, 50.0Q !linimum, ◊ 2500.00 I:'.:aximum, 6250.00 II II fl II C4500.00 ~4000.00 �Di~ATH Arizona r.1inimum, llaximum, Colorado 1,.inimum, ~ \' . . maximum, Idaho 2400 x ½daily v aga C4ooo.oo 01000.00 2500.00 l-tinimuro, lla.ximum, C24oo.oo Minimum, 02400.00 4000~00 tio.ximum, 4800.00 82000.00 4500.00' Utah Hinimuru, Washington !_lj inimu.rn, 'MaximUI!l, ,; Oregon Einimum, f 30.00 per month [; 50. 00 11 n till death or re-marr iage \1yoming t!inimum , Maximum, Maximum, llaximum·, r, 8,4000.00 or C35.00 per month till death or re-marriage. $1000.00 5000. 00 j �I r ·' ,. \ ,- ----- / r. I_/ - / I y ,. V I / 1 :;_""1..., I , ' ./: \ f-,C,t'} ·? ~/ .•./"c·""J . I • • ,· ��/ ;---;_-.'. -· -??,·:,:. -,..: ,/ ' , - . • • ✓. • ~ t.? !-41 w .r v-: ...,; '- µ. -~ -~ - ;'. • ' · .- .:/. I .?-"t" , _ , .... ,·... / 0 ,I_/ ::J . �SHIPPERS O F O R IG INA L ROC K SP RI N GS CQA L PRODUCERS SI N C E 186 1;1 BRANCHES: PORTLAND, ORE. SPOKANE, WASH. BOISE, IDAHO. POCATEL.LO, IDAHO. SAL.T L.AKECITY, UTAH. DENVER . COLO. OF ROCK SPRINGS AND HANNA CoAL If r·) °" r·o, 1}1\I t( llmt:lfirNrl(QN(PftGIJifi> -n • - - . --~ '1, - - • n - '.· JOHN STERLIN~ GENERAL SALES AGENT ~-~ ~ ~~~ l!) nlil,,. ' J l\, m·"'. !"'A M ' ~ "''~ "' r - .I '1J,1. • '.l(..c-u~ ;• :_ \;:' '.... . ~-.~~ - -- - - = ·1 SALES DEPARTMENT . ------- -- ------OMAHA, NEBR., ..i ~ 1- .... , ....... lZ ·, 0 u a:: ::> 0 oil. Zo ~"! t J" 0i= Ul 1"1 <! u1- ~8 1:)1.. l? ll. -l!l ~~ Ow · Uu<ll -lo: 0: z W11.w - ~~-~ �( :) l ; t (' ; c/. J' • On 8ly )u<~.9 !?03 0 tho 11 /..!om:,:idoi' r 1:!.l1° rm~ pcl3oCtl• Ti'r'o nci ootoDUotiocl t,10 Unbi!lty oi •~•ho Utliicd Gt ·~oo G::>VOh"iS':lO t. for;• ik1juti.oo~ urnl <lonth rx-oz:i lnjurv 0 of cor·c.r;'.in e!noo= ' U'ioo io!'ls oi.' ;:,,_·-1c1'tr.:rof;.x. ,1or...t:::_u oracncc:u in haco.rdouo oeciaaputiono. And i"urthoa> i>'ii"'O<'> �!' \'./o.o no5li~oil't o:r l!'!Oto nucl nlso pirovidcd co:nporisutf:.{m fo4' 'oho do·1ondon', o pf ou0h Acc i dent !~1j W"ecl \'iO E'm'JOth trota'l.cr.l .a x'\md to bo l.morm os "'I ilo XndtAOtlt"ial/ D'unti 0 o f &>ovi<.\oi:l !io.? about fiK'Cy oocupotiono I71:1.irui arc to bo con;;iid()~cd GO mt.tt·o. !:lunoirclouo in ·tho m00U2.n~ 0 of tho lm-1 0 nml ioclu oo (!iuV and 'i'oai'i I:a~~bullo nucl City onll 'l'om:1 Fii'ecwo Din o .• ,roow.i, cmcl;.;doo miy z,oir-::;cm hol<2.i11g mi crn ointnont of nhotr1U or Daputy ShcriU 0 Constooloo o~ .!loptAty eonoto~lo□, und poi-raono etJ6cc~ocl in 111toFD?~0 ~o CO!'Ztl':loroo11 ·FC.lneh or fem ttoril, otool. t~otol1.11c oild dor.Gcctio oorvioo.· on(Jlcea in cmy 'buoinouo or oocupotiQn uotinod Clo c.rtt.oo,,,hozuraoua. �... . L" \ I �( omm rmu-viVL -C \.'i Y ,'l~ (%' ::..u•,..1uHcl t;itlooo~~~ tmc :ro~;1.<1a1,:"lv li1ar1 i(}ct ti·~ ttm 1;:trno off ino 4 neef~drn:1·0 C' b? - t::o.w u~i'.'.\CO du.~y coitrt.':1~UOU by n lo:s_:cli. C.':l~C:Ji).l1¥ 11 c.me!l -d 1n•vSi.Vi~e f), OUOQ (l -l:V.t ~·Jt oo c(_~u., ,..{ o - - ca u do;;:,o ~dm·rt; iJ.U nrty dogs-0 0-0 -~:1 t i ·J •,1~'"1Ji.Vi h a ~p ot-1C)o tn u t;tJ ~roolG!~1•~·t &.tm o' ·I :10 Ltu,:·;od. t.>'Gntoo~ p~J!k1m,t o m'o l,u:rtte,j ·i;.~ 0 a-ooi\uin3 boyoncJ iho -ono ,~ '.t lt 0l? C, o t-s-..:Q~~l\j S ' tLflo docos .. od c:wl.lru~l !ecwo o e'ailu oil... ©ni2d:.·w o g:..m"" aa~ o,iQJ.l. bo 0-,;>l)O!ll'~Od~ Cl i.\ Lrn.c: otL (iUat"'ct1UIJl ohnll l?O~CiVOo t,n ~ ·c.tw ~O!)O!Z."0 ;A o ;l ehilth:'C~g u l~.:,, oft ~-1 20 oGO tyO}.~ ~•or;irr \!!'i~~u 01:it:;h &1 Ud!i'C!.t O ) C}:!,:,\. ii'CUCh 't ao aso 'lfi''~'lriOQO o " 0 u ::;c;woti).io w-:o ul::li to bo !)~d 01.~ekl r; ~:11>"~ rnn ~i c~1:.\ i(1rm1 oz ;.ioccoood r1oirlttc!~1,.'1 olmV,, 1-mt bo iu oneooo off ~3 0600.COo l:)oyonu tho julf'!odict!ot~ Qg ~Uc \Ji J/.:;o©l (~ic\'~on 0-so ! w1~•wu '1.)0 01:10 ·tl:d,rd oi "';10 c..:oi; m oi (l0~liJC,H1C U'UOirl [)i!"OVidod 0 !f? tho r:o-rcrr.:c,.~ l06;VQ fiG OV.~'Vivic~, D_ Ql~ O 01:' Gil ~,.f..(h'E:~1,;, tl ~ 1oi\VOG 0. i,cwoni O:i" p0.i,'0~1i{l il OllOU rmir-viv.iu • oo.1.~c1;~i Ol? [)C,'"c:·rCp o ol'ln:U. r.oco!vo C !..W':Ji) ouo 0) !] Q!. 0 0.:JO.OO. 111..rc 9..t ouch St.i.l!.'IJ!VS\.l" rJ ilt:i.ftOttjt 01!' 99tonio Clr'O nc;inc,,r.•coiuoui ou-o~-~j ~ho !;- ~:Jo rmni io ,~loo !klii.,G(l '()() 01.'lO 't;ll :f.li'cl oz 'ti!lO CAIOtm·~ i_?<i'vV.ldQ(l • .T: 1i:'11f!'lKf n 11.';Y"/'J., f.)iSJ~D:n.,z~:£; 1 lo m1 :1taj uey ·,,?lien ior.:11. oi•o.i.-1.lV .l1'~ecr,c~0 o1tc.tco the co!."ti□ OJ.l flr0o poirfomi!.}g c.u w !d.1i1d. o t? 'uOJ?tZ nt c.; c::.,iufl'w. ooe~~iic-::1 0 b~·~ Kroo \'.]r-U,C tl1oabilSty tllo \.'.iOi'1,. C.!l C;/,J Z'O~OVOA' atl!,! ~o ·UbJ.o to X'Otluc:l hio dl!lti£)0 e ituyo i=onto oJ? CO.JiiOOOutioa for tcr~par·-aty ·~otal d:'..oa.b:Ulty- ohall bo tl1oc:on·~tnucd no Qoot1 t1Q tn.o oorntnG p(Kl01' og il'lo >;:1orl.r.muo ui OO/J I;!t--1\l of? © gru.t~i~ occ:a;l!.!.tiom. 0 t::, !i'oot9~Wde r.uo o.c!Jc6ulo or po:racn-to p1."0vi.doil ·foll' ".;omoo,:-ot?y 'total m.unbil.li~~ to oo !lollouo: :u tho t1orlu.1r.u io tlflwc.r1,1cd n'b t.½o tlco of ·u10 inju1ty !ao Ghol! wcco~vo o,c.oo per pe n.th oo J.oncr ao the clioo.Di.U.~y ohul.1 ~o.niinuo: :u- ta.o ,,ntmmi io ut.rricd nt 10 ti!';lo of 1njuey oonthly p~ymonto ot 060. co ;,or □outh nro t)i'oviclcfl m1tl on au~... tionol 07 •SO :~r ti1ont! for- C!2ch c!.lUtl ur.!lor 16 yoora or er;;o . l.r.-;o\mt of pc~11..lm.ito ovo �\ ot' mt tho 2i.1j ary boo 41o~lod .;ho -·:n~1uqc~ t:ro~ coll~inuinn o-~ hio rci.;w.cf:' c:::.ic,loym~ute if tho ocoidoi:t. occiwrocl i;;,1Uc iho uoa-kc:.an tJuo cuu1.i..~d .5.n tho d· M.w of Id.ti ¥.'O[.;"iiJ.ur ploywo t, il ouch iujuey er~~ out a~· auCI". ou~loyecnt~ ti,e nntiu•o uml uu'ii cp o~ iho ti:>1' on• o c::1~oyuo1rt., 'J~U tho ucei..llot:~ tluo ·io ttl<.i ct.al }Oblc ucaU~cv..oo a, tho ar~J,.WiJd -c;or · a a, \'./hetller or 60i. tlilo itlj urcd \1orl~t:m1-1 i ·o c,brr.iou. or uin;~lo, if n •~r;tcu end u • 5- - - - - - 4 - �, _j OOD";_qno cx~!(!)U p£iell be, m'r~<?ft ni:'tS.:!2-.P·~-Q~l1'.),, 2Jd~L,~d--L~l~~;A_pfkEi:£f..-f>.,. q_:? t!'~h,Q> .f i'O;,J "'1;ho <lato_oSi' _t ho r;,qg$.tlou~ • . :Kftp... ~~r,-9v o,~o_J;t1_c c::,,2l~,V£;,)_!Q ~!.9,,f'~ ~~.,l.~l.~.}/~S·~ 90 cloyo. in no ~0,y o.Ucoto tho oor"t,ttm. oo " o ~oot of irouc:ml aua t!Oiutomnoo ost 'Ula 1:.11.1v. id !o -() �el r.1.r:.c ... ~ tile cln~c oz ~cci do~; eh;it'noto? nr.id .(i ~:,n'~O Qf ~1w b iJ ti1;•~,; 'tho:C ino oYv!.6,yo&cr~d thu ;,·.~ r lss~m c.voo :i. ·, t ho -;;01.-•o .; oZ tho ,!r.L\7Q o.ocox-·~ntnod tllG ·ti.. .,i~) ar:.1oui1'ti to bo tho iuj uretl \lOi'tD c.l; 1.rhi:rt t h¢lrc :.-,w i40 colluoion bct1:;:J .:,,n w.iplt:1yas- nn<.~ ~';1,s·twm!a ill i.mir.1 or l"ivtuc; n~ CZ:iOUi'l.t ()li.' co¥ (1ci~ ct!on due; t.hc:'i!, t t0 i ,1j ~r.,,ct ·t:o:rrui,w.n ril~.1.!:E1s oJ.uio i"otr C!:::)ttut j v.!:itly tluc h~n mitl ii1ot 1.lw cr- ) l '-']Of G~Vc J nvDGnt to oach ~c-i y !:l:Or.it v K ~'-l:Jr_,\ mma\:,!o~. �~n <ili apt\'~eH.1 onoorJQ ..:mtc!.a t u;•0 vor:y liilW." 0 0 U ·taw liiif:b'G Ql? tho i.1or koon i o COEl t,>O ~!3a.'ii!•:n1i> or ·i hc c::,tn~. or corJr>ornmtioq, slci,nodi , i, ('; d:1.srmtodo i i io' tno duty Gt tho ,J uct~o ·~< , oct tho !H'J t~r'l.\;,)2, ott \~·1~~ <;t:10 0 tYt tl.'.iO oc,!'.Ll.c0t poooiblo tlctQ o noi¼4 t ho VJOt lu:tm l?l }V.U pOlr~Oi,""fl Ota(;~ 00 'Vi OO 'C1n ,t,O ''\;, GOC 'to ·to v~l O i.,o t tma~i o i t!O -OD )!oyol? ~::x,J \'._,1,.,,,-. , ,_' evi dence 0 9pG~0 i n f)Q:i' 0 0 ~1 Qi' b, r.O!'lSI ~J ~ UH' l i H'C i.'(lClUCP / CWl ~i o >. n l".i tAO m :'HlCDO(,;:'J o t 1iO •,rn rt;_t;Qti z.o ~::,t U oblo [\' OR' GO Uf'(i ot• O"lrllC!l'' c:o o-'i;o 2.~-1 c'1iopui:od CuOOQ O t,1, ,t QZ t~ ~:00~ om! (;(::L\r-'6 Acci dent cra oto . lfo to,,::-no by 'ti io lm1ua'(;_.•; 01./ r. ··.:)d o;,copt 1:JrlO :i aa:ioat :1c Of5" i nD\, the. mJp! oyct?o "\:llll011 i njurico of n V<'l-t"Jf :u.ttlo occouiji . U t ho c.cployo~ ia U;')t noi1Ucd l)V the r1o r kiJJim o of nU ucd,cloliltol iajurrico. ho cnnn~t cO:}vlY \7.itb -u ,o lco ~o ctai'ii:.1.ag u :u.ne of -~1u; c:aplo¥otoo r o;:>H) lr'C 0 g acc.idCiil°t , oo • i"C f~M·dlooo of ~he cr.1,11l.1)foi?0ij u'·o cl i nco i t'l ?,ho c,,_1tt.oi"11 h o to ,,lo.oc,1 ~ tt-ao pDoit1on of hnv ua to oithoir di.opu.to tho ti·o r-Ht;:~n° o -olclm ~r co ~lfooo hioooJ.A' au!tty of not bC1vir15 QOr.l£).liOc1 \"13.tu tho pi•,:rvt,;101:10 of tr1c· .tnr'l nml tmbjo~t bitil:Jol f t o ·mo _r,Q:t:il tv l I ·' ,( J �r I .,.• t n~o . c ~-·,.:. t•"?t m (~t,1t.0r1b · , ~ Y, ·~ -~ l"lf1 °t( 0 C:Y.l ·: 0 , J:'t \ ' CL .,,---.., J '.I 11 t C ' (. I.,. 11 '• 1l \.. ~ ·, : 11 r _I �f I -- - - - - - - r--.., \ foll • i . ) - 1 I �• • 0 Lo �( T' r . ··"i t1 o :r t ... n <?J"Dloc:i.on ,.,..__ I ,. !' to the· , ·"l ( 1 .. . .. J,.. '. " > I \ I _,J 1 �I ( '• u , .... i' • : [\ 0 . \ \ _ _ ___ ' �r l t-- TITLE 49. INDUSTRIAL COMMISSIO T. (' 17, p. 306.) 3061. Commission Created. Membership. Tenns. T here is hcrehy created the industrial commi ss ion of U t ah, to be composed o f three members, who shall be appointed by th e govern or w ithin th irty days after thi s title goes into effect. Two of the members of such commi ss ion shall be appointed for the term of two y ears and on e fo r four years, and thereafter each member shall be appointed, with the advice and consent of the senate, for the term of four years. Not more than two of the memb ers of said commission shall belong to the same political party. 3062. Removals for cause. The governor at any time may remove any member of the commission for inefficiency, neglect of duty, malfeasan ce, misfeasance, or nonfeasance in office. 3063. Limitations, business and political. No commissioner shall hold any office of trust or profit, or engage in any occupation or bnsiness interfering or inconsistent with his duties as such commissioner, and no commissioner shall serve on any committee of any political party. • 3064. Salary. Qualifications. Bonds of commissioners and employes. Each of said commissioners shall receive an annual salary of $4000, payable in the same manner as the salaries of other officers of the state are paid. Before entering upon the duties of his office, each commissioner shall take and subscribe to the constitutional oath of office, which oath shall be filed in the office of the secretary of state. Each member of the commission shall give a corporate surety bond in the sum of $10,000, which bond shall be approved by the governor and filed with the state treasurer. All employes or deputies of the commission receiving or disbursing funds of the ·state shall give corporate surety bonds to the state in amounts and with surety to be approved by the commission. The premiums of all bonds provided for in this section shall be paid out of the state treasury. I I • l i i ) lI \ I I I l �INDUSTRIAL CO~MISSION . 3065. Organization. Quorum. . V~cancies. Within thirty days after this title goes into effect, tl:e comm1s~1on shall meet at ~he seat of go_ve~nment and organi'ze by choosmg: one of its members as chairma~. A maJonty of the commission shall constitute a quoru!Il. to transa~t _business. No vacancy shall impair the rights of the remammg comm1ss10!1ers to exercise all the powers of the commission; and in case a vacancy exists, the remaining members of t~e ~ommis_sion shall exerci~e all of the powers and a uthorities of the commission until such vacancy 1s filled. 3066. Offices. Places of sessions. The commission shall keep and maintain its offices at the state capitol, in suitable r?o':11 oi:- rooms. N ecessary office furniture shall be furnished to the commiss10n m the state capitol. The commission may hold sessions in any place within the state of Utah. 3067 Official seal. Judicial notice. Certification of records. The commission ~hall have an official seal for the authentication of itc; or dex:s and proceedings, upon which seal shall be en~raved the words,_ "!he indust rial commission of Utah " and such other design as the comm1ss1on m ay prescribe· and the co.u rts in this state shall take judicial notice of t he seal of the co'mmission, and in all cases copies of orders, proceedings. or r ecord~ in the office of the industrial commission of Utah, certified by the secretary of the said commission under its seal, shall be equal 'to the original as evidence. • • 3068. Business hours. Sessions. Records. Voting. The com mission shall be open for the transaction of business · during all business hours of each and every day except Sunday and legal holidays. The sessions of th 1:: commission shall be open to the public. All proceedings of the commission shall be shown on its records, which shall be a public record, and all voti ng shall be had by calling each member's name by the secretary, and each member's vote shall be recorded on the proc·e edings as . cast. 3069. Adoption and change of rules of procedure. Subject to the provis,ons of this title, the commission may adopt its own rules of procedure, and may change the same from time to time in its discretion. 3070. Commission employes. Compensation, expenses. The commission may employ a secretary, deputies, actuaries, accountants, inspecto.rs , examiners, experts, clerks, physicians, stenographers, and other assistants, and fix their compensation. Such employment and compensation shall be 'first approved by the governor, and shall be paid out of the state treasury. :rhe members of the commission, deputies, secretary, actuaries, accountants, lllSfectors, examiners, experts, clerks, physicians, stenographers, and other assistants that may be employed shall be entitled to receive from the state treasury their salaries or compensation, and also their actual and necessary expenses while traveling on the business of the commission and the members of the commission may confer and meet with officers 'of other states and. officers of the United States on any matters pertaining to their official ~uties. Such expenses shall be itemized and sworn to by the person who mcurred the expense and allowed by the commission. 3071. Places o~ employment. Safety devices. Obeying orders. Every employer shall furnish employ~ent and a place of employment which s~all be dsaff for the employes therein, and shall furnish and use safety devices and sa egufards, adopt and use methods and processes and follow and obey or ders o the • 10 • n, reasonably adequate to render ' f commiss such employment an P1ace O employment safe, and shall do every other thing reasonably necessary to p~otect the life, health, safety, and welfare of such employes. . 3072. Dutiea of empl N0 · 1 permit an em lo ~yera. employer shall require or knowmg Y is not saf! an~ Joe :o ~e m ai°y employment or place of emplovment which vices and ;afeguards u~r lJ?toyeb shall fail to provide and use safety deor to adopt and use' methods ~n~ ey and follow orders of the commission, such employment and place of e rocesses reasonably adequate to rende_r mp oyment safe, and no employer shall fail · 1 r y I INDUSTRIAL co:rvI MISSION . or neglec t t o do every other thing reasonably necessary to protect the life, health, safety, and welfa re of his employes; and no employer or other person shall hereafter construct or occupy or maintain any place of employment that. is not safe. 3073. Duties of employes. No employe shall remove, displace, damage, destroy, or carry off any safety device or safeguard provided for use in any employment or place of employment, nor interfere in any way with the use ther eof by any other person, nor shall any such employe interfere with the use of any method or process adopt ed for the protection of any employe in such employment or place of employment , nor fail or neglect to follow and obey orders and to do every other thing reasonably necessary to protect the life, health, safety, and welfa re of employes. 3074. Right of exnmina'l:ion. Any commissioner or deputy of the commission may enter any place of employment for the purpose of collecting facts a nd statistics, examining the provisions made for the health, safety, and welfar e of the employes ther ein, and bring to the attention of every employer any law, or any order of the commission, and any failure on the part of such employer to comply therewi th. No employer shall refuse to admit any commissioner or dep uty of the commission to his place of employment 3075. Supe;rvi.sion ove1:· places of employment. The commission is vested with the powe r a nd jurisdiction to have such supervision of every employment and place of employment and of every building and establishment in this sta t e as may be necessary adequately to enforce and administer all laws and all law ful orders requiring every employment and place of employm ent t o be safe, and requiring the protection of the life, health, safety, and welfa re of every employe in such employment or place of employment. 