https://haylibrary.cvlcollections.org/files/original/0a61ff56a424e15348deb0b18d2955f9.pdf ca39e047a80ea8d6f6c17f79b9c8e7a4 PDF Text Text .) / \ ,,_ - ---- ( \ I ;, r- /\ t ~ : ~-I . • I I \ I," ' -------\ ' J -(:I f (.• ,._. ;zJ ' 1/ ((\ WORKMEN'S COMPENSATION ACT OF THE . ! STATE OF WYOMING CHAPTER 258 WYOMING COMPILED STATUTES 1920 AND ACTS RELATING THERETO Furnished by W. H. EDELMAN, State Treasurer CHEYENNE,WYOMING �BRIBERY IN CONNECTION WITH WORKMEN'S COMPENSATION ACT CHAPTER 97 -S. L. 1925AN ACT making- bribery of or by a ny person employed or concerned in the administrat ion of the ,vorkmen's Compensation Act a crime, and providing- a punishment therefor. Be it Enacted by the Legislature of the State of W'.)1oming: SECTION 1. Whoever corruptly gives, or promises to give, pay, or imburse, or whoever offers to give, pay, or imburse any Court officer or employee, or any person employed or concerned under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do any act beneficial to any such person to influence his action or to secure his assistance in the administration of the Workmen's Compensation Act, and whoever being a Court officer or employee or a person employed under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of the Workmen's Compensation Act, shall be deemed guilty of felony and upon conviction thereof, be imprisoned in the- penitentiary not more than fourteen (14) years. SECTION 2. This Act shall not be taken to repeal or affect any existing statute relating to bribery. SECTION 3. This Act shall take effect and be in force from and after its passage. (Approved April 25, 1925.) �4 COMPENSATION LAW The Workmen's Con1.pensation Law AN ACT providing compensation for . injuries or 1eat~ resulting from injuries, of workmen ~r?m accident occurnng m extra-hazardous employments, defmmg i:xtra-ha·~ardous employmen_ts_ and providing for the accumulation, mamtenance and admm1stration of funds in the State Treasury for the payment of such compensation and repealing Sections, 3526, 4291 and 4292 of Wyoming Compiled Statutes, 1910, 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 Legislature of the State of Wyoming: §4315. This Act shall be known as the "Workmen's Compensation Law." 4316. General Provisions. Compensation herein provided for shall be payable to persons injured in extra-hazardous employment, 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 fund 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 for injuries or death from injuries or in anywise in conflict with this Act are hereby repealed, as to the employments, employers and employees coming within the terms of this Act. Provisions Exclusive, Compulsory and Obligatory. §4317. The rights and remedies provided in this Act for an employee on account of an injury shall be exclusive of all other rights and remedies of such employee, his personal or legal representatives or dependent family at com- �STATE OF WYOMING 5 mon law or otherwise on account of such mJury; and the terms, conditions and provisions of this Act for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming within the provisions hereof. (L. 1915, Ch. 124, §2.) Extra-Hazardous Occupations. \ t I §4318. The extra-hazardous occupations to which this chapter is applicable are as follows: Factories, garages, mills, printing plants and workshops where machinery is used; foundries , blast furnaces, mines, oil wells, oil refiner· ies, gas works, natural gas plants, water works, reduction works, breweries, elevators, dredges, excavations, transfer companies, general teaming, general trucking, smelters, powder works, laundries operated by power, quarries, engineering works, logging, lumber yards, lumbering and saw mill operations, street and interurban rdlroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished; painting and painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, bridge building, the occupations of city or town firemen and city or to,vn policemen and all employments wherein a process requiring the use of any dangerous explosives or inflammable materials is carried on, which is conducted 'for the purpose of business, trade or gain, each of which employments is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein requires risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this chapter, shall be saved the remedies now existing therefor. (L. 1915, Ch. 124, §4 ; L. 1917, Ch. 69, §1; S. L. 1919, Ch. ~17, §1; S. L. 1923, Ch. 60, §1.) 4319. Exceptions. This Act shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce, as to be not subject to the legislative power of the State nor to persons injured while they are so engaged, nor to any employee engaged in domestic service, ranch, farm, agricultural, or horticultural · labor, or stock �'4l 6 COMPENSATION L~W raising, or any person holding an appointment as shen"'ff or deputy sheriff or constable or deputy constable. (L. 1915, Ch. 124, §5; S. L. 1923, Ch. 10, §2.) Definitions. §4320. In this Act unless the context otherwise requires: (a) "Factories" ~ean an.f" prem.is~s wherein_ power is used in manufacturing, making, alt ering, adapting, ornamenting finishing, repairing or r enovating, any article fol' the p~rpose of trade or gain or the business carried on therein including expressly any brick yard, meat-packing house,'foundry, smelter, ore r€:duction works, !im~bu_rning plant, stucco plant, steam heat ing plant, electric hghting or power plant, including all work in or directly connected with the construction, installation, operation, alteration, removal or repair of wires, cables, switch-boards or apparatus used for the transmission of electric current, and water power plant, including to\vers and standpipes, power plant,. blast furnaces, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or repair shop, oil plant, oil refinery plant and chemical manufacturing plant. (b) "Work shop" means any yard, plant, premises, room or place where power driven machinery is employed and manual labor is exercised by way of trade or gain or otherwise incidental to the process of making, altering, repairing, pl'inting or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control. (c) "Mill" means any plant, premises, room or place ~here l'n~chinery is used, any process of machinery, changing, alter1:3g or repairing any article or commodity for sale or otherwise together with the yards and premises, which are a part of th_e plant including elevators, warehouses and ~unkers, 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 tum~els, ~nd o~her way's, cuts and openings c~mnected therewith, including those in the course of being opened, sunk or dr!ven, and includes all the appurtenant structures or machinery at or about the openings of the �STATE OF WYOMING 7 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, extensio n, 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 caisson work or work in artificially compressed air, any work in dredging, work on log or lumber rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections, t he erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (including belting and other connections) and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high e>..1)losives is in use (excluding mining and quarrying). (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (L. 1915, Ch. 124, §6; L. 1919, Ch. 117, §2; S. L. 1923, Ch. 60, §4.) Workman-Definition. §4321. (i) "Workman" means any person, who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employee" and the term "employee"' shall include "workman," and each shall include the singular and plural of both sexes. Any reference to a workman, who has been injured shall, where the workman .is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal" representative �8 COMPENSATION LAW or where the workman is a minor or incompetent, to his guardian or next friend. (Amended by §2, Ch. 117, S. L. _ 1919.) (j) "Dependent families" as used in this chapter means such members of the workman's family, as were wholly or in part actually dep endent upon the workman for support at the time of the injury ; if it be sho~n that the surviving spouse wilfully deserted deceased W1thout fault upon the part of the deceased, such surviving spouse will not be re(Tarded as dependent in any degr ee. No surviving spous: shall be entit led to t he benefi ts of t his chapter unless he or she shall have been married to t he deceased at the time of the injury. (Amended by §3, Ch. 138, S. L. 1921.) (k) "Child or children" means boys under sixteen years of age and girls under eighteen years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death from injury. In other cases questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case -may be at the time of the injury; the foregoing definition of "dependent families" shall not include any of the persons named, who are aliens residing beyond the jurisdiction of the United States of America, except a surviving widow, or boys under sixteen (16) years of age or girls under eighteen (18) years of age, or parent or parents, and as to such nonresident aliens the rate of compensation shall not exceed thirty-three and one-third per cent (33 1-3 %) of the rates of compensation herein provided. (L. 1915, Ch. 124, §6; L. 1917, Ch. 69, §2; S. L. 1923, Ch. 60, §3.) (1) The words "injuries sustained in extra-hazardous employment," as used in this Act shall include death resulting from injury, and injuries to employees, as a result of their employment and while at work in or about the pr~m~ses occup_ied, used or controlled by the employer, and mJunes occurr1ng elsewhere while at work in places where ~heir employers' business requires their presence and subJects them to extra-hazardous duties incident to the business! but s_hall no~ include injuries of the employees occurrmg while on his way to assume the duties of his employm~nt ?r. afte1: leaving such duties the proximate cause of which mJury is not the employer's negligence. . (m~ . The words "injury and personal injury" shall not mclude rnJury caused by the wilful act of a third person directed against an employee for reasons personal to such em- �STATE OF WYOMING 9 ployee, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment. . (n) "Invalid" means one who is physically · or mentally incapacitated from earning wages. (L. 1915, Ch. 124, §7.) • Guardian May Act. §4322. In case an ·injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the t ime when any right or privilege accrues to him under this Act, his guardian may, in his behalf claim and exer cise such right or privilege and no limitation of time, in this Act provided for, shall run, so long as such incompetent or minor has no guardian. (L. 1915, Ch. 124, §7.) If Other Than Employer is Liable. §4323. Where an employee coming under the provisions of this Act received an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaching to the employer, then and in such case such employee shall be left to his remedy at law against such other person, and compensation shall not be payable under this Act. (L. 1925, Ch. 124, §8.) ?