https://haylibrary.cvlcollections.org/files/original/66916fd40a5fa61fa3c96e2816910936.pdf 9c1a3cba3df0dd9bc52b4b8f8c905de0 PDF Text Text '*********-lHC·***********************-lHHH+****-lHE--lt •******"***************"************************ STATE OF WYOMING W({))Rll(MJE1\l9 § COMIPEN§Aill(Q)N ACl PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Tlzereto With All Amendments to Date MARCH 1, 1935 Compiled By J. KIRK BALDWIN, STATE TREASURER CHEYENNE, WYOMING �WORKMEN'S COMPENSATION ACT CHAPTER 124 R . S. 1931 Section. 124-101. Name of law. 124- 102. Gene ral prov isions. 124-103. P rov isions exclu sive, compulsory and obligato ry. 124-1 0-L Extra-hazard ous occ upati ons defin ed. 124-1 05. Excep ti ons. 124-106-7. Defin itions. 124-108. Guardia n may ac t fo r perso ns under disab ili ty. 124-109. If ot her th an employe r is liabl e. 124-110. T hi s chap ter gove rn s as to liab ility of employe r. 124-111. Blank fo rm s supp lied by state treas urer. 124-11 2. R eports of acc icl en t. 124-113. I 1wes tiga tion by th e district judg e-Procedure in di sp ut~d cases. 124-114. Appeal to supreme court. 124- 115. Court ord er recorded - Copies to auditor and treas urer. 124-11 6. Industrial accident fund-Appropriation, 124-117. Employers' assessmcn ts. 124-118. Filing of payrolls with state treasurer .. 124-119. Inspectors - Failure to pay assessment Penalty. 124-120. Compensation schedule . 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe - Payments withheld. 124-124. Exemption from execution or attachment. 124-125. i\linor workman. 124~126. Extra-hazardous pub Ii c work - Cont,act work. 124-127. Safety devices. 124-128. Unlawful to receive more than S per cent of compensation for services rendered. 124-129. Physician~ required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. 124-134. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. �4 WO R KMEN ' S COMPENSAT IO N ACT *124-136-A. Closing of account s. _124-136. Ac ti ons against employe r independent of chapter. 124- 137. Reope ning o f cases. 124-138. B ills to be itemi zed-Tim e of filin g. 124-139. Notificatio n by doc tor . 124-140. Award s. 124-141. De ferred paym ent acco unt. 124-142. Bribery. 124-101. Name of law. T his chap ter sha ll be known as the "wo rkm en's compensati on law." [L. '15, c. 124, § I ; C. S. '20, § 4315. \ \TorJ..•·m an' s com pensa tion ac t would be va lid as to the remai n. dcr even if the provision for non-paym ent for the firs t ten days was inva lid, being severa ble. Zanca ncl li v. Central Coal & Coke Co., 25 W yo. 5 11 , 173 P . 98 1. \ Vorkm cn's com pens;-it ion act is valid, and not con trar y t o any provision of th e stat e or federa l cons tit u tions. Id . \ Vorkmcn 's compensat ion act docs not violate ame ndme nt to cons t. a rt. l 0, § 4, provid ing com pensation "to each person in .. jurc<l ," in th:i t no compen .l tion is allowed fo r firs t 10 <lays of disa bil ity. I d. \\Tork.men 's compensation ac t, § 124-113, docs not deny the r ight of an em ployc to be re presented by counsel, in view of § 124•12 , r ela tjng to fees oi a ttorneys. Id. \.Vo rkmen' s com pensation ilCt is not unconst ituti onal in that the provision that children over the age of 16 sha ll not be considered depende nts u nless incapacita ted . I d . \Vorkm en's com pensa tion net is not u ncons titutional in that nonresid ent alien fa mily of deceased employc s hall receive only 33 per cent of amoun t allowed to resident of s tate. Id. T his chapter held, not based on un rea sonab le classifica tion, citi ng- consl. art. I § 34 . Ideal Da kc ry v. ch ry ver, 43 W yo. 108, 299 P . 284. Under § 124· 124, providi ng th a t no m oney payable under this chaip tcr. sha ll , prior to issuance and delive ry of warra nt therefor, ' 'pass to a ny other person by operation of law," the ri ghts of a n inju red cm ploye to compensa tion provided fo r in §§ 124•102, 124 •1 03. 124·11 3, did no t pass to his ad min istra tor as a n asset of his esta te on his dea th aitcr award had been made, but before the issuance or deli very of the warra nt provided fo r in § 124• 115, s ince in its ordinary and us ual sense with in § 11 2· 101 , the phrase '' by operation of law/' when u sed to clescribc a method by which titl e to prope rt y is transicrred. incl uclcs a transfe r by intestacy. L a Chappelle v. Union Pacific Coal Co. , 29 \ Vyo. 44 9, 2 14 P . 587. This chap ter cited in St.ate v. Carter, 30 \Vyo. 22, 43, 215 P . 477 , 484. Findings on evide nce in compensation contest conclusive. Standard O il Co. of Indiana v. S ulliivan , 33 W yo. 223, 237 P . 253. A ward not conjecturnl, though different finding justified. Id. Under this chapter there is a. prima. facie right to compensation when disability or death is result of an injury sustained in extra .. hazardous employment and the r ight thereto s hould not be denied unless the injury was du e solely to the negligence of the workman whose injury or death is the basis of the claim, a.nd the burden of proving s uch affirmaitive clefensc is on the employer, in view of § 124-112. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 542. Tot.al disability s hould not be declared permanent, unless certain. Carter Oil Co. v. Gibson, 34 Wyo. 53, 241 P. 219. Evidence held, to justify finding that total disability was permanent. Id. Legislature may impose duty on court reporter of making transcripts of compensation cases free of cost. In re Winborne, 34 Wyo. 349, 244 P . 135. *This section omitted in R. S. 1931. �WORKMEN'S COMPENSATION ACT 5 Thi s chapter cited in construing §§ 124-104 and 124-107. In re Karas. 34 Wyo. 357, 243 P . 593. Rul e th at ~n case of conflicting evidence appellate court will no t . reverse Judgment s uppor_tcd by subs tantial evidence, held, apphcablc to cases under t1ns chapter. ?\lc~1ahon v. ~fidwcst Refining Co., 36 W yo. 90, 252 P . 1027. This chapter c it ed in cons tn1ing certain sections hereof. In re Hi bler, 37 Wyo. 332 , 261 P . 648. This chap ter cited in R eintsma v. Standard Oil Co., 37 \Vyo. 47 I, 263 P. 6 19, annotated under § 124 114. Cited in construing § 124-J 12. In re ~-'f artini , 38 Wy o. 172, 265 P. 707. ln re [cCon ncll v. M u rp hy B ros., 45 W yo. 289. 124-102. General provisions. Compen sation herein provided for shall be payable to person s injured in extra-haza rd ous employ m ents, as herein defined , or th e depend en t famili es of such, as die, as the re sult of such in ju ries, excep t in case of injuries due solely to th e cul pable neg lige nce of th e inj ured em ployes. Said com pensa ti on sha ll be payable fr om fun ds in th e stat e treasury to be accumul ated and maintained in th e m aner her ein provided. The r ig h t of each em ploye to compensati on fr om such fu nds shall be in lieu of and shall take th e place of an y and a ll rig hts of action again st any emp loyer con tribu ting, as requi red by law, to such fu nd in fa vo r o f an y such per on or persons by rea son of an y s uch injury or dea th . ections 23129, 89-403 anti 89-404, a nd a ll laws or part of law s r elatin g to damages fo r inj ur ies or d ea th from injuries :,r in an ywise in confli ct wi th this chap ter a rc hereby r epealed, as to the employ m ents, em ploye rs a nd employes comin g- within th e term s o f thi s chapter. [L. ' 15, c. 124, § 2; C. S . '20, § 431 6. Qu oted in Zancanelli "· Central Coa l & Coke Co .. 25 \V yo. 51 I. 173 P . 98 1 ; and in Ideal Ba kery v. Schry\'cr, etc .. 43 Wyo. 108 , 299 P . 284. Cited in L a Chappelle v. t: nion P acific Coal Co., 29 \V yo. 449, 214 P. 58 7. annota ted under § 124-101. Th e word 0 solely,'' as used in Const . a.rt. 10, § 4, and this section. enacted pursuant to authority there given, is a word of exclusion. and may be used to mean ''only" or "exclusively," and as used mu st he given a reasonable meaning. in view of the kn own policy of thiis chapter. Hotelling v. F a rgo-\Vestern Oil Co .. 33 W yo. 240, 238 P . 542. Proof held, insufficient to sustain affirmative defense that workman's <lea th was due solely to his own negligence; fellow workman's negligence immaterial. Id. City employc, injured while impounding animals, which occupation was not vdthin compensation law, could not recover compensation. though nho employed as truck driver, which was within law. Leslie v. City of Casper, 42 \Vyo. 44, 288 P . 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an cmploye on account of an injury shall be exclusive of all other rights and remedies of such employe, his pers·onal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this chapter 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 employc_i; cpming witbi.n the provisions hereof. [L. '15, c. 124, § 3; C. S. '20, § 4317. Q-~oted in Zancanelli v. Central Coal & Coke Co., 25 V,'yo. 51 I, 173 P. 981. Cited in La Chappelle v. Union Pa9ific Coal Co., 29 Wyo. 449, 214 P. 587, annotated under § 124-101. �6 'WORKMEN'S COMPENSATION ACT 124-104. Extra-Hazardous occupations defined. The extra-hazardous occupations to which thi s chapter . is applicable are as follows: Factories, garages, n1ills, printing plants and work-shops wh ere machinery is used; foundries , blast furnac es, min es, oil wells, oil refin erie s, gasoline filling s tation s a nd bulk oil station s, gas works, natural gas plants, water works, reduction work s, b r cw er i es, dis till eries, elevators, dredges, excav a ti ons, tra nsfer co mpani es, general teamin g, g-eneral tru cking, ditch rid er o f irrigation di stricts, smelters, powd er works, lau ndrie s ope rated by power, k itch n ~mployce and waiters, wi10se employme nt requi re s them to go to and from kitchens, of hotels, res taurants, and bakeries, quarri es, enginee rin g- works, logging. lumber .yard , lumber in g and saw mill ope rations, dud e ranchin g, st re et and interurban ra ilroads not engaged in interstate com merce, bu ilding being const ruct ed . rep~ ired, moved or demo li shed. painting operations, telepl,:i_onc, telegrap h. electric light or power plants or li nes, steam hea tin g or power p lan ts, ra ilroads no t engaged in inters tat e commerce. bridge building, the occupations of city or tow n firemen and c ity gr town policem an. and all emp loy men ts wh erein a p_r_o cess reg niring the use of an y dangerous explosiv es or inflammab le mate rials is car ried on, which is cond ucted for the purpose of business trade or gain , each of which employment is hereby determined to be extra-ha za rdou s and in whi ch, from the natnre, condi tio ns or m ea ns o f prosec ution of the work th erein require d ri sks to the life ai,d limb of the workm en engaged the rein arc inherent. necessary or sub stan tiall y unavo idab le. T hi s chapte r shall not appl y in any ca e wh ere the injury occurred before this chapter ta kes effect, and to a ll rig hts which have accru<;!_d by rea so n of any such injury prior to th e taking effect of th is chapter, shall be saved the rem edies now existing th erefor. [L. '3 1, c. 94, § 1; amending L. '29, C. 46, § 1; L . '23, C. 60, § l ; L. '21, § 138, § 1; C. s. '20, § 4318; S. L. '35, C, 100. Questions of neg-lige.ncc for injury received in cxtra•hazardous occupations stated. Hotelling ,·. Fargo-\Vestern Oil Co., 33 \Vyo. 240, 238 P. 542. Plas terer, contracting to move ho4se an<l hiring helper, held, employer cn(:!agcd in moving buiildings. In re Karas, 34 Wyo. 357, 243 P. 593. Cited in Lesli,· "· City of Casper, 42 Wyo. 4-l, 288 P . H, annotated under § 124•102. Quoted in Ideal Bakery v. Schryver, etc., 43 \Vyo. 108, 299 P. 284. 124-105. Exceptions. This chapter 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 employe engaged u1 domestic ser_vice, ranch, farm, agricultural, or horticultural labor, or stock raising, or any person holding an appointment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. s. '20, § 4319. �WORKMEN 'S COMPENSATION ACT 7 124-106-7. Definitions. In this chaP.ter unless the context otherwise requires: (a) "Factori es" mean any premises where power is used in ma nufacturing, making, altering, adapting, ornam en ting, finishing, repairing or ren ovating, any article for. th e purpo§._e of trade or gain, or the business carired on th erein, includin g expressly any brick yard, meat packing hou se, foundry, smelt er, ore reduction work s, lime-burning plant, stu cco plant, steam heating plant, elect ric lig hting or power plant, in cluding all works in or di rec tly connected with the construction, in sta lla tion, ope rat ion, alt era tion, removal or r epair of wires, cables, switchboards or appa ratu s used for the tran smi s ion of electric cur rent, and water power pla nt, in cludin g tower and standpipes, power plant, blast furn aces, paper mi ll , printing plant, flour mill, g lass fac tory, ce m ent plant, arti ficial g as plant, machin e or r epai r shop, oil plant, oil refinery plant and chemical manufact ur ing plan t; (b ) "\ 1/ork shop" mea ns an y yard, pla nt, premises, room o r place where po wer driv en J!lac hin ery is employed and manual labor is exerci sed by way of trade or gain, or otherwise incidental to the process of makin g, altering, repai ri ng, pri nting or ornamenting, finishin g or adapt ing fo r sale or otherw i e an y a rti cle or part o f a rtic le, over w hi ch pr emise , room or place th e employe r of th e pe rson ,yorkin g th erein has t he r igh t of access or con trol; (c) "Mill" m ea ns an y plant, premis es, room or place wh ere machinery is used, any process of machinery, chang ing, alterin g or repairin g any article or commodity fo r sale or o th erwise toge th er with th e yards and premises which a re a part of the plant including elevators, warehouses and bunkers, saw mill , sas h factory or oth er work in the lumber indu stry; (d) "?vl in e" means any opening in the e<!!:_th for the purpose of extracting iron, oil;- coal, or other minerals and a ll und erground workings, slopes, drifts, shafts, galleries, w ells and tunnels, and other ways, cuts and op enings connected therewith, including !.)1ose in the course of being opened, sunk or driven. and includes all the appurtenant structures or machinery at or about the openings of the mine, and any adjoining adjacent work place where the material from a rrtirie 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 removed 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 ap- : purtenances; (g) "Engineering work" means any work in the construction, alteration, extension, repair or demolition of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any �8 WORKMEN'S COMPENSATION ACT - work in dredging, work . on lo~ <;>r lumber_ rafts or boo ms; pile drivi_n?", moving b~1ldmgs, movmg safes, or in layi ng, repamp g or r~mo".mg m_1derground pipes and co1!!1ections; th e erect ion , mstalh_n g, repairing, or removing of boilers, furnaces, engm.