3076. General powers of commission. It shall also be the duty of the commission, and it shall have full power, jurisdiction, and authority: 1. To administer and enforce all laws for the protection of life, health, safety, and welfare of employes; 2. To ascertain and fix such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption of safety devices, safeguards, and other means or methods of protection, to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety, and welfare of employes in employment and places of employment; 3. To ascertain, fix, and order such reasonable standards for the construction, repair, and maintenance of places of employment as shall render them safe; 4. To investigate, ascertain, and determine such reasonable classifications of persons, employments, and places of employment as shall be necessary to carry out the purposes of this title; 5. To do all in its power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employes; 6. To establish and conduct free employment agencies, and license and supervise the work of private employment offices, and to do all in its power to bring together employers seeking employes :i,1;d working people seeking employment, and to make known the opportumties for employment in this state; Employment offices, §§ 2440-2458. 7. To collect, collate, and publish all statistical and other information relating to employes, employers, employments, and places of employment and such other statistics as it may deem proper; 8. Upon petition by any person that any employment or place of empl?y':11ent is not safe or i~ inj~riou~ to the w_e lfare of any employe, the comm1ss10n shall proceed, with o_r ~1thout notice, to make such investigation as may be necessary to determme the matter complained of. After such investigation, the commission shall enter such order relative thereto as may �-----. INDUSTRIAL COMMISSION. be necessary to render such employment or place ?f employment safe and not injurious to the welfare of the employes therem. Whenever the_ commission shall believe that any employment or pla~e of emp~oyment 1s ~ot safe or is injurious to the welfare of any empl_oye, it ma:y of its 0 :"'n mot10n summarily investigate the same, with or without notice, and issue such orcler as it may deem necessary to render such employment or place of employment safe; . . . 9 All duties liabilities authority, powers, and privileges conferred and i~posed· by I;w upon th~ commissioner of immigrati~m, labor, and sta tistics, state mine inspector of coal and_ hydro-carbon mmes, an_? )1oard of conciliation and arbitration are hereby imposed upon . the comm1ss10n. All laws relating to the commissioner of immigra~ion, labor, and statis t ics, state mine inspector of coal and hydro-carbon mmes, and board of' concil iation and arbitration shall apply to, relate, and refer to the industrial commisson of Utah. The industrial commission of Utah shall be deemed th e commissioner of immigration, labor, and statistics, state mine inspector of rna l and hydro-carbon mines, and board of labor, conciliation and arbitra tion within the meaning of existing laws; Commissioner Immigration, labor and staUstics, §§ 302~-3034. State mine inspector coal, etc., §§ 3910-3934. Board of labor, conclliatlon and a rblt ratJon §§ 3634-3644. • ~0. All orders o_f the c~mmission in conformity with law shall be valid and m. for~e and p_nma fac1e reasonable and lawful until they are found othe~w1~e m an a~t10n brought for that purpose pursuant to the provisions of this title or until altered or revoked by the commission; 11. All ge!'leral o:der_s of the commission shall take effect within thirty d~ys after their pub)1c~t10n. Special orders shall take effect as therein duect~d. The comm1ss1on shall, upon application of any emplover, grant iuch time as may be_ :easonably necessary for compliance with iny order. ny pers~n _may petition the commission for an extension of time which t h e comm1ss1on shall grant if it finds such extension of t·1me necessary. ' 3o77• H~gs as to reasonableness of orders. I. Any employer or ot1ier persoffn interested either because of ownership in or occuoation of an)' property • may petition . . - for a he·1r• tha ected bv • any such order, or ot herw1se mg on e reasonableness and lawful f ' d • • ~ O provided in this title . ness any or er of the comm1ss10n 2. Such petitio~ for hearing shall b b :fi . . . commissioner, setting out spccificall de. Y ven e~ petition filed with ~he a hearing is desired and eve Y an m full detail the order upon which ~nlawful, and ever/issue to ;i~s?J1 - why such order _is _unreasona hle or mg. The petitioner shall be d s~ ered by the comm1ss1on on the hearto any irregularities and illega{;,me. t \ have finally waived all objection sought other than· those set for:l;ei~ 1~ t e ~r_der upon which a hearing is 3. Upon receipt of such ef1f _e petit!on. h~ve theretofore been adequai 1 wn, ~f the issues raised in such petition mme the same by confirmi·ng e fthconSidered, the commission shall deter.f , WI out h • • or 1 such hearing is necessary to d t . earmg, . its previous determination, shall or~er a hearing thereon ande :~m~ne the issue raised, the commission matters m question at such time h nl~ider and ~etermine the matter or and place of such hearing shall bas .s a be prescribed. Notice of the time p~rsons as the com~ission may fi:f J~n to t~e petition~r and to such other plain~d 3~on srch investigation, if it bnte[ested m such decision. f is un awful or unreasonabl h e ound that the order comor s;chwiher order as shall be lawf~/ edcommission shall substitute the;e. h• enever, at the time Of fi an reasonable. it s all be found th· t f h nal determi r with the order of tha urt ~r _time is reasonabl na ion upon such hearing. may be reasonably n e comm1ss1on, the commiss/ nehessary for compliance 3078 r :_•t .· ecessary for such complia on s all grant such time as • , • • &.oUIU abons as to acti nee. mg, or SUit to set aside . ons. Presumption8 N • , vacate, or am d o action, proceed• en any 0rd er of the commission. b~ :h!\1 INDUSTRIA L COMM ISSION. '( j l ur to enJ oin t he en fo rcement thereof, shall be b·r ought unless the plaintiff shall have appli ed to the commi ssion for a hearing thereon at the time and as prov ided in § 3077, and in the petition therefor shall have raised every issue raised in such acti on. Every order of the commission shall, in every prosec uti on for violati on t her eof, be conclusively presumed to be just, reasonable, and lawful , unl ess pri or t o th e institution of the prosecution for such violati on an action shall have bee n bro ught to vacate and set aside such order, as prov ided in § 3087. 3079. Administ er oaths, certify acts, issue process. Duties of district courts. Each of the commissione rs and t he secretary of the commission, for the purposes menti oned in thi s tit le shall have power to administer oaths, certify to official acts, iss ue subpcenas, compel a ttendance of witnesses and th e prod ucti on of paper s, books, accounts, documents, and testimony. In case of the fa ilure of any perso n t o comp ly with any order of the commission or any subpcena lawfully issued, or upon th e re fusal of any ·w itness to testify t o any matter reg arding w hich he may be law fully interrogated, it shall be the duty of the di trict co urt of a ny coun ty in this state, on the application of a comm_i ssioner, to compel obedi ence by a ttachment proceedings for contempt, as 111 the ca e of disobedience o f th e requirements of a subpcena issued from such court or a refusa l t o tes ti fy therein. 3080 . . P~yment . of witnesses. E ach witness who •shall appear before t he comm1 ss1on by its order shall recei ve for his attendance the fees and mi leage now proYidecl fo r witnesses in ci vil cases in the district court 1· which sha ll be a udited and pai d by the state out of the state treasury in th e same mann er as oth er expenses are audited and paid, upon the presentation of properly ve rified vouchers approved by the chairman of the commission. But 110 witness subpcenaed· at the instance of · the parties other than the commission shall be entitl ed to compensation from the state for attendance or travel, unless th e commission shall certify that his testimony was mate,ial to the matter investigated. • Witness fees, § 2545. . 3081. Depositi?~s. The commission or any party may in any investigation cause depos1t1011s of witnesses residing within or without the state to be taken as in civil actions. Depositions, §§ 7163-7198. 3082. R~ord of proceedings. A ful_l a_nd complete_ reco~d shall be kept of c:11 proceedings had before the comm1ss1on on any investigation, and all te?tt!Ilony shall be takGn down by a stenographer appointed by the comm1ss10n. . ~083. Publication of rules. Publication of rules and orders of the comm1ss1on shall be made by the commission in pamphlet form to be furnished on de~and at the <;1ffice of the commission. The expenses oi' publication shall be audited and paid as are other expenses of the commission . 308~. Desig~atio~ of _agent~. Duties and powers. 1. For the ·purpose of making any investig_at~on with regard to any employment or place of emp!oyment, the comm1ss10n shall ~1a:7e power to appoint, by an order in writing, any memb~r of tl!e comm1ss1on, any deputy, or any other competent_pe:son _who 1s a resident of the state as an agent, whose duty sh 11 be prescribed 111 such order. o a 2. In the discharge of his duties such agent shall have everv 0 whatsoever of an inquisitorial nature granted in this title to the • P :ver and th f . comm1ss1on _e same_powers as a re eree appointed by a district court w"th d' 1 to takmg testimony. regar 3. The commission may _conduct any number .of such investi a • contemporane<;1usly througl! different agents, and may dele ate t~ tions agents t!1~ taking of all testimony bearing upon any investigati~n or h s!tch The dec1s1on of the commission shall be based upon its e • f earfmg. testimony and records. The recommendations made by sxaml ma ton o hall ' uc 1 agents s all �INDGSTRIAL COi\IMISSION. INDU STRIAL COMMISSION . be advisory only and shall not preclu?e th: ta~ing of further testimony if the commission so orders, nor further 111vestigat1on. 3085. Special and general attorneys. . The commissjon shall ~ave autliority to direct any deput): to act a? spec1a~ prosecutor m a~y ~ct! on,_PX:Oceeding, investigation, hearing, or tnal rel_at1_ng to matters w1th111 its JUrtsdiction. Upon the request of the comm1ss1011, the <;1ttorn~y -gene r~l, di~trict attorney, or the county attorney of the. c_ounty m _wh1_ch a_n y m v<:shgation, hearing, or trial had under the prov1s1on. o_f this titl e 1s pe~dmg. shall aid therein and prosecute, under the superv1S1on of th~ C?mm1ssion, all necessary actions or proc~edings for the en!orcem<:nt of this ti tle and all other laws of this state relatmg to the protection of life, health , safety, and welfare, and for the punishment of all violations thereof. . 3086. Orders not void for technical omission. A substantial com pliance with the requirements of this title shall be sufficient to give effect to the orders of the commission, and they shall not be declared in operative, illegal, or void for any omission of a technical nature in respect t heret o. 3087. Action to vacate orders. Procedure~ Any employer or other person in interest, being dissatisfied with any order of the commission , may commence an action in the district court of the county where the property, plant, or place of employment affected by such order may lie, aga inst the commission as defendant, to set aside, vacate, or amend any such order, on the ground that the order is unreasonable or unlawful, and the district court is hereby authorized and vested with exclusive jurisdiction to hear and determine such action. The commission shall be served with summons as in other civil cases. The answer of the commission shall be filed within ten da_ys after service of summons upon it, and with its answer it shall file a certified _trans:ript of _its reco~d in said matter. Upon the filing of said answe_r, said act10n shall be at issue, and shall be advanced and assigned for !nal by the court, upon the application of either party, at the earliest possible date. . 3088. Stay of court proceedings when commission has not determined s~u~. _1. If, up?n the trial of such action, it shall appear that all issnes ~nsmg m ~~ch action have n?t th~retofore been presented to the commission m the petition filed as provided m § 3077, or that the commission has not th~ret~fore. had ~mple opportunity to hear and determine any of the issues raise_d m said _action, or for any reason has not in fact heard and determined th issu~s ra1s:d, the court shall, before proceeding to render judgment, un ess_ t . e partfies to such action stipulate to the contrary transmit to the commission a u11 statement of such 1• · ' 1 sidered, and shall sta f h _ssue _or issues 1:ot adequate y confrom the date f y urt e~ r:iroceedmgs m such action for fifteen days stay as may be one~~~~;;~nsm1ss1on, and may thereafter grant such fu ~ther 1 1 • 2. Upon the receipt of such t t . . • . the issues not thereto£ • .ds a ement, the commission shall consider • • order complained ore cons1 rescmd its of . ered ! and . ma Y a It er, mo d"f 1 y, amen d , or thereon to said court with"1 t md said action, and shall report its order from the court, for f~rther ~ea~in ays from. the i:eceipt of the statement 3. The court shall th g and consideration. to raise the issues resultin er?pon rd er the J.?leading to be so amended as or rescision of the comm~si~o~ such alteration, modification, amendment, such action in the manner prov~1 Jrier, and shall thereafter proceed with • 3089 J,...:_.J! • e Y law for other civil actions. • ""-U)Ulchon of courts N0 . . court and the supreme court • court of this state, except the district vacate, set aside reverse re • on appeal, shall have jurisdiction to review, • • ' • vise, d or annul any order o f t h e C om~1s_s1on, or to suspend or delacorrect , am en., ~o enJo~n, res!rain, or interfere wifh th e execut_io~ or. operation thereof, or its official duties; provided that th t)1e comm1ss1011 in the performance of supreme court to the com~issio .e wlrl1t of mandamus shall lie from the said n m a proper cases. ° J 3090. Power of. court to suspend orders. Bond. The p--ndency of an action to set as ide vacate or amend an order of the commission shall not of itself stay or Sl;spend th e operati on of an order of the commission; hut, duri ng t he pendency of said action, t he said di stric~ court in its dis:r~tio? may stay or suspend, in whole or in part, th e operat10n of the comm1s~10.n s order. But no orde r so staying or suspe nding an order of the com':Il-1ss1on shall be made by the said court otherwise than upon three days' notic_e and after hearing . In case the order is stayed or suspended, the order of the court shall not hr.come effective until a suspending bond first shall have been executed and filed in the action and approved by the court or the cl~rk thereof, payable to the state of Utab, and sufficie11t in amount and security to insure the prompt payment by the pa rty petitioning to set aside, vacate, or amend such order of all damages caused _by the delay in the enforcement of the order of th e commission. 3091. Proceedings have preference. Exceptions. All actions and proceedino-s under thi s title, and all actions or proceedings to which the commission o~ this state may be parties, and in which any question arises under this title or under or concerning any order of the commission, shall be preferr ed over all other civil cases, excep t election causes and causes involving or affectinO" the public utilities commission, irrespective of position on the 0 calenda r. The same preference shall be granted upon application of the attorney of the commission in any action or proceeding in which he may be allowed to intervene.. • 3092. Penalties. If any employer, employe, or other person shall violate any provisions of thi s title, or shall do any act prohi~i!ed by ~hi~ title, or shall fa il or refuse to perform any duty lawfully enJoined, within _th~ tim e pre scribed by the commission, for which no penalty has been S_Pec1fically provided, or fail, neglect, or refuse to obey any lawful order given ?r made by the commission, or any judgment or decree made by any court in connection with provisions of this title, for each such violation, failure, or refusal such employer or other person shall be finP.d not less than $50 nor more than $1000 for the offense, and not less than $100 nor more than $5000 for each subsequent offense. 