-'his Act Governs. §4324. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part from any liability created by this Act except as herein provided. (L. 1915, Ch. 124, §9.) Blan!{ Forms Provided by the State Treasurer. §4325. It 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 in the administration of the act, and the forms provided by the State Treasurer shall be used as near as may be in all procedure under the act; and it shall be the duty of the State Treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The State Treasurer shall also prepare and �◄ 10 COMPENSATION LAW cause to be printed for the information ~f emp_loy~es_ and workmen such helpful instructions as will assis~ mJured workmen in correctly making claims for compensat10n. (L. 1915, Ch. 124, §10; L. 1923, Ch. 60, §5.) Employer's Re por t of Accident. §4326. Whenever an accident occur s causing injury to any workman engaged in 2.ny of the extra-hazardous employments defined by this Act , it shall be the duty ~f the employer and the inj ured employee or someone on his behalf or in behalf of the inj ured employee's dependents, if he be killed or dies from the injmy, within 20 days thereafter to make a report of such accident and t he apparent injury resulting therefrom and t o 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 name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury · has disabled the workman from continuing the performance of his duties. (2) Whether the accident occurred while the workman was engaged in the duties of his employment, and grew out of the employment. (3) The nature of the employment and the duties and how long the 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 employee and .if so, a statement of the facts. (5) Whether the injured workman is married or single; 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 intends to claim compensation under this Act. • · Said employer's report of accident may be made upon a printed form prepared by the State Treasurer for such pu!-poses,. and shall be verified as pleadings in civil actions. Wll!ul failure or ne~lec~ on the part of any employer whose ~usmess <_>r occupation is one enumerated and defined here~n,. as bemg extra-~azardous, to report accidents causing mJlll'Y 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 Dollars ($500.00). �STATE OF WYOMING 11 The injured employee's report of accident may be made upon a printed · form prepared by the State Treasurer for that purpose. No order or award for compensation shall be made unless in addition to the reports of accident an application or claim for award is filed by the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their behalf, with the clerk of the district court in the county wherein such accident occurred, within three months after the day on which the injury occurred, provided however, if the employee's report of accident is filed within the prescribed period for filing an employee's report of accident , the period of limitatio 1 for the filing of such claim shall be nine months. Neither the reports of accidents nor anything therein contained shall constitute a claim for compensation. The employee's claim for compensation may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. (L. 1915, Ch. 124, §11; S. L. 1923, Ch . 60, §6; S. L. 1925, Ch. 124, §1; S. L. 1927, Ch. 111, §1.) lnYes tigation by the District Judge-Procedure in Disputed Cases. §4327. Whenever an injury or death resulting from injury is reported to the Clerk of the District Court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said Clerk to at once notify the Judge of said Court, that such injury report has been filed in his office. It shall thereupon be the duty of said Judge to investigate the nature of said injury and claim for compensation at the 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, and if there be no dispute as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said Judge sl.1al1 thereupon make an order directing payment for such compensation 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 for a hearing at the earliest possible date and to direct notice of such hearing to be issued by the Clerk of said Court for service upon the employer and the employee at least seven (7) days before the date fixed �12 COMPENSATION LAW for said hearing which said · notice shall be se~·ved by ~he Sheriff of said county without expense to either pa1ty, except that his actual travelin~ expenses shall be allowed and taxed as costs. The heanng shall be conducted upon t he state~ent and report filed by t he ~mplo~er and su~h formal claims as may be presented and filed ~ t_h t he Cle1k of the District Court by or on behalf of the _i~Jured workman. If the employer in his report of t he mJU!J'.', alleges that the inj ury was due solely to t he_ culpable neghgei:ce ~f the injured employee, or that the_ c_la1m for C?mpensahon is one not coming within the provisions of th1s law, then a jury may be demanded by e!ther party_ and _t he cause sha.JI be tried, as a court proceedrng. If a Jur y 1s _dema!lde?, ~t may be selected from names drawn !ro~ t he five mile h1:1it jury box, as in civil cases, at any time m term or vacat10n unless a regular jm·y panel be in attendance ~t Court ?11 t he date any such hearing may occur . The takmg of evi~ence shall be summary, giving full opportunity t o all parties to develop the facts fully. The official Court Reporter of t~e district shall attend t he hearing and make a stenographic report of the evidence without cost to either party. The Court or Judge shall direct the County and Prosecuting Attorney or other competent attorney appointed by the Court to conduct the examination of witnesses on behalf of the injured workman, ·and it shall be the duty of said attorney to appear and perform such services 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 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 the verdict and judgment be in favor of the employer, but if against the employer then he shall pay the costs. At the conclusion of the hearing, the Court shall enter an order pursuant to the verdict of the jury, if a jurv be called and if no jury be called, the Court or Judge shall render a decisio~ _upon the _facts and law of t he case pursuant to the provi~10ns of this J\ct, and make an order allowing or disallowmg compensat10n, as the law and the evidence may warran~. In any proceeding before a Court or Judge as af?resaid, the Co~ or _Judge. shall have authority to ap:po~nt a duly quahfled J.l!1Parhal physican to examine the mJu:ed employee a~d give testimony. ·The fee for such service shall be Five ($5.00) Dollars unless otherwise ordered by. the Court .with mileage all~wed, as is allowed to other W1;tnesses, which sh~ll be taxed, as costs, -and paid as other witness fees are paid. The employer or employee �STATE OF WYOMING 13 may at his own expense also appoint a qualified physician, who may attend and be present at any such examination of an injured employee and give testimony at such hearing or investigation. (L. 1915, Ch. 124, §12.) Appeal to Supreme Court. §4328. Any order given and made in any in vestigation or hearing by a Court or Judge pursuant to the provisions of this chapter shall be reviewable by the State Supreme Court on proceedings in enor in the manner prescribed by t he code of civil procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the Sup1·eme Court within t hirty (30) days from the date of decision or order on motion for new trial by a Court or a Judge, unless t he time be extended by order of court or Judge, and thirty (30) days shall be allowed all parties thereafter for filing briefs and said appeal shall be advanced on t he calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is prosecuted on behalf of the injured workman, the County and Prosecuting Attorney, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official Court Reporter of the District wherein said injury occmTed and duly certified ,vithout 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 representing said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf.. The Court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the Court seem just and proper. (L. 1915, Ch. 124, §13; S. L. 1925, Ch. 124, §2.) Court Order Recorded-Copies to Auditor and Treasurer. §4329. Every order given and made by a District Court or Judge awarding payment from the Industrial Ac- �14 COMPENSATION LAW . . d 1 yee or his dependent family, cident Fund to an mJure d e;ip ti Clerk of t he Court where shall be entered of ~-ecorh _Y f eh 11 be immediately made given and tr ue copies t er eo s a St t A f . d bY s ai·d Clerk and for warded the an d cer.... d ie . fto w , ·a e u-d 0 ditor and State Treasurer,. r espectively, J ?mmJ't shall be by each of said officers entered upon a I i cor t~ e known as the Compensation Docket and shall e au ority and direction of t he State Auditor to i_ssue w~rrants for compensation awards against the Industrial Accident F ~nd and for the State Treasurer to pay such compensation awards from said fund. ab Industrial Accident F und-A ppropr iation. §4330. There is hereby created a fund to be kno wn as the "Industrial Accident F und," which shall be held by t he State Treasurer and by him deposited in such banks as are authorized t o receive deposits of the fund s ?f. t he Stat~. The Treasurer in making said deposits shall divide t he said Industri al Accident F und into two distinct funds, one to be kno,vn as the "General Fund" and t he other to be known as the "Reserve Fund." The "General .F'und" as near as may be, shall be used for payment of all awards 1 claim~ a nd items of expense chargeable against the In fo stnal Accident Fund, and t he "Reserve Fund" shall not be used for ~ny ·<?f said payments unless the "General Fund" at the time 1s insufficient to meet the demands upon it , in \vhich case the Treasurer shall transfer from t he "Reserve Fund" to the "General Fund" a sufficient amount to meet ·the . immediate demands upon said "General Fund." The purpose of creating said "Re.