£._s and power mach inery (including. belting and ~ther conections); and any work in g ra_g111g or _excavatmg wl~ere shoring is necessa ry or power mac hm ery or blas tmg powder dynamite or other hi g h explosive is in use (excludin~ mining and quarrying); (g-1) "D ud e ra nchin g" fo r the purpos~ of this cha pter is def in ed and !:Deans a ranch conducted primaril y fo r th ~ accomodation and ent ertainment of g uests for monetary consideratio n ; ( h) "E mpl oyer" includes any mun icipal_ity, county, person or body of person_s, co rporate or mcorporate, and th e legal repre entat1ve of a deceased employer or th e rec eiver or a trustee of a pe rson, corp oration, association or partne rship ; (i) " \Vo rkman" mean s any per on who has entered into th e employment of or works under co ntract of se rvice or apprenticesh ip with an em ployer, except a perso n whose employment is pu rely cas ual and not fo r th e purpose of the employe r' trade or business, or those engaged in clericaJ work, a1.1d_ not subject to th e ha za rd s of the bu in ess, or one holding a n official pos ition. The term "workman" ha ll include "employe" an d th e term "emp loye" shall include "workman'' and each hall in clude th e s ingu lar and plural of 1;oth sexes. Any refe rence to a workman who has been injured shall, w here the workman is dead, include a reference to his "dependent fa mily" as hereinaftei:. defined, or to his legal rep resentative, or where the workman is a minor o r in coD"lpetent to hi s guardian or next fri end ; (j) " Dependent famili es" as used in this chapter means such members of- th e workman's family as were wholly or in part actually dependent upon the workman for support at the time of th e injury. No spouse shall be entitled to the bene fits of this chapter nor shall such fact influence any awards made hereunder unless he or she shall have bee n married to the workman by a marriage duly solemnized by legal ceremony at the time of the injury; (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under eighteen (18) years of age and girls unde, ~ighteen (18) 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 or 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" sh_all not _in_cluge any of the persons named, who _are aliens res1d1ng beyond the jurisdiction of the United States o~ America, except a surviving widow or boys u!lder eighteen (18) years of age or girls under eighteen 08) years of age, or parent or pai:ents, and as to such non-resident aliens the rate of compensa- �WORKMEN'S COMPENSATION ACT 9 tion shall not exceed thirty-three and one-third per cent (33½%) of the rates of compensation herein provided; (1) The words "injuries sustained in extra-hazardous employment," as used in this chapter, shall include death resulting fr?m injury, and injuries to employes, as a result of their employment and while at work in or about the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in places where th eir employer's business requires th eir presence and subjects them to extrahaza rdous duties in cident to th e business, but shall not include injuries of the employe occ urring while on his way to assum e the duties of his employment or after leaving uc h duties, the proximate cause of which injury is not th e employer's negligence; (m) TJ1e words "inj ury and personal injury" shall not include injury ca used by the wilful act of a third person dire cted again st an employe fo r reaso ns personal to uch employe, or because of his employment: nor a disease, except as it shall directl y res ult from an injury incurred in th e emp loymen t ; ( n) " Invali d" m eans one who is phys icall y or mentall y incapacitated from ea rni ng wages. \Vhct hcr cmploye's work is casual or fo r purpose of empl oyer's trade or busin ess , within thisi section, defining workman, depends on fact s of individual case. In re Ka rns, 34 Wyo. 357, 243 P. 593. House mover's employc, llri,·ing tractor, held , workman, within compensation law, though employment WjS casual. I<l. Subdivi sion ( 1) held, to include injuries suffered through the perfom1ancc of all duties of the employment, whether main or inciden tal th ereto but call ed fo r by it. Ideal Ilakery v. Schryver, etc., 43 Wyo, 108, 299 P. 28 -1. Cited In re Martini, 38 \Vyo. 172, 265 P . 707, annotated under 124- 11 2. 124-108. Guardian may act for persons under disability. 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 time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this chapter provided for, shall run, so long as such incompetent or minor has no guardian. [L. '15, c. 124 § 7; C. s : '20, § 4322. 124-109. If other than employer is liable. Where an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability ip some person other than the employer to pay damages in respect thereof, and no legal liability attaches to t!Je employer, then and in such case such employe shall be left to his remedy at law against such other person, and cQ_mpensation shall not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. ' 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole �7 10 WORKME N'S C01v!PENSAT ION ACT or in part, frq_m any liability created by this chapter except as herein provid ed. [L. '15, c. 124, § 9 ; C. s. '20, § 4324. \ Vhcthcr sti pulation ior reopen mg case on . c~rtain conditions after final jud gment a!low mg ~ompens_a u o!1 to mJur!!~ cmploye is void under this section, ts 1mm a!enal 111 dctcrmtnmg whether cour't had jurisd iction to reopen Judg-mcnt . which adopted the confirmed sta tements in st ipu lation at least in part. l\1idwcst Re. fin ing Co. v. George, 41 \Nyo. 55, 281 P . 1005. 124-111 . Blank forms supplied by state treasurer. I t shall be th e duty of the tate treasur er to prepare ca use to be printed and suplicd free fo r use in the ad mini stra ti on of this chapte r such blank forms as may be needed in th e admini tration thereof, and the forms provid ed by th e state treas urer hall be used as near as may be in all proceedure under this chapter ; and it sha ll be the duty of th e state tr eas urer t9 provide him self with such othe r books, records, or for ms as may be deemed necessary to expedite the transaction of business under the provi sions of th is chap ter. T he sta te treasu rer hall also prepa re and cause to be printed, for th e informa tion of employes a nd workmen, such helpful instru ctions as will assist injured wo rkmen in correctly making cl aim s fo r co mp ensation . [L. '23, c. 60, § 5 ame nding L . '21, c. 138, § 4; C. s. '20, § 4325. 124-112. Report s of accident. , \ ' henever a n accident occ urs, causing injury to an y workman engaged in any of th e extra-ha zardous employments defi ned by this Chapte r, it hall be the duty of the employer and the injured emp loye, or omcone on his behalf, or in behalf of th e inju red cmploye' s dependen ts, if he be kill ed or dies fr om the injury, within 20 clays th ereafter to make a repor t of s uc h accident and the apparent injury res ultin g th erefr om a nd to fil e said report in th e offi ce of the clerk of th e district court of the county wher ei n such acc ident occurred which report shall state: Provided, however, that lack of said notice by th e inju red employe shall not bar proceedings if the empl oyer hail actual notic e of knowledge of the injury. ( 1) The name of the injured workman and the time, cause and nature of the accident and the injury; also whether the injury has disabled the worklJlan from continuing the performance of his duties; (2) Vvhether the accident occurred while the work- · man 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 has been engaged in the service oT such employer ; (4) Whether the accident was or was not due solely to the culpable negligence of the injured employe and if so, a stateme!!_t of the facts; . (5) Whether _the injured workman is married or smgle; whether he has a dependent family, and if so, the· _names of t.he persons comprising such dependent family and their place of residence; • (6) Whether the injured workman intends to claim co_mpensation under tl1is Chapter. ~ �WORKMEN 'S COMPENSATION ACT 11 Said e~ployer's report q_f accident may be made upon a prmte_<l form prepared by the State Treasurer for such purposes, and s_hall be verified as pleadings in civil a<:_tio'l_s. Wilful failure or neglect, on the part of any employer whose business or occupation is one enum erated and defined herein as being extra-hazardous, to r eport accidents cau sing injury to any of "his employes, shall be a mi sdem eanor and upon conviction sucJ1 employe r shall be punished by a fin e of not exceeding fiv e hundr ed ($500.00) dollars. I . The injured em ployle's re po rt of a cident may be made up.9n a print ed fo rm prepa red by the State Treasu rer for that purp ose. No order or award for co mpensation shall be made unless, in additi on to th e repor ts of a£._c ident, a n a pplication o r claim for awa rd is fil ed by the in jured workman, or someone on his behalf, or in case of death of the injured workman, by his dependen ts or some one in th eir behalf, with the clerk of the dist ri ct co urt in th e co unty w herein such acc iden ts occurred , within one yea r after th e day on which the inju ry occurred. Teither the repo rts of accident nor anythi ng th erein conta ined shall co nstitu te a claim for compensat ion. The cmployc's claim for co mpensation may be am ended at any tim e before an or igina l order of award has bee n made in order that the -workman may correctly set out the nature of hi s injury. [ C. . '20, § 4326, as amended by L. '27, c. Ill ,§ 1; L. '29. c. 61, § l ; s. L. '35, C . 100. Cited in H otelling v. Far!!'O·"'es tcrn Oil Co., 33 W yo. 240, 238 P. 54 2, annotated under § 124 -1 01. R eport fi led by employer, concern in g accid ent and iu jjury suffcn~cl therl!by, is ordi narily adm iss ib le in evidence.. Ideal Bakery v. Schryver, etc., 43 W yo. 108. 299 P . 284. Limit.1 ti on of t.imc for application fo r compensation by injured cmployc, held, .appl icable to injuries resulting in death . In re Martini, 38 Wyo. 172, 265 P. 707. Limitation fo r filing cJaim by injured empl oyc, held, applicable to claim by:._ surviving parents. Id. That cmp1oye's surviving parents were in Italy, held, no ex• cuse for not filing cJaim for compensation in time. Id. Lack of knowledge as to limitation for filing claim for com• pcn'-ation , he.Id. no excuse for failure to file claim within pre• scribed time. Id. 124-113. Investigation by the district judge-Procedure in disputed cases. '\¥henever 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 f~ compensation at the earliest possigle 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 collu- 0 sion, said judge shall thereupon make an order di- ' recting payme~t for such compensation from the state industrial accident fund in acordance with the facts �12 WO RK MEN'S COMPENSAT IO N ACT by him asc ertained and tht; t~rms of t~is _c ~apter. If th ere be a disp ute, as to the n g ht o fsa1d tnJured employe or his dependent fa mil y t9 receive compensation, or as to the amount thereof, then it shall be the duty of said judge to set th e case dow n for a hearing at th e ea rlies t possible da te and to direct notic~ of such hearin g to be issued by th e cl£rk of said court for service upo n the employer a nd th e employe at least se ven ·(7) days befo re th e date fi xed for said hearing, whic h said notice shall be served by the sheriff of said co un ty witho ut expense to eit her pa rty, except that his ac tual traveling expenses sha ll be a llowed and taxed, as co t . T he hea rin g sha ll be conduc ted upon th e statement an d r eport fi led by the emp loyer, a rid such fo rmal claims as may be prese nted and fi led with the cl crl of th e distr ict cour t by or on behalf of the injured wo rkma n. If the employe r, in hi s report of the injury, alleges tha t th e i1tiury was du e solely to the culpa_hle neglige nce of the in jured cmploye, or th at the claim fo r compensation i one not co ming wi thin the provi ions of this chapter, then a ju ry may be dema nd ed by either party and the cau se s ha ll be tried, as a court m:oceed ing. If a jury is deman ded, it may be elec ted fr om names drawn from the five m ile limit ju ry box, as in civi( cases, at any time in term time or vacati on unle s a r egu lar jury panel be in atte nd a nce at the court on the da te any such hea ring may occur. T he taki ng of evidence hall be s ummary, giving a full oppo rtunity to all pa rties to deve lop the fac ts fully. The off icial co urt repo rter of th e district court shall a ttend the hea-;:ing a ns! make a tenograp hic report of the evidence wit hout co t to eith er party. The cour t or jud ge hall direct th e co unty and prosec ut ing attorn ey, or o ther competent atto rney a ppoint ed by the co urt to conduct th e exa mination of wi tn esses on be half of the injured workman , a nd it sl1al) be th e duty of sai d a tt orney to appea r and perfo rm such service without expense to either party. T he employer may appea r in pe rson or by co unsel a nd introduce evidence a t th e same hea ri ng. To costs shall be taxed by th e cl erk except fees fo r witn esses, w ho may be subj oe naed and who shall be allowed the sam e fees. for a tendanc e and mileage, as is fi xed bY. law in civil actions, and jury costs shall also be taxed. All such costs shall be paid from- tlie accident fund , if the verdict and judgment be in fa vor 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 th~ verdig of the jury, if a jury be called, and if no jury be called, the court or judge shall render a decision upon the facts and law q_f the case pursuant to the provisions of this chapter, and make an order allowing or disallowing com_Qensation, as t~e law and the evidence may warrant. In- any pro- · cee?mg before a court or judge, as aforesaid, the court ?r JU~~e sh~ll have authq_rity to appoint a duly qualified 1rr:ipartial physician to examine the injured employe agd give testimony. The fee for such service shall be five dollars ($5.00), unless otherwise ordered by the court, with mileage allowance as is allowed ~ to _other witn_esses, which shat be taxe'd as costs, and paid as other witness fees are paid. The employer or cmploye may, at his own expense, also appoint a �WORKMEN'S COMPENSATION ACT 13 qualified physician, who may ~ttend and be present at any such examination of an injured employe and give testimony at such hearing or investigation. Where an award of compensation has been made in favor of an injured employe, an application may be made to the court by either party, any ~ime after one year from the date of the award for a modification of th e amo unt of the award, on th~ g round of increase or decrease of incapac!ty due solely to the injury, or upon th e gro und of mistake or fraud . [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2; S. L . '35, c. 100. Thi s section <loes not deny the right of an cmployc to be rcprcst:ntccl by counsel. in vie w of § 124•128 relating to fee s of a ll orn cys. Zanca nelli v. Cen tral Coal & Coke o., 25 Wyo. 511, Ji3 P . 98 1. Court in compensation proceedi ng held, auth orized to secure c..x pcrt tes ti mony 01~ effect of injury . though hearing o n ultimate fact. akamoto v. K emmerer Coal Co., 36 \Vyo. 325, 255 P. 356. R efu sal to take compensation case from jury after employer admitt ed there wa. s no evidence of ,a.•orkm cn's cupablc ng ligcncc, held. not error. I n re Hi bler, 37 Wyo. 332, 26 1 P. 64 8. Hearsay testimony of deceased empl oyc's wife, concern ing em• ployc's statements rb.tinf:' to inj ury, admissible where no objcc• tion was made at trial. Ideal Dakcry v. chry vcr, 43 \\Tyo. 108, 299 P . 284 . Cited in L a Chappelle v. Union P acific Coa l Co. , 29 Wyo. 449 . 21 4 P . 587, annota ted under § 124-101. Cited in l\Iidwcs t Refi ning Co. v. George, 41 \Vyo. 55, 281 P. 1005 . annota ted u nder ~ 124-H 0. !l l idwcs t Refi ning Co. v. George, 44 \ Vyo. 25. 