3093. Designation of violations. Every day during which any persoi;, persons, or corporations, or any officer, agent, or e~p_loye the~eof, shall fat! to observe and comply with any order of the comm1ss10n, or to perform any dt1-ty enjoined by this title, shall constitute a separate and distinct violation of such ord_er, or said section, as the same may be. 3094~ Statements by employers. Penalty for failure. Every employer shall furnish the commission, upon request, all information required by it to carry out the purpose of this title. In th~ month of January of each year, every empioyer shall prepare and mail to _t~e commission. at ~he state capitol, Salt Lake City, Utah, a statement contai_mng the follo:"'mg information, viz : the number of employes employed durmg the preceding year from January 1 to December 31, inclusive; the number of su:h employes employed . at each kind of employment; and the scale of wages paid to each class of em plnvment showing the minimum and maximum wage paid, and the aggre• gat·e amo~nt of wages paid to all employes; which inforn~atjon shall ~e furnished on ·a blank or blanks to be prepared by the commission; and 1t shall be the duty of the commission to furnish such blanks to employers free of charge upon request therefor. • Every employer shall cause said blanks to be properly filled out so as to ans~ver full:y: and cor~ectly all quest~ons therein propounded, and to give all the_ m_for~at10~ ~herem sought, or ~£ unable to do so, he shall give to the co~m!ss10n, m wnt~ng, goo<;I and suf?.c1ent r~asons for such failure. The comm1ss1on may reqmre the mformation herem required to be furnished to be certifie~ under oath and returne~ t_? the commission within the period fixed by 1t or by law. T~e _comm1ss1on, or any member thereof, or any person employed by the comm1ss1on for that purpose-, �I TDUSTRIAL COlVLM I SSION. INDUSTRIAL COMMISSION. shc>.11 have the riaht to examine, under oath,f any employer or . the offic t'r, b • • agent, or employe the:eof, f~r the purpos~ o ascert~mmg any m fo rmation which such employer 1s reqmred by this title to furnish to th e com missio Any employer who shall refuse to furnish to the :ommission the annu~i s~atement herein req~ired, or who shal~ r~fuse to furmsh s?ch oth er information as may be reqmred by the comm1ss10n under authority of this section or who shall wilfully furnish a false -or untrue statement, shall be liable t~ a penalty of not to exceed $500 for each offense, to be collected in a civil action brought again st said employer in the name of the s tate · a ll such pena~ties, when collected, shall be paid to the state insurance fun d h ereina fter provided for. 3095. State ins~rance fund. There is hereby created a fund , to be kno:wn a~ t~1~ state msurance tund, for the_pu:pose of insuring employers agamst ha~1hty for compensation tmd_er this title, and of a ssu ring t o the perso~s e1;t1tled thereto the compensat10n provided by this title. Such fund sh;i.11 consist of all premiums and penalties received and paid into the fu d of P:operty and securities acquired by and through the use of moneys ~e~ longmg to the _fund, a~d of interest earned upon money belonging t o the fu!1~ and deposited or i!1v~sted. as her~in. provided. Such fund shall be admmistered by the commission without liability on the part of the sta t e beyond ihe amount_ of such fund. Su~h fund shall be applicable to the payment of osJesfsustamed ~n account of msurance and to the payment of compensa tion an o expenses m the manner provided in this title. 3096. Administration of fund It h 11 b h to conduct the b 1• • . s a e t e duty of the commission th e -~t~te J11 st1 dance fund, and it is hereby vested with full authori~; are necessary or convenie;t s_ai un • a~ . may_ do any and all things which I with the insurance business t le adn:imd1stration_ thereof, or in connection 0 this title. e carne on by it under the provisi ons of 1 ~!:~ ~t 1 3097• Classification of em I •• state i_nsurance fund shall be <livid ~y:;en~s. Emp~o~ments insured in the the said fund into classes S e Y t e commiss10n, for the purpose of collected anci' expended in· res epa;ate .accounts shall be kept of the amounts termining equitable rates. burl to each such class for convenience in clestate insurance fund shalt' be d or t~e purpose of paying compensation the shall have power to rearrang eeme f one and indivisible. The commission ployment embraced in it and~ any£ 0 . th e. classes by withdrawing- any emclass. The commission shall d r~ns e_rrmg it wholly or in part to any other and fix the rates of premium tie ertme th e hazards of the diff rent classes, ber of employes in each of su he~e or, based upon the total pay1:oll and nu111rate consistent with the mai~t c asses of employment, at the lowest possible the creation of a surplus a d enance of a solvent state insurance fund and sys t em o f scl1edule rating in ns reserve •' a n d f or such purpose may adopt a h hazard of such individual ristc a manner as to take account of the peculiar 0 The rate establish d • established rate tor 11 11>so facto becomes the under this title. Insurers doing business ! , olfltanhton Leasing Co. v. Industrial com. a ' 60 U. - ; 170 P. 976. 3098 • • ffi . l • Comn11ss1on may sue and b cia i:iame, sue and be sued in all e sued. .The commission may in its proce~dmgs arising out of anythin ~he courts of the state, in all actions or !tate msu~ance fund or business r~I f.ne oh suffered in connection with the ny . mem er of the commission a mg t ereto. Service of summons on service on the commission. or the secretary thereof shall be deemed 3099. Contracts as tO • ficial nam k msurance fund Th e, ma e contracts of ins • e commission may in its of~~~~ra~tse r;lati!1~ to the state insu~~~~~ef as lerein provided and ;uch other rovi s1?ns of this title. un as are authorized or permitted 31 00. Deputies p oroper de ut. • owers delegated. Th . . . ·P ies and may delegate to such d e C?mmiss1on may act through . eputtes sui;h powers as it deems 0 necessary or convenient . Among the powe rs which may be so delegated shall ~e t_h~ power t o enter in to contracts of insurance, insuring employers against li ah1 li ty fo_r compensatioi:i a~ herei n provided and insuring to employes t~e compensa t1 on fixed by t hi s title; also t he power t o make agreements for the settlement ?f claims aga inst sa id fund fo r compensat ion for injuries in accordance with the prov isions of this title; also th e power to determine to whom and t hrough wh om payments of such co mpensation shall be made; and _also t he power to contract with physicians, surgeons, and hospitals for 1:1ed1cal and surgic~l treatment and care an d n ur sing of injured persons entitl ed to compensat1011 fro m said fund . 31~1. ~ oli<:y of insu~ance.' Payment of premiums. 1. Every employer msunn g m the state msurance fund shall receive fr om the commission a ~01:tract or policy of insurance in a fo rm t o be approved by the state comm1 ss1on. 2. Except as othe r wise prov ided in thi s title, all premi um s shall be paid by every employe r who elects to insure with the st at e insurance fund to the commission ?n or before July 1, 1917, and semi-annually thereafter, or ·at such . other ti mes as may be prescribed by the co mmiss ion . Receipts shall . be g1Ye11 for such payments and the money shall be paid over to the state tr ea sure r to t he credit of the state in surance fu nd. . 3102. Withdrawal from fund. Any employer may, upon complying with subs . 2 or 3 of ~ 3114, withdraw from th e fun d by turning in his insurance contract or policy fo r cancellati on ; provided, he is not in arrears for premiums due to th e fund and has given to the commission written notice of hi s intent ion to withdraw before the expiration of the period for which he has elected to insure in said fund . 3103. Reinsurance. T he commis sion may reinsure any risk, or any part thereof, and may ent er into agreements of reinsurance in the same way and to the same extent as other insurance carriers. 3104. Requirements in fixing rates. The commission shall observe the follow ing requirements i'n classifying and fixing the rates of premiums for th e ri sks of the same : 1. It shall keep an accurate account of the money paid in premiums by each of the several classes of occupations or industries, and the expense!: of administering the state insurance fund, and the disbursements on account of injuries and death of employes in each of said classes, including the setting up of reserves adequate to meet anticipated and unexpected losses, and to carry the claims to maturity; and it shall also keep an account of the money received from each individual employer, and the amount disbursed from the state insurance fund for expenses and on account of injuries and death of the ·employes of such employer, including the reserves so set up. 2. Ten per cent of the money paid into the state insurance fund shall be set aside for the creation of a surplus until such fund shall amount to the sum of $100,000, and thereafter 5 per cent of all the money paid into the state iµsurance fund shall be credited to such surplus fund until, in the judament of the commission, such surplus shall be sufficiently large to cov~r the catastrophe hazard and all other unanticipated losses. The commission shall also set up and maintain a reserve adequate to meet the anticipated losses and carry all claims and policies to maturity. The amount of such surplus and reserve shall be subject to the approval of the state commission. 3. At the end of every year, and at such other times as the commission in its discretion may determine, a readjustment of the rate shall be made for each of the several classes of employments or industries. If at any time there is an aggregate balance remaining to the credit of any class of employment or industry, which the commission deems may safely and prope rly be divided, it may, in its discretion, credit to each individual member of such class who shall have been a subscriber to the state insurance fund for a period of six months or more prio_r to the time of such readjustment, such �INDUSTRIAL COMMISSION. proportion of su.ch bal~nce as he is prop~rly entitled to, havi ng regard to his prior paid premtums_smce the la~t read3ustment of rates.. . . 4. Should any such accountmg show a balance rem a m mg t o the credit of any class of_ occupation or industry, after the above- m entior,ed amounts have been credited to the surplus and reserve fund, .and a fter the paym of expense of administering said fund and th~ payment of a ll a wards ?t all injuries or deaths lawfully charg:eable agai_nst_ !he same, t he premiu: rate for such clas_s shall be reduce_d; and each mdiv1dual ~f such class who has been a subscnber to the state msurance fund for a pe riod of six month or longer prior to the time of such readjustment, and whose premium Os premiums so paid to the fund exceeds the amount of the di sbursements fro~ the fund on account of injuries or deaths of his employes during such period shall be entitled to a credit on the instalment or instalm ents o f premiu~ ne_?Ct due from him, the amount_ of '.vhich _credit s_hall be such p roportion of said balance a_s the a~ount o~ 111s prior paid premm~s sustains to the whole amount ~f said premmms paid by the class to which he belongs since the last readjustment of rates. • 3105. _R~es and regulations as to insurance fund. W age expenditures. The_ comm1_ss10n shall adopt rules and regulations with r espect to the collec~10n, mamtenance, and disbursement of the state insurance fund one of which rules shall provide that, in the event the amount of premi~ms collected !rom any employer at the beginning of any period of six months is ascertamed_ and c~lculated by using the estimated expenditure of wages for the penod of time covered by such premium payments as a basis an adJUS!rr:ient of the amount of such premium shall be made at the end 'of such pert0 ' ~id 1he actual amount of such premium shall be d etermin ed in accordandce :vitth t e amount of the actual expenditure of wages for said peric•d; an , m e event such wag d't f • · · h h . e expen 1. ure or said period 1s less than t e amount on which shall be entitled tsuc es_timated premmm was collected, then such employer O difference betw t~eceive a refund from the state insurance fund of the to be actuall deen e amount so paid by him and the amount so found ceeding preniiu ue, or have th e amount of such difference credited on suewhen ascertain~ pay~ents ~t his. option, and should such actual premium. such employer at ~~ a bor~sai?, exceed in amount the premium so paid by being advised of th et egmnmg of such period, such employer shall, up0n the state treasurer !n rue amount of such premium due, forthwith pay to actually found to b imount equal to the difference between the a~o~nt of said six months' ;eri~d a nd the amount paid by him at the beginning 3106. State tr • shall be the custod~ury to be custodian of fund. The state treasurer 1 therefrom shall be ~~d ob th ~ state insurance fund, and all disburseme-,~ts commission of Uta~ d Y. him upon vouchers · authorized by the industrial secretary thereof. an signed by a member of the commission and th e 3167 • Manner of de • · · any portion of the fu d posit. Interest. The state treasurer shall deposit nd a subject to all th n n~t. needed for immediate use in the same manner funds by such treasuer!r,r.ov1S1o~s of law with respect to the deposit of state collected upon such d ' f:rovzded, that the best int~rest obtainable shall be state insurance fund :posits, and all interest earnei by such portion of the :hce of. _the authority hem~y b~ deposited by the state treasurer in pursue credit of such fund rem given shall be collected by him and placed to 3108. SurpJu • . invest an O f s rnay be invested Th r to in b Y the surplus O e commission shall have powe d • of onds of the United St tr reserve belonging to the state insurance fun any county, city to a es or federal land banks of the state of Utah, o~ :~:~~\1c,rices for ;uch~~n~: _scho?l district of the ~tate of Utah, a;. cur~e~o inv per cent of the c , or in first mortgages on real estate at no r estment be authorized bsh value thereof; provided that such purchase od Y a resolution adopted by the commission an INDUSTRIAL COMM ISSION. approved by th e state board of examiners; and it shall be the duty of the boards or offic ers of the several taxing districts of the state, in the issuance and sale of bonds of th eir r espective taxin g districts, to offer in writing to th e co mmission, prior to adverti sing th e same for sale, all such issues <;>f the taxing districts so issuing such bonds; and said commission shall, withm ten days after th e receipt of such written offer, eith er accept the same and purchase such bonds or any porti on th ereof at par and accrued interest, or reject such offer in writing ; and all such bonds so purchas ed forthwith shall be plac ed in t he hands of t he sta t e t reasure r, who is hereby designated as custodian thereof, a nd it shall be his duty to collect t he in terest th ereon as the same becomes du e and payable, and also t he principal thereof, and to pay the same, wh en so collected, into th e state insurance fund. The state treasurer shall honor and pay all voucher s draw n on the state insurance fund for the purchase of such bonds when signed by any two members of the commission upon delivery of said bonds to him when there is attached to such voucher a certi fie d copy of such r esolution of the commission authorizing the purchase of such bonds; a nd th e comm ission may sell any of said bonds upon like resol ution, and the proceeds th ereof shall be paid by the purchaser to the state treasurer up on delivery to him of said bonds by the treasurer. 3109. Separate bond by treasurer. T he state treasurer shall give a separate and additi onal corpo rate sure ty bond in such amount as may be fixed by the governo r, conditioned upon the faithful performance of his duti es as custodia n of the state insura nce fu nd. The premium of said bond ·shall be paid ou t of the state insurance fund. 3110. Employers subject to this title. The following shall constitute em ployers subject to the provisions of this title: 1. The state, and each county, city, town, and school district therein. 2. Every person, firm , and pri vate corporation, including every public utility, that has in service four or more workmen or operatives regularly in the same business, or in or about the same establishment under any contract of hire, express or implied, oral or written, except agricultural laborers and domestic servants; provided, that employers who have in service less than four employes shall have the right to come under the terms of this title by complying with the provisions thereof, and all the rules and regulations of the commission. The term "regularly" as herein used shall include all employments, whether continuous throughout the year or for only a portion of the year. It means all employments in the usual course of the trade, business, profession, or occupation of ari employer. 3111. Employe, workman, and operative. The term "employe," "workman," and "operative," as used in this title, shall be construed to mean: 1. Every person in the service of the state, or of any ·county, city, town, or school district therein, including regular members of lawfully constituted police and fire deparments of cities and towns under any appointment or contract of hire, express or implied, oral or written, except any elective official of the state, or of any county, city, town, or school district therein, or other official· receiving more than $2400 per year salary. . 2. Every person except agricultural laborers and domestic servants in the service of any person, firm, or corporation, employing four or more workmen or operatives regularly in the same business, _o r in or about the same establishment .under any contract of hire, express_or implied, oral or written, including aliens, and also including minors .who are legally . permitted to work for' hire· under the ·laws of the state, l;>i.it not including any ·p·erson whose employment is but casual, or not in the usual course of trade, business, profession, or occupation of his employer. 