~erve Fund" is to provide a fund within the Industrial Accident Fund sufficiently large to pay great and unusual demands upon the Industrial Accident Fund which might be caused by a large disaster or · by several such disasters occurring within a short time, and the "Reserve Fund" shall be kept apart from the "General Fund" and as near as may be unused in accordance with said purpose. Within thirty days from February 20, 1919, the State Treasurer shall set aside in the "Reserve Fund" Three Hundred Thousand Dollars ($300,000.00), and thereafter shall set aside in this said "Reserve Fund" at the end of ea~h ~onth twenty-~ive per cent (25%) of all moneys received m the Industnal Accident Fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "General Fund." Three-fourths of the "Reserve Fund" shall be as near as may be kept invested in_U~ited State~ _Government Bonds, State, County, School District or Mumcipal Bonds. All moneys received by the State Treasurer under the provisions of this Act shall become a part of the Industrial Accident Furid. All fees or �STATE OF WYOMING 15 mileage of witnesses, jurors and physicians adjudged to bepaid from the· accident fund in any court proceeding under this Act, and all contingent expenses incurred in preparing for and in the administration of this Act shall be paid from the Industrial Accident Fund on proper vouchers and warrants. (L. 1915, Ch. 124, §15; L. 1919, Ch. 117, §15.) "Employer's Assessment" §4331. Every employer engaged in any of the occupations herein defined, as e}d;ra-hazardous, is hereby required to pay into the State Treasury for the benefit of the Industrial Accident Fund a sum of money equal to one and one-half per cent (1½ %) of the money earned by each of his employees engaged in such extra-hazardous employment during each calendar month of uch employment. Such payment shall be so made on or before the 15th day of the month follov.ring the month for whi ch such payments are computed and paid . Each employer shall continue to make mont hly conh·ibutions as above provided unless his account after making the hereinafte1· specified deductions therefrom shall equal full two per cent (2 % ) of his annual payroll computed by multiplying his current months payroll of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than Three Thousand Dollars ($3,000.00) ; provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of money (including the payments as above specified) equal to four per cent (4 %) of the moneys earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall- not be compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal two per cent (2 %) of his annual payroll, and shall likewise be not less than Three Thousand Dollars ($3,000.00). In addition to the other payments required by this section to be paid into the Industrial Accident Fund, every employer engaged in any of the occupations herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." Such service and policing charge shall be paid by the employer into the State Treasury for the benefit of the Industrial Accident Fund and shall not be credited to the balance of the employer ·contributing. The amount of balance in the Industrial Accident Fund to the employer's credit shall not relieve him . of his duty and liability to pay the •service and policing charge; provided, however, that no employer who pays for �COMPENSATION LAW 16 any calendar month four per cent of the moneys earned by each of his employees engaged in such extra-hazardous employment during such calendar mont h shall be compelled to pay a service and policing charge for such month. The ser vice and policing charge shall be computed on the monthly premium paid by t he individual employer into t he State Tr easury for t he benefit of the Industrial Accident Fund during each calendar month or on the premium which t he employer would have been required to pay had not the amount of t he employer's balance relieved him from t he payment of a premium. The amount of the service and policing char ge shall be determined according to the following schedule: Where the Monthly P ayment is- ,Service and Policing Charge for the Month Less than $10.00 ___ _______ __ __ ____ ____ $ 2.00 00 i~ ~g:gg i~f l. ============= f·o• o 40.00 " $ ~g:gi $ 30.01 to 40.01 to 50.01 to 60.01 to ============= 50.00 60.00 70.00 " " " ___ ___ _____ __ _______ __ ____ 16:gg 15.00 20.00 ~g:gg 90.01 to 100.00 100.01 to 250.00 250.01 to 500.00 500.01 to 750.00 750.01 to 1000.00 1000.01 to 2500.00 2500.01 to 5000.00 Over $5000.00 :: " " ,, " " ,, ,, ---- - - - --- - -------------------------------------------------------- - ----------------------------------------- 25.00 30.00 35.00 50.00 75 .oo 100.00 125.00 150.00 175.00 209.00 ~8:8i i~ -----------------------For the purpose of encouragin . the employers and· thus decreasing !cc1~~~t~~ the plart of and to the end that each em . o emp oyees, injuries to the workmen of s P1hyer shall compensate all of other employers, the State uTr em~loyer and not those arate account for each employ _easmer s~all !ceep a sepfund and shall charge a ainst er so contnbutmg to said all warrants paid from fhe Indt~et ~c coAunt_of each employer. na1 cc1dent Fund. (a) As awards for inJ·u .• t O ployer. nes employees of such em0- �STATE OF WYOMING 17 (b) In payment of medical and surgical supplies and medical or hospital attendance of an employee of such employer. (c) ·In payment for investiga)tions of accidents of such employer, or in payment of investigations of injuries to his employees. (d) In payment of witness fees in cases wherein an order of award is granted to the employee of such employer. (L. 1915, Ch. 124, §16; S. L. 1917, Ch. 69, §3; S. L. 1919, Ch. 117, §4; S. L. 1923, Ch. 60, §7; S. L. 1925, Ch. 124, §3; S. L. 1927, Ch. 111, §2.) Copy of Payroll to State Treasurer. §4332. It shall be the duty of each employer to forward to the Stat e Treasurer on a blank form provided by said State Treasurer a true copy of his pay-roll of persons in his employ engaged in extra-hazardous employment during the cun-ent calendar month, sworn to either by himself or the person having knowledge of said pay-rolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said State Treasurer for the same. It shall further be the duty of each employer heretofore mentioned to notify the State Treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this Act. Any failure of any such employer to file with said State Treasurer a copy of his pay-roll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavit made . as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed as in this Act provided shall be punishable by a fine of not more than Five Hundred · ($500.00) •Dollars. (L. 1915, Ch. 124, §17; L. 1917, Ch. 6~, §4; L. 1919, Ch. 117, §5; S. L. 1923, Ch. 60, §8.) Powers of State Treasurer and Attorney General. §4333. The State Treasurer is authorized and empowered for the purpose of enforcing the provisions of this act to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the Industrial Accident Fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this Act, shall fail or refuse to pay the assessment upon his current monthly pay-roll, as is required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred �18 COMPENSATION LAW Dollars ($500.00) , and in addi tion to the sa}d fin e it s~all be t he duty of the Attorney General of t his State to rn~mediately bring suit in the name of t he ~tate for t he benefit of t he Industrial Accident F und agams~. su_ch emplo~er for t he collection of such assessment, 3:nd 1f_a Judgm ent ror t he r ecover y of said assessment be . given m ~avor o~ t he State for t he use and benefit of t he Industnal Accident Fund said judgment shall be fo r doubie t he amo unt of t he pay-r~ll assessment pr ovided in Sect10n 4331 hereof, together with costs. (L. 1915, Ch . 124, §18; L. 1917, Ch . G9, §5; S. L. 1923, Ch. 60, §9; S. L. 1927, Ch. 111, §3.) Compensation Schedule. §4334. Each employee, who shall be injured in any of the extra-hazardous employments, as herein defined, or t he dependent fam ily of any such injured ·workman, who may die as t he r esult of such inj uries, except in case of injuries due solely to t he culpable negligence of such injured employee, shall receive out of t he Industrial Accident F und, co:mpensation in accordance wit h t he following schedule, and such payment shall be in lieu of and take t he place of any and all rights of action against any employer contributing, as required by t his Act to the Industrial Accident Fund in favor of any per son or persons by r eason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye or the sight of one eye, one or more fingers, one or more toes and di~l~cation where the ligaments are severed, or any o!her. ~nJury known to surgery to be permanent partial d1sab1hty .. f"or any p~rmanent p_artial disability hereinafter specifically descnbed, resultmg from an injury the workman shall receive a lump sum as follows: ' For the loss of a thumb_____ ________ $ 225.00 For the loss of a first finger _______ -------= • 200.00 For the loss of a second finO'er 150 00 For the loss of a third finge; __ =-------- - 150:00 For the loss of a fourth finger _________ ----150.00 For the loss of a palm (metacarpal bone)--- -600.00 For the loss of a hand_____________ -- - -- 1 00 00 FFor tthhe Ioss off an arm atbor below elb~.;:,====== 1:ioo:00 or e 1oss o an arm a ove elbow__________ 1,500.00 For Anky-los_is. (~otal stiffness of) or cont.ractures (due to scars or mJur1es) which makes the fingers more t~an useless the same ar_nounts apply to such fin er or fmgers (not thumb) as given above. _ g �STATE OR WYOMING 19 The loss of a t hird or distal phalange of the t humb shall be considered to be equal t o the loss of one-half of s uch t hum b; t he loss of t he more t han one-half of such t humb shall be considered to be eq ual to t he loss of the ·whole t humb. The loss of a t hird or distal phala nge of a ny finger shall be consider ed t o be equal t o the loss of two-t hirds of such finger . The loss of more t h an th e middle and distal phalanges of any finger shall be consider ed to be equ al t o t he loss of t h e ·whole finger; provided, h owever , t hat in no case s hall the amount received for more t han one fi nger exceed t he amount provided in t his schedule for the loss of a hand. For t he loss of a gr eat toe _____ __ ____________ _ $200.00 For t h e loss of one of t he toes other t han great toe 150.00 The loss of more than two-thirds of any t oe shall be consider ed eq ual t o the loss of t he whole toe. The loss of less than t wo-t hirds of any toe shall. be considered