124-114. Appeal to ~upreme court. Any order given and made in any investigation or hearing by a court or judge, pursuant to the provisions of this chapter, shall be rev iewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil procedure ; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the supreme court within seventy (70) days from the date of decision or order on motion fo r new trial by a court or judge, unless the time be extended by order of court or judge; and fifteen (15) days shall be allowed plaintiff in error thereafter for filin g brief, and fifteen (15) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal t.9 . the supreJ!le court is p_rosecuted on behalf of t)1e injured workman, the county and prosecuting ~ttorne;v, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official court reporter of the district wherein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, transcripted, certified and forwarded to the clerk of the supreme court, without co§t to the iajured 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 part of his official duties, and by any other attorney representing �3 a 14 WORKMEN 'S COMPENSATION ACT said workman. In case ;gi appeal be prosecuted on behalf of the employ~r, the record of _the p_roceedings at the original hearmg shall ,be s upplied without cost to such employer, but suc h employer may employ cqunsel to conquct such appeal o n his behalf. The court granting an appeal to an emp loyer from an order of award shall stay, un ti! the appea l is finally determined, the payment of said award or that portion thereof app ealed fr om up on such term s as may to the court eem ju st and prop_er. [L. '31 , c. 73, § 59, amending L . '25, c. 124, § 2 ; C. . '20, § 4328. Law permitt ing rctcn tim~ _o r fees b)_' rcl?ortcr for transcripts hcl<l, not to rcpe.:, I l:iw requ iring tr~nscn pts 111 c~mpcnsation cases to be fu rn ished without cost to par ties. In re \Vm bome, 34 Wyo, 3-19, 24-l P . 135. Cost of transcript, in appeal under tbisi chapter, no t contingent expense paya ble out of industrial accident fund, nor from interest earned by said fu nd . Judgment on substantial evidence in co mpen sat ion C.."'l SC is con~ elusive. )[cl\fahon v. ) [idwcst R efini ng Co. , 36 W yo. 90, 252 P . 102 7. \\' here petiti on in erro r :lnd record in compensation case were not fil ed within time limited. th e strpremc court was without jur_isdiction. Ritsma v. Standard O il Co .. 37 W yo. 47 1, 263 P . 619. 'M otion for new trial, under thi s section, must be fi led within 10 days from fina l order, anrl, wh ere no t ~o fil ed. error proceedings must be dismissed where motion for a new trb l was necessary. Standard Oil Co. v. Duchana n, 39 \ Vyo. 372 , 271 P . 876. Procedure on app'eal in ordina ry c ivi l cases applies to cases under compensation ac t. except as othen\;Se provided . Id. Assignment of error in motion for new trial not urged in brief is wai,·cd. Ideal Dakery v. Schryver, 43 \ Vyo. 10 , 299 P. 284. U nless an appeal frcim an orde r, in proceedings under this chapter, is perfected by fili ng record in supreme court within 30 clays thereafter as required by this section. or as extended by order of court or jjud ~e. the supreme court has no jurisdiction of the case on appeal. I n re Krivokapich. 4 1 W yo. 9, 28 1 P . 195. Failure of parties appealing fr om a ward o f compensation proceedings to file record with in statutory period required dismissal. Id. ~asc dismissed for fa ilure to perfect appeal in time. ]\farsh v. Alioc, 43 Wyo. 345. , Proccerling-s held, rcviewable by direct appeal except where altered, in ,·icw of this sction. ;\farsh \', Aljoc, 41 \ Vyo. 119, 282 P. 1055. District court held, authorized to make second extension order for perfecting appeal to supreme court. Id. Righ~ of compensation claimant to attorney general's services must yield to state treasurer's right thereto, when he petitions to reopen case. Id. Supr<:mc court has no jjurisdiction of appeal in compensation P~_ocecdmgs taken af\cr expiration of sta tutory period, therefore 1~ order extending time. In re Contas, 42 V,,'yo. 59, 289 1? 6~'. General terms of compensation law, fixing time for filing record ondap peal. were applicable to filing record in compensation cases u~ ,"v':. subsequently created appellate procedure. In re Contas, 4• yo. 94, 291 P . 314. d Tk cnftitlc record on _appeal to be filed within statutory period, oc ct ccs must be paid to clerk within time allowed. Id . . Arp:il:mt has duty of seeing that ·his record on appeal is for• "art c to supreme court as required by law. Id. 124-115. Court order recorded-Copies to auditor ~d treasurer. _Every order given and made by a d_isrict ; 0 urt «;>r Judge awarding payment from the Jl~u st rial accident fund to an injured employe or hts dependent family, shall be entered of record by the clerk of the court where given and true copies thereof �WORKMEN'S COMPENSATION ACT 15 shall ·be immediately made and certified by said clerk and forwarded to the state auditor and state treasurer respec tivel y, of \ ,\/yomin g, and shall be by each of said officers entered upon a record to be known as th e compe nsation docket, and shall be the authority and dire_ction of the state auditor to iss ue warrants for compensa tion award s against the industrial accident fund a nd fo r th e state tr eas urer to pay such compensation a wa rd s from said fund. [L. ' 15, c. 124, § 14; C. s. '20, § 4329. Ci te,! in La Chappelle v. Un ion Pacific Coal Co. , 29 W yo. H 9, 2 14 P . 587, a nnota ted under § 124-101. 124-116. Industrial accident fund-Appropriation. T here is hereby created a fund to be kn own as the "in dustrial accident fund ," which shall be held by th e state trcasu(er and by him depo sited in suc h banks as arc auth ori zed to r eceive depos its of the funds of th e state. The treasure r in making said deposits shall divid e th e said industrial accident fund into two distin ct fund s, one to be kn ow n as the "gc11eral fund" a nd t he other to be known as the ''reserv e fund." The "general fund" as near as may be, shall be used for p_eymcnt of all awards, claims and items of expe nse chargea ble against the industrial acciden t fund, and th e " reserve fund" shall not be used for any of said payments unlc s the "general fund" a t the time is insufficient to meet the demands upon it, in which case the treasur er shall transfer from the "reserve fund" to th e "general fund" a sufficient amount to meet the immediate demands upon said "general fund ." The purpose of creatin g said "reserve 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," anp as near as may be unused in accordance with said purpose. The state treasurer shall set aside in the "reserve fund" at the end of each month twenty-five per cent (25%) of all moneys received in the industrial 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 United States government bonds, state, county, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall become a part of the industrial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be pai<! from the accident fu!!,d in any court proceeding under this chapter, and all contingent expenses incurred in preparing for and in the ad.m inistration of this chapter ~hall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, •amending L. '21, c. 65, § 1; C. S. '20, § 4330. •·contingent expenses"' payable out a£ industrial accident fund, refers only to expenses in ad~inis.tration of state d~~artmcnts. does not include cost of transcript m appeal under th1s1 chapter. In re Winborne, 34 \Vyo. 349, 244 P . 135. �16 \iVORKl\fEN 'S CO MPE 1SATION ACT !24-117. Employers' assessments. Every employer who shall engage in any of the ext ra-hazardous occupation s defined in this Act shall at th e time of commencing such employment pay to . the State Treas urer for credit upo n the account of such employe r in 'the industrial accident fund, a n initial sum of fift y dollars ($50.00) . E~e ry 7mp loyer engaged in any of th e occup a ti <;> nS here111 d~fmcd as ex tra-hazardous, is hereby required_to pa)'. 111to !he state treasury for th e benefit of th e mdu stn al accid ent fund a sum of money eq ual to one a nd one- half per cent. (1½%) of the money ea rn ed by each of his cm ployes engaged in uch ex tra-ha zardous emp loy ment during each calenda r month of uch emp loy ment. Such payment hall be so made on or befo re the l ·Sth day of the month follo wi ng the m onth for whic h such payments arc computed and paid . Each employer shall continue to make monthl y cont ribu tion as above provdied unlcs his account, af ter ma ki ng the hereinafter specified deductions therefrom, hall equal full two per cent. (2 %) of his anual payroll computed by multi plyi ng his current month's payroll of workm en engaged in extra- hazard ous employme nt by twelve and shall likewise be not less th an three thousand doll ar s ($3,000.00); provided; how eve r, that any employer whose acco unt i ove r drawn shall be req uired to pay month ly a sum of money ( includ in g th e payments as above specified) eq ual to fo ur pe r cent. (4%) of the mon ey came<;! by each of his employes engaged in such ext ra-ha za rd Q_u employme nt during each calendar month of such employ ment until such overd raft hall be paid. uch employer hall not be compell ed to contr ibute wh en his con tribution s in the fund , af ter making deduct ions as afo resaid, shall equal two pe r cent. (2%) of hi annua l pay roll, and shall likewise be not less than three thousand dollars ($3,000.00) . In add ition to th e oth er payments req uired by this section to be pa id into th e indu strial accide nt fund, every employe r engaged in any of the occ upations herein defined as extra- haza rdo us shall make a payment to be known as a "service and policing charge.'! Such service and policing charge shall be paid by the em ploye r into the state treasury fo r the benefit of th e 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, howev_£r, that no employer who pays for any calendar month four per cent. (4%) of ~he moneys earned by each of his employes engaged m such c.."<tra-hazardous employment during such calend_a: month shall be compelled to pay a service and pohcmg charge for such m_gnth. Eve_ry employer, who, for any reason, including ces~a.tton of operations, fails to pay a service and poh_c111g charge of not less than two ($2.00) dollars dun_n~ _each calendar month, shall be required to ~ay an m!tJal sum_ of fiv_e ($5.00) dollars upon rcsummg or ~~mg requrred to resume payment of service and pohcmg charge. �I WORKMEN'S COMPENSATION ACT 17 The service and pol_icing c!1arge shall be computed on th e monthly premmm paid by the individual employer in to the state trea sury for the benefit of the industrial acc ident fund during each calendar month or on the premi um which th e employer ·would hav~ been req uir ed to pay had not the amount of the employer's balance relieved him from the payment of a premium . T he am?unt of the _service a nd policing charge shall be deterrmned accordm g to the following schedule. Service and Policing Charge \,\/here th e month ly payment is formonth less than $ 16.01 .................................... .. .... ::: $ 2.00 10.01 to 20.00 . .... ...... ........ ... 3.00 20.01 to 30.00... ........................... 5.00 30.01 to 40.00 ............ ................... 7.00 40.01 to 50.00 .. ............................. 9.00 SO.OJ to 60.00................................ 11.00 60.01 to 70.00.. ......... .. .... .... ........... 13.00 70.01 to 80.00 ................ ,...... ........ 15.00 80.01 to 90.00 ................ 17.00 90.01 to 100.00 ............................. 19.00 I 00.01 to I 50.00 ............................... 25.00 150.01 to 200.00 .............................. 45.00 200.QI to 300.00 ........................ ...... 50.00 300.01 to 400.00 .................. ............ 60.00 400.01 to 500.00 .... .. .... ..................... 75.00 500.01 to 750.00 ...... ... .. .. .... ....... .... .... 1I 5.00 750.01 to 1,000.00 .... .. ......... ..... .. ........ .. 125.00 1,000.01 to I ,500.00 .............................. 150.00 1,500.01 to 2,000.00 ...... ............. .. ... .... 175.00 2.000.01 to 3.000.00 ................. .. .. .. .... .. ... 200.00 3,000.01 to fooo.oo ............. .. .... .... ..... .. 22s.oo 4,000.01 to .5,000.00 ...... ............... .. ......... 250.00 Over 5,000.01 ...... .. ..... ............ .. .... ....... ...... .......... 275.00 r Provided, however, in that the expense of the administration of this chapter and of making the collectio ns herein fixed. is greater as to non-resident employers engaged in extra-hazardous occupations, than such expense obtains to such employers bona fide dom iciled within the State of vVyoming, the service and policing charge, upon the monthly· premium paid by non-resident employers engaged in extrahazardous occupations, sh<!_ll be double the foregoing schedule, as the same applies to resident employers engaged in extra hazardous occupations. "Non-resident" employers of extra-hazardous occupations shall give bond or other security in the sum of five hundred dollars ($500.00), to be fil)provecl by the State Treasurer or his deputies, before starting the work. The contract of said bond or other security shall be conditioned that the said employer will faithfully perform all the duties imposed by this Act uoon employers engaged in extra-hazarclq_us occupations and promptly pay into the state treasury, at the time and in the manner set forth in Section 124-117 of the Revised Statutes of Wyoming, 1931 , and all Acts amcndatory or in aid th~eof, the sums of money required to be paid by employers in extra-hazardous occupations. And to this encl, "non-resident" em- �18 WORK MEN'S CO M P E NS ATIO N ACT ployers en gaged in extra h~zar_do us occupations arc hereby requi ~ cl, befo re startm g work , and from time to t im e after such work has Q_ee n started, to report to th e S tate Trea surer th e nature a nd progress of such work, the locati on of th e same a nd th e number of employes engaged in a nd upo n ~h e work and likely to be so engaged fo r th e nex t t hirty (30) cla ys giving such furth er and detail ed info r ma tion as the State Treasurer may reasonab l , deman d. T he willful failure or neg ligence on th e par_!: of an y "_n on-reside_nt" cm-' ployer of extra- haza rd ous occ up a ti ons to give said sec urity; to make th e repo rt , and / or to furnish the informa tio n r equ ired by this ect ion, hall be a misdemea1"i"or, and up on co nviction . uch emp loye r shall be pun ished by a fine of not le s than fi ve hundred dolla rs ('500.00) or mo re than five tho u a nd dollars ($5 ,000.00) , recove ra ble wi h cos t in a ny court of competent jurisdi cti on. Provided, however, that "nonresident" employe rs of e..xtra-hazardous occ upations shall not be req ui red to give bond o r o th er ,security for any pay men t or payment requ ire d of them for th e "service and policing charge" req uired by this Sec tio n. And the r eq uiremen ts of th is ecti on that "non-residen t" employe r of extra- hazard ous occupations shall g ive bond or other ecurity, shall not appl y to "service a nd policing cha rges" herein prov ided. The term "non-resid ent" emp loyers of cxtra-h~zardous occ upations, in this conne ctio n, hall be construed as an employe r of labor engaged in extra-ha zardous occupations, who for th e previous twel ve months has 11ot bee n a continu ous co n.t ributor to th e compensation fund as in this Cha pter nrov id ed. an d wh o has not bee n bona fide domiciled in, or a resident of the State of W yomin g continu ously fo r the preceding twelve months next prior to enp-_aging in th e business of an "employer of labor in extra-ha zardous occupation ." \Vh en an y such employe r , shall co ntribute to said fund as required b:v t):iis Chapter, for tw elve consecutive months immediately prior to the commencement within this State of the occupation, the requirement to •pay double the service and police charge shall cease. For the purpose of encouraging- ·care on the part of the employers and thus decreasing accidents to emplo:ves, 11nd to the end that each employer shall com· Pensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer shall keen a separate account for each emplover so contributing- to said fund anrl shall charge ag-ainst the :tccount o_f each employer all warrants paid from the mdustrial accident fund : (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe 0.f such employer; (c) In payment for investigations of accidents _of ~uc_h empl'?yer, or in payment in investigations of m· Junes to his eip.ployes; (d) In payment of witness fees and other costs as herein provided in cases wherein an order of award is �WO RK MEN'S COMPEN SAT ION ACT 19 gran ted to th e em ploye of such employer. ( L . '27, c. Ill § 2; L. '25, c. 124, § 3; L . '23, C. 60, §7; C. S. '20, § 4331; s. L. 33, c. 129, § 3; s. L. '35, c. 100. Cited In re \.V inborn e, 34 Wyo. 349, 24 4 P. 135, annotated unde r § 12 4-114 . 