3112. Construction of terms. The following term, as used in this title shall be construed as follows : 1. The term "order" shall mean and include any decision, rule, regulation, direction, requirement, or standard of the commission, or any other determination arrived at or decision made by such commission. . �INDUSTRIAL COMMISSION. I IDUSTRIAL COMM ISSION. 2. The term "general order" shall m ean and include such order as applies generally throughout the state to all persons, employments, o r pla ces of employment of a class under th e jurisdiction of tl~e commiss ion . All other orders of the commission shall be considered special orders. 3. The term "welfare" shall mean and include comfort, decency, a nd moral well-being. 4. The terms "safe" and "safety," as applied to any employment or a. place of employment, shall mean such freedom from danger to life, health, safety, or welfare of employes as the nature of the employment will r easonably permit. • 5. The words "personal injury by accident arising out of and in the course of employment" shall include an injury caused by the wilful a ct of a third person directed against an employe because of his employment. T hey shall not include a disease except as it shall result from the injury. 6. The term "compensation" shall mean the compensation and benefi t s provided for in this title. • 3113. Payments of compensation. If a workman receives persona l in jury by accident arising out of and in the course of his employment, hi s employer or the insurance carrier shall pay compensation in the amounts and to the person or persons hereinafter specified. 3114. Securement of compensation: Insurance associations subject fo rules. Employers, but not including municipal bodies, shall secure compensation to their employes in one of the following ways : l. By insuring and keeping insured the payment of such compensation with the state insurance fund; or 2. By insuring and keeping insured the payment of such compensation with any stock corporation or mutual association authorized to transact the business of workmen's compensation insurance in the state; or • 3. By furnishing to the commission satisfactory proof of financial ability to pay direct the compensation in the amount and manner and when due as provided for in this t itle. In the latter case the commission may in its discretion require the cieposit of acceptable security, indemnit~, or bond to secure the pay1:1ent of compensation liabilities as t!1ey are mc~1rred. All stock ,corporations . or mutual associations ·transactmg the busmess of wo:kmen_s compensat;on insurance in this state under the terms of sub. 2_ o ~ this ?ect10n shall be subject to the rules and regulations of the comm1ss1on with respect to rates to be charged, and methods of compensation to be used._ Th I f the section Is mandatory e anguage O , . and not merely permissive, and a 11 erp1f l ;i~: shall ln advance secure the paymen 1° compensatlon to which any one of the r employes may become entitled under this chapter; and the Industrial Commission may Invoice the aid of the courts to compel companies to comply with the terms or the act. The Industrial Com. v. Daly M. Co. ; 51 U. - ; 172 P. 301. This title ls const,tutlonal so far as It authorizes the indus trial commission to fix a minimum rate for all Insurers unde r this act, d the commission ls justified Jn not recelv~n vldln for a lower rate m~ a p~I IcyL~~~lng v the lndus t r!O:J Com .. P ~ • • cran ?n 50 U . - , 170 • 9 1 6• &, . 3115. Notice to be filed. If the in's urance so effected is not ".Vit}1 t~e state insurance fund, the employer shall forthwith file w ith t_he commisswn 111 form prescribed by it a notice of his insurance, together with a copy of the contract or policy of insurance. 3116. Policy to cover entire liability. Every policy of insurance covering the liability of the employer for compensation, wheth~r. issued by. the commission or by a stock company, or by a mutual associat10n ~uthonzed to transact workmen's compensation insurance in this state, .shall cover the entire liability of the employer to his employes covered by the policy or contract, and also shall contain a provision setting forth the right of tht> employes to enforce in their own names, either by, at any time, filing a separate claim or by, at any time, making the insurance· carrier a party to the original claim, the liability of the insurance carrier in whole or in part for the payment of such compensation; provided, however, that payment i_n wh ole or in pa r t of s uch compe nsation, by either th e employer or the insurance carrie r, shall, to the extent thereof, be a ba r t o the recovery against the other of the a mount so paid. Secs. 3116 -3118 are di scussed In Scranton Lea s ing- Co. v. Indus t rial Com ., 50 U. -; 170 P . 97G. 3117. Notice as to injury. Jurisdiction and effect of award. Every such poli cy an d contract shall contai n a provision that, as between the employe and th e in surance ca rr ier, the notice to or kn.ow ledge of the occurrence o-f t he injury 0 11 the part o f t he emp loye r shall be deem ed notice or knowledge, as th e case may be, 0 11 the part of th e ins urance carrier ; that jurisdicti on of th e employer shall, fo r the purpose of thi s title, be jurisdiction o f th e insurance carrier, and that the insurance carrier shall i.n all things b e bou nd by and subject tp th e orders, findi ngs, decisions, and awards rendered again st t he employe r fo r t he payment of compensation under the provi ions of t hi s title. • 3118. Insolvency of employer not to relieve insurance carrier. Every such policy a nd contract shall contain a provision to the effect that the insolvency or ba nkruptcy ·of the employe r, and hi s discharge therein, shall not r eliev e the insurance carrier from the payment of compensation for injuries or death sus tained by an employe during the li fe o f such policy or contract. 3119. Insurance by county, city, town, or school district. Each county, city, t own, or school district which is li able t o its employ_es fo~ compensation may in sure in the s tate in surance fund or pay compensation direct. 3120. PYoportion of contribution by state to fund. The state shall _cont ri bute t o the state insu rance fund in proportion to the annual expenditure_ of m oney by it for t he se r vice of persons in the employ of the state described in sub. 1 of § 3111, th e am ount of s_u ch paymen_ts and the method of makinO' the same t o be determined a s heremafter provided. 3121. Rate a~d manner of payments by state. Estimates sub~itted to governor. In the m onth of January in th~ year 1918, th~ state auditor shall draw his wa rrant on th e state treasurer, 111 favor of said tr~asurer _as custodian of t he st ate insurauce fund, and for deposit to the credit of sa!d fund , for a sum equa l t o 1 per cent of the amount of mo'.1ey expended by the state duriiw t he last preceding fiscal year, for the ser.vice <?f persons m the e~ploy i f the state, which said sums are _hereby appropriated and made available fo r such payments; and thereafter m the mo1:th _of January of ~ach year, such sums of money shall in like manner be _paid_ mto the state msurance fund as may be due according to the rate for and ms_ur~nce as fixed b:z the • • d ·t shall be the duty of the comm1ss10n to commumcate commiss10n ; an i h . f l 1 r session to the governor, three months before t e convenmg o eac 1 regu a of the legislature, an estimate of the aggregate ~mou1:t of_ money _necessary to be contributed by the state during the ensnmg b1enmum as its proper portion of the state insurance fund. to be comp~nsated. Every em3122• E mp l oyes coVered by state fund . d 1 • • • d b •ploye covered by insurance in the state mcura~ce fun , w 10 1s mJure , y ·d • • t f and in the course of his employment, and the deacc1d ent arfismgl ou o Hlled provided the same was not purposely self:peA1· en~s o • suc lt as Ja7 19i7 shall be paid such compensation out of the mt t1ct~ ' on or af erd fuory l~ss su~tained on account of such injury or death s a e msurance un .1d • h d·caJ · nurse • . ·c1 d . tl • t·t1e and shall be entlt e to receive s~1c me t , , , .as is p1 ov1 e m 11s t , . . d ch amount ot funeral expenses and hospital services and m_ed1c111es, ~n . su . d tes Except in case of death as are provided by this t1tlle.ed b l 3 . p . t O t te fund regu at y c ass an ra • ( . pt the state) who shall have s a 123. • ayments m 1 ~s herei1;1after provid~d, every 1mp/Yrall efi~\he month of July, 1917, and msu;ed 111 the state msurance ·nt~~ th: st;te insurance fund the amount ~f ·sem1-annually thereafter, pay 1 b ·ssion for the emJ>lovment or • .d • d • d d fixed y t 11e comm1 Premmm etermme an t of which premium to be so pat occupation of such employer, t 11e amoun 1 �I ·--- INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. by each such employer to be detenni~1e1 by the classifications, rules, an_d rates made and published by the comm1ss101~ ; and su~h employer sl:a ll se m1annually thereafter pay such furth er sum 01 _money mto _the state msurance fund as mav be ascertained to be due from 1rnn by applymg the rule s of th e commissio1{, and a receipt or certificat e certifying that such pay me1:t _h as been made shall immediately be mailed to such employer by the comm1ss1 on, which receipt or certificate, attested by th e seal ~f the commission, shall be prima facie evidence of the payment of such prcmmm. 3124. Substitute systems of insurance. Requirements, termination, and benefits. Subject to the approval of the commission, any employer may enter into or continue any agreement " ·ith his employes to provide a · system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this title. No such substitute system shall be app roved unless it confers benefits upon injured employes and their dependents, at least equivalent to the benefits provided by this title, nor if it requires contributions from the employes unless it confers benefits in addition t o t hose provided under this title at least commensurate wi_th such contributions. Such substitute system may be terminated by the commission on rea sonable notice and hearing to the interested parties if it shall appear that the same is not fairly administered or if its operation shall disclose defects threatening its solvency, or if for any substantial reason- it fails to acco mplish the purposes of this title; and in this case the commission shall determi ne upon the proper distribution of all remaining assets, if any, subject t o th e right of any party in interest to take an appeal as in other cases of appeal from the orders of the commission. Any employer who ·makes a deduction for such purposes from the wages or salary of any employe entitled to the benefits of this title shall be guilty of a misdemeanor; pro vided, that, subject to the supervision of the commission, nothing in this title shall be construed as preventing the employer and his employes entering, and it shall be lawful for them to enter, into mutual contracts and agreements . respecting hospital benefits and accommodations and medical and surgical services, nursing, and medicines to be furnished the employes as in this title provided; but no profit, directly or indirectly, shall be made by any employer as a result of such contract or agreement, the purpose and intent of this title in such respect being that, where hospitals are maintained and medical and surgical services and medicines furnished by the employer from payments by or assessments of his employes, such payments or assessments shall be no mo:e or ~reate_r than n~cessary to m_ake such hospital benefits and accommod~ttons, mcluding surgical and med1_cal services and medicines, . self-support!ng for the care and treatment of h1s· employes, and all sums received or retamed _by the employer fro1;1 the employes for such purpose shall be paid ~nd applied ~hereto; and provided, further, that such hospitals so maintained m who)e or m_part by payments or ass_e~sments of employes shall be subject to the mspect10n an~ under the superv1s1on of the commission as to services and treatment rendered such employes. 31~. Tax . on ~ployers no~ insuring in state. fund. Employers who d_o not msur_e e1ther ..m _the state msurance fund or. with any stock corporation or mutual ~ssoc1~t10n shall pay a t~x of the same per cent as required by law to be p~1d by msurance_ compames upon their premiums, based uoon '.111. amoun~ eqmvalent _to premmms which would be paid ·by such employer 1f msured m the st~te_msurance !u~d; said tax to be computed and collected by the state comm1ss1on and patd mto the state treasury. 3126. • Compensation to w~rk111:en hired or injured in or out of state. If a'd workman • • by • • who hasf been. hired m this state receives person a J tnJury ace~ ent ansmg qut ~ and m t_he course of such emplyoment, he shall be entitled accordmg • · h. t·to1 compensation • , to the law of this state as p rov1'd ed for h m t 1s 1t e, even t oug11 such. m1ury was received outside of tl11s • s t a t e. If d . a wor k_ma~ w ho h as b, een h_ire outside of this state is .injured while engaged m his employers busmess, and is entitled to compensation for such injury£ under- t~ e la ,': of the stat~ wh~re he was hired, he shall be entitled t o en orce agamst 111s employer his. rights in this st a t e 1'f h'1s ng • h ts are sue h • · t I1a t t I1ey can r easona b ly be determined and dealt with b th · ' . e comm1ss1on and th e court in thi s state. ! 1' l . 3127. Conditional. liability of employers. Rights of dependents. • Election of remedy. Duties ~f commission and insurer. Deficiency payment. Empl oye: s who comp ly ,y1~h ~he provisions of § 3114 shall not be liable to : espond m da1:1~ge? fo r 111Jtmes sustained by their employes not resulting 111 death . For 111Junes_, however'. r esulti_ng_in death, the dependents of the deceased employe ~re g iven th e n g ht, w1th111 such time as the commission by ru_le sha ll pre cnbe, to elect (a ). betw een bringing suit at law against such employer to recove r damages fo r such death and in the event of suit said dependents mus_t prove neglig ence on the employer's p~rt before they can recover, or (b) t o accept the benefi ts allow ed to dependents of deceased employes by this title in t he event o f death. If they elect (b) they shall not be entitled to sue such employer at law to recover damages. If they elect (a ) th ey thereby fo rfei t any ri ghts to compensation under this title, and in a suit at law shall not be entitled t o recover damages from such employer if th e deceased employe wa s hims elf g uilty of contributory negligence, or • if he assumed the risk, or if hi s death was due in whole or part to the negligence of a fellow se rvant. If th e dependents of the deceased elect to sue as herein provi ded, and in such suit recover judgment against '"he employer, then the comm iss ion shall determine the amount to which the plaintiffs in such suit would be entitled by accepting the provisions of this title, and pay the sa me t owa rd the satisfaction of the judgment so rec:overed, if th e employer against whom the judgment is recovered was, at .the time the injuries ca usi ng the death were received, insured in the state iustirance fund ; otherw ise such judgment shall be paid by the employer or_ his insurance ca rri er. A ny deficiency shall be paid by the employer agamst whom the judg m ent is recovered. • 3128. Notice of authorization to be posted by employers electing fo pay direct compensation. Each employer providing insurance or _elec~ing directly to pay compensation to his injured or the dependen~s of ~ts killed employes as herein provided, other than the empl~yer; ment10ne~ m snb. 1 of § 3110, shall post in conspic_u ous places about his jJlace of b1;11,mes~ typewritten or printed notices stating the fact that_he ~as comphl!d w1t~ ~he provisions of this title and all of the rules and :egulat1ons of the c?mm1_ss10n made in pursuance thereof, and has been authorized by the comm ,ss10n direct• ly to compensate such employe_s or dep~ndents, and the same, when so posted, shall constitute sufficient notice to hts employes d the fact that he has complied with the law as to securing compensation to his e·nployes and their dependents. . . • -, 3129. Employers not entitled to benefits durmg penod o~ noncompliance. Certain defenses unavailable. Employers who shall fat! to compl_y with the provisions of § 3114 shall ~ot b~. entitled to t~e,_~enefits ?f this title during the period ·of non-comp!tance, ~ut shall be ha~ " to their employes or the dependents of their emr}?