equal to t he loss of one-half of t he toe. F or t he 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 oj,;her inj ury known to surger y to be permanent partial disability , the workman shall r eceive a sum in the amount proport ional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every such case t he amount allowed for the injury shall be paid in monthly installments at the rate of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is living at the time of the injury, provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injurea workman as a lunip sum. (b) "Permanent total disability" means the loss of both les-s or both arms, total loss of eyesight, paralysis or �,, '' 20 COMPENSATION LAW other conditions permanently incapacitati?g the work~an from performing any work at any gamful occupat10n. Where there has been a previous disability, as the loss of one eye, or the sight thereof, one hand, one foot, or a1:y o~~er previous permanent disability, the percei:tage of disabil_ity for a subsequent injury shall be determined_ by. ~eductm_g therefrom 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 the sum of Four Thousand ($4,000.00) Dollars, but in every such case the amount allowed for the injury shall be paid in monthly installment s at t he r1:1-te of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at t he rate of Sixty Dollars per month if t he workman has a wife with whom he is living at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of t he unpaid balance of the award to be paid to the injured workman as a lumJj sum; provided that if the workman shall die leaving an unpaid balance of the award, then such unpaid balance shall be returned to the Industrial Accident Fund and be credited to the employer's balance. If the workman suffering such permanent total disability fiave a boy or boys under sixteen (16) years of age, or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum of One Hundred and Twenty ($120.00) Dollars per year for each boy under sixteen (16) years until the time when each of said boys shall become sixteen (16) years of age, and a lump sum of One Hundred and Twenty ($120.00) Dollars _Per ye~r for each girl und~r eighteen (18) years of age until the time when each ~f said girls shall become eighteen (18) years of age; provided that the aggregate lump sum paid to said guardian shall in no case exceed Four Thousand ($4,000.00) Dollars, and any and all awards made on account of any such child or children shall be disbursed under a pro:per guardianship to be c;eated by the Court or Judge makmg such award . . (c) "Te~porary total disabilit.(y" means an injury which thoug!'i it .maY: Fesult or does result in a permanent total or partial disability, temporarily incapacitates the in- �STATE OF WYOMING 21 jur~d person fr?m performing any work at any gainful occupat10n for the time, but from which injury such person may recover by medical or surgical t reatment and be able to resume work. In such case, if t he workman be unmarried at t he t ime of t he injury he shall recei ve t lie sum of Fifty ($50.00) p ollars per month, so long as t he total disability shall cont inue. If he have a wif e with whom he is living at t he time of t h e inj ury, he shall receive Sixty ($60.00) Dollars per month, and if he have boys under sixteen (16) year s of age or girls under eighteen (18) yea.rs of age or both he shall r eceive for each Seven and One-half ($7.50) Dollars'per month, but the total monthly payments shall not exceed Ninety ($90.00) Dollars per month. No compensation except t he expense of medical attention shall be allowed for th e first seven (7) days of disabi lity, unless the incapacity extends beyond t he period of twenty-one (21) days, in which case t he compensation shall run from the t ime of t he inj ury. As soon as r ecovery is so complete t hat t he ea.m ing power of t he workman at any kind of work is r estored, t he payments shall cease, but in no case shall the total payments made in s uch cases exceed in t he aggregate t he lump sum amount herein specified to be paid an injured workman for injuries causing perma nent total disability. When the workman has non-resident alien children he shall receive only one third of the sum above fixed for boys under sixteen years of age and girls under eighteen years of age. (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and of care in hospital of the injured workman shall be paid from date of said injury, the expense of medical treatment not to exceed One Hundred and Fifty ($150.00) Dollars in any case and the expense of care in hospital not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, . or the employer furnishes adequate and proper medical attention and hospital facilities to his employees, provided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The State Treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employees under this .section shall be compensated. Each physician or surgeon attending a workman injured while engaged in extra-hazardous occupation shall file with the Clerk of the Court of the county within which such injury occurred and with the State Treas- �22 COMPENSATION LAW urer under rules to be pr.esci··1bed b )'. the . Stat e Treasurer . f ha full and complete report fully d~scn bmg th e ~ a~m 0e1 injuries to such workman ; pr?v1d_e? t hat SU? / eP, s \1 not be r equired unl ess t he d1sab1hty _r~sul t m"' f ~~m su~ inj ury last· through t he day or. the m~ ury 1:eq u1~e me ical services other t han the ordmary fll'st aid treatment. Any physician or surgeon faili ng to fi~e any report 8:s herein provided hall be punished by a fme of not more t h_an Fifty ($50.00) Dollars. Where death _results from an mjUl'y t he expense of burial shall be pa1~ not to exceed One Hundred and Fifty ($150.00) Dollars m any case, unless ot her arrangements exist between employer and ernp~oyees under agreement . (S. L. 1923, Ch. 60, §11; S. L. 1920, Ch. 124; S. L. 1927, Ch. 111, §4.) .f J i (1) But if the wor kman leaves a widow or i!walid widower to whom she or he has been regularly marned by a marri~ge duly solemnized by a legal ceremony, such s urviving spouse shall receive t he sum of Two Thousand ($2,000.00) Dollars, but in ever y such case t he said award shall be paid in mont hly installments at t he ra te of Fortyfi ve ($45.00) Dollars per mont h; provided, however, that t he co urt making such award may upon application and hearing, wit h notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to the surviving spouse as a lump sum. If the surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to recei ve the sum of Two Hundred and Seventy ($270.00) Dollars out of the unpaid balance of said award, and further payment shall cease, and any balance of 'the award shall return to the General Fund and the same shall be credited to the employer's balance; if the surviving spouse shall die before all of said award has been paid then further payment shall cease and any balance of the award shall return to the General Fund and the same shall be credited to the employer's balance. Provided, further, that if it be shown that the surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spouse shall not be regarded as a dependent in_ any degree, but in such case the right of boys under sixteen (16) years of age and girls under eighteen years of age to compensation shall not be defeated. If said workman leaves a surviving boy or boys under sixteen (16) years of age_or girl or girl~ under ~ighteen (18) years of age, the guardian of such child or children appointed as hereinafter provided, shall receive for the u;e and benefit of said child or children, a lump sum of One Hundred and Twenty· ($120.00) Dollars per pear for each surviving boy �STATE OF WYOMING 23 un_der six~e~n (16) years of age until the time when each of said surv1vmg boys shall become sixteen (16) years of age, and a lump sum ~f One Hundred and Twenty ($120.00) Dollars per year for ~ach surviving girl under eighteen (18) years of age until the time when each of said survivi1~g girls shall become eighteen (18) years of age; provrded ~hat the aggregate lump sum paid to said guardian shall 111 no case exceed Three Thousand Six Hundred ($3,600 .00) Dollars. In all cases where an order of compensation is made on account of boys under sLxteen (16) years of age, or gir)s under eighteen (18) years of age, or both, or to per sons incompetent, said fund s hall be disbursed under a proper guardianship to be created by the Co urt or Jud ge making s uch an order. (2) If t he inj ured workman di e during the period of temporary total di sability and after receiving compensation therefor, as herein provided, and his death be shown to have resulted from such injuries, the widow and the guardian of the workma n's boys und er sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a,vard because of the death of the workman as herein provided, but the total amount of payments in excess of Two Thousand Four Hundred ($2,400.00) Dollars received by the injured workman during such disability and prior to his death shall be proportionately deducted from the amounts herein provided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. (3) If any workman die within one year from the date of receiving an award for permanent partial disability and his death be shown to have resulted from the injuries for which the award was granted, the widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a·ward because of the death of the workman as herein provided, but the amount of the payments received by the injured workman prior to his. death. shall ~e proportionately deducted from the amounts herem ~rovided to be paid to the surviving widow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. ( 4) If any workman die within two years f~cim. ~he date of receiving an award for permanent total d1sab1hty and his death be shown to have resulted from his injuries, the widow of said workman shall be entitled to an award because of the death of the workman as herein provided, but the amount of the payments received by the injured �24 COMPENSATION LAW workman in excess of $2,000.00 prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, o~· widower or boy under the age of sixteen (16) years, or g1rl under the age of eighteen (18) years, but leaves a parent or pare1;1ts surviving such survivino- parent or parents shall receive a lump s~m of One Thou:and ($1,000.00) Dollars; provided a parent or parents who are non-resident aliens shall receive a lump sum of one-third of One Thousand ($1,000.00) Dollars. (L. 1915, Ch. 124, §19; S. L. 1917, Ch. 69, §6; S. L. 1919, Ch . 