124-118. Filing of ·payrolls with state treasurer. It shall be the d ut y of eac h employe r to forwar d to th e sta te trea ure r, on a blan k form provided by said state tr esa ur r, a tru e copy o f his pay ro ll of pe rsons in his employ engaged in ~" tra -ha zard ous emp loyment during tb s curr£_nt ca lend a r m onth, sworn to either by hi mself or the pe r on havi ng kn owledg e of said payroll s. Each em ployer, unles othe rwise supplied wi th the last above bla r:i k fo rm s, shall seasonab ly apply to sa id s ta te tre as urer fo r th e sa me ; an d a ny emp loyer wh o sha ll fail, neglec t or r efu se to furn ish such t r ue cop y of his payroll o f per sons in hi employ, or shall refu se to make the m onthly premium paym e!f tS as provided by th e te rms of this chapter when they becom e due, and against wh om a n award is made to any injured workman in h is employ, shall be personally liabl e to th e ta te of \ Vyom ing, for the use a nd b'e nefit of the in du s tri a l acciden t ft nd, to be recov red by suit broug h t by the sta te on th e relation of the state treas urer, in a um eq ual to uch a wa rd or aw ard s as are enter ed for payme n t fr om th e workm en's compe nsati on fund of the sta te of \ i\Tyom ing. T he entry of fina l ord er by the judge of a district co urt havin g juri sdiction of such cause approv in g and a llow ing an award of com pensa tion shall be pri ma fa cie proof of the !iability of an employer so fai li ng to comp ly with th is provision of this g 1apter ; provided, that nonresiden t emp loyers, up on en gagin g in a ny ex trahazard ous occupati on as defin £.d in this chapte r, and havin g in their employ ,Yo rkmen perfo rm in g such ex tra-haza rd ous wo rk, shall be deem ed fr om the date of th e com m enceme nt of such wo rk, to have desig nated the secreta ry of state of th e state of vVyomin g their age nt for service of a ny process upon th em in an v ac tion prosec ute d herei nunder ; and furth er, provid ed . that th e secretary of state, upon th e r eceipt of any process sha ll send th e same b y registered mail to the address of the addressee only, and shall r equest that a r eturn receipt for sam e be furni shed. The provisions o f this section shall not m odify a ny other p rovision s of this chapter, but shall be deemed to be in addition thereto. It shall further be th e dut y of each employer heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupation s of an extra-hazardous nature as defined hy this chapter. Any failure of any such employer to file with said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and a.n y wilfully false statement in any affidavit m~de as herein provided shall Jikeivise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars $500.00. [L. '29, c. 119, § 1, amending L. '27, c. 111, § 3; L. '23, c. 60, § 8; C. S. '20, § 4332. �20 WO RK MEN ' S COMPENSATION ACT l24-119, Inspectors--Failure to pay assessmentPenalty. T he state tr easur er is a ~thorized and empowered, fo r th e pur po~e o f en.for c111 g th e prov isions of this chap ter, to app omt tw o ll! spec tors, th e salaries and act ual a nd nece.ssa ry trave lmg . expen~es of such inspecto rs to be paid out o f t he 111dustn al accident fun d. In case an y emp loyer engaged in any extrahazardous busin ess or ind ustry, as d efin ed by this chapte r, sha ll fa il or rcfu e to pa y ~h e asse~s ment upon his curre nt mont hly pa yroll , as 1s required b.v this chap ter, he shall be g ui lty o f a m isdem ~-i nor an d shall be pun ished b)~ a fine <;> f not .n :o re tha n five hundred dollars ($500.00), a nd 111 add 1t1on to the said fin e it shall be the dut y of th e a tt orn ey ge neral of this state to immediately bri ng suit in t_l:ie nam e of the state for th e benefit of the industr i~l accid ent fu nd aga in st such empl oye r, for th e collection o f such assessme nt a nd if a judgmen t for the recove ry of said as essment be g iven in favor of th e tate for the use a nd benefi t of the in dust rial acc id en t fund, aid judg men t shall be fo r doubl e th e amo unt of the payroll as ess me nt provid ed in § 124- 117, toge th er with co t . [L. '27. c. 111. § 4, a mend ing L. '23, c. 60, § 9. C. S. '20, § 4333. 124-120. Compensation sched ule. E ach employe, who shall be injured in any of the ex tra- hazardous employ ments as herein defined, or the depe nd ent fami ly of any s11ch in jure dworkm en, who may die as the res ult of such injuries, except in case of injuries clue solely to the cul pab le negl igence of s uc h inju red cmploye, hall r eceive out of the indust r ia l acc i9ent fu nd, compe nsation in accord a nce w ith the fo llowin g sched11 lc, a nd such ri g h t an d payme nt shall be in lieu of and ta ke the pl ace of any and a ll rig hts of ac tion agai nst any employer co ntrib u ting, as required by this chap ter, to th e indu str ial a cicdent fu nd in fav or of anv perso n or perso ns by reaso n o f a ny s uch injuries ~r d eath. (a) "Perm a nent par tial disabi li ty" mea ns th e loss o f either one foo t, one leg, o ne hand, one arm, one eye. or th e sight of one eye, o ne or mor e fin gers, one or more toes, and di sloca tion \\" here th e ligaments are seve red, or an y oth er injury kn ~~vn to surge-ry to be perm anent partial disa bil ity. F o r an y perm anent partial di sability h ereinafter s pecificall y desc rib ed. resulting from an injury, the wo rkman shall receive a lump sum as foll ows: For the loss of a thumb ..... .......... ........ ..... .... $ 337.50 For the loss of a fir st fin ge r .... 300.00 For the loss of a second fin ger .. 225.00 For the loss of a third finger .. .. 225.00 For the loss of a fourth fin ger ...... ...... ........ .. 225.00 For the loss of a palm (metacarpal bone) .. 900.00 For the loss of a, hand .. ... ... ... ..... .. .. ........ .... ...... 1500.00 For the loss of an arm at or below elbow .. 1800.00 For the loss of an arm above elbo~ .. ...... ... ... 200.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the finger or fing~rs useless, the same amounts apply to such finger or fmgers (not thumb) as given above. �WORKME 1'S COMPENSAT ION ACT 21 T he loss of a third or distal phalange of the thumb sha l be considered to be equa l to the loss of one-half of such thumb ; the loss o f the more than o ne- half of such thumb shall be co nsid ered to be equal to the loss of th e whole thumb. T he loss of a third or di stal phal ange of any fin ger shall be co nsid ered to be equal to the loss of twothird s of such fin ge r. Th e loss of more than the middle and di stal phalanges o f a ny finger sha ll be co nsider ed to be equal to the loss o f the w hole fin ge r ; prov ided, however, th at in n o case sha ll th e amo unt rece ived for more than one fin ge r xcccd th e amou nt ni this schedu le for the loss o f a hand . F or th e lo s of a g rea t toe .. ........... ... ............... $200.00 Fo r the lo s of one of th e to e o ther th an g reat toe ......................................... .... ... ... 150.00 T he loss o f mo re tha n t\\"o -third o f an y toe sha ll be cons idered equa l to the lo s of th e who le toe. T he loss of less than tw o- thi rd of anv toe shall be co nsid ered equa l to th e lo f one-ha!( of th e toe. Fo r th e loss of a foot ............................. ......... $1200.00 Fo r the los o f a leg below t!.e knee .......... 1500.00 For the loss of a leg- ab ove th e kn ee .... ...... 1800.00 For th e los of an eye or the sight th ereof 1800.00 In any case wh ere any employe suffers an accide nt und er the terms of thi Act, and \\"h o lose any pa rt of the body which can be replaced by artifi cial mean s, such emp loye, in addit ion to th e benefits of thi s Act, shall be entitl ed_ to a n ~t ificial r eplacement thereof in an amount not to exceed one hundred and fifty ($ 150.00) dollars. For an y other injury known to surge ry to be per• manent partial ~li sability, the workman shall receive a sum in the amount proportional to th e extent of such permanent partial di sability based as near as may be u_pon the foregoing schedule, but in every case of per man en t partial disability the amount allowed for the injury shal) be paid in monthly in stallments at the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife at the time of the injury ; provided, however, that the court making such award shall retain jurisdiction of the same until said award s hall 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 worlanan and shall have power at any time during said period, upon application and hearing, with notice to the employer. and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Perma11ent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful �22 WORKMEN'S COMPENSATION ACT occupation. \iVh ~re !~ere has been a previous permanent pa rti al d1sab1hty, as th e loss of one eye, or th e sig ht thereof, one ~<;1-11d, _one_ !oot, or any other previous permanent partial d1sab1h~y, the award for a subsequent injury shall be determined b?' deducting therefrom the am ount ?f tl!e ~,~•a rd paid for such previous permanent partial d1sab1hty._ ~Vhen permanent total disability r es ul ts from the lllJury the workman shall· receive the sum of four tl1ousand dollars ($4,000.00), but in eve ry su~h ~a c the am~unt allowed 'for th e injury hall be paid m monthly 111 stall111ents at th e rate of fift y dollar ($50.00) pe r month if the workman be unmarried at the time o f the injury, and at th e rate of ixty dollar ( 60.00) per month if the workman ha a wi fe at th e ti me of the injury; provided however, that th e court mak ing such award shall 'retain juri diction of the ame until said award shall have been full y pai d, with powe r to modify or change the am ount of the award to conform to any change in the cond ition of th e injured workman, and shall have power at any time during said period , upon application and hea ri ng, with not ice to the employer and a showing of the necessity therefo r, to order all o; any pa rt of the un paid balance of th e a ward to be paid to the injured workman as a !um[) um ; provided that if th e workman shall die leaving a n unpaid balance of th e a wa rd, th en uch unpa id bala nce shall be returned to th e indu stria l accident fund and be credited to the employer' balance. If the workma n suffering such permanent to ta l disability ha ve a boy or boys under eighteen ( 18) year s of age, or g irl or gi rls under eighten (18) years of age, th e gua rdian of uch child or children app ointed as hereinafter provided, shall receive for the use and benefit of ~aid ch ild or children, a lum p sum of one hundr ed and tw enty dollars ($ 120.00) per year for each boy under eighteen (18) yea rs until the lime when each of said bovs shall become eighteen (18) yea rs of age , and a lump sum of one hundred and tw~Hy do llars ($120.00) per year for each girl under eighteen (18) yea rs of age until the tim e when each of said g irls shall become eighteen (18) yea rs of age; provided, that th e aggr egate lump sum paid to S!!,id guardian shall in no case exceed four thousand dollars ($4.000.00) , and a1iy and all awards made on acount of any such child or children, shall be disbursed und er a proper guarfidian ship to be created by the court or judg e making such award. (~) "Temporary total disability" means an injury wluch, though it may result of does result in a permanent total or partial disability temporarily incapacitatcs the. injured person from performing any w~rk ?-I .any gamful occupation for the time, but from which •~Jury such person_ may recover by medical or surgical treatment and be able to resume work. In such ~a~e, if the workman be unmarried at the time of the mJury, he shall receive the sum of fifty dollars ($50.00) P_er month, so long as the- total disabil ity shall contmue. If he have a wife at the time of the injury, he shall receive sixty dollars ($60.00) per month, and if he have _a boy '?r boys under eighteen (18) years of age or girl or girls under eighteen (18) years of age, or both. he shall receive for each, seven and one-half dollars ($7.50) per month, but the total monthly pay- . ')1 �WORKMEN 'S COM~ENSATION ACT 23 ments shall not exceed ninety dqllars ($90.00) per month. No compensation, except the expense of medical attention, shall be allowed for the first seven (7) clays of disability, unless the incapacity extends beyoncl th e period of tw en ty-one (2 1) days, in which case the compensation shall run from the time of the injury. As soo n as recovery is so complete that the ea rnin g power of th e workman at a ny kind of work is re tor.