~es m case of d_eath or damage suffered l,y reason of personal injuries ansq1g out of and 111 the course of employment caused by the wrongful act, neglect, or default ·of the employer or any of the employer's officers, agents, or employe~, .an_d also to. t~e personal representatives of such employes where death rcsm~s from ~uch m1un~s. And in such action the defendant shall not avail himself or itself of either of the following defenses: The defense of the fello~v-servant r~tle, the defen~e of the assumption of risk, or the defense of co~tnbuto~y negh~ence: And m all such cases proof of the injury shall constitute pnma fac1e evidence of negligence on the part of the employer and the ~urd~n shall ~~ upon the employer to show freedom from negligence re~u~tt_ng 111 such m1ury. :t\.nd tuch employers shall also be subject to the prov,s1ons of the two sections next succeeding. �INDUSTRIAL COi\UvIISSION. 3130. Rights of employe when employer fails to comply with title. Procedure. Prosecution or compromise of suit. Any employe whose employer has failed to comply with the provisions of § 3114, who has been injured by accident arising qut of and in the course of his employment, wheresoeYer such injury has occurred. and which \\"as not purposely self-inflicted, or his dependents in case death has ensu ed, may, in lieu of proceeding again st his employer by civil action in the courts, as provided in the last preceding section, file his application \Yith the commission for compensation in accordance with the terms of this titl e, and the commission shall hear and determine such application for compensation in like manner as in oth er claims before the commission: and the amount of the compensation which said commission may ascertain and determiue to be due to such injured em ploye, or to his dependents in case death has ensued, shall be paid by such employer to the person entitled thereto \Yithin ten days after receivin g notice of the amount thereof as fixed and determined by the commission ; and in the event of the failure, neglect, or refusal of the employer t o pay such compensation to the person entitled thereto , within said period of t en days, the same shall constitute a liquidated claim for damages again st s uch employer in the amount so ascertained and fixed by the commission, whi ch, ,yith an added penalty of SO per cent, may be r"ecovered in an action in th e name of the state for the benefit of the person or persons entitled t o th e same. The commission shall adopt and publish rules and regulation s g overning the procedure before the commission provided in this section, and shall prescribe forms of notices and the mode and manner of serving t he same in all claims for compensation arising under this section. Any suit, actio~, or proceeding brought against any employer under the provisi ons -of tlus sec!1on may be compromised by the commission, or such suit, acti on, or proceedmg may be prosecuted to final judgment as in the discretion of th e <:ommission may best subserve the interests of the persons entitled to r eceiYe such compensation. . 3131. Procedure in case of default by employers. Action by attorneygene~al. If any em~loyer shall default in any payment required to be made by 111111 to the state msurance fund, the amount due from him with interest the~eon a~ th_e rate of 12 per cent per annum shall be collected by civil acti on agamst hi~n !n the name of the state as plaintiff: and it shall be the duty o f the comm1ss1011 on the first 1fonday in August, 1917, and on the first M onday of each month _thereafter, to certify to the attorney-general of the state !he names and residences of all employers known to the commission to be m default for such payments for a longe_r period than five days, and the amount due from each_such employer,"and 1t shall then be the duty of the• attorney-gener~l. fort~w1t~ to brmg or cause to be brought against each such employer a c1v1l action m the proper court for the collection of such amount so due, and the same w~1en coll~cted shall be paid into the state insurance fund! ~nd each employers compliance with the provisions of this title reqm.nng payments to be made to the state insurance fund shall date from the time of the payment of said money so collected as aforesaid to the state treasurer for credit to the state insurance fund. 3~32. Right to recovery un~ei:: this title exclusive remedy. Exceptions . • ihe. r(gh_t to rec<?ver compensation pursuant to the provisions of this title or 1111unes sustamccl bv an employe shall be the l • d · the• employer , except tl1 a't .w l1ere ti1e m1ury . . . exc us1ve reme y , agamst is db . ~aus~ Y t 11c employers wilful misconduct and such act causing such in· employer himself, or if the emplover b Jury is t 1e _Personal act of the of the partners, or if a corporati~n e a partnership, on the part of one O officers thereof, and such act indicate n th ~ part_ of an elective officer or or bodily safety of employ;s such in' s ~ wilful disregard of the life, limb, claim compensation under tiiis title 1i;e e_mpl.oye may,. at his option, either ages. The term "wilful misconduct" mamtalm an ~ctioi: at law for dam' as emp oyed m this section shall be INDUSTRIAL COMMISSION. constru ed t o m ea n an act doi1e l· . • t o f lllJUrmg • . . ~nowmgly and )) urpose 1y with . a nother . ' the direct o bJee 3133. Election as to r.e medy A . • . • an emp loye en t it led t o compens~tions:~~nment_ of _cause. _C?mpromise. If by th e n eglio-ence or w rono- of anotl . de_r th1 s title be 111JUred or killed empl oye, or in case o f death his de 1e1 ~ot m the same employ, such injured shall! before any ~uit_ or claim und er thi titl e. elect wh~th~r to tfl~~ pursue hi rem edy against such other. Suclt1~at1?n under this ~1tle or :o such m a nn e r as t h e commi ssion b e ectwn shall be evidenced m may y ru Ie or reo-uiation p "b If h el ect to take compensa tion under this title ti "' f . rescn _e. e otlt er shall be a igned t o the state for t'h 1be catfiiste of alct10n ag<l:mst such · e en e o t 1e state msurance f d 'f un , '. COmI;>e1:sat1o n be paya?le t~1erefrom, a nd otherwise to the erson 01 as sociation o r corpora t1on li able for tl1e pav 111 e11 t of h p • d 1•f I1 I '; sue compensati on, an c e _e c~ t o proce ed against such other, the state insurance fund perso n, or as s?cia t10~, or corporation, as the case may be, shall contribut~ onl y th e deficie ncy, if any, between the amount of the recovery against such oth er J?er~o n act ually collected, and the compensation provide.cl or estimated by t hi s titl e fo r such case .. Such a cause of action assigned to the state may be pro ec uted o: compromi sed by the commission. A compromise of any such ca use of ac_tion by t~1e employe or his dependents at an amo_unt Iese; than tl-~ e comp ensati on prov1_ded for by this title shall be made only with th e wri tten app roval of the commission, if the deficiency of compensation w o~ild be payable fro m the state insurance fund, and otherwise with the written app rova l of th e person, association, or corporation liable to pay -the sam e. ~~1;:• 3134. Waiver of right_ to exercise option. Every employe, or his legal repre senta ti ve in case death results, who makes application for · an __award, or accepts compens a tion from an employer, waives his right to exercise his option to in stitute proceedings in any court. Every employe, or his legal representati ve in ca se death results, who exercises his option _to institute proceedings in court, as provided in this title, waives his right to any award or direct payment of compensation from his employer. 3135. Judgments have same preference as taxes. All judgments obtained in any action prosecuted by the commission or by the state under the authority of this title shall have the same preference against the . assets of the employer as claims for taxes now have. 3136. Compensation. Exceptions. No · compensation shall be allowed for the first ten days after the inquiry is received, e~cept th~ disburseme1:t hereinafter authorized for medical, nurse, and ·hospital services and medicines, and for funeral expenses. 3137. Rate and limit for temporary disability. In case of temporary disability, the· employe shall receive 55 per cent of his _average weekly wages so long as such disability is total, not to exceed a 11;-ax1mum of $12 p~r week, and not less than a minimum of $7 per week; but m no case to contmue for more than six years from the date of the in_jury, or to exceed $4500. 3138. Rate, time, and schedule for partial disability. '0'here tl;e injury causes partial disability for work, the employe. shall rece1v~, ~urmg such disability and for a period of not to exceed six years begmnmg on the eleventh day of disability, a weekly compensation equal to 55 per cent of the difference between his average weekly wages before the accident and the weekly wages he is able to earn thereafter, but not more th~n $~~ a week. In no case shall the weekly payments continue aft~r the d1sabiht_y e!1~s, and in case the partial disability begins after a period of total d1s~bihty the period of total disability shall be d~dttc~e? ~rom such total p_cnod of compensation. In the case of the followmg !11Jttnes the compensation sh<1:ll • be 55 per cent of the average •weekly ·wages! ~ut _not more ~han $12 to. b.e p:1d weekly for the periods stated against such mJttnes respectively, to wit. For loss of: �r I I - --INbUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. by an employe to waive his rights t 0 • . be valid. No agreement by an emplo e ~~m~ensatwn u1'.der this title shall paid by his employer shall be valid yd P Y ~ny portwn of the premiµm tioi1 of such pre1nium from the ..;.:;es ai; :~r oy~r who deducts any porto the ben efits of this title shall be guilty of a ;f d f any ~mpl~ye . entitled viction th ere of shall be fined not more than $1001sf emeanhor, ahn ffupon con. . • . . or eac . sue o ense. 315~. Right of ~ed1cal exam~at~ons. Any. empl~ye c;laiming the ri ht. • g: to recei ve co mpensat10n under this title may he requi·r d b th • • d" 1 • e y e comm1sswn, ?r its m e ica e?'ammer,_to submit himself for medical examination at any tim e a nd fro m time to t1:ne at a place reas·o nably convenient for such employe, and as may be provided by the rules of the commission. If such e~pl?ye r efu ses . to ~ubm1! to any such exat?ination_or obstructs the same, his r:1gh t to have his cl~1':1 for compensat10n considered, if his claim be pendmg before t he comm1ss10n, or to receive· any payments for compensation theretofor e . g ra nted shall be suspended during the period of such refusal or obst rn ct1on. . 3153. Books, records, and payrolls subject to examination. Penalty. All bo oks, reco rds, and payrolls of the employers of the state, showing or reflectin g in any way upon the amount of wage expenditure of such em·ployers, hall alway s be open for inspection by the commission or any of its traveling audito rs, inspectors, or assistants, for the purpose of ascertaining th e cor rectness of the wage expenditure, the number of men employed, and such oth er infor mati on as may be necessary for the uses and purposes of the commi s ion in its administration of the law. Refusal on the part of any em ploye r t o s ub mit his books, records, and payrolls for the inspection of any m ember of th e commission, or traveling auditor, inspector, or assistant presenting w ritten authority from the commission, shall subject such employe r t o a penalty of $100 for each su_ch. offense, to be. collected by civil acti on in t he name of the state, and paid mto the state msurance fund to becom e a pa rt thereof. 3154. Lial:!ility of employers fo,;- mis,;-epre$~nta~ion. Any emploY:er who misrepresents t o the commission the amou'.1t of payroll upo_~ which_ the premium under this title is based, shall be liable to the state m ten times the amount of the difference in premium paid _and the_ amou:it the employer should have paid. The liability to the state under this section shall. be enforced in a civil action in the name of the state, and all sums collected under . this section shall be paid into the state insurance fund. 3155. Application of provisions as to those engaged in interstat~ commerce. The provisions· of this title shall apply to employers. and their employes engaged in intrastate and also in interstate _and foreign commerce, for whom a rule of liability or method of compe_nsat10n has been or may be established by the congress of the United States, only to the extent th at their mutual connection with intrasta~e work may _and . shall be clear1J' :~~~ arable and distinguishable· from interstate or foreign com~erce, an_ • th" only when such employer and any of his workmen working on1~ m bis state, with the approval of the commission, and _s? far as n_ot ~orbidde:iin Y any act of congress voluntarily accept the prov1s1ons of this title by • . g written acceptances,' which, when fil e d WI"th an d a pproved . . by the comm1shi title th sion, shall subject the acceptors irrevocably to e _p~ov;f 10~s fd \ ~n its to all intents and purposes as if they had been ongma '! me hu e . • d f • hich the premmms erem prot :rms, during the ·p eriod or peno s or. w de on the basis of v1ded have been paid. Payment of premium shall ?e ~a . the payroll of the workmen who accept as aforesaid. . . ·es Reports to commission. Every .em_Ployer 3156• R ecord o f mJUl'l • • • ived by his emshall keep a record of all injuries, fatal or ?ther~1se, re~e Within a week , ployes arising out of and in the _c ourse of t~eir ~mp ~~:~~l • injury. a report after the occurrence of an acc1den,t resultmg. i~ P bl nks to be proth ereof shall be made in writing to the commission upon a 3146. Exemptions of compensation. Compensation befo re pay ment shall be exempt from all claims o f creditors and from <;1ny attachm ent or execution, and shall be paid only t o such employes or their dependents .. _ . 3147. Additional compensation. In addition_ to th e compensa ti on ~ro vided for herein, the employer, or insu;·ance earner, ?r st ate !nsurance fu n_d shall pay such amounts for medical, nurse! and l1:osp1tal services and medicines as it may deem prope r, not , however, 111 a_n~ mstance t o exceed tl~ e su1:1 of $200; and, in case dea th ensues from the 111Jury, reasonable fu ne1al expenses shall be disbursed and paid in an amount not to exceed th e sun~ o f $150, and the commission shall have full power t o adopt_rul es ar~d regulat1o~s with respect to the furnishing medical, nurse and hospital ser vice and m edi cine to injured employes entitled thereto, and for the pay ment th erefo r . 3148. Claimant may appeal if denied compensation. _Th e comm is~ion shall have full power and authority to hear a-nd determm e all q~1est1 o~s within its jurisdiction, pertaining_ to the pay ment ?f com pensa t1?n and ·benefits and its decision thereon shall be final; prov ided, how eve r, m case the finai action of such commission denies the right of th e claiman t t o pa rticipate at all in such fund o~ the g:ound th~t the injury ,:7as self-in~ ictecl or on the ground that the accident did not anse out of a!1d 111 th e co~11 se ~f employment, or upon any other ground going to the basis o_f th e claimants right, then the claimant, within thirty days after t~1e not1~e <?£ t he fi n~! action of such commission, may, by filing his appeal 111 the d1 stnc! cour t 111 any county ·of the district where the injury was inflicted, be e~titl ecl t o a trial in the ordinary way, and be entitled to a jury 1f he demands 1t._ In such a proceeding, the district attorney, without additional comp ensa t10n, sh_all represent the commission, and he shall be notified by th e clerk for t hwith of the filing of such appeal. Within thirty days after filing_hi s app ea_I, !he appellant shall file a complaint in the ordinary form _agai11:st such com mi s ~on as defendant, and further pleadings shall be had 111 said cause, ac_cordmg to the rules of civil procedure, and the court, or the jury, under th e m structions of the court, if a jury is demanded, shall determine the rig ht of t he claimant; and if they determine the right in his favor, shall fix his compe nsation within the limits and under the rules prescribed in this t itl e; a nd any final judgment so obtained shall be paid by the commission out of the state insurance fund in the same manner as such awards are paid by such commission. The cost of such proceeding, including a reasonable attorn ey's fee to be fixed by the trial judge, shall be taxed against the unsuccess ful party. Either party shall have the right to prosecute appeals to th e supreme court as in civil cases. An employer should be notified of the hearing to allow compensation, and it has sufficient interest In the fund to permit it to bring certiorari or prohibition proceedings where th e commission acts without juris diction. The Ind . Com of Utah v. Evans, Judge, 51 U. - ; 173 P . - . Where the Industrial Commission proceeds without any evidence in allowing compensation, it Is without jurisdiction, and appe a l Iles to the courts. Id. Even though the Industri al Commission a ct did not a uthorize the question of ultimate li a bility of the employer to be r eviewed on appea l or by dir ect a c tion, such right would exist bl' virtue of sec. 2, art. 1, of the Cons titution . Id. 3149. Latitude of commission in procedure. The commission shall not be bound by the usual common law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein provided; but may make the investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of this title. 