117, §6 ; S. L. 1921, Ch. 13_8, §7; S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124, §4; S. L. 1927, Ch. 111, §5.) Forfeiture by Injured Emp loyee-Payme nt Withheld . §4335. If any injured employee shall persist in unsanitary or injurious practice, which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is r easonably essential to promote hi s recove1-y, he shall forfeit all right to compensation under this Act; and ,vhere a n injured employee is under care and t reatment of a physician, he shall no t be permitted to perso nally receive or use any compensation payments allowed him under this Act, except upon the order of such physician, but such payments shall be withheld and delivered to such injured workman upon his recovery or discharge . by such physician. Exemption from Execution or Attachment. §4336. No money paid or payable under this Act out of the Industrial Accident Fund shall, prior to issuance and delivery of the warrant therefor be capable of being assigned, charged or ever be taken in execution or attached or garnisheed, or shall the same pass to any other person by operation of law any such assignment or charges shall be void. Minor Workmen. §4337. A minor working at an 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 in this Act but in the event of a lump sum payment becoming du~ 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. ' �STP,..TE OF WYOMING 25 Extra-Hazardous Public Work-Contract Work. §~3~8. Whenever th~ State, county or any municipal corpoiat10n shall engage m any extra-hazardous work in wh1~h workmen are employed for wages, this Act shall be apph~able th_ereto. The employer's payments into the Industrial Accident Fund shall be made from the Treasury ~>r the State, county or municipality. If said work is bemg done by contract, the payroll of the contractor and ~he sub-contractor shall be the basis of computation and ~n the case of contract v. oTk consuming less than one year m performance the reqmred pay'm ent into the accident fund shall be subject to the provisions of this Act and the State for its general fund, the co unty or municipal corporation shall be entitled to collect from the contractor the full amount payable to the Industrial Accident" Fund and the contractor in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment, the provisions of this section shall apply to all extra-hazardous work done by contract, except that in private work the contractor shall be responsible, primarily and directly, to the Industrial Accident Fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. Whenever and so long as the state law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employee shall not be entitled to the benefits of this Act and shall not be included in the pay-roll of the municipality under this Act. Safety Devices. §4339. Nothing in this Act contained shall repeal any existing law , providing for the installation or 11!-aintenanc_e of any device, means or method for the prevention of a_cc1dents in extra-hazardous work or for a penalty or pumshment for failure to install or maintain any such protective device, means or method. Fees for Services in Procuring Compensation Limited. §4340. It shall be unlawful for any person ?r any number of persons acting togeth~r or separately or m any way, including attorneys, agents, mte~pret~rs, an~ all other _pe~sons, to receive or agree to receive _e1_th~r directly OF md1rectly from any beneficiary or beneficiaries _under. t~1s Act, for services rendered or to be rendered, e1th_er Jomtly _or separately, in relation to procuring any ben~fit or benefits under this Act, any sum or sums aggregab,ng more than �26 COMPENSATION LAW fi ve percent um of t he whole amount r eceived or to be received by such benefi ciar y or beneficiaries on accoun~ of injuries to a ny employee, and in no event to exceed F 1f~y ($50.00) Dollars. Every person violating or concerned_ m t he violat ion of the provisions of t his section shall be g ~1lty of a misdemeanor and upon conviction t hereof shall be f med not less t han fi ft; dollars nor mor e than fi ve hundr ed dollars, to which may be added imprisonment in t he ~o unty j ail fo r a t erm not exceeding ninety days. It shall ne t he du t y of the county and prosecuting attorn ey of the cour:ty in ·which any injury occ urs to give all necessary legal a dvice to any injured workman or his dependent, who may seek advice in making and fil ing claims for compensation, an d to prepare all statements of claim or other papers necessary or advi sable to be £iled by such ·w orkman or depend ents, free of all char ges and co. ts. (Amended by s 8, Ch. 138, S. L. 1921.) Ph ys icians Re quired to Tes tify. §4341. Any physician having attended an employee in a professional capacity may be r equi red to test if y before any Court or Judge wh en so directed in cases comi ng within t he provisions of t his Act, and t he law of privileged communicati on between physician and patient, as fi xed by statutes, shall not apply in such cases. False S tat ement by Employee. §4342. Any employee or workman who shall m.a ke or cause to be made on his behalf any misrepresentation or fal se statement for the purpose of receiving compensation under this Act to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than Three Hundred ($300.00) Dollarn or imprisoned for not more than ninety (90) days. Statistics Compiled by State Treasurer. §4343. It shall be the dut~ of the State Treasurer to secure and compile statistical information concerning accidents, occurring in 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 provisions of this Act; the amount paid out on account of injuries or death resulting from injuries 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 �STATE OF WYOMING 27 may .deem proper for changes or amendments herein and to pu blish a full repor t thereof, t o the Governor on 0 ; before t he 31st day of December in each year. (Amended by §7, Ch. 69, S. L. 1917.) State T reas urer l\Iay E xa mine Empl oye r's n oo ks. §4344. The State_ Treasurer may at any ti me on t wenty-four ho ur s notice, (unless such notice is waived ~Y t ~e employer) either in person or thro ugh any authorized rn spector, agent or deputy, exami ne t he books, accounts or pa:yrolls of a:ny emp!~yer at ~my t ime for t he p urpose of securmg an y mformatwn desU"ed in t he administra tion of t his Act. (S. L. 1927, Ch. 111, §6.) Disabled , v nrkm en E xa mined 1Jy E mploye r's P11ysician-Rccover y RepQr ted to Cour t. §4345. Any workman awarded compensation for temporary total disability under this Act as defi ned by clause (c) of Section 19 hereof shall, if t hereaf ter r equested by his employer, submit himself for medical examination by a physician licensed to practice medicine in t his State, at a place designated by t he 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 s uch 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 r ecovered so that his earning powe1· at any kind of . work is restored, the fact shall be reported by the employer and said physician to the Judge of the District Cour t 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 certifi;d to the State Auditor and State Treasurer and shall be authority and direction to said officers to discontinue compensation payments. ~f t~e workman in such case refuse to submit to such exammahon or obsh·ucts the same, his right to monthly payments shall be suspended until such examination has taken place, and no compen~ation shall be payable during or for account of such period or refusal. �I I' 28 COMPENSATION LAW Employee's Statement of Dependent Persons. §4346. All employees or workmen coming wit_hin the provisions of t his Act shall be required upon enterm~ service in any of the extra-hazardous employments ~erem defined to make and sign a written statement sett mg forth the names of the per sons dependent upon them for support or constitu ting member s of t heir dependent families, in each case giving t he names and ages of t heir boys under ~he age of sixteen (16) years and gir ls under the age of eighteen (18) years. Accounts I nactive Thr ee Yea rs to Be Closed. §4347. Any balance standing to the cr edit of any employer in t he Industrial Accident Fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of wh ich his said contributions ha ve been made shall be debited from his accou nt to the profit and loss account of said fund, and said employer's account shall be t hereupon fin ally closed, and thereafter the said balance shall permanently r emain a part of t he Industrial Accident Fund. Payments of Employers N ot to Be Refunded-Transfer and Assignment. §4348. All payments made into the Accident Fund by any and every employer under the provisions of this Act shall be taken as paid and received in consideration of the indemnity to such employer by reason of his contributing to the Industrial Accident Fund, and in consideration of the payments made by the State to such fund. Provided, that when any employer engaged in an extra-hazardous occupation as defined in this chapter, has heretofore sold and conveyed, or shall hereafter sell and convey his or its property to a purchaser whq continues to conduct and carry on said business at the same place the seller shall be entitled to transfer and assign to the purchaser all rights, benefits, privileges and immunities accruing to such employer by virtue of any sum then on deposit to his or its credit in the Industrial Accident Fund in the State Treasury under the provisions of said Act; and upon filing such assignment with the State Treasurer, the purchaser shall succeed to all said rights, benefits, privileges, immunities of said employer. Said purchaser shall be subject to obligations of compensation against the seller incurred and existing at the date of such assignment; provided, that no part of any moneys so paid in by any em_ployer shall ever be refunded to him either during the time when he continues in business as such �~ STATE OF WYOMING 29 employer, or a:ter he c~ases such business. Provided that ;~~ei;~wti,n gkund;r tche provisi?ns of said Act or men s ompensabon Fund " the sum of at least ~5,000.00, and Provided further if this' cha _ ter •shall or held 1·nval"d P h • be• he1 th eafter • d repealed . 