£_cl, th e pay men ts shall cease, but in no case where compensation is awa rdecl for perm anent partia l di sa bility or perman ent total di sability, shall there be dedu cted therefrom afl_v amo unt awa rded and paid, on ac ount of temp orary total disabi lity. \~' hen th e workman has non-r esident a lien children, he shall receive only one-t hir d of the sum above fix ed for boy s und er eig ht een (18) yea rs of ag e and g irl s und er eig htee n (18) yea rs of age. 17 (d) In all C,! es of temp orary tota l disa bility, perman ent partia l disa bility a!! d permanen t to ta l disab ility, t he expense of m edical atten tion a nd of ca re in hos pital of t he injured wor kman shall be paid fro m date of said inj ury. th e ex pe nse of med ical t rea tment not to exceed gn e hund red and fifty do llars C l S0.00) in any ca se a nd the expense of care in hospital no t to exceed on e hu ndred and fifty dollars (,' 150.00) in any case, un less· unde r gene ral arrangement the workman is entitl ed to medica l a ttention and care in hosp ita l, or th e empl oyer furn ish es a dequ a te and prope r med ica l atte ntio n and hospi tal fa cilities to his employe ; provid ed, however, that no bill or fee for m edical atte ntion or care in hospita l shall be allowed or paid with ou t n otice to th e employer and a hea rin g if r equested by said emp loyer. The sta te trea urer shall have t he powe r to estab lish a schedule fixing the fees fo r which a ll m edical, su rg ical, hospital or other legalized forms of treatm ent rend ered to employes under this section shall be compe nsated. Each physician or surgeon attending a workman injured whil e engaged in e~tra-hazardous occupations shgll file with the clerk of the court of th e county within which s uch injury occurred and with th e s tat e treasur er, und er rul es to be prescribed by th e state treasurer, a ful and complete report fully de scribing the nature of the injuries to such workman ; provided , that such r eport shall not be required unless · the di sab ility resulting from such injury lasts through the clay or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as herein provided shall be punished by a fine of not more !ban fifty dollars ($50.00) . \Vhere death results from an injury, the expense of burial shall be paid not to exceed two hundred fifty dollars ($250.00) in any case, unless other arrangements exist between employer and em-I ploye under agreement; (I) But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal ceremony, such surviving spouse shall receive the sum of two thousand dollars ($2,000.00), but in every such case the said award shall be paid in monthly installments at the rate of forty-five dollars ($45.00) per �a 24 WORKMEN 'S COMPENSATION ACT • month ; provided, however,_ th_a t the cq urt_ makin g such a~v¥cl 111 ay upon app ltcat1on_ and heanng, with not ice to the employer and a s how mg of the necessity th erefor 1 order all or any pa rt of th e unpaid balance of the a wa rcl to be paid !0 the surviving spo use as a lump sum. If the urvivin g spouse ~ha ll r e-marry befo re all of said aw ard ha been paid, then he or she shall onl y be entit led to receive the sum of two hundred and eventy do ll ars ($270.00) out of th e unpa id balance of said awa rd , a nd furth er payment shall cca e and any ba la nce o f the aw ard s hall rev ert to the depe~d ent childr en, if a ny ther e be ; and if there be 11 0 depende nt children the u npa id ba lan ce o f such award hall r<.:turn to the g en era l fun d a nd the sa me shall be cred ited to the empl oye r' ba la nce; if th e survivin g spou e hall die befor e a ll o f a id a ward has been pai d, then the un paid ba lance ha ll revert to th e depen dent chil dren, if any; if no depe nd ent child ren , th en uch balance ha ll rever t to the g en eral fund and be credited to the e111 ployer's balance · provid ed, in any case, w here the urviving spouse sh all re-mar ry or die befo re all of the awa rd has bee n paid, the remainin g bala nce sha ll be paid- to the urv ivin g depend ent children in the fo llowing manner: In as cer ta inin g the amount to be paid to each surviYing child in th e case o f male ch ild ren, th e age of such ma le chi ld sha ll be fi gured from th e time of the deat h or r e-marr iage of su_c h surviving pou e until such ma le child attain s th e age of eig hteen (18) y ars, a nd in th e case of fe111al; children, the time sha ll be fi g ur ed from th e tim e of the de.a t h or re-ma rri age _o f such urvivtng spouse unti l such fe mal e chil d a tt a in s the age of eig htee n ( 18) year s, and th e un paid balanc e of such awa rd shall be divided in each in tance by the number of months betw ee n uch periods o f tim e. 'rn case of th e death of an y o f such ur vivin g chil dre n, th e portion of such aw~d ma de payab le to such child by the terms hereof shall be di,·id ed among the survi vi ng children pro rata ; prov ided, furt her, that if all of the surviv ing children should di e befo re the unpaid balance of the award is entirely di stri bu ted, then th e remai ning undi stributed porti on o f such award shall revert to the general fund a nd be cred ited to the em ployer's balance. If said work111an leaves a surviving boy or boys under eighteen (18) yea rs of age o: girl or g irls under eighten year s of age th e 'guardian of such child or children aopoin ted as hereinafter , provided, shall receive fo-r the use and benefit of said child or children, a lump sum of one hundred and tw enty dollars ($120.00) per year for each surviving boy under eighteen (18) ::tears of age until the time when each of said surviving bo vs shall become eighteen (18) years of age, ai:i_d a iump sum of one hundred and twenty dollars ($120.00) per year for ,., cac~ survi:'ing girl under eighteen (18) years of age until the _time when each of said surviving girls shall become eighteen (18) years of age; provide<!, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand, six h n d re cl dollars ($3,600.00) . In all cases where an order of compensation is made on account of boys under eighteen (18) years of age, or girls under eighteen (18) years of age. or both, gr to persons incompetent, said fund shall u $11 �\~ ORKMEN'S COMPENSATION ACT 25 be di sbursed under a proper guardianship to be created by the court or judge making such an order. (2) If the injured workman die during the period o f temp o~ary total disability and after receiving compensati on therefor, as h erein provided, and his death be shown to have resulted from such injuries, the ·widow and the guardian of the workman's l;>oys under eig hteen ( 18) y ears of age and girls under eighteen ( 18) yea rs of age shall be entitled to an award ·because of th e death of th e w orkm a n, a s ·herein provided, but the total a mount of pay ments in excess of two thousand , fo ur hundred dollars ($2,400.00) received by the injured w ork ma n durin g such di sabj_lity and prior to his dea th sha ll be proport iona tely dedu cted fr om th e amo unts herein provi ded to be paid to th e sur viving wi dow and the g uard ian of th e workm a n's boys un de r eig ht een (] 8) yea rs of age an d g irl und er eig hteen (] 8) years of age. (3) If any workman die wi thin one yea r fr om th e da te of recei~ ing an awa rd fo r pe r mane nt pa r tial di sability and his deat h be shown to have res ulted fr om th e injuries for- ,~hich t he award was gr ;:\n ted, t he wid ow a nd th e guardian of th e work ma n's boys und er eig htee n ( 18) yea rs of ag:c, a nd g irls u_nde r eighte en (18 ) yea rs of age shall be enti tled to an award beca use of th e g_cat h of the wo rk man, as herein p rovid ed, but th e am ount s of the payments received by th e injured workman prior to hi dea th shall be proportionatel y dedu cted fr om th e amo unts h erein provid ed to he paid to th e survivin g wid ow and th e guardian o f th e workman's boys und er eig ht een (18) yea rs of ag e and girl s und er eig hteen ( 18) years of ag e. (4) If an y workman die within tw o years from the date of receiving- an award for permanent total disability and his death be shown to have- r esulted from his injuries, the widow of said workman shall he entitled to an award because of the death of the workman . a s herein provided, but th e amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or ·widower, or boy under the age of eighteen (18) years, or girl under the age of eighteen (18) years, but leaves a parent or parents surviving, such surviving parent or parents, if living in the United States, shatl receive a lump sum of fifteen hundred dollars ($1,S00,00); provided, a parent or parents, who arc dependents and who are non-resident aliens, shall receive a lump sum of one-thi•r d of fifteen hundred dollars ($1,500.00). • [L. '31. c. 94, § 4, amending L. '29, c. 48, § 1; L. '29, e. 64, § 1; L. '27, c. 111, § S; L. '2S, c. 124, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ S, 6, 7; C. S. '20, § 4334; S. L. '33, c. 129, § 4; L. '3S, C. 100. s. l.'nder sub-division b hereof, policy to allow more for children of a disabled than for those of a deceased workman held, a question for the legislature. In re Brennan, 29 Wyo. 116, 210 P . 939. Award for "permanent total djsability" made only in clear case, Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 223, 237 P. 253. �26 WORKME 11 S COMPENS AT ION ACT Evidence showing cmployc's loss of ~ng~~s on both hands, held, to justify award for permanent total d1sab1hty. Sakamoto v. Kem .. mcrer ' Coal Co., 36 W yo. 325, 25 5 P. 356. Sum paid for tc!11p~r;1ry total disability should be clcductcd from tota l permanent cl1sab1 lit y award. Id. E mployc held, cnt~tlcd to payn~cnt o i. c?mpensation in manner provided by sta tu te 111 effect at tune of mJ ury. I n re l:Iiblcr, 37 \\'yo. 332, 26 1 P. 648. Generally speak ing the Jcgislature <lid n<?t. inte nd do_u blc com.. pcn sation 10 injured cmploycs, under prov 1s1ons of this section. ~l arsh v. Aljoc, 41 W yo. 220, 284 P. 260; nano tatccl also unde r ~ 124-137. Sub. A. Standard Oil Co. (Ind.) v . Ervin, 44 W yo. 88. ){cConncll v. Murphy Ilros., ct al. , 45 W yo. 289 (a-c) . Shau l ,.. . F. • I. Co., 46 Wyo. 54 9. 124-121. Additional comp ensation for disfigurement. In all cases of tempo rary total disability or pe rmanent pa rtial disability where the workman shall suffe r permanent disfig ur ement to th e face or head of a nature so g rea t as to affect the workm an's earn ing ca pacity in securing employment, t he worh"lllan s hajl receive, in proporti on to the extent of s uch disfig urement, a lu mp sum in additio n, not to exceed five hu ndred dollars ($500.00). The court shall take into co nsideration in mak ing tl:!_C award any fo rm er di figur eme nt to the face or head of suc h wo rkman . [L . '29, c. 64, § 2. \\ r 124-122. Compensation for h ernia. A workman in order to be entitled to compen satio n fo r hernia must clearly -prove: 1. That the hernia is of rece nt orig in; 2. T hat its appea rance was accompanied by pain; 3. That it was im media tely preceded by some accidental strain suffer ed in th e co urse of the employment; 4. That it did not exist prior to the date of the alleged injury. If a workman, after es ta blishing his right to compensation for hernia, as above provided, elects not to be operated up on, and the hernia becomes strangulated in the futur e, the results from such strangulation will not be compensated." [L. '29, c. 110, § 1; S. L, '35, C. 4, § l. _124-123. Forfeiture by injured employe--Payments withheld. If any injured employe 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 sur~ical treatment as is reasonably e~scntial to promote his recovery, h~ shall forfeit all . ng~t _to compensation under this •chapter; and where an mJured employe is under care and treatment of a ph_ysician, he ~hall not be permitted to personally ~eceive or use any compensation payments allowed !um uncle: . this chapter, except upon the order of such Ph3;s 1c1an, but such payments shall be withheld and deJ.!v_ered to such injured workman upon his recovery or discharge by such physician [L ' 15 c. 124 § 20; C. S. '20, § 4335. • • ' ' i\fo<!ification of instruction as to effect of injujrious practices H!bldmg recovery of injured employe, held, not improper. In re 1 er, 37 Wyo, 322, 261 P. 648. ~ R l ' �WORK MEN 'S CO?vIP EN SATION ACT 27 E mplo)'.cr had bu~dcn of proof that employc persisted in i • •. ous practtccs rctardmg recovery. Id. nJun To "persist" in injuriou s practices retarding injured crnpl o , rccO\·cry means to continue aga inst opposit ion o r rcmonst ye .5 Id. ranee. 124-124. E":emption from execution or attachment. No 1;1oney _pa id o~ payabl e und er this chapter out of th e mdus tr!?l acc ide nt fun d shall , prior to issuance and deliv~ry of t he wa rrant th erefo r, be -capable of being ass igned,. cha rged nor even be taken· in executio n or by $'ar 111shme_!) t. Any such assig nm ent, a ttachmen t, garn1 hmen t or charge sha ll be voi d. [L . '31 , c. 73, § 61, am end ing- L. '15, c. 124, § 21; C. S. '20, § 4336; s. L. '33, e. § 5; . L . '35, c. 100. Cit ed in La Chappelle v. Union Pacific Coal Co., 29 W yo. 449, 2 14 P . 5Si. 124-125. Mino: workman. A mi nor working a t a n age legally permitted under the laws of this state shall be deem ed sui juris fo r th e purp ose of th is chap ter a nd no oth er person shall have an): ~ause of ac tion or right to co m pen sation fo r inju ry to such J11inor workman, excep t as express ly provided in thi s chap ter ; but in the event of a lump sum payment becoming due under this chapter lo uch minor workman, the man agement of sa me ~hall be within the probate jurisdiction of the courts th e same as any other properti es of minors. [L. '15, C. 124, § 22 ; C. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. W heneve r th e s tate, county or any municipal corpora tion shall engage in any extra-hazardous work in which work men ar e employed for wages, this chapter shall be a pplicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of th e state, county or municipality. If said work is being done by contr!!.ct the payroll of •the contractor and the sub-contractor shall be the basis of computation and in the case of contract work consuming less than one year in performance the required payment into the a£_cident fund shall be subject to the provisions of this chapter and the state for its general fund , the county 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 contr_act, 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. vVhenever, and so !ong as under the state law, city charter or municipal or?inanc_e, provision is made for municipal employes inJured m the course of employment, such employe shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. (L. '15, c. 124, § 23; C. S. '20, § 4338. �28 WORKMEN 'S COMPENSATION ACT 124-127. ·Safety devices. Not hing in this chapter • con tain ed sha ll repeal a ny existi ng law providing for th e in stallat ion o r maintenance of any device, means or method for the preve ntion of accidents in extraha zardou s work or for a penalty or punishment for fai lure to in stall or maintai n any such protective device, m eans or method. [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128.. Unlawful to receive more than 5% of compensation for services rendered. It shall b.e unla wful for any perso n or any number of persons acting toget her or separately or in any way, in cludi ng attorneys, agents, interpreters, a nd all other per sons, to receive or agree to rece ive eithe r directly or indirectly any beneficiary o r beneficiaries unde r this chapter, fo r se rvices rend ered or to be render ed, either jointl y or separately, in r elation to proc uring any benefit or benefits under thi s cha pte r, any sum or sums aggregatin g more th an fiv e per centmn of the who le amount received or to be rece ived by suc h beneficiary or ben eficiari e , on acco unt of injuries to any employe, and in no even t to exceed fiif ty dollars ($50.00). Every person violating or co ncerned in th e violation of the provision of this sec ti on shall be g ui lty of a misdemeanor, and up on conviction thereof shall be fined not less than fift y dollars ($50.00) nor more than five hundred doll ars ($500.00), to whic h may be added im pri onm ent in the county jail fo r a term not exceeding nin ety cla ys. It hall be the duty of the county ;i'nd prosecutin g attorn ey of the county in which any injury occu rs to give all necessary legal adv ice to any Lniu red wo rkman, or his dependents, who may seek advice in making and filing claims for compensation, and to prepa re all statemen ts of claim or othe r pape rs necessa ry or advisab le to be fil ed by suc h workman or dependents, fr ee of all charges a nd cost s. [L. '21, c. 138. § 8, amendi ng C. S. '20, § 4340. from Ci terl in Zancanelli v. Central Coal & Coke Co. , 25 '\Nye. 51 1, 173 P. 981. annotated under~ 124- 11 3. CitNI as to attorney's fees in In re Hibler, 37 \ Vyo. 332, 261 P. 648. 