3150. Minor deemed sui juris. A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose of this title, and no other person shall have any cause of action or right to compensation for an injury to such minor workman, but in the event of the award of a lump sum of compensation to such minor employe, such sum shall be paid only to the legally appointed guardian of such minor. 3151. Agreements of waiver to compensation invalid. No agreement f I ,-- - - - - - - - - - -- - -- - - -' �1- - - ~- - --~....____ ~- Form 4. REPORT OF COUNTY ASSESSOR Employer E s ~ -·:- •-- - · -- ~ · ngaged in E x tra-R azardous Industries • m • the •Count yo-----------------f • ____________________ · A. D., 19 ___ _ - -------- Sta t e of Wyommg, Reported by __ .__________ . : _..:_..; _________•_________________________________ County Assessor. ~-::-=::-::-:- -::-=------- • ---- - - · ~- EMPLOYER'S NAME ~~==:--~-,~----- -•,.,,,..-·-~ ~ - :,:,::--=--··- INDUSTRY = == === - -" '·"" -·""-·= '-- -·• •-• · ----···- - · - --.· •..~---=- ADDRESS --• • •• - -· - -- :;. - ~ - ~ - REMARKS . =·•--------~-=--•==--=--~••••-~--1-~~ ..... C ~ ~ • •• = - · • · ·~ = - • - ~ - - • = - ••-••==- - - �l Form3-B EMPLOYE'S REPORT OF ACCIDENT 'ro _______ ________ __ _____ ___ __ ___ __ ____ _____ ____ , Clerk of the Distr ict Court, of the _____ ___ ___ __ ______ _ J udicial District, within and for the County of_ ____ ____ __ ______ _____________ __ __ __ ______ , State of Wyoming. ----------------- - --- ----- --- - --------- - - - ------, employed by ________ _________ ___ ____ ________ _____ _ (Ioj orcd person,) __----- - - -------- -------- - --- - - ------- -------- - ---- __ -, Wyoming. --------------------------------------------------------------- --------------------------------------- (1) The name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury has disabled t he workman from continuing the perfor mance 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 duties, and how long the workman had been engaged in the service of such employer . (4) Whether the accident was or was not due solely to the culpable negligence of the injured employe, and if so, a statement of the facts. (5) Whether the injured workman is married or singled; if mar2 .; 0 a, whether he has a dependent family, and i:f so, the names of th e persons comprising such dependent family and their place of residence. (6) Whether the injured workman claims compensation under this Act, and whether his right to compensation _or ~he amount ?f compensation 1s disputed by h1s employer. �Form No. l . Employee's Statement of Dependent Persons Husband or Wife [Name] [Age] [Residence] Number of Children under sixteen years of age [Name] [Residence] [Age] Parents ---------------------------------------------[Name] -- [Residence] • ' ------------------------------------------ ' ---- .- ·----[Age] ------------ Signed this ___________________________________ day oL-------------------------------------A. D. i9 ____ , Signature: Witness: ---------------------- ------- ----------------- ------- --------- _________.,., --------------------------------------------------------------------------------- ------ _________ ,,- ------------------------------------------------- ------------------------------------------------------------------------- ----- _______________________ , ------ -------------------- ---,• -------------------------------------------------------------------------------------------------------1 ------------------------------------------ --------------------------- �I I MONTHLY PAY ROLL of------------_________________________ __ ___________ __ _____________ ______ -for Month ending ----- ------ --- -- --- -- ----- -- ·--- , A. D. I 9 ------ --, ----------------------------------- , Wpoming. OEREKE. l-1~ 5000 -No.··1 NAME AMOUNT OCCUPATION ~ 1 ---- 2 - - +- -- - - ----- 3 - - - - - --·· -- - - - - - - -1 ·--· ----- - - -- - - - --- - - - - -- - - - -- ------- - -·-- - - - - - - - - , -------------- - - - - -- - - - ---- - -- - 4 -·- ----- ----- - - - - - - - - - - - - - - - -- - --~- - - - - - i I I- - - - - -- - - - - - - - - - - - - - - l 5 -- --- -- ____ __ _ _ ____,_____ 6 7 - -- - - - - - - - - 8 ··- - . -. - - - - - - · · -- - - - - -- ---- - . --- - - -- - - - - - -- - - -- - - - - - -:- - - - - - '. 9 lQ I 11 I - - -- _ _ I ___ - - -- - - - - - - ·- 12 -~ - - - - - - - - - - - - - - - - - -- ·- - - ~ - - - < - -- - - - - - - - - 1- - . ----- 13 I_!!_: I -- - - - ---- - - ~ - - - - - -j-- - - - - - - - - - - - - -- - -!, -15-l!i- -- 16 - - - - - - - - - - - , - -- - - -- - - - -- -__:_ __ _ _ 17 ; ,:- - - - - - - - -- 1 18 - - - ,- - - - - - - - - - - - - --.- - - - I - -!- - - - - - - - - - - - - - - - - -1- - -- - - - - - -- ----------I ~ i _i- - - - - - - - - - - - - - - - - - 1 - -- - - -- - - - - - - - 20 : - - - - - - - - - - - - - - - - - --1-- 21 ' - -- - -- - - - - - ---j-- - - -- -- - - - - - 22 - -,,- - - - - - - - -- - - - - - - -- -l-- ---- - - - - - - - - -- - ------- -- - - - ------- . _E_:_________________ ---1 - - - - - -- - - - -- - 24 I I I ·----. -- - -- - - - --- - - 25 1:-- - - - - --- - - - 1 _ ___J ____ _ - -r I __,;_--:--:-:-:-::--:--::--:--=~:------'----------T.:_o:_:t::al:_A:.:_m:o:u~nt~~--=---··.:.$~ Draft attached for 2% of Total , �Form 3-.A. EMPLOYER'S REPORT OF ACCIDENT To __ __ ___ ____ ___ ____ __ __ ___ _____ _______ ____ ____ , Clerk of the District Court, of the ___________________ _ Judicial District, within and for the County of_ _______ ____ __ ___ _____ ____ ___________ _____ , State of Wyoming. _______ __ ____ ____ ___ ____ ____ __ ___ ___ _____ ___ ----, employed by __ __ _________________________________ _ ( Injured pers on .) ________ ____ ___ ___ ______ ____________ ____ _______ ___ __ _-, "'\,Vyomiug. ------------------------------------------------------------------------------------------------------ (1) The name of th e injured workman and the time, cause and nature of the accident and injm-y ; also whether the injury has di sabled the workman from continuing the performance of his duti es. - - - - - - - - - - - - - - - - , - - - - - - - - - - - --1 I (2) Whether the accident oc- curred while the workman was en. gaged in the duties of his employment, and grew out of the employment. (3) The nature of the employment and duties, and how long the workman had been engaged in the service of such employer. ------------------it---------------------------------(4) Whether the accident was or was not due solely to the culpable negligence of the injured employe, and if so, a statement of the facts. (5) Whether the injured workman is married or singled; if married, whether he has a dependent family, and if so, the names of the persons comprising such dependent family and their place o.f resi- dence. I 1 I -- ---· ----·------ -- ----!---------- ----·-- --- ·---- - - - - - (6) Wliether tl1e inj~red work~ man claims compensation unde1 this Act, and whether his right to compensation _or ~he amount '?f compensation is disputed by Jus employer. II I - ,c_J_ -- - -· - J �, ---:- · · - - Compensation Law of the State of W yarning CHAPTER 124. House Bill No. 14 7. THE WORKMEN'S COMPENSATION LAW. AN ACT providing compensation for injuries or death resulting from injuries, of workmen from accident occurring in extra-hazardous employments; defining extra-hazardous employments and providing for the accumulation, maintenance and administration of funds in the State Treasury for the payment of such compensation ·and repealing Sections 3 526, 4291 and 4292 of Wyoming Compiled Statutes, 191 o, and all other laws or parts of laws relating to damages for injuries or death from injuries, or in anywise in conflict with this Act, in so far as they are applicable to extra-hazardous employments. Be It Enacted by the Legislafore of the State of Wyoming: 'section 1. tion Law." I . This Act shall be known as the "Workmen's Compensa- General Provisions. Sec. 2. Compensation herein provided for shall be payable to persons injured in extra-hazardous employments, as herein defined, or the dependent families of such, as die, as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Said compensation shall be payable from funds in the State Treasury to be accumulated and maintained in the manner herein provided. The right of each employee to compensation from such funds shall be in lieu of and shall take the place of any and all rights of action against any employer contributing, as req~ired by law to such fund in �STATE Ol!' WYOMING COM:PE NSA'l'ION LAW favor of any such person or persons by reason of any such injury or 3'"?.6 • o_, , 4?.91 _, and 4292 ,and all other . . laws . or .parts .of. laws . d ea th . S ec t.ions relating to damages for injuries or death from mJnries or m anywise rn conflict with this Act are liereby repealed, as to the ~roployments, employers and employees coming within the terms of tlus Act. (a) " F actories" mean any prem ises wherein pow er is used in manufacturing, making, al terin g, adap ting, omamenting, finishing, r epairing or r enovatin g any ar ticle fo r the pmpose of tr ade or gain or the business carried on therein, including expr essly any bri ck yard, meat-packing house, fo un dry, smelter , or e r educti on works, lime-burning plant, stucco pl an t, steam heatin g pl ant, electri c li ghting or power plant including all work in or direc tly connected with t he constr ucti on, installation, operation, alter ation, r emoval or repair of wires, cables, switch-boards or apparatus used for the transmission of electric current, and water power plant, in cluding tov,ers and stand pipes, pow lei· plant, blas t furnace, pap er mill , printing pla n t, flour mill, gla s factory, cement plant, artificial gas plan t, machine or repair shop, salt plant oil r efiner y plant and chemical manufacturing plant. 2 Provisions Exclusive, Compulsory and Obligatory. Sec. 3. The rights and remedies provide_d in this Act fo_r an employee on account of an injury shall be exclusive of all other _rights and remedies of such employee, his personal or legal representatives_ o~· dependent family at common law or otherwise 0~1 accou_nt of such mJury ; and the terms conditions and provisions of tlus Act for the payment of compensation ~nd the amount thereof for injuries sustained or d~ath resulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming within the provisions hereof. Extra-hazardous Occupations. Sec. 4. The extra-hazardous occupations to which this Act is applicable are as follows: factories, mills and workshops where machinery is used; foundries, blast furnaces; mines, oil wells; gas works; natural gas plants; water works; reduction works; breweries; elevators; dredges; smelters; powder works; laundries operated by power; quarries; engineering works; logging; lumbering and saw mill operations; street and interurban railroads not engaged in interstate commerce; buildings being c?ns~ructed. repaired, moved or demolished; telephone, telegraph, electric light or power plants or lines; steam heating or power plants ; railroads not engaged in interstate commerce; bridge building and all emplo:rments. wherein a proce~s r~quiriD:g the use of any dangerous exploslVe or mflammable materials 1s carried on which is conducted for the purpose o~ business, trade or gain, each of which employments is hereby determmed to be extra-hazardous and in which from the nature con~tions or ~eans of prosecution of the work therein required risks t~ the life and hmb of the workman engaged therein are inherent necessary or sub~t~ntially unavoidable. This Act shall not apply in a~y case wh~re the mJury occurred before this -i\..ct takes effect and all rights, which hav~ accrued by reason of any such injury prior to the taking effect of tl11s Act shall be saved the remedies now existing therefor. This Act shall only apply to t?ie employers by whom five or more workmen have been. employed ~ontmuously _for more than one month at the time of the_accident; provided? that this Act shall apply to the em lo ments wherem dangerous explosives are used or where the empl oymenpt reqmres y · . t h e perf ormance of serVIces upon derricks , scaffold"mg, po1es or other s t rue t ures t en f eet or more above the surface of th d · gard to the number of workmen employed. e groun without reExceptions. Sec. 5. This Act shall not be construed t 1 • • ployments, which according to law are so e~ app y ~o ?usmess or emgaged m mterstate commerce as to be not subject to the 1 • 1 t· ' . . . eg1s a ive power of th St t t e a e nor o persons IDJured while they are so engaged. Definitions. . . Sec. 6. In this Act unless the context oth erw1se reqmres : • 3 (b ) " W ork shop" means any yard, plant, premises, ro om or place where power driven machin ery is emp loyed and manual labor is exercised by wa) of trade or gain or otherwi e inc idental to the process of making, alterin g, r epairing, printing, or omamentin g, fini shing or adapting fo r sale or other wise any article or part of ar ticle, over whi ch premises, room or place the employer of the per son working ther ein has the right of access or control. (c) " Mill " mean s any plan t, premises, room or place where machinery is used, an y pro cess of ma chinery, changing, altering or repairing any article or commodi ty fo r sale or otherwise together with the yards and premises, which are part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry. ( d) "Mine " means any opening in the earth for the purpose of extracting iron, oil, coal or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels. and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven, and includes all the appurtenant structures or machinery at or about the openings of the mine, and any adjoining adjacent work place where the material from a mine is prepared for use or shipment. ( e) ''Quarry'' means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug , or otherwise 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 tank, gas tank, water tank or tower, any caiss~n work or work in artificially compresse~ air, _a'I!y work in dredging, work on log or lu~ber ~-afts or ~~oms; pile dr:vmg, moving · buildings, moving safe~, or m laymg? rep_airmg_ or remoy1_ng, underground pipes and connect10ns, t~e erection, mstallmg? repau:mg, or removing Qf boilers, furnaces, engmes and power machmery (mcluding belting · and other con- �y [) 4 S'fATE OF WYOMING COMPENSATION LAW nections) and any work in grading or excavating wbcr~ shoring is n e~essary or power machinery 01: blast_in_g powder, dyn~m1te or other lugh explosives is in use (excludmg mmmg and quarrymg). (h) "Employer" includes any person, . or body of persons cor porate or incorporate, and the legal representntn:es of a d~c~ased employer or the receiver or trustee of a person, corporation, association or partn ership. (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 or standing in a representative capacity of t h e employer. The term "workman" shall include " employee" and shall include the singular and plural of both sexes. Any refer~nce to a work man, who has ~een injured shall, where the workman is, dead include a reference to his _" dependent family", as hereinafter defined: or to his l~gal repr;sentative or where the workman is a minor or incompetent to lus guardian or next friend. • (j) "Depe~dent families" as used in this Act·means such members of the workman s family, as 1:ere wholly or in part dependent upon the woikman for support at the time of the injury and shall include widow o~ i:~~nd, tahs the case may be,_ a_nd children, or if no widow husband o1 c 1 en, e parents of the mJured workman "f t 11 upon him for support at the time of the in. . . :{ ac ua y ependent surviving spouse wilfully desei·ted d j_m!, 1 it be shown that the of the deceased, such survivin s 0:ase. wi th0 ut fault upon the part pendent in any degree No sur~ivk e will not be regarded, as a deefits _of this Act, unle~s she shall ha~espbouse shall_be entitled to the henthe time of the injury. een married to the deceased at d (k) "Child or children" means s· h ' years of age (·and over said age if h u~ that are under sixteen (16) 1~~lly or m_entally incapacitated from earning) and shall also in~l workman born after his death f u ~ ;gitimate clnldren of the injured 1 family dependency in whole or ~om :J:·y: In other cases questions of with the fact, as the case may be a~~\ s :an be determined in accordance definition of "dependent families,, sh:lrime 0 the injury; the foregoing named, who are aliens residing b not include any of the persons States of America, except a surv~;:nd t~e jurisdicti?n o! the United teen (~6) years of age and as to such n~ w1d?w, or children under si:x:pensation shall not exceed t,ve t fi n-res1dent aliens the rate of comcompensation herein provided. n Y- ve per cent (25%) of the rates of lr ! (I) The words "injuries su t . . !n:nt ~ ', as used in this Act shall inc~u~1:ed Ill extra-hazardous employ~nJuries to employees, as a result of th . death resulting from injury and m or_ a?o~t the premises occupied u e~ employment and while at ~ork and IDJm;ies o~curri.ng elsewhere or contro!led by the employer, ~mployer s bu~me:-s requires their pr e at work ID places where their azardous dut~es mcidei:rt to the bustsence and subjects them to extraof the employees occurring whil hn_ess, hut shall not incl d . • • e on IS way t 0 u e lllJur1es assume the duties of his 'wh1! 