1 , th e moneys whic am 11: . e m ustrial f~nd at the time of disposition as ~ay _be Pl ov1_d~d by the legislature, and in default of such leg1slat_1ve pro:71s1~n, distribution thereof shall be in accordan~e w~th the Justice of the matter, due regard being had to obhgat10ns of compensation incurred and existing. (Amended by §1, Ch. 76, S. L. 1921.) :~:rr ;;?i~~~l Rights of Action. §4349. Nothing i_n !he Workmen's Compensation Law shall be constru~d to hm1t or affect any right or action by ~n employee agamst an employer for injuries received while 1~ the employ _o~ s~ch ~mployer when such employer at the tim_e of such mJur1es 1s not contributing to the industrial accident fund as provided in this Act. Right of State Treasurer to Appeal. §4350. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding compensation or declining to award compensation although he was not a party to the proceedings in such District Court, apd upon the perfecting of any such appeal the Court allowing the appeal shall issue an order staying the execution of the final order or judgment appealed from without requiring any bond. The Attorney General shall act as the attorney of the State Treasurer in every such appeal, and each appeal shall be conducted without expense to the Industrial Accident Fund. (S. L. 1925, Ch. 124, §5.) Date for Filing Prior Claims. §4351. All bills or claims for medical, surgical or hospital services rendered to any injured vi.:orkman under the provisions of the Workmen's Compensat10n Act more than thirty (30) days prior to the date. this law becomes effective shall be filed with the District Court of the. propE:r County within fifteen (15) days afte:r: the dat~ on which ~his Act becomes effective, and no such bill or claim for services or expenses whatsoever shall be allowed by the Court or paid from the Compensation Fund unl~ss the employer sh3:ll have prior notice thereof and a hearmg be had thereon 1f a hearing is requested by the employer. '· �30 COMPENSATION LAW Bills to Be Itemi zed-Time for F iling. §4352. All bills fo r medical attendance, expense or disbu rsements, and for hospital services, shall be properly dated, itemi zed and verified by the claimant or the same shall be disallowed by the Court, and every doct or who shall attend an inj ured workman shall within ten (10) days after t he fi rst of t he mont h succeeding t hat in which h e Tendered ser vice to the inj ured workman fil e with t he Clerk of th e Dish·ict Court of the proper County, his itemized and verified bill for all services rendered by h im and expense incurred in behalf of t he injuxed workman during the previous month, and shall send a copy thereof to the Stat e Treasurer , and all claims for medical attendance or medi cal services not so filed within the t ime specified sh all be disallowed by th e Court. N otification by Doctor. §4353. E very doctor who accepts the case of an injured workman, and every hospital which accepts the case of an injured workman shall wit hin ten days after accepting such case file a written notice t hereof with the Clerk of the District Court, and shall send a copy of such notice within said ten (10) days t o t he State Treasurer and anot her copy within said period to t he employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the Clerk of the Court or to send copies thereof within said period to the State Treasurer and the employer of the injured workman shall forfeit any remuneration or award from the Compensation Fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. Awards. §4354. Every award within the meaning of this Act is a judicial determination of the rights of the employer, the employee and the Industrial Accident Fund as to all matters involved. No award of compensation or allowance of any expense or claim chargeable against the account of any. employer contributing to the Industrial Accident Fund shall be made without notice to such employer and hearing unless such employer shall consent thereto. Re-opening of Cases. §4355. The State Treasurer shall have the right to cause any case to be reopened in which an order of award has been made, provided he shall cause a petition for the reopening of the case to be filed with the court which granted �STATE OF WYOMING 31 'the award, within thirt~ days after the date on which the order of ~\\_'ard was received in the State Treasurer's office. Such petit10n must show probable cause that error was made m t he amo un t of the award or the character of the award or _the grounds on which the award was made, and m~y specify a . a r e~son for re-opening the case existing evidence not given m t he original hearing, showing the general natur~ ~nd effect of such evidence. On the filing of sue~ a petition and on t he court finding that probable cause 1s shown t hereby, the court shall stay the award and upon rea onable notice to all parties re-open t he cas; and set the same for hearing de novo. The State Treasurer may take uch part in t he new hearing as he may deem advisable and shall have every right and privilege of a party to the cause. He shall have the right of appeal to the Supreme Court from any order in such new hearing, either grant ing an award or refusing to grant an award. He shall also have a right of appeal from an order refusing to reopen a case. In addition and without the necessity of presenting any petition for the re-opening of a case to the trial court, the State Treasurer shall have the right to appeal to the Supreme Court from any order or jud~ent in any_ d_istrict court of t he State awarding compensat10n or dechmng to award compensation although he was not a party ~o the proceedings in such District Court. Upon the perfectrng of any appeal instit uted by. the State Treasure~· the court allowing the appeal sh~ll issue an order sta!rng t_he exec.ution of the order or Judgment appealed frnm . without Iequiring any bond. The Attorney General or his deputy- or assistant shall act as the attorney <?f the State Treasurer in all cases. All costs of new hearrngs granted upon the petition of the State Treasurer and all cost~ of appeals conducted by the State Treasurer shall be paid by the I!1d~:trial Accident Fund except such costs as the Cour~!n \ s discretion shall ass~ss against any of the other pa ies 0 the cause. Deferred Payment Account. \~~! §4356. Whenever an ?rder 0 {tii;a;;~~!~t:P~ti!y8 the award is to be paid m mon t thereof against the acTreasurer shall charge t~e tf:11~u~ured workman and shall count of the employer O . e mJd from the General Fund transfer the amount of ~id awfrwhich account shall thereinto a Deferred Payment c~oun ' ent of the award. Interafter be alone liable for t\e jayment Account shall be paid est earned by the Deferre a)ras all amounts repaid or into the General Fund, as we �32 COMPENSATION LAW returned to said General Fund under the Provisions of this Act or by reason of modification of orders of award. Whenever a modification of an order of award increases the amount of the award the additional amount shall be charged against the employer's account ·and transferred from the General Fund into t he Deferred Payment Account, and whenever a modification of an order of award decreases the amount of the award the amount of such decrease shall be transferred from t he Defen-ed P ayment Account to the General Fund and credited to t he account of the employer. Existing Contracts a nd Pending Actions Not Affected. §4357. 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. §4358. This Act shall take effect and be in force from and after the 1st day of April, 1915. Bill approved February 27, 1915. Amendments Approved February 19, 1917. Amendments Effective April 1, 1917. Amendments Approved February 25, 1919. Amendments Effective April 1, 1919. Amendments to Section 15 ( 4330 Wyoming Comp. Statutes, 1920). Effective February 17, 1921, by Ch. 65, S. L. 1921. Amendments Approved February 24, 1923. Amendments Effective April 1st, 1923. §4347 new, by Ch. 68, S. L. 1921. Effective February 17, 1921. Amendments Approved February 25, 1925. Amendments Effective April 1, 1925. Sections 4351, 4352, 4353 and 4354 new, by Ch. 124, S.. L. 1925. Effective April 1, 192~. Arnend~ents Approved March 5, 1927. Amendments Effective April 1, 1927. Sections 4355 and 4356 new, by Ch. 111, S. L. 1927. �....... STATE OF WYOMING • 33 CHAPTER 159 -S. L. 1925COAL MINE CATASTROPHE INS{JRANCE AN ACT to provide coal mine cat ·t. h • a nce and the accum ulation ai1 a s rop e insurance and the insurinsui·a nce pr emiu m f und , and fdo 1~sethto end of a catastr ophe o er that purposes. Be it Enacted by the Lernslatu.re of the State of W)•oming: Definition. SECT~ON 1. . The word, catastrophe, as used in this Act means a disaster m a coal mine or mines causing the payn_ient through . t he operation of the workman's compensation law of th is State out of the Industrial Accident Fund of an aggr~gate more than Twenty-five Thousand Dollars in compensat10ns to_ workmen killed and injured and their dependents, growmg out of any one accident or occurrence or series of accidents or occurrences arising out of on~ event. Payment hy· Coal i\'lining Companies. SECTION 2. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary,- each employer operating a coal mine or mines in Wyoming shall pay into the State Treasury monthly a sum equal to onefourth of one per cent. of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the moneys so received to be placed by the State Treasurer in a fund to be denominated Catastrophe Insurance Premium Fund • . All moneys received by the State Treasurer under the terms of this Act shall be paid by him out of the Catastrophe Insurance Pr~mium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to One Hundred Thousand Dollars ($100,000.00), whereupon such paymerits shall cease, to be automa;tically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund is below One Hundred Thous'.1-nd Dollars ($100,000.00) ; all such payments shall be credited gen- �34 COMPENSATION LAW ·erally to the Industrial Accident Fund inst~ad of bE:ing credited to any individual employer contributmg to either t?e Catastrophe Insurance Premium Fund or the Industrial Accident Fund. Losses in Excess of $25,000 to Be Paid fro m Fund . SECTION 3. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund t he Industrial Accident Fund in the hands of t he . State' Treasurer is her eby made a catastrophe insurer as to catastrophes to the ext ent that such catastrophes cau_se losses above Twenty-five Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thou and Dollars shall be paid from the Industrial Accident Fund and not charged against t he employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insuran ce Premium Fund. Separate Account to be Kept. SECTION 4. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Ca- . tastrophe Insurance Premium Fund, crediting the Catastrophe Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund ,vith all amounts paid out for catastrophes as herein provided. Us e of Fund Limited. SECTION 5. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. Penalty for Failure to Pay Premium. SECTION 6. The inspectors appointed by the Treasure; under Section 4333 of the Wyoming Compiled Statutes of 1920 and acts amendatory thereof and supplemental thereto shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And in any case any such employer shall fail or refuse to pay the premium upon his monthl:y payroll as is required by thi~ Act he shall be guilty of a misdemeanor and sh::i,11 be pumshed by a fine of not �,, I I STATE OF WYOMING 35 more than Five Hundred ($ 500 OO) to the said fin e it shall be the d. t ~ollars and in addition of this State to immediately br}~1 Y O ·ih~ Attorney General State in t he Distri ct Court for g sm m the name of the benefit of the Catastrophe I~he _Proper cou~ty, for the against such employer for the c ft1t!1ce Premmm Fund, and if a judgment for the reco:erec ion of such p~·emium, be given in favor of the State for tli of such prem~um due Catastrophe In urance Premium Fu~3se ~n~ bdenef1t of the be for double t he amount of th . . sai Ju _gment shall Act, together vvith cost s. e pi emmm proV1ded by this Authority t o ontract With Insurance Companies . . SECT!ON 7. The State Treasurer, should he deem it a?v1sable, 1s hereby authorized and empowered to make contiac_ts on behalf of t he State of Wyoming and the I d t • I Acc1?en_t F~rn~ wi t h an _insurance company or co1:ri~~n~~!, to p1 o, 1_de f~1 payment mto the Industrial Accident Fund by the _ms urrn g company_ or companies of a sum equal to the ultimate net loss which the Industrial Accident Fund has or shall su tain by reason of any catastrophe, a!l fer the pu_rpose of authorizing the State Treasurer to reinsure the· said_ catastrophe ri~k with an insurance company or compame~. The premmm for any contract reinsurance shall be paid by the State Treasm·er out of the Industrial Accident Fund and charged against the account of the Catastrophe Insurance Premium Fund. . Every contract of reinsurance shall specify that the insurance company or companies reinsures the Industrial Accident Fund from loss by reason of catastrophes during the term of such insurance, within the limits as to amount expressed in the contract, and that the insuring companywaives all right to question any award for claims growing out of a catastrophe or claimed to grow out of a catastrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen_'s Compensation Law and will abide by such awards, and Wlll promptly repay t~ the Industrial Accident Fun1 all the payments made by it during the term of sµch msurance U!1,der catastrophe , awards. Eacp. co_ntract s_hall also provide that the insuring company d1scla1ms all nght to appear in or contest any proceeding under the Workmen's Co~pensation Law. No payment made out of th~ Indu~tnal Accident Fund which is repaid to the Industnal Acc1~ent Fund by an insurance company shall be charg~d agamst the account of the Catastrophe Insuran_ce Prem1u~ Fund or against the account of the employer m whose mme the catastrophe occurred. �COMPENSATION LAW 36 SECTION 8. This Act shall take effect and be in force on and after April 1, 1925. Approved F ebruary 28, 1925. CHAPTER 97 -S. L. 1923- INDEl\lNITY F OR PEACE OFFICE RS A N ACT t o provide indemnity fo r peace officers k illed or injured in the discharge of the ir du ties ; t he accum ulation of a fu nd t herefor, ma king an approp ri a ti on of $25,000.00, and for other p•.1rposes. Be it Enacted by the Legislature of the State of W yomin g: Wyoming Peace Officers' Indemnity Fund. SECTION 1. The fund accumulated under this Act shall be known as t he Wyoming Peace Officers' Indemnity Fund. Officers Included. SECTION 2. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards, guards of the '~' yoming Industrial Institute, including the Superintendent and his deputies, agents of the State Department of Law Enforcement and the Commissioner of such Department and his deputies; State Game and Fish Commissioner and his assistants and deputies, and State Game Wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in the performance of their duties, the purpose of this Act being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This Act shall not apply in any case where the injury oc·c urred before the date on which this act is to take effect. Limit of Indemnity Paid. SECTION 3. The indemnity which any such peace officer or his dependent family shall be entitled to receive un- �STATE OF WYOMING 37 der the provisions of thi s act shall be . the compensat ion schedule of the W co_mp~ed accordmg to pensation La w in effect at th t · yommg. ?r~men's Com. d d th . e ime such mJunes were receive ' an_ e pr ocedure and forms under this Act be as near as ,may be the procedure and forms rovi shall the Workn:ien s Compen~atio1;1 Law, it being iniende~~h~ th_e _Wy?rmng Peace Officers Indemnity Fund shall be adn11mste1 ed by the State Treasurer as near as m b • th sam.e · manner e mt·1011e d · · as t tdhe Wyoming Woi·kmen's cay ompensa Law 1s a m1ms ere , and that orders of award and all other court pr?cedure shall be. entered and conducted as near as may be 11; accordance _with the procedure provided by the Workme~ s Co~J?ensat!on Law, and that any of the above peace officers rnJm ed rn the line of his duties shall receive the san:ie compensat io_n _which he would have received had he re~e1v~d t he same rnJury while working for an employer contr1butmg t o t he Indush-ial Accident Fund and shall receive the indemnity in the same manner. ! Payments to Fund by Counties. SECTION 4. Every county of the State of Wyoming is hereby required to pay into the State Treasury for the benefit of the Wyoming Peace Officers' Indemnity Fund a sum of money equal to one and one-half per cent (l½ %) of the moneys earned by each of its salaried sheriffs, deputy sheriffs, under sheriffs and constables during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the month for which such payments are computed and paid. The State Treasurer shall keep a separate account for each county so contributing to said fund, and shall charge against the account of each county all_ wan-ants paid from the Wyoming Peace Officers' Indemmty Fund: (a) As awards for injuries to the above named peace officers of such county; (b) In payment of medical or hospital attendance of such peace officers of such county ; (c) In payment for the investigat~ons o! injurie~ of such peace officers or in .P~Yl?ent of mve~bga_twns mto the manner in which such mJU1"1es were received, (d) In payment of witness fees in cases_ whereinu!~ ·order of award is granted to such peace officer of s county. Each county shall continue to n:ake sai~n1f tributions as above provided unless its acco ~t~1;~t �-----, 38 COMPENSATION LAW ing the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. Payments to Fund by State. SECTION 5. The State of Wyoming hereby pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per cent (1½ %) of t he moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which t he accounts of the counties are requfred to be kept under t he provisions of t hi s act, and that similar charges for amounts paid out on account of or on behalf of injuries to its peace officers shall be charged against its account. The State of Wyoming further pledges itself that in the event its account is overdrawn that it shall contribute a sum of money (including the said one and onehalf per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers. Appropriation. SECTION 6. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of Twenty-five Thousand Dollars ($25,000.00) to be paid to said Wyoming Peace Officers' Indemnity Fund as the first contribution of the State to said fund. • Report of Accident. SECTION 7. Reports of accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports are required to be filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all injuries to peace officers employed in his department. Order of Court. SECTION 8. Every order given and made by the District Court or Judge awarding payment from the Wyoming Peace Officers' Indemnity Fund to an injured peace officer 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 �STATE OF WYOMING 39 forw~rded to t he ~tate Auditor and State Treasurer respectively of Wyommg, and shall be by each of said officer entered upon a r ecord to be J<nown as the Iridemnity Dock~ et, ~nd shall_ be t he authority and direction of the State Auditor t~ issue warra_nts of indemnity awards against the Wyomrng- Peace Officers' Indemnity Fund, and for the State Treas urer to pay such indemnity awards from such fund. Power of State Treas urer. SECTION 9. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this act. Appeal by State T reasurer. SECTION 10. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding indemnity or deolining t o award indemnity, although he was not a party to such procedure in the District Court. The Attorney General shall act as the attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. SECTION 11. This Act shall take effect and be in force from and after the first day of Ap1:il, A. D. 1923. �INDEX BRIBERY IN CONNECTIO N WI TH WORKMEN'S COMPENSATION ACTWORK MEN"S COMPENSATION ACT ACCIDENT REPORT~ - t::~l~;,~ ~~~ll :n~ Section Pago mi 10 ~=================-------------= ACCOUNTS INACT IVE THREE YEARSAccounts Shall be Closed ---------- - - --- - ---- - - --- 4347 AGRICULTURAL LABORExcepted - - -- -- ---- -- -- ----- - -- ------ ____ __ ____ ___ __ 43m ALIEN DEPENDENTSAmount Allowed ---------- - --------- -- -- - ----- - --- 4321 Non-Res ident P a r en t o,· P are n ts _____________ ___ ____ 433 .1 Not Included in Def in ition of "C hild" or "Children" Except -- - --- ---------- - - ------ - - ---- ------ - - ---- 4321 APPEAL TO SUPREME COU RTHow Taken - ------------ -- - - - ----- ----- - - -- ------ 4328 State Treasurer S hall H nve R igh t ________ __ _____ ___ 4350 ATTORNEYSFees for Services Limi ted • ----------- ---- ----- - - ---- 4340 ATTORNEY GENERALPowers of -------------------------- ----- - - - - - ------ 4333 AWARDSCharged to Accoun t of -------------- - --- - ------- 4331 Court Shall S tny Paymen t P ending AppeaL _____ _ 4328 Exemption from At tachmen t ---- - - ---------- -- - - - - 4336 B'LANK FORMSFurnished by Sta te Trea surer ___________ __ _____ ___ 4326 BURIAL-Fees Shall Not E xce<,d --- - ---------- -- - ----------- 433·1 CASUAL LABORExcepted -- - - - - - - - - - - -- --- - ---- - --- -- ------ ---- --- -- 4321 CHILD OR CHILDREN!