124-129. Physicians required to testify. Any physician having attended a n employe in a professional capacity may be required to t es tify before any court or judge when so directed, in cases com ing within the provisions of this chapter, and the law of privileged communication between physician and patient. as fixed by statute shall not apply in such cases. [L. '15, c. 124, § 26; C. S. '20, § 4341. Standard Oil Co. (Ind.) v. Ervin, 44 Wyo. 88, Osteopaths. 124-130. False statement by employe. Any employe or workman who shall make or cause to be made on his behalf any misrepresentation or false statement for the purpose of receiving compensation under this chapter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on conviction, be fined not more than three hundred dollars ($300.00), or imprisoned · for not more than ninety (90) days. [L. '15, C. 124, § 27; C. s. '20, § 4342. /, �WORKMEN'S COMPENSATION ACT 29 124-131. Annual report by state treasurer. It shall L> e the dut)'. of ~he state_tr eas urer to secure and cimpile . stat:st1cal 111 fo rm a t1on concerning accidents occurrmg m the ex tra- haza rd ous employments defined L>y t~ii.s chapter,_ ho.wing the numb er of accidents or fatalitie s o~cu_rnng 111 each of said employme nts, the amount paid 111 each employe r coming within the prov1s1011 of _th'.s chapter ; the amo unt paid out on ~cco un t of 1nJuncs, or d eath re sultin g f!:_om injuries 111 such emp loyme nts; an.9 any other information r elating t o the opc rat!o n or adm inistration of this chapter that may be of 11_1 terest; and t o make a full report thereof, togeth er with such recommendations as he may deem proper fo r changes or amendments herein and to publi h a fu ll repo rt thereof, to the governor: 011 or bcfo r th e 31st clay of December in eac h yea r. [ L. '15, C. 124, § 28; L. ' 17, C. 69, § 7; C. S. '20, § 4343. ?Y 124-132. E xamination by state treasurer. The state trca urer may, at a ny time on twenty-fou r hour ' notice (unle such notice is wa vi ed by the employer) either in per on or through an y author ized inspector agent o r deputy, e,·amine the book , accounts or pay~ roll s of an y employer at an y time for the pu r pose of securing an y information des ir cl in the aclmini trati on o f this chap ter. [L. '27, c. 111 , S 6. amend ing C. S. '20, § 4344. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. Any workman awarded compen ation for tempo rary total disability under thi chapter, as defined by clause (c) of § 124120 hall . if thereafte r req uested l>y his emp loyer submit him elf for medical exam ination by a physicia n licensed to practice med icine in this state, at a place designated by the employer a nd which sha ll be reaso n• ably co nve nient for the workman , an d said workman may have a licensed p hys ician prescn ~ of his own selection. The pu rpose of such examination sha ll be to determine whethe r the workman has recovered so that his earnin g power at any kind of work is restored. If it be agreed th at th e workman has recovered so that his earnin-;;: power at a ny kind of work is restored, th e fact shall be repor ted by the employer and said r,hysician to the jud ge of the di strict court, who made the award in the fi r st instance, or if there be a di spute as to the rccoverv of the workman and his restoration to earn ing p~wer, 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 finds that said workman has recovered and has been restored to his earning power and that compensation should be discontinued his decision and judgment in the premises shall be certified to the state auditor and stak! treasurer and shall be authority and direction to said officers to discontinue compensation payments. If the workman. in such case, refuse to suh_mit to such examination or obstructs the same, his right to m_ont!1ly payments shall be suspended until such ex:ammat1on �30 WORKME N' S COMPENSATION ACT has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, C. 124, § 30; C. s. '20, § 4345. Standard Oil Co. (Ind.) v. Ervin, 44 'Wyo. 88, Osteopaths. Shaul v. C. F. & I. Co., 46 Wyo. 549. 124-134. Employes' statements of dependent persons. All employes or workm en coming within the provi sions of this chapte r shall be r equired, upon entering se rvice in any of th e extra-ha zardous employm<;!ltS herein defined, to make a nd sign a written statement setting forth the names of th e persons dependent upo n th em for suppo rt or constituting members of their depend ent fam ilies, in each case giving th e names a nd ages of th eir boys under th e age of sixteen (16) yea rs and girl s und er the age of eighteen ( 18) yea rs. [L. '23, c. 60, § 12, amen din g C. S. '20, § 4346. 124-135. Assignment of rights and benefits. •All payments made into th e industrial ac cident fund by an y and every emp loyer under th e provisions of thi s chapter shall be taken as paid and r eceived in con sideration of th e indemnity to such employer by r easo n of his contri buting to the industrial acc ident fund, and in consideration of the pa ·ment made by the state to such fund; p rovided, ~hat when any emp loyer engaged in an extra-ha za rd ous occupation as defin ed in this cha pter, has heretofore sold and conveyed, or shall herea fter sell and convey hi s or it property to a purchaser who continues to conduct and ca rry on said bu in ess at the same place, th e seller shall be entitled to tran sfer and assig n to the pureha er all rights, benefits, privil eges and im mun ities, accrui ng to such employer by virtue of any, sum then on deposit to his or its credit in the ind us trial acc id ent fund in th e state treasurv und er the provision of this cha rac ter ; and upon filin g such ass ignment with th e s tate treasurer, the purchaser shall suc ceed to all said ri g hts_. benefits, privil eges and immunities of said employer. Said purchaser shall be subject to obliga tions of compensation against the seller ii:icurred and existing at the date of such assignment: provid ed, that no part of anv moneys so paid in by any employer shall e,·er be refunded to him, either during the time when .he continues in business as such employer, or after he ceases such business: provided, that every employer, operating under the provisions of this chapter shall pay into said industrial accident fund the sum of at least five thousand dollars •($5,000.00); and provided, further, if this chapter shall be hereafter repealed or held invalid, the moneys which are in the industrial fund at the time shall be distributed as mav. be provided by the legislature, and in default of such legislative provision. distribution thereof shall be in accordance with t~e i_ustice of the matter, due regard being had to ob• hg-atlons of compensation incurred and existing. [L. '31, e. 76, § I, amending C. S. '20, § 4347. 0 *12~-136-A. Closing of accounts. Any b a I an c e standmg to the credit of any employer in the industrial •This section omitted from Revised Statutes 1931. '21. c. 68. See S. L. �-- WORKME N' S COMPENSATIO N ACT 31 accidenj: fund for three _Years afte_r sa_id employer shall have ceased to _e ngage m \ i'i/yom mg m the occupation on account of whi~h hi s said ~ontributions hav e been made shall be debited from his account to the profit and loss accoun t of said fund , and said employer' s account shall be th er eupo n fin ally closed, and th ereafter th e said bal_an ce ~hall permanently remain a part of th e in dus tri al acc ident fund . 124-136. Actions against employer independent of chapter. Nothing in th is chapte r shall be constru ed to limit or affect an y r ight or act io n by an employe again st a n employe r for injuries received w hile in th e employ of such employer when uc h employe r a t th e time of such injuries is no t contributing to the industrial accid ent fund as provided in this chap ter. [L. '23, c. 60, 13. 124-137. R e-opening of cases. The state treasurer shall have the rig ht to cause any case to be re-opened in which a n ord er of awa rd has been mad e, provided he shall cause a petition for th e r e-opening of the case to be filed \v ith th e court which gra nted the award, wi th in thirty days afte r the date o n whic h th e ord er of award \Yas received in th e state treasurer's office. Such ·petiti on mus t show probabl e cause that error was made in the amount of the award , or th e character of the awa rd, or the grounds on whi ch the award was made, and may sp_£cify as a reaso n fo r re-opening th e ca e e.xist ing e,'.]clence not given in the original hea ri ng, show ing the general nat ure and effect of such evidence. OD_ the fi lin g of such a petition and on th e cour t find ing that probable cause is shown thereby, th e co ur t hall stay the award. an d up on reasonable noti ce t o all parti es reopen th e case and set th e same for hearin g de novo. T he sta te treasurer may take such part in th e n ew hea.rin g as he may deem advisable and s hall have every rig ht and privilege of a party to th e cause. He s hall have the right of appeal to th ~ supreme co urt from an y order in such new hearing, eith er g ranting an award or refu sing to grant an award. He shall also have a rig ht of appeal from an order refu sing to r e-open 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 rig ht to appeal to the supreme court from any 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. Upon the perfecting of anv appeal instituter! by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or udgment appealed from without requiring an y bond . The attorney general, or his deputy or assistant, shall act as the attorney of the state treasurer in all cases. All costs of new ·hearings granted upon the _petition of the state treasurer and all costs of appeals con?Ucted by the state treasurer, shall be paid by the tndustrial accident fund, except such c_osts as the court in its discretion shall assess against any of the �32 WORKMEN 'S COMPENSATION ACT o ther parties to the cause. [L. '27, c. 111 , § 7, amending L. '25, c. 124, § 5. \Vhcrc the duty of the att orney general l <? rcp~·c~cnt c~mpcnsa• tion cla imant in s upreme court, as part of lns ofT1c1al duties,_ con. flic ts with his duties to act ..1s att orney fo r s tat e treasurer m all cases, the duty firs t mentioned mu ~t yield to right o f s tate treas• urer to such ser vices. 1\forsh v. AlJoc, 41 W yo. 119, 282 P . 1055. In act ion und er workmen'~ c<?m pcnsation l~w , in which com• pcnsation was awarded, apphca t1 on ~f s ta_tc !r.casurcr to reopen case on ground , among o th,crs,. of pnor d1salnht y, sho uld !to t be cletcrrnincd on ex partc afTHlav1 ts, when based on new cv1<lc11cc, s ince leg is lature contc1~1plat ctl that trc:isu_rc r should be gi ven ad• vantn g-c of regular tnal. f arsh v. AlJoc, 41 \\Tyo. 220, 284 P . 260. This cction aut horizing s tate treasurer to have case reopened nrns t Uc construed in lig ht of s ituati on which was sought to be remed ied hereby . Id . On s tate treasurer's ap plica tion, based on new ev idence. to reopen case, court must reopen case. if the new evidence will have a nrnt crial be.Jri ng. Id. 124-138. Bills to be itemized-Time of filing. All bill s for med ical at tend ance, expenses or disbursements, and for ho pita ! ser ice , sha ll be properl y dated, it emized a nd ver ifie d by the claimant, or the same shall be di allowed by the cour t, a nd every doctor who ball attend an injured wor~ma n shall within ten (10) days after the first of the month s ucceedin g that in which he r ende r ed services to the injured work man fife with th e clerk of the di trict co urt of the prope r county, his itemized a11d verified bill for all ervices rendered by him a nd expense incur red in behalf of th e injured wo rkm a n durin g the prev ious month, and shall send a copy ther eof to the state· treasurer; an d all claim s for medical attendance or medi cal se rvices not so filed w ithi n th e tim e specified sha ll be disall owed by th e co urt. [L. '25, c. 124, § 7. 124-139. Notification by doctor. Every doctor who accepts th e case of a n injured workm an, and every hospital which accep ts th~ case of an injured workma n, shall within ten (10) days after acceptin g such case fil e a written no ti ce thereof with the clerk of the district court, and shall se nd a copy of s11ch notice within said ten (10) days to the state tr eas urer and another copy within sai_fi period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the clerk of the court, or to send copies thereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. [L. '25, c. 124, § 8. 124-140. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except as otherwise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation · 1aws. No award of compensation or allowance of any expense or claim chargeable against �WORKMEN 'S COMPENSATION ACT 33 th e a~count_ of any em ploye r contributing to the industrial acciden t fund shall be made without notice to su~h emp)oye r and_ hearing, unless such employe r shall 111 wntmg- fil ed 111 the court hav ing jurisdiction conse nt thereto. Wh~re the emp_loyer cannot be personally served, _s~1bst1tuted servi ce. as provided for in th e code of c1v 1l procedure, ma y be had. [L. '25, c. 124, § 9; s. L. '33, c. 129 § 5. Att award of cmnpcnsation to an injured cmployc is a final judgment. unlc_ss expressly reserving jurisdict ion to reopen case. Jl[icl west R efining Co. v. George , 41 W yo. 55 , 28 1 P. 1005 . 124-141. Deferred payment account. \Vhenever a n ord er of award sha ll specify that the award is to be paid itt month ly paymen ts, the state treasurer shall charge the amo unt the reo f aga in st the account of th e employer of the inj ured workman and shall tran sfer th e am ount of aid award from the ge neral fund into a deferred pa •ment acco unt, w hich acco unt shall th ere after be alone liab le fo r the payment of th e a ward. Interes t earn ed by the defe rred paymen t account shall be paid in to th general fund , as well as all amounts repaid or r eturned to aid general fund under th e provisio n of this chapter, or by reaso n of mod ification of ord ers of award. v\ henever a modificat ion of an ord er of a\\"ard increases th e amo unt of th e award, the additi onal amoun t s ha ll be charged against th e employer's accoun t and transferred from the genera l fund into the defe rred payment acco-unt, ..i"nd whenever a modificat ion of an ord er of awa rd decreases the amount of the award, t he am ount of such decrease shall be tr a nsfe rred fr om the defer red payment accoun t to th e gene ral fund and credited to th e acco unt of the employe r. [ L. '27, c. 111, § 8. 