5 employment or after leaving such duties, the proximat e cause of which injnry is not the employer 's negligence. (m) 'l'he words "injury and p ersonal injury" shall not ·include in jury caused by t he wilfu l act of a third per son directed against an employee for reasons personal to such employee, or because of his employment; nor a disease, except, as it shall directly r esult from an injury incurr ed· in the employment. (n) "Invalid" means one ,1"110 is physically or mentally incapacitated from earning wages. Guardian May Act. Sec. 7. In case an injured ,rorkman is mentally incompetent or a minor, or where death res ults from the inj ury, in case any of his dependents, as herein defined be mentally incompetent or a minor , at the time wh en · any right or privilege accr ues to him under t his Act, his guardian may, in his behalf, claim and exer cise such right or privilege nnd no limitation of time, in this Act provided for, shall run, so long, as snch incompetent or minor has no guardian. If Other Than Employer Is Liable. Sec. 8. Where an employee coming under the provisions of this Act r eceived an injury under circumstances creating a legal liability in some person otl1er than the employer to pay damages in respect thereof, and no legal liabili ty attachin g to the employer , then and in such case such employee shall be left to his r emedy at law against such other person, and compensation shall not be payable under this Act. This Act Governs. Sec. 9. No contra ct, rule, r egulation or device whatsoever shall operate to r elieve th e employer , in whole or in part, from any liability created by this Act except as her ein provided. Blank Forms Supplied by the State Treasurer. Sec. 10. Tt shall be the duty of the State Treasurer to prepare, cause to be printed and supplied free for use in the ·administration of this law such blank forms, as may be needed by employers for reporting and certifying pay-rolls of persons employed by them in extra-hazardous employments and for reporting injuries; and forms for use of injured persons in making claims for compensation; also to provide himself with such other books, records or forms, as may be deemed necessary to expedite the_transaction of business under the provisions of this Act. Employer's Report of Accident. Sec. 11. Whenever an accident occurs causing injury to any workman engaged in any of the extra-hazardous employments defined by this • Act, it shall be the duty of the employer within 20 days thereafter to make a report of such accident and the injury resulting therefrom and to file said report in the office of the Clerk of the District Court of the County wherein such accident occurred, which report shall state: (1) The na~e of the -~jured workman and the time, cause and nature of the accident a?d _mJury; also whether the injury has disabled the workman from contmumg the performance of his duties. (2~ Wheth~r the .~ccident occurred while the workman was engaged m the duties of his employment, and grew out of the employment. �STA.TE OF WYOMING COMPENSATION LA-W (3) The nature of the emploJ m~nt and duties and .how long the workman had been engaged in the ser vice of such employeI • r egular jury panel be in att endance at Cour t on the date any such hearing may occur . 'l'he takin g of evidence shall be summar y giving a full opp ortunjty to all pa r t ies to develop the facts fully. The official court repor ter of the distr ict shall attend the hea ring and mak e a stenographic repor t of the evidence without cost to either par ty. The Court or Judge shall direct the County and Prosecuting At t orney, or other competent attomey appointed by the Cour t to conduct the examination of witness es on behalf of the injured workman, and it shall be the duty of said attorney to app ea r and perform such ser vice without expense to either party. 'rhe employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees fo r attendance and mileage, as is fixed by law in civil actions, and jury costs shall also be taxed to and paid from the accident fund, if th e verdict and judgment be in favor of t he employer, but if against the employer then he sha ll pay the costs. At the conclusion of the hearing, the 8olll't sliall enter an or der pursuant to the ver dict of the jury, if ~a jury be called, and if no j ury be ca lled, the Court or Judge shall render a decision upon the facts and law of t he case pursuant to the provisions of t hjs Act, and make an order allo,, ing or djsallowing compensation, as the la" · and the evidence may warrant. In any proceeding before a Court or Judge, as afor esaid the Court or Judge shall _have au~h?rity to appoint a duly qualifi ed impa r tial physician t o examme the mJured employee and give t estimony. The fee for such service shall be Five ($5.00) Dollars, Hnless other wise ordered by the Court, with mileage allowance, as· is all owed to other witnesses, which shall be t axed, as costs, and paid as oth er witness fees are paid. The employer or employee may at his own expense also appoint a qualified physician, who may attend and be present at any such exa mination of an injured employee and give testimony at such hearing or investigation. 6 (4) Whether the accident was or wa_s not due solely to the culpable negligence of the injured employee and 1£ so, a statement of the facts. (5) Whether the injured workman is married or single ; if married whether he has a dependent family and if so, the names of the persons comprising such dependent family and their place of residence. (6) Whether the injured workman claims compensation under this Act, and whether his right to compensa tion or the amount of compensation is disputed by his employer. Said report may be made upon a printed form prepared by the State 'I'reasurer for such purposes, and shall be verified as pleadings in civil actions. Failure or neglect on the part of any employer whose business or occupation is one enumerated and defined herein, as being extrahazardous, to report accidents causing injury to any of his employees, shall be a misdemeanor and upon conviction such employer shall be punished by a fine of not exceeding Five Hundred ($500.00) Dollars. Investigation by the District Judge-Procedure in Disputed Cases. Sec. 12. Whenever an injury or death resulting from injury is repo_rted to the CI~rk of the District Court of the County wherein such mJury occ1!rred, m accordance with the preceding Section, it shall be the ~1~ty of said Clerk to at onc_e n~tify the Judge of said Court, that such mJur;>' report has_ been _filed m lus office. It shall thereupon be the duty of sai~ Judge to mv~st1gate ~he nature of said injury and claim for compensation at the ear~1est possible date, in such a manner, as he may deem necessarl t~ ascertam whether the claim for compensation or the amount t~1ereof is d1sp_ut_ed by the employer, and if there be no dispute, as to the right of the mJured 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 direct1'ng paym· t f h • f • en or sue com• accor d ance w1·th pensation rom. the State. Industrial Accident Fund m t h. e f acts bY him ascertamed and the terms of this la r If th b dispute_, as to th e ng_ • ht 0 f sai'd mJured • • e a employee or his "· dependenterefamily to receive ~ompensat10n, or as to the amount thereof, then it shall be the dut~ of said Judge to set the case down for a hearing at th r t p,ossible da!e and to direct notice · of such hearing to b • ~ e:r ~~ Clerk of said Court for service upon the em lo e. e issue Y e least seven (7) days before•the date fixed f;r :a: and t_he emp~oyee ~t d he~rmg, which said notice shall be served by the sheriff of said C either party, except. that his actual travelin ounty without expense to and taxed, as costs. The hearing shall b g expenses shall be allowed and report filed by the employer and suet c;1~.ducted ?Pon the statement sented and filed with the Clerk of the Di t ·~ m~l claims as may be prethe injured workman. If the employ .. sh~ICt Court by or on behalf of m alis report. of th e lllJury • • • • t Imt t h e mJury was due solely to theercul a11 eges employ ee, or that the claim for com en Pt')1e ~eghgence of the injured the provisions of this Jaw then a jm·f sa 1~n Js one not coming within ~nd the ~ause shall he t~·ied, as ·a Co:~~Y .e em?-nded by e~ther party mantled, 1t may be selected from names d ~roeeedmg. If a Jury 1s dejury box, as in civil eases at p.ny time in /~wn _from the fiv~ mile limit erm time or vacation unless a 1 Appeal to Supreme Court.. . . . . . Sec. 13. Any order g1ve_n and made m any mvestigation or hearmg by a Court or Judge pursuant to the provisions of _this ~ct sball _be reviewable by the State Supreme Cou_rt_ on proceedmgs i~ error m the manner prescribed by the code of c1v1l_ procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the 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 J~dge, 3:nd thirty \30) days shall be allowed all parties thereafter for filmg bnefs and said appeal ~hall be advanced on the calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is ~rosecuted on behalf of the injured workman, the County and Prosecutmg Attorn~y, or other Attorney representing said wo~·kman shall order a transcript ~f the record of the hearing and proceedmg to be prepared by the offimal 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 other attorney represent- �l] STATE OF WYOMING COMPENSATION LAW ing said workman. In case an appeal be prosecut_e~ on beba~f of the employer, the record of the proceedings at the origmal hearmg shall be supplied without cost to such employer, but. such employer may employ counsel to conduct such appeal on his behalf. month 's pay-roll of workmen engaged in extra-hazardous employment by twelve, and shall likewise be not less than Five Thousand ($5,000.00) Dolla~·s. .Such_ employer shall not be compelled to contribute when his contributions m the fun d, after making · deductions as aforesaid, shall eqnal two }?er cent (2 % ) of his annual pay-ro11 , and s_hall likewise be not less than F ive Thousand ($5,000.00 ) Dollars. 8 l. Court Order Recorded-Copies to Auditor and Treasurer. Sec. 14. Every order given and made by a District Cou~·t _or Judge awarding payment from the Industrial Accident Fund to an mJured 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 Treasmer, respectively, of Wyoming, and shall be by each of said officers entered upon a record to be known as the Compensation Docket and shall be the authority and direction of t.he State Auditor to issue warrants for compensation awards against the Industrial Accident Fund and for the State Treasurer to pay such compensation awai;ds from sai d fund. • Industrial Accident Fund-Appropriation. Sec. 15. There is hereby created a fund to . be known as the '' Industrial Accident Fund," which shall be held by the State Treasurer and hy him deposited in such banks as are authorized to receive deposits of funds of the State. All moneys received by the State Treasurer under the provisions of this Act shall become a part of the Industrial Accident Fund and there is hereby appropriated out of funds in the State .Treasury not otherwi_se appropriated the sum of Thirty 'I'housand Dollars ($30,00_0.00) , wlnch sh~ll be paid into and become ~ part of such fund. There 1s also appropriated annually, until otherwise provided by law, out of any moneys m the State Treasury not otherwise appropriated a sum equal to one-fourth of the total sum, which shall be received b the State Treasurer from employers under the provisions of Section 16 h~reof no~, however, to exceed the sum of For~y Thousand Dollars ($40.000.00) pe1 annun!, and the moneys so appropriatei1 shall be credited to · and be~ come a part of such fund . All fees or mileage of w·t • d physicians adjudged to be paid from the accident ~ ne~se~, Jurors an proceeding under this Act, and all contingent expe un_ m andy_ court • d • ti l • · . nses mcurre m preParing .fo 1• an. m • ie at m1111strat1011 of this Act shall b 'd f. h Tndustrial Accident Fund on proper Youcl1e1·s an(l warrants. . e pa1 l om t e Employers' Assessment. Sec. 16. Every employer engaged in an. f h . . defined, as. extra-hazardous, is hereb re ui;. 0 t e occ~pat10ns herern Treasury for the benefit of the Industi;al A~ .;d t; pay mto the State equal to two per cent (2%) of the moneys eai~ ent und a sn:m of money engaged in such extra-hazardous employ t Jd ?Y each of his employees of such employment from and after Api~e~t ~·mg each calendar month be so made on or before the 15th da , of ' 15- Such payment shall for which such payments are compJed a~ie m~nth following the month shall keep a separate account for eacl d paid. The State Treasurer fund . . Each employer shall continu ~ employer so contributing to said above provided, unless the sum th:re~ ?ake mon_thly contributions as deducting all payments made on acco i ~r~ ~o~tributed by him, after all allowances made on account of su u~. 0 . ll~Juries to his employees and cent (2 % ) of his annual pay-roll co~ :i!~riis, shall_eq'!al fu~l two per p Y multiplymg his current t. J 9 Copy of Pay-Roll to State Treasurer. Sec. -17. It shall be the duty of each employer to forward to the State 1're~surer on a blank form provided by said State Treasurer, a true copy of lu s pay-roll of p er sons in his employ engaged in extr a-hazardous employment during th e cunent calendar month on the tenth day of the nex~ succeeding calendar month, swom to either' by himself or the person havmg knowledg e of said pay-roll, and any statement contained in such ve;·ified copy, which can be shown to have been made falsely and with a wilfu l intention to evade the pr ovisions of this Act shall constitute a misdemeanor plillisha ble by a fine of not more than F ive Hundred ($500.00 ) Dollars. Duty of County Assessor, State Treasurer and Attorney General. Sec. 18. It shall be the duty of the County Assessors in each of the co1mties of th e State to ma ke a list of all employers within th eir respective coun ties, who ar e engaged in ext ra-hazardous industri es, as defined by this Act, and to fo rwa r d such list of extra-hazardous employments and industries to th e State Treasurer within thirty (30) days after the passage and approval of this Act. It shall be the duty of County Assessors of each of th e counties of t he State to make monthly reports to the State Treasurer , showing what, if any extra-hazardous industries have suspended business p ermanently, and what if any new extra-hazardous industries have been established and commenced in their respective counties during the preceding month, and it shall be the duty of the State Treasurer to immediately proceed in the collection of assessments from said extra-hazardous industries, as is provided in Section 16 of this Act, and in case any employer engaged in an _extra-hazardous business or industry, as defined by this Act, shall _fail or .refuse to pay the asse~sment upon his current monthly pay-roll, as 1s reqmrecl by this Act, then 1t shall he the duty of the Attorney General of the State to immediately bring snit in the name of the State for the benefit of the Industrial Accident Fund against such employer for the collection _of such assessment, and if a judo-ment for the recovery of said assessment be given in favor of the Stat: for the use and benefit of the Industrial Accident Fund, said judgment shall be for double the am~unt of the pay-roll assessment provided by Section 16 hereof, together with costs. Compensation Schedule. • Sec. 19. Each employee, who shall be injured in any of the extrahazardous employments, as herein defin~d, or the dependent f~m?y. of any such injured workman, :who may die as a result _of such mJuries, except in case of injuries d_ue solely to the culpab_le negl~gence of such injured employee, shall rece1_ve out .of the _Industrial Acmdent Fund, compensation in accordance with the followmg schedule, and_ such payment shall be in lieu of and take the place of any and all rights of action against any employer. contributing, as required by this Act to the Industrials Accident Fund m favor of any person or persons by reason of any such· injuries or death: �tJ D 11 STAIJ.'E OF -WYOMtNG COMPENSATION LAW (a) "Permanent, partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, one or more fingers, one _or more toes, any dislocation where ligaments are severed, or any other illjury known in surgery to be permanent, partial disability. For any permanent, partial disability resulting from any injury, the workman shall receive a lump sum as hereinafter specified. For the loss of a thumb _____________ -------------,--$ 150.00 " " " " " :first finger ------------------------ 125.00 " " " " " second finger --------------------- 100.00 " " " " " third finger _______________________ 100.00 " " " " " fom-th finger ---------------------75.00 " " " " palm (metacarpal bone)_______________ 400.00 " " " " hand -------------------- ___________ 800.00 " " " · " an arm at or below elbow_____________ 900.00 " " " " " " above elbow ----------------- 1000.00 previous permanent disabTt,, • •• 1_1 ~, th e percent~ge of d1sab1lity quent inJ·ur shall b for a subse_ e deteimrned by deductmg therefrom the percentage prev10us d1sabilitv •• d at the time • • o. f_ .t 11e Wl J, as i·t ex1ste of the subsequent illJllly. ien p~rmanent total disability results from the inJ·ury the workman shall r eceive: ' 10 For Anky-losis ( total stiffness of) or contractures ( due to scars or injuries) which makes the fingers more than useless, the same amounts apply to such finger or fingers (not thumb) as given above. . The loss of the second or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. • . The loss of the third or distal phalange of any finger shall be considered to be equal to the loss of two-thirds of such finger. The loss. of more than the middle and distal phalanges of any finger shall be cons1d':red to be equal to the loss of the whole finger; provided, however, that m no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. ~~r t~e l?