\liens -- - - --- ----- - - - --- ---- -- - --- ------------- - - -- 4321 1>heilr:~ion°f - ~: ~~~~~~--~ ~~~~~- ~-h-~l~--~==~~e-========== No Limitation of Time Shall Run Until Guardian is 13 (k t (5 1 (ld 13 20 26 17 16 13 24 (d 1 (I, 1 !~5~ (b, (cJ ! 21 (i I :m lL Sh!fiP~~c':te in P ermanent -Total -Disability -Case;==== Shall Receive in Temporary Totnl Disability Case•---- 4334 CLERK OF COURTEmployee's Report of Accident __ __ ___________ _______ 4326 Employer's Report of Accident __ __ __ ______ _________ 4326 Procedure When Death or Accident is Reported ______ 4327 Shall Record Court Orders ______ ____ _ ______________ 4329 COMPENSATION SCHEDULEEach Employee Who Shall be Injured Shall Receive __ 4334 CONSTABLE OR DEPUTY CONSTABLEExcepted __________ - - __- - -- - --- -- -- -- --- - -- ---- -- - -- 4319 COSTSNo Costs Shall be Taxed Except __________________ 4327 CONTRACTORS AND SUB-CONTRACTORSIn Private Work Contractor Responsible -------- 3:: Payroll of Contractor Shall be Basis ----------- • 3 Stnte and Municipal Employees Not Entitled to Benefits if Other Provisions Arc Made --------------- 4338 COUNTY AND PROSECUTING ATTORNEY• 9 Shall Act on Behalf of Injured Workman----------- 43_, Shall Give all Necessary and Legal Advice to Work4340 man -------------------------------------·- ------COURT ORDERS RECORDEDCopies to Auditor and Stnte Treasurer -------------- 48 29 COURT PROC~DU~E4327 Procedure m Disputed Cases --------------------COURT REPORTER....... 1827 Shall Attend Hearings ------------------------------ ' s 2-1 8 22 s ~ 19 20 10 10 11 13 18 11 25 25 26 11 25 11 11 �r\ L INDEX-Continued Section DA?•§!~!~;- Repealed --------- ----------------- ---- - --- 4316 DEATH OF EMPLOYEEWh<!re Workman Dies Reference Th er eto Shnll Include Dependents _____ ________ _-- - - -- ---- --------------- - 4321 Deferred Pnymen t Account - - - --- --- - ----- - -- ---- - - 4356 DEFINITIONS- ;1~!;~;?=~~\~~~jj ~~~ll l~l l )l:i l!I! Injury and P ersonal Injury -------------------------- -1 32 1 Injury Sustained in Extra-Hazardous Employment_ ___ 432 1 Invalid ________ ___ ___ __ ---- -- - - - - - - --- ----------- -- -- 4321 Mills __ ___ __ _______ ____ ___ ____ ___ ___ ___ ___ ______ _ -- - 4320 Mine ---------- -- - -------- - --- ------ --------- --- - -- •l 320 Quarries ------------------- - - ------- ------ ------ •l320 Workmen ---------- ------- - - -- ---- - - - - - - - --- - - __ - - 43 21 Workshop ____ __ ---------------- ---------- - --- ---- - - 4320 DEPENDENTS AND DEPENDENCYChild or Children --------------- ---- --------- - -- 432 1 Definition of ------ ------- - ---------- ----- - ------ ---- 432 1 Definition Shall Not Include Aliens Excep t_ _______ 432 1 Dependency to be Determined in Whole or in Part in Accordance With Fact - -- - -- - ----------------- ---- •1 321 Dependent Parent or Parents ________________ _____ _ 4334 Spouse Not Dependent if Wilful Desertion , be Sh own __ •132 1 Shall be Referred to Where Death Occurs to Workman •132 1 Widow Shall Recei ve ----- --- -------- - --- ---------- 433•1 DlSPUTED CASESProcedure in ---- - -------------- ----------------- - - -- •1327 DOMESTIC SERVICEExcepted - ----------------- - - - - ---- ______ ____ _______ 43 19 EMPLOYERAccident Reports - - ------------- --- - - ----- --- - ----- 4326 Aw'!-r~~ Charged to Account of Indiddual Employer __ 4331 De[m1t1on -------- - --- ------ - --- __ __ ______ __ ____ ___ _ 4320 Employer's Assessment ---------------- -- ----------- 4331 Exemption from Payment of Premium _____ ____ _____ 4331 Not Relieved of Liability __________ ______ ___ __ __ ___ 4324 Penalty for Not Reporting Accidents ________________ 4326 Shall Furnish Copy of Payroll __ ______ ____ ________ 4332 Shall Report Reco,·er)' of Worlnnen _____________ __ _ 4345 EMPLOYMENTExcluded Classes ------------------------------------ 4319 See Occupations Covered by Act. EVIDENCETaking of Shall be Summary ______________________ 4327 EXCEPTIONSAct Not to be Construed to Apply _____ _____________ 4319 When Employment is Purely Casual ________________ 4321 EXEMPTION' FROM PAYMENT OF PREMIUMEmployer Shall Continue to Make Contributions Unless ------------------------------------ ______ ____ 4331 FARM EMPLOYEESExcepted -------------------------------------------- 4319 FEESCollection of Fees Limited ____________________ 4340 GUARDIANGeneral Provisions --------------------------- 4322 Where Workman is Minor Reference Shnll be Mnde to 4321 HEARINGSHow Governed -------------------------------- ------ 4327 No Award or Allowance Shnll be Mnde Without NoN,;tfj~a~~on__ ;-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-:._-----------------Shall be Conducted upon Statement ________________ 4827 HORTICULTURAL LABORExcepted -------------------------------------- 4310 !i~~ Pag~ ( i) 7 31 ( f) (k) (j ) 8 8 ( hl (g a) m) (I) n) 8 7 7 6 8 l i 8 9 6 (e) (i} 7 c) (d) 6 7 (b) 6 ( kl 8 ( j) 8 (k) 8 ( le ) 8 18 (3) (j ) ( i) (I) s 7 22 11 ( a, b, c, <l! (h) 10 15 7 15 15 9 10 17 27 11 (i) 15 25 (il 9 7 11 30 11 11 �p INDEX-Continued HOSPITALS- ~!~: l~r Sect ion Page :m h"s;,~ ;';:e~--================-- ------ - - - - - === (d) Notificntio_n by H ospita l :-:------------ ------- - - - - --- 4858 Prior Cln1ms, D~te of F1hng -- ----- ----- ---- - ----- 4851 Reports Where F il ed ------------ -------- ------- - ---- 4334 (d) INDUSTRIAL ACCIDENT FUNDAppropria tion - --- - -------- -- ---- ---- - - - - - - - - --- -- 4880 INJURIES SUSTAINED IN EXTRA-HAZARDOUS EMPLOYMEN'l'Shnll Include ---- - --- - - --------- - - - - - - -- - - - -- - - - - - -- 4321 (1) INJUR~ _.i\ND PERSONAL INJU RY_ De(m1t1on - ---- - -------- ------ ---- -- ---------- - --- 4321 (1) Definition Shnll Not Include ------ - - --- --- - -- ------ 43 21 (1) Wilful Act of Third P erson ---- - - ------ -- ---- ---- - --INSPECTORSTrensurer is Aut hori~ed to A ppoin t _____ ____ ______ 4333 INTERSTATE COMMERC • Those Enga ged In _____ _______ __ ____ ______ ___ ___ __ __ 4319 INVAL~D.--:. Def m1t1on ---- -- - ---- - ------ -- ___ _______ _____ ______ _ 432 1 INVESTIGATIONSJudge Shnll In vest iga te Nnture of In j ury nnd Claim __ -13 27 LIABILITYEmployer Not Relieved -------- ---------------- - - -- -1324 LIMITATION OF TIME TO MAKE CLA IMInjured Employee Must F ile - --- ---- - - - - - - - --- - ---- - 4326 MINORS AND INCOMPETE NTSWhere Workman is Min or or Incompetent Ref er ence Shnll be Made to Gua rd ian or Lega l Represen ta tive __ 4321 Not Barred by Limitatio n ---- - --------- - - - - ------- 4322 Minor Deemed Su i Jur is ----------- - - - - -- - --- - ---- - 4337 MISCONDUCTForfeiture by Injured E mployee _____________ _____ __ __ 4335 OCCUPATIONS COVERE D BY ACTList _____ ___ __ __ ________ _ __ ___ __ ___ _____ ____ ____ ____ 4318 PARENT OR PARENTS-When Dependent Shall Receive ___ __ _____ __ ___ ______ 4334 80 21 30 29 21 14 17 11 (i) 7 9 24 24 (3) PAYROJ.LSEmployer Shall For wa rd Sa me to State Treasurer---- 4332 17 PER~1:;~~!st!r~~~_:- ~_I_~~~2_~~-:_-_ ______ ____ _____ 433 4 (n) 18 PERMANENT TOTAL DISABILITY(b) Menns Loss of -- - --- - --------- - ---- --- -- -- - --- ----- 4834 PHYS!CIANB'ills to be Itemized -- - - - - -- ------ - ----- -- - - -------- 4352 Employer's Physicinn Mny Exnmine Injured Employee 4346 Fees for Services -- - --- ---- - - - --------------- -------- 4884 (d) Imp_~ t ia! Physician May be Appointed - - --- --- - ----- ~~:~ Notification by Doctor -- -- ---------- - - - - - -- -------- 861 Prior Clnims, Date_ of Filing ------- ----- ---------- ~334 (d) Repo~ts Shall b': Filed -- -- -------- - ---------- ------- 341 Required to Teshfy -- -- - - --- ---------- ------------ 4 PREMIUMEmployer Shnll be Required to Pay Premium ______ 4331 Service and Policing Charge ---------- -- - -- ------- - - 4331 PUBLIC WORKSMust Insure in State Fund ________ ___ __ _____ ______ 4338 30 27 21 11 80 2~ 21 26 15 16 26 RANCH EMPLOYEESExcepted __________ ___ __________ ____ ___ ______ _______ 4319 ::1~ RIGHTS AND REMEDIESNothing in Law Shall Limit Right of Action ------- Right of Employee to Compensation ---------------- 4817 Shall be Exclusive ------------- ------- - -----SCHEDULE, MEDICAL AND HOSPITALShall be Fixed by State Trensur~r __ ___ _____ ___ _____ -133 4 (d) SHERIFF OR DEPUTY SHERIFF_ 4319 Excepted ---- - ------- ----------- ----- - ------- ------ 4327 Shall Serv~ Notice of H earing ---- -- - --- - - - ---- 29 ,J .J 21 5 11 �INDEX-Continued Section STATE TREASURERMay Examine Books of E mployers ___ __ ___ __________ 4344 Powe r of - ----- - - - - ------ ---- - - - - -- - - -- ----- --- - --- 4383 Shall Have Rig h t to A ppea l ---- - - ---- - - ---- --- -- -- 4350 STOCK RAISING-Excepted ____ __ __ ___ ______ ______ _____ ___________ __- - 4319 SUBROGATIONEmployee Not E n t itled to Compensation Wher e Legal Liability is Created in Som e Other P e rson _____ __ 4323 TEMPORARY TOTA L DISABILIT YIf Workman Die Dur ing P er iod of ____ __ ___________ 483 4 (2) Menns an Injury - - -- -------- ------ - ----- - --- ---- - - - 4384 (c) TESTIMONYPhysician Require d to T es t ify -- ---- - - - - - - - --- -- - --- 43 41 TRANSFER A ND ASSIGNME NT OF ACCOUNTSPayments Not to be Refu nded ___ _____ __ __ _______ ___ 4348 WIDOWAlien - - -- -- -- ----- -------- ----- - - - - - - - - - - - - -- -- - -- - - 4321 ( k) Having Dese r ted Husba nd not Ent itled to Com pensation - - - --- ---------- --- ----------- - - - - - - -- _____ 4321 (j ) Must be Married a t T ime of Death ____ ________ ____ 4~21 (j ) WORKMENAccident Report ------ - - -- - - -- - ----- ---- -- -- - - - -·· - 4326 Definition -- -- - - - - - - - - - - - ---- --- - ------ - - ---- _____ _ 432 1 ( i) Forfeiture by Injured Employee ___ _____ __ __ ____ -- ··- ··- 4336 If Workman Refuse to Submit to Examination __ ____ 4e45 Payments Withheld -- -- - - - - --- - - --- - ---- - - - - - ------ 433 5 Statement of Dependent P ersons __ __ ___ ___ __ _____ _ 43•16 COAL MINE CATASTROPHE INSURANCE .-\CT_ _ _ __ WYOMING PEACE OFFICER INDEMNITY FUND ______ Pag e 20 20 26 28 26 7 24 27 24 28 33 36 � 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 Workman's Compensation Act of the State of Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1920 Subject The topic of the resource Workman's Compensation Act, 1920 Description An account of the resource Workman's Compensation Act of the State of Wyoming Chapter 258. It is a booklet and is within an orange file with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource W.H. Edelman Identifier An unambiguous reference to the resource within a given context 1-0236 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.