124-142. Bribery. \ Vhoever co rruptl y gives, or promises to g ive pay, or irnburse, or whoever offers to give, pay or imburse any court offic er or employe, or any persoi1 employed or concerned und er the laws of this state in th e administration of this chapter, either before or afte r his election , appointment or employme nt, any money or valuable thing, or corruptly offers or promises to do .iny act beneficial to an y person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer .o r employe or a person employed under the laws of this state in the !!dministration of this chapter, either before or after his e~e.ction, qualification, appoil)tment or employ11;ent, s<;>ltc1ts or receives any such money or valuable tlung to mfl1;1ence him or to secure his assistance with respect to his official duty in any matter relating to the administration of this chapter, shall be deemed guilty. of felony. and upon conviction thereof be imprisoned t11 the penttentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. I. IiI I l 1• I �TABLES for computing amounts due under the prov1s1ons of the 'Workm en's Compensation Act and Peace Officers' Indem nity F und. Followi ng arc tables of mouth ly compensation for several amounts allo wed by la w, computations for which arc made for twcnty•ci ~ ht, thi rty aud thirty -one day months; Single 5 6 7 8 9 10 II 12 IJ H 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 JI 28 I.79 3.57 5. 36 7.14 8.93 10.7 l 12.50 14.29 16.07 17.~ 6 19.64 2 l.4 J 23 .21 25.00 26.79 28.57 30.36 32.14 J3.9J 35.71 37 .5 0 39.29 41. 07 42.86 44.64 46.43 48.2 1 50.00 30 1.66 3.JJ 5.UO 6.67 S. .3J 10.00 11.67 I J.JJ 15.00 16.67 18.JJ 20.00 21. 67 23.33 25 .00 26.67 28.33 30.0U 3 1. 67 33.33 35 .00 36.67 3S.33 40.00 -ll. 67 -13 .3 3 45.00 -16.66 48.33 50.00 -l.8-l 6. 45 8.06 9.<>ll 11. 29 12.90 14.52 16. IJ 17.74 19.35 20.97 2:?. 58 24. 19 25 .8 1 27.42 29.03 30.65 3~.26 33.87 J5.48 37 . 10 38.71 40.32 -ll.9-l 43.55 45.16 46.77 48.39 50.00 W ido wer and one child $57.50 2S JO Jl 2.05 1. 92 1.85 4.11 J.SJ 3.7 1 6. 16 5.7 5 5. 56 4 8.21 7. 67 7.42 5 10.27 9.58 9.2 7 6 12.32 11.50 11.13 7 14.37 13.42 12.98 8 16.43 15.33 14.84 18.48 9 17. 25 16.69 10 20.5 4 19. 17 18. 55 11 22.59 21.08 20.40 12 24.64 23.00 22.26 13 26.;o 24.92 24 .11 14 28. i S 26.83 25.97 15 JO.SO 28.7 5 2i.82 16 32 .86 J U.67 29.68 17 34. 9 1 32.58 3 I.SJ 18 36.96 34.50 JJ .39 19 39.02 36.4 2 35.24 20 41.07 38.3 3 37. 10 21 43. 12 40.25 38.95 22 45 . 18 42. 17 40.81 23 47.2J 44.08 42.66 24 49.28 46.00 44.52 25 51.34 47.92 46.3 7 26 53.39 -19.83 48.22 27 55 .44 Sl.75 SO.OS 28 57.50 53.66 51.93 29 55.58 53.79 JO 55.64 57.50 31 57.50 $60.00 Ji 1.94 3.Si 5.8l 7.74 9.68 11.62 13.55 15.48 17.42 19.35 21.29 23.22 25.16 27. 10 29.03 30.97 32.90 34.84 36.77 38.71 40.64 42.58 44.51 46.45 48.38 50.32 52.26 54.19 56.13 58.06 60.00 \Vidowcr and two childre n $65.00 28 30 31 1 2.32 2.17 2.10 2 4.64 4.33 4. 19 J 6.96 6.50 6.29 4 9.29 8. 67 8.39 5 11.61 10.83 10.48 6 13.93 13.00 12.58 7 16.25 15.17 14.68 18.57 8 17.33 16.77 9 20.89 19.50 18.87 10 23.2 1 21.67 20.97 11 25.54 23.83 23.06 12 27.86 26.00 25.16 13 30.18 28. 17 27.26 14 32.50 30.33 29.35 15 34.82 32.50 31.4S 16 37. 14 34.67 33.55 17 39.46 36.83 35.64 18 41.79 39.00 37.74 19 44. 11 41.17 39.84 20 46.43 43.33 41.93 21 48.75 45.50 44.03 22 51.07 47.67 46.13 23 53.39 49.83 48.22 24 55.71 52.00 50.32 25 58.04 54. 17 52.42 26 60.36 56.33 54.51 27 62.68 58.50 56.61 28 65.00 60.66 58.71 29 62.83 60.80 JO 6S.00 62.90 31 65.00 $50.00 3I l.o l J.2J i\ [an antl wife l 2 J 4 s 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ' 31 28 2. 1-l 4.29 6.43 8.57 10.7 1 12.86 15.00 17.14 19.29 21.43 23.57 25.71 27.86 30.00 32.14 34.28 36.43 38.5i 40.71 42.86 45.00 47.1-l 49.28 51.43 53.57 5S.71 Si.86 60.00 30 2.00 4.00 6.00 8.00 10.00 12.00 14.00 16.00 18.00 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42.00 44.00 46.00 48.00 50.00 52.00 54.00 S6.00 58.00 60.00 �36 V/OR KME N'S COMPENSATION ACT ]\ f n11 , wire and one chilcl I 2 J 4 5 6 7 8 9 10 JI 12 13 14 J5 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 3I 30 28 2.25 2.-11 4.50 4.82 6.75 i.23 9.00 9.64 I 1. 25 12.05 13.50 14.46 15.7 5 16.87 1 .00 19.29 20.25 21.70 22.50 2-1. I I 24.i5 26.52 27.00 28.93 29 .25 31. 34 31.50 33.75 33.75 36. 16 36.00 38.57 38.2 5 40.98 43.39 • 40.50 42.75 45.80 45.00 48.21 47. 25 50.62 53.04 49.50 51.75 55.45 54.00 57 .86 56.25 60.27 58.50 62.68 60.75 65.09 6i.50 63.00 65.25 67.50 $6i .50 31 2. 18 4.35 6.53 8. 71 10.89 13.06 15.24 17.-12 19.60 21.77 23.95 26. 13 2S.31 30.-1 8 32.66 34.84 37.02 39. 19 41.37 43.55 45 . 73 47 .90 50.08 52.26 54.44 56.6 1 58.79 60.97 63.14 65.32 67.50 )Ian , wife aud two chil dren 1 2 J 4 5 6 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 29 30 31 28 2.6~ 5.36 8.04 10.7 1 13.39 16.07 18. 75 21.43 24.11 26.79 29.46 32.14 34.82 Ji.SO 40.18 42.86 45.53 48.21 50.89 53.57 56.25 58.93 61 .61 64.28 66.96 69.64 72.32 75 .00 30 2.50 5.00 7.50 10.00 12.50 15.00 17.50 20.00 21.50 25.00 2i.50 30.00 32.50 35.00 37.50 40.00 42.50 45 .00 4i.50 50.00 52.50 55.00 Si.SO 60.00 62.50 65.00 67.50 70. 00 72.50 75 .00 $75 .00 31 2.~2 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 . 33. 87 36.29 38.71 41.13 43.55 45.97 48.39 50.81 53.22 55.64 58.06 60.48 62.90 65,32 67.74 70.16 i2.SR iS .00 Widower and three children 2 3 4 5 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.59 5.18 7.77 10.36 12.95 15.54 18. 12 20.7 1 23.30 25 .89 28.48 31.07 33.66 36.2 5 38.84 41.43 44 .02 46.61 49. 19 51.78 54.37 56.96 59. 55 62. 14 64.73 67.32 69.9 1 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 I 9.33 21.75 24. 17 26.58 29.00 31.42 33.83 36.25 38.67 41.08 43.50 45.92 48.33 50.75 53.17 55.58 58.00 60.42 62.83 65.25 67.66 70.08 72.50 $72.50 31 2.34 4.68 7.02 9.35 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.7 6 42.10 44.44 46.77 49.11 51.45 53. 79 56.13 58.47 60.81 63.15 65.4 8 67.82 70.16 72.50 \ Vidowcr and fo ur children 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IG 17 JR 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.86 5.71 8.5 7 11.43 14.29 17. 14 20 .00 22.86 25.71 28.57 31.43 34.29 37.14 40.00 42.86 45.72 48.5 7 51.43 54.29 57.14 60.00 62.86 65 .72 68.57 71.43 74.29 77.14 80.00 30 2.67 5.3 3 8. 00 10.67 13.33 16.00 18.67 21.33 24.00 26. 67 29.33 32.00 34.67 37.33 40.00 42.67 45.33 48.00 50.67 53.33 56.00 58.67 61.33 . 64.00 66.67 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.58 5.16 7.74 10.32 12.90 15.48 18.06 20.64 23.23 25.81 28.39 30.97 33.55 36.13 38.71 41.29 43.87 46.45 49.03 51.61 54.19 56.77 59.35 6).93 64.52 67.1 0 69.68 72,26 74.84 77.42 80.00 �WORKMEN 'S COMPENSATION ACT )Ian , wiic and th ree children I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 28 2.95 5.89 8.84 I 1.79 14. 73 17.68 20.62 23.57 26.52 29. 45 32.4 1 35.36 38.30 41. 25 44.20 47. 14 50. 09 53.04 55.98 58.93 61. 87 64 .82 67.77 70.7 1 73.66 76.61 79 .5 5 82 .50 30 2.75 5.50 8.25 I 1.00 13.75 16.50 19.25 22.00 24. 75 27.50 30.25 33.00 35 .75 38.50 41. 25 44. 00 46.75 49.50 52.25 55.00 57.75 60.50 63.25 66.00 68.75 71.50 74.25 77 .00 79.75 82.50 Jl $82.50 31 2.66 5.32 7.98 10.64 I 3.31 J 5.97 18.63 21. 29 23.9 5 26. 61 29.27 31. 93 3•!.60 37.26 ,,9.92 42.58 -1 5.24 47.90 50. 56 53. 22 55 .89 58.55 61.2 1 63.87 66.53 69.1 9 71.85 74. 51 77. 17 79.84 82.50 Maximum 1 ' 3 4 5 6 7 8 9 10 lJ 12 13 14 15 16 j7 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.5 0 25.7 1 28. 93 32.14 35. 36 38.5 7 41.78 45.00 48.21 51.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90.00 $90.00 JO 3.00 6.00 9.00 12.00 15.00 18.00 2 1.00 24.00 27.00 30.00 33. 00 36.00 39.00 42.00 45.00 -18.00 51.00 54.00 57.00 60,00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.00 31 2.90 5.8 1 8.7 1 11.61 14 .52 17.42 20.32 23.23 26. 13 29.03 31.94 34.84 37.74 40.64 43.5 5 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69.68 72.58 75.48 78.39 81.29 84.19 87.JO 90.00 37 \Vid owcr and five children 1 2 3 4 5 6 7 8 9 10 Jl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3. 13 6.25 9.38 12.50 15 .63 18.75 21.88 25 .00 28.1 3 31. 25 3-1. 38 37.50 40.63 43.75 46. 8 50.00 53.1 3 56.25 59.38 62. 50 65 .63 68.75 71.88 75.00 78. 13 8 1.25 84.38 87.50 30 2.92 5.83 8.75 11. 67 14.58 17.50 20.42 23.33 26. 25 29. 17 32.08 35.00 37.92 40.83 43. 75 46.67 49.58 52.5 0 55 .42 58.33 61. 25 6-1. 17 67.08 70.00 72.92 75. 83 78.75 8 1.66 84.5 8 87.50 $87.50 31 2.82 5.65 8.47 11. 29 14.11 16.94 19.76 22.58 25 .40 28.23 31. 05 33.87 36.69 39.52 42.34 45. 16 47. 98 50.81 53.63 56.45 59.27 62 . 10 64 .92 67.74 70.56 73.39 76. 2 1 79.03 81.85 84.68 87.50 �38 WORKM E N' S COMPENSATION ACT Tab1c showing amount by months :incl days, fi g ured on basis of one child at rat e of $120.00 p er year. Day or days Month or month s 3 4 s 6 7 8 9 10 JI 12 $ 10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 l 10. 00 120.00 2 J 4 5 6 7 s 9 10 11 12 13 H 15 16 17 JS 19 20 21 22 23 24 25 26 27 28 29 30 31 28 d a y month 30 day month 31 day month .3 6 .7 1 1. 07 1. 43 1.79 2. 14 2.50 2.86 3.2 1 J. 57 J.93 4.29 4.64 5.00 5.36 5. 7 I 6.07 6.43 6.78 7. 14 7.50 7.86 S.21 8.5 7 8.93 9.28 9.64 10.00 . 33 .67 1.00 1. 33 1.67 2.00 2. J J 2.67 3.00 J.33 J.67 4.00 4.33 4.67 5.00 5.33 5.67 6. 00 6.33 6.67 7.00 7.33 7.67 8.00 8.3 3 8.67 9.00 9.33 9.6 7 10.00 .32 .65 .98 1.29 1.61 1.94 2.26 2.58 2.90 3.23 3.55 J.87 4. 19 4.52 4.84 5. 16 5.48 5.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8,71 9.03 9.35 9.68 10.00 �Peace Officers' Indemnity l'.und CHAPTE.R 83-ARTICLE 2 R. s. 1931 Section 83-201. . W yo min g peace officers' indem ni ty fu nd . 83-202 . Officers included. 83-203. Limit of indemn ity paid . 83-204. Paym ents to fu nd by counties. 83-205. P ay ments to fund by state. 83-206. R eport of accident. 83-207. Order of Court. 83-208. Power of stat e treasurer. 83-209. App eal by sta te treasurer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund acc umul ated under this Article shall be known as the \ Vyoming Peace Officers' Indem nity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and main tained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of th~ Wyoming Industrial Institute, including the superintendent and his deputies; agents of the State Department of Law Enforcement, and the commisisoner of such department and his deputies, state coal mine inspectors, and deputies, state game and fish commissioner, and his ass istants 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 performance of their duties, the purpose of this - article being to provide for indemnity to such peace offfficers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the c;late on which this section is to ·take effect. [L. '31, 71, § 1. amending L. '23, c. 97, § 2. c. 83-203. Limit of Indemnity Paid. The indemnity ·which any such peace officer or his dependent family shall be entitled to receive under the provisions of this article shall be computed according to the compensation schedule of the Wyoming \Vorkmen's Compensation Law in effect at the time such injuries were received, and the procedure and forms under this article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, �.40 WORKMEN'S COMPENSATION ACT it being intended that the V/y?n:iing Peace Officers' Indemnity Fund shall be ad ll} m1stered by the state treasurer as near as may be in th e same manner as the Wyoming Workmen'.s Compensation Law is administered, a!ld · that or9ers of award and all other court procedure shall be enter~d and conducted as nea r as may be in accordance \"'.1th th e procedure provided by th e Workmen's Compen sation Law, and that any of th e above peace office rs injured in the line of hi s duties shall receive th e same compensation which he wou ld have received had he r eceived the same injury whil e working fo r an employer contributing to th e Indu strial Acciden t Fund, a nd shall receive the ind em nit y in th e same manner. [L. '23, c. 97, § 3. 83-204. Payments to Fund by Counties. Every county of the State of W yoming is hereby required to pay into the state treas ury for the benefit of the Wyoming Peace Officers' Indemnity F und a sum of money equal to one and one-half per cent (I½o/o) of the moneys earned by each of it salaried sheriffs, dep uty sheriffs, und er sheriAs and constables during each calendar month in which they shall be employed. Such pay_rnen t shall be so made o n or before the fifteenth day of the m onth follow ing the month for which such payments arc computed and paid. The state treasurer shall keep a separate accoun_t for each county so contributin g tg sa id fund , a nd shall charge agai nst the accoun t of each coun ty all wa rrants paid from th e \1/yom ing Peace Officers' Indemnity Fund: (a) As awards for injuries to th e 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 inves ti ga tions of injuries of such peac~ officers or in paym ent of investigations into the manner in which such injuries wi; re received; (cl) In payment of witness fees in cases wherein an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making 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. [L. '23, c. 97, § 4. 83-205. Payments to Fund by State. The State of "Wyoming hereby pledges itself to contribute by bi- · ennial appropriatio~s a sum of money equal to one and one-half per cent (l¼o/o) of the moneys earned by each of such peace officers in its employ, and ~grees that its account shall be kept as near as may be m the manner in which the accounts of the counties are required to be kept under the provisions of this article', and that similar charges for amounts paid out �WORK MEN'S CO MP E N S AT ION ACT 41 unt of or on behalf of injuries to its peace ofolin aco all be charged against its account. The Sta te 1i cers s • If t I1a~ tn • th e ev en t f Wyoming further pledges 1tse ? count is ove rdraw n th at it shall contribute a sum its . . of ac money ( mcludmg the sa1'd one a n d one- I1a If per t) equal to thr ee per cent (3o/o) of th e mo neys ~:~ned by each of its peace officer s. [L. '23, c. 97, § 5. 83-206. Report of Accident. R epo rts of acc idents coverin g injuries to its peace officer11 shall be fil ed_by th e co unties ir th e sa m(, ma nner and a t th e sam e t11ne as such repo rts are req uired to be fi led by employers con tribu ting to the Industrial Accide nt F und, a nd each state officer ha ll make similar reQ.o rts to t he courts of all in juries to peace officers employe d in hi department. [L. '23, c. 97, s 6. 83-207. Order of Court. Every o rde r given and made by th e district court or judge awa rding pay men t from the vVyom ing Peace Officer ' Indemnity F un d to an injured peace officer or his dependent family shall be en ter ed of r eco rd by the clerk of the co urt where given and tru e copies th ereof shall be immediately made and ce r tified by said clerk and forwarded to the state audito r and state trea urer r espectively of ·wyom ing, and shall be by each of said officers entered upon a r ecord to be kn own as th e Indemn ity D ocket, and shall be t he authority and direction of th e state auditor to iss ue wa rrants of indemnity a, vard s agai nst the vVyoming Peace Officers' Indemnit y F und, and fo r th e s ta te tr eas urer to pay such indemnity awards from such fu nd. [ L. '23, c. 97, § 8. 83-208. Power of State Treasurer. T he s tate treasurer shall have th e power by ap propriate ac tio n t o require each county of the state to co ntr ibute to said fund as req uired by this article. [L. '23, c. 97, § 9. 83-209. Appeal by State Treasurer. The stat e treasurer shall have the right to app eal to the s upr eme court from any final order or judgment in any district court of the state awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the district court. The attorney gener-!_l shall act as the attorney for the state in every such appeal, and each appeal shall be conducted witho~t expense to the Wyoming Peace Officers' Indemmty Fund. [L. '23, c. 97, § 10. �Coal Mine Catastrophe · Insurance Fund CHAPTER 57-ARTICLE 7 R. s. 193 1 Section 57-701. Definition. 57-702. Payment by coal mining companies. 