~s ~f a great toe ___________________________ $100.00 one of the toes other than gr~at toe_____ 50.00 The loss of more than two-thirds of any toe shall be considered to be equal to the loss of the whole toe. to thTehleoslsososfof lelss ltfhanf tlwo-thirds of any toe shall be considered equal • one- 1a o t 1e toe. For the loss of a foot ___________________ $ 800 00 For the loss of a leg below the knee ----------- 900.00 For the loss of a leg above the knee_____ 1000 00 For the loss of an eye ------------------=========== 700:00 For any other injury known t b • • ability, the workman shall . . o surgery to_ e permanent partia~ dist th Ieceive a lump sum man amount proport10ned uopo.netehxtefnt of ~uch permanent partial disability based as near as may be e oregomg schedule. both (!~"Permanlent total disability" means the loss of both legs or ' or one eg and one arm • total loss f • h ' ?ther condition permanently incapa~itating th o ey::1g ft, paralysis or mg any work at any gainful . e wor an rom performvious disability as the loss of occupation. Where there has been a pre' one eye, one hand, one foot, or any other r (1 ) . lf unmarried at the time of injru·y a lump sum of $1000.00. (2) If the w?rkman had a wife or invalid husband but no child 1illder th e age of sixteen (16) years, a lump sum of $1,200'.oo. (3 ) If the workman had a wife or husband and a child or children under the age of_ sixteen q6) years ,of age, or being a widow or widower, for any such cluld o~· cl11ldren the lump sum provided in the preceding para gr aph shall be mcr eased by adding thereto a sum equal to Sixty ($60.00 ) Doll ar s, per _ye~r for each child for each year \IDtil each child ~h all be of the age of sixteen (16 ) yea.rs, but the total amount of such mcreased su~:n allowed for children under sixteen (16) years of age shall not ex ceed ill the aggregate a sum equal to one and one-half the sum allow ed to the widow or widower in any such case. ( c) "Temporary total disability" means an injury which temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by medical or surgical treatment and be able to resume work. In such cases, if the workman be unmarried at the time of the injury, he shall r eceive the sum of Fifteen ($15.00) Dollars per month, so long as the total disability shall continue. If he have a wife with whom he is living at the time of the injury, he shall receive Twenty ($20.00) Dollars p er month, and if he have children under sixteen (16) years of age, he shall receive Five ($5.00) Dollars per month for each child under sixteen (16) years of age, but the total monthly payment shall not exceed Thirtyfive ($35.00) Dollars per month. No compensation shall be allowed for the first ten days of disability, but if the incapacity extends beyond the period of ten days, compensation shall begin on- the eleventh day after such injury. As soon as recovery is so complete that the earning power of the '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 th~ aggregate the lump sum amount herein specified to be paid an injured workman for injuries causing permanent total ,disability. ( d) Where death r~sults from an injury, ~he expense of burial shall be paid not to exceed Fifty ($50.00) Dollars ill any case; u~less other arrangements exist between employer and employee, under agreement. (1) But if the work~an leaves a widow or inval_id widower, s~ch survii.dng spouse shall receive a lump sum payment of $1,000.00 to which shall be added a lump sum aggregating the present worth of Sixty ($60.00) Dollars per year for each survivin~ child -~der s~xteen (16) years of age until the time when each of said survivmg children shall become sixteen (16) years of age, provided that the aggregate sum so added on account of children under sixteen (16) yea~s of age shall in 110 case exceed an amount equal to the lump sum provided to be paid the surviving spouse, and provided further that ~f it be shown that the sm·viving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spou~e shall not be regarded as a de- �12 COMPENSA'l'ION LAW STATE OF W YOl\'IING pendent in any degree, but in such cases the right of children under sixteen (16) years of age to compensation shall not be defeated, but the aggregate sum allowed them shall not exceed in any case the amount, which would have been payable to the surviving spouse if there had been no desertion of the deceased. In all eases wher e an order of compensation is made on account of children under sixt een (16 ) years of age or to persons incompetent, said fund shall be disbursed under a proper guardianship to be created by ~he Court or Judge making such an order. (2) If the injured workman die during a period of temporary total disability and after receiving compensation ther efor, as herein prov.idecl, and his death be shown to have resulted from such injuries, the total amount of payments received by him during such disability and prior to his death will be deducted from the lump sum amount herein provided to be paid to the surviving widow and children under sixteen (16) years of age in case of death resulting from injuries. (3) If the workman leaves no widow, widower or child under the age of sixteen (16) years, but leaves a parent or parents. surviving, who were actually dependent upon him for support, such surviving parent or parents shall receive a lump sum which shall be computed at the rate ·of·fifty per cent (50%) of the average monthly support actually received by such parent or parents from the workman during the twelve months next preceding the occurrence of the injmy calculated as near as may be over the probable period such support would have continued, but in no case exceeding the sum of Five Hundred ($500.00) Dollars. Forfeiture by Injured Employee.-Payments Withheld. Sec. 20. 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 receivP, 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 discharae 0 by such physician. Exemption from Executfon or Attachment. Sec. 21. No rno~ey paid or payable under this act out of the Industrial Accident Fund shall, prior to issuance and delivery of the warrant therefor be capable of being assigned, charged or ever be taken in execution or attached or garnished, or shall the same pass to any other person by operation of law, any such assignment or charge shall be void. · Minor Workman. Sec. 22. A minor working at au age legally permitted under the laws of this State shall be deemed sui juris for the purpose of this act and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as expressly provided h1 this act, but in the event of a lump sum payment becoming due under this act to such minor workman, the management of same shall be within the probate jurisdiction of the Courts, the same as any other properties of minors. 13 Extra-hazardous Public W ork.-Contract Work. Sec. 23. :Whenever the State·, County or any municipal corporation shall engage m an? extr a-ha zardous work in which workmen are empl oye d for wages, this act shall be applicable ther eto. The employer's paym ents . iu to the Industrial Accident F und shall be made from the '.rreasm-,v o:E the State, County or l\fou icipality. If said work is being ,don by co ntra ct the pay-r oll of the contr actor ·and t he sub-contractor sha 11 he the basi of computation and in the case of contract work consuming less t han one year in per form ance the r equired payment into the acc ident fun d shall be subj ect to the pr ovisions of this act and the State fol' its O'eneral fund, the county or municipal cor poration shall be entitled to collect from the con tractor the full amount payable to the Industrial · cciclent Fund and the contractor , in turn, shall be entitled to coll ct from the snb-contr actor his proportionate amount of payment; th e provision of thi s section shall apply to all extra-hazardous work clone lJ~, co nlract, except t hat in private work the contra.c~or shall be responsibl e. primarily and dire ctly, to the Ind ustrial Acmclent F und for the proper percentage of the total pay-r oll of the wor k and for the amounts due it, a nd the owner of the proper ty affected by the contr act shall _be surety fo r such payments. Wh enever ~r.i d s~ long as th e Stat ~ ~aw, city char ter or muni cipal ordinance, prov1s10n 1s made for mun1c1pal emp loyees iujmed in the course_of employmen t, such e1;nployee s~all not be entitled to the benefi ts of tlns act and shall not be mcluded m the payr oll of the municipality und er this act. Safety Devices. . . Sec. 24. Nothing in this act contained ~hall repeal an)'. ex1stmg law )l'oviding fo r the installation 01: main~enance of any device,_means .or !nethod for the preYention of ~cc1dents. m extra-haz~rdo.us wo1k or for a penalty or punishment for failure to mstall or mamtam any such prot ective device, means 01: method. . Fees for Services in Procuring Compensation Limited. S 25 It shall be unlawful for any person or _any n_umber of perec.. • to ether or separately or in any way, mcludmg attorne;vs, d 11 other persons to receive. or agree to rece1v?. sons act:mg g a~ents, 1:nterpreter~, ~ly from any be~eficiary or beneficiaries under -either directly 01'. m need• . d . to be rendered either jointly or sepath· t for services ren e1e or ' , IS ac .' . rocuring any benefit or benefits under this act, any rately, m r elatmg to ~ - . more than fifty dollars or more than five pel' sum or sum~ ag1refa ::~unt. received or to be received by such benefic~ntum of t e ;-' ~? e n account of injuries to any employee. Every perciary _or b~nefic:a1~:c~rned in the violation of the provisions of this sec01 il~ of a misdemeanor, and upon conviction thereof shall S?11 violatmg fifty dollars nor more than five hundred dollars, to. t1on shall be gu be ~ued notblessdtdiadn imprisonment in the county jail for a term not exwlnch may e a e ceeding ninety days. ' • Ph . . s Required to Testify. . .AJ.1 physiciaµ having attended an employee m a profesysici.an . Sec. 26 '. ·t \ • be required to testify before any Court or Judge s10nal ca)'.1~1 { cases corning within the provisions of this act, and when so cfire~. e_Jeged coU:.munication between physician and patient., as • h the law o puvi fixed by statute sh_a ll not apply m sue cases. J·~ f "%\1 1 I I .l ·\ �/ n 15 STA'l'E OF WYOMING COMPENSA'l 'ION LAW False Statement by Employee. Sec. 27. • Any employee or workman who shall make or cause to be made on his behalf any misrepresentation or false s~ateme1;1t for the purpose of receiving compensation nuder this act to winch he 1s no~ l~wfully entitled shall be guilty of a misdemeanor, and shall on .com:1ction, be fined not more than Three Hundred ($300.00) Dollars or nnprisoned for not more than ninety (90) days. same, his right to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period or refusal. • 14 Employee's Statement of Dependent Persons. Sec. 31. All employees or workm en coming within the provisions of Lhis act shall ·be r equired upon entering service in any of the extrahazardo ns employm ents her ein defin ed to make and sign a written statement settin g forth the names of th e persons dependent upon them for uppor t or constituting memb ers of t hei r dependent famil ies, in each case givin g t he names and ages of th eir children under the age of sixteen (16) year . Statistics Compiled by State Treasurer. Sec. 28. It shall be the duty of the State Treasurer to _secu~·e and compile statfatical information concerning accidents occurrmg m the extra-hazardous employment defined by this act, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer coming within the provision~ of this ~c~; t_he amount paid out on account of injuries, or death resultmg from mJm:ies in such employments and any other information relating to the operation or administration of this law that may be of interest and to make a full report thereof, together with such recommendations as he may deem proper for changes or amendments herein, and to publish a full report thereof, to the legislature on or before each succeeding session following the passage and approval of this act. P ayments of Employers Not to Be Refunded. Sec. 32. All payments made into the Accident Fund by any and cv r y empl oyer under the provision of this act shall be taken as paid an d 1· ceived in consideration of t he indemnity to such employer by rea011 of hi contributing to the Indu trial Accident Fund and in consideration of th e payments mad e by th e ta te to such fund, and no part _of any money so paid in by any employer shall ever be refunded to him eith r du rin g the time wh en he continues in business as such employer, or after he ceases such business. Provided, however , if this act shall be her eafte r r epealed or held invalid, all moneys which are in the Industrial Fund at the time of tl1e r epeal or final holding of invalidity shall be subj ec t to such disposition as may be provided by the Legislature and ~n defau lt of such legislative provision, distribution thereof shall be m accordanc e with the justice of the matter, due regard being had to obligations of compensation incurred and existing'. State Examiner May Examine Employer's Books. Sec. 29. The State Treasurer may direct the State Examiner to examine the books, accounts or pay-rolls of any employer at any time for the purpose of securing any information desired in the administration of this act, and it shall be the duty of the State Examiner to perform such service when called upon by the State Treasurer. Existing Contracts and Pending Actions Not Affected. Sec. 33. This Act shall not affect any contract entered into and existing before its passage or any action pending or cause of action existing prior to April 1st, 1915. Disabled Workman Examined by Employer's Physician.-Recovery Reported .to Court. Sec. 30. Any workman awarded compensation for temporary total disability under this act, as defined by clause ( c) of Section 19 hereof shall, if thereafter requested by bis employer, submit himself for medical examination by a physician licensed to practice 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 bis earning power at any kind of work is restored, the fact shall be reported by the employer and said physician to . the judge of ~he District Court who made the award in the first instance, or if there be a dispute, as to the recovery of the workman and his restoration to earning power, it shall be likewise reported to said Judge by filing a statement in either case in the office of the Clerk of the District Court of the County where the award was made and the matter shall be disposed of in such manner as said Judge may deem proper under the facts. If said Judge find that said workman has recovered and has been restored to his earning power and that compensation should be discontinued, his decision and judgment in the premises shall be certified to the State Auditor and State Treasurer and shall be authority and direction ~o said officers to discontinue compensation payments. If the workman m such case refuse to submit to such examination or obstructs the Sec. 34. This Act shall take effect and be in force from and after the 1st day of April, 1915. Approved February 27, 1915. I -----J � 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 Varied information regarding compensation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1925 Subject The topic of the resource Worker's Compensation Description An account of the resource Large stack of paper wrapped in pink ribbon. Contains memos and letters within the company, as well as legislation, statistics, and policies from multiple states. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B Pryde, H.J. Harrington, R.S. Brooks Identifier An unambiguous reference to the resource within a given context 1-0204 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.