57-703. Los cs in excess of $25,000 to be paid from fund. 57-704. Separate accounts to be kept. 57-705. Use of fund limited. 57-706. Penalty for failure to pay pr emiuri1. 57-707. Authority to contract with insu rance companies. 57-701. Definition . The word, "catastrophe," as used in thi s Article means a disaster in a. coal mine or min es cau sing the pay men t throu gh the operation of the ¥ lo rkm en's Compen sation Law of this state out of the Indus trial Accident Fund of an agg regate more than tw enty-five thousa nd dollars in compensations to w_o rkm cn kill ed and injured an d their dependents, g rowin g out of any on e accident or occurcncc, or se ries of afcidents or occurren ces ar ising out of. one event. [L. '25, c. 159, § 1. 57-702. Payment by Coal Mining Companies. 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 one-fourth 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 m9nth following the month for which such payments arc computed and paid, the moneys so receivecl 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 article, shall be paid by him out of the Catastrophe Insurance Premium 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 two hundred thousand dollars ($200,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund with the Industrial Accident Fund is below two hundred thousand dollars ($200,000.00); all such payments- shall be credited generaly to the Industrial Accident Fund instead of being credited to any individual employer �44 WORKMEN'S COMPENSATION ACT contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, C. 159, § 2; s. L. '35, C. 73. 57-703. Losses in Excess of $25,000 to be Paid from Fund. In cons ideration fo r such payments made or to be made from the Catas troph e Insurance Premium F und th e Industrial Acciden t F und in th e hands of the state treasurer is hereby made a catastrophe in surer as to catastrop hes to the exte nt th at such catastrophes cause losses above twenty-five thousand dollars to the Industrial Accident Fund. The first twenty-fiv e thousand do llars of such loss shall in every case be cha rged agai ns t the employer in w hose mine or min es the acc id ent may have occurred. The amount over twenty- fiv e thousa nd dollars shall be paid from the lnd.ustrial Accident Fund a nd no t charged against the em ployer in w hose coa l mine or mines the catastroph e oc.s; urr ed, but agains t the balance of the Catastrophe In sura nce P remium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to be Kept. The state tr easu rer shall keep a separate account bet ween the Industrral Accident Fund and th e Catastrophe Insurance P remium Fund, creditin g the Catastrophe Insuran ce P remium F und with all moneys by it paid into the Indu strial Accident Fund and charging the Catastrophe In s ur an c e P remium F und with all amounts paid ou t fo r catastrophes as herein provided . [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into th e Catastrophe Insurance P remium Fund as herein provided shall ever be applied in any way other than by payments to the Indu strial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The in spectors appointed by the treasurer under section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums clue the state from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premiu!TI upon his monthly payroll as is required by this article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state in the district court for the proper county, for the benefit of the Catastrophe Insurance Premium- Fund, against such employer for the collection of such pr!_mium,- and if a judgment for the recovery of such premium due be given in favor of the state for the use and benefit of the Catastrophe Insurance Premium Fund said judgment shall be f~r do~ble the amount of the premium provided by this article, together with costs. [L. '25, c. 159, § 6. �- WORKMEN'S COJ\{PENSATION ACT 45 .701. Authority to Contract With Insuranc_e 51 Companies. The state treasurer, should he;_ deem 1t d isable is her eby a uthorized and empowered to a vke co~tracts o n behalf of the S tate of vVyoming mad tlte Industrial ~cc ident F und with an insurance an mpany or compa111es, . • Ie for payment mto • tq_ prov1c ~~e Indu strial Acc ident F und by th e in s t!rin g company r companies of a s um equal to the ult1111ate net loss ~vhich the Indu strial Accident Fund has or shall sustain by rea ~on of any catastrophe, all f?r th e purpo~c of authori zmg th e state treasurer to rc111 surc the said satastrophe risk with an in urance company or complnies. T he premium fo r any cQntract of reins urance shall be paid by th e tate trea urcr o ut of the Industrial Accident Fund and cha rged again t th e acco unt of the catastrophe Insuran ce Premium Fund. Every contract of r ein urance hall specify that the insurin g company or companies rein urc the Indust rial Accident Fund from lo s by r eason of cata trophes during the term of uch insurance, within the lim its as to amount exp ressed in the contract, and that the insuring company waiv e all r ight to question a ny award for cl1!_ims growing out 9f a catastrophe or claimed to grow out of catastrophe, and that t he insuring company will accep t as final the awards made by the courts under the vVyomin g W o rkme n's Compensation Law, and will abide by uch awa rd , and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of uch insurance under catastrophe awards. Each co ntract shall also provide that the insuring company discla im s all right to appear in or contest any proceeding und er the Workmen 's Compensation Law. - No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by a n ins ura1~e company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of th e employer in whose mine the catastrophe occurred. [L. '25, c. 159, § 7. �Firemen's Pension Fund CHAPTER 23-S . L. 1935 Section Dona1. State T reas urer- Adminis trati on, F und , tions. z. F und-Furth er Maintenance. 3. Definitions. 4_ P cnsion- \!Vho E lig ible, Amount. S. Death in L inc of D uty-Beneficiary. 6. \Vhen Father and 1'.1Iother Beneficia ries. 7. Volunteer Firemen-Benefits. 8. Application- Inv estigation. 9. Other Compen ation . 10. Payments-Exempt from Legal Actio n. State T_reasurer-Administration, Fund, Donations. Sectionl. There is her eby cr eated a fund to be known as the "Firemen's Pension Fund" fo r the purpose of paying the aw_ards, benefi_ts and p~n io ns und er the provisions of this act. T iu sfund 1s to be administered by the state treasurer through the \Vorkmen's Compensation Department of • the State of 'W yoming and said state treasurer shall have full custody and control. of such fund with full power as to the administration thereof; but such fund shall be administered by said state treasurer witl19ut liability 011 the part of the state beyond the amount of such fund . For the purpose of establishing and maintaining said fund ten per cent (10%) of the gross annual tax for the ye ar of 1935, and for each ensuing year thereafter, collected upon the fire insurance premiums paid to fire insurance companies within the State of Wyoming as provided by section 115-117, Wyoming Revised Statutes, 1931, is hereby set aside and appropriated for the use and benefit of said fund. The amount of tax collected, as above set out, shall be credited to said fund by the state treasurer upon payment of the tax to him by the insurance commissioner. There may be added to the fund so established and maintained such cash, gifts, donations and contributions as may be made from time to time by individuals and organization~. Said state treasurer is hereby empowered '.o r~ce1vc any and all such gifts, donations an~ contributions for the benefit of said fund . [L. '35, c. -3, § 1. Fund-Further Maintenance. Section 2. For the further maintenance of this fund every p~id _fireman of e~ch fire department organized and mamtamcd by any incorporated city or town, or �48 \ VORKMEN'S COMPENSATION ACT any county in this state, affected by this act, shall be assessed two per cent (2%) of his salary monthly for the use and benefit of said fund . Such assessment shall be withheld from his salary by the treasurer or other disbursing officer of such city, town or county and said assessment shall be tra nsmitted to the state treas urer on th e first day of eac h month. [L. '35, c. 23, § 2. Definitions. Section 3. Th e following word s and phrases shall be con stru ed for the purpose of this ac t as hereinafter set out : " P a id Firemen." An y individual who is r egul arly employed and paid by a n incorporated city or town for devo ting his entire tim e of emp loymen t to the care, ope ra tion an d r equirements of a regularly consti tu ted fir e depar tm en t. "Volunteer Firem an." An individual w ho fo llows other lin es of regular employment or labor but who is carr ied on ·the rolls of a reg ul arly con stituted fir e departmen t, the members of which are und er th e juri sdicti on of a mayor, city or town coun cil or other governing body and who may be partly paid an d par tly volunteer. Payme nt of compensation for ser vices actually rendered by such enrolled volunteers shall not take th em out of th e above classification. An y individual who volunteers assistance but wh o is not reg ularl y en ro lled as a fireman, is not a volunteer fir eman within th e meaning and contemplation of this act. "Injured, disabled or killed in the lin e of duty." A paid or voluntee r fireman ,is injured or disabled in th e lin e of duty when he meets with bod il y or mental injury while going to, returning - from or in attend ance upon a fir e, conflagrati on, calami ty or disas ter, or who meets with bod ily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fir e depa rtm ent. "Compensation Act." The Act of the Legislature of th e State of \\Tyoming found in Chapter 124, \ Vyoming R evised Statutes, 1931, ai:id any and all amendments which may be made thereto. "Thirty years active service." An individual whose principal mean s of livelihood for thirty years has been employment by an incorporated city or cities, town or towns, in the State of Wyoming as a member of a regularly constituted fire department and who has been carried on the pay rolls for that period of time. [L. '35, c. 23, § 3. Pension-Who Eligible, Amount. Section 4. Any person coming within the following cla?sification and filling the requirements thereof may retire or be retired from active service and receive a monthly pension equal to one-half of his actual monthly wage at the time of retirement, but in no instance shall such pension exceed one hundred dollars ($100.00) per month, and further provided that any ol~ age pension of which he may become the benefi_c1ary hereaft!:!. shall be a deduction against such retirement pension. (a) Any paid fireman who has performed and completed thirty years active service · �r I WORKMEN'S COMPENSATION ACT 49 rly constituted fire departments of any inin reg Ula city or cities tow n or towns m • t h"1s state corpora ted ' d and who is of the age of fif_t y fivffe ~earsf and upwart • (b) Any paid fireman wh o 1s su e:mg rom a men_a 1 hysical disability r end erin g him unfit for active or • • t h e res u 1t o f an acd t P provided such d1•sab1·1·1ty 1s c~{nt, injury or exposure suffered in the lin e of duty. [L. '35, c. 23, § 4. Death in° Line of Duty-Beneficiary. Section 5. Upon th e death of an y paid fireman , where death is the res ult of an accident, injury or exposure suffered in the lin e of dut y, or up on th e death of any paid fir eman r eti red according to th e provisions of sg_cti on 4 of thi s act, the s tate tr ea urer shall pay out of th e Firemen' Pension Fund to hi s surviving wife, prov ided she was his -ivife at th e t ime of his death or retirement, a monthly pe nsion equal to one-half of the pension such r etired fireman w a receiving at th e time of hi s death , or a monthly pen sion equal to one-qua rter the amoun t of his compensation at the tim e of his death. an d uch payments shall continue durin g th e lifetime of such surviving wife or until she r ema rries. In additi on to such pa ymenl, the state trea ~urer shall pay to the surviving wife ou t of the said Firemen's Pens ion Fund, th e sum of ten dollar s ($ 10.00) per month fo r th e support and mai ntena nce of each ch il d of s uch deceased fireman under th e age of eigh teen years and who was supported by such fireman prior to his death, providing, in no case shall the tota l s um exceed the r etirement pay as prov ided in sec tion 4 of this act. In th e event such survi vi ng wife should die or remarry before the child or children of such deceased fir eman sha' l have reach ed th e age of eight een yea rs, th en th e state treasurer shall pay to the lawfull y appointed guardian or guardians of such children from said fund , the amount necessar v for the care and maintenance of such children until such tim e as the same shall reach the age of eighteen yea rs or marry. l'v[onthly payments to such surviving child or children in no event to exceed the total amount paid monthly to the sur- • viving wife prior to her death or remarriage. In the event there be surviving children but no surviving wife of said deceased fireman , then the state treasurer shall pay to the lawfully appointed guardian or guardians of such surviving children, the sum of ten dollars ($10.00) per month for the support and maintenance of such child or children under the age of eighteen years and who was supported by said fireman prior to his death; also, the state treasurer shall pay to such lawfully appointed guardians such additional amount as will be necessary for the proper care and maintenance of each child until such time as the same have reached the age of eighteen years or marry, provided that such additional amount shall not exceed one-half of the pension such retired fireman was receiving, or one-qu-!rter the amount of compensation the deceased ~reman was receiving at the time of l).is death. [L. 35, c. 23, § 5. • �SO WORKMEN'S COMPENSATION ACT When Father and Mbther Beneficiaries. Section 6. Upon the death of any paid fireman acco rding to th e provisions of Section 5, of this act, and who leaves surviving him no wife or children but leaves sur viving him a dependent father or mother or both, then the state treas urer shall pay,. to the moth er if there be no father, or to th e fath~ 1f there be no mother, out of th e F ireme n's Pension, Fund such amount eq ual to one- half of the pension such retired fi rema n was receiving a t th e time of his death , or one-qua rt er the a moun t of compensation such fire man was receiving at the time of his death, but if there b·e both father and mother surviving who were depende"nt upon said deceased fireman fo r supp ort, then th e state treas ur er ha ll pay out of said fund to eac h a n amotmt eq ual to one-qua rte r of th e pension such retired fi rema n wa s receiving at the time of his death, or one-eigh th th e ~mount of compensation such deceased fir eman was receiving at the time of his death, providedthat, in the eve nt either the sur viving mot her or fath er sho uld die after the payme nts have started, the tate treasurer sha ll pay to th e other surviv in g pa rent the fu ll amount as set fort h fo r either fat her or mo ther. [L. '3 5, c. 23, § 6. Volunteer Fireman-Benefits. Section 7. Any vol unteer fi reman wh o is s uffering fr om a mental or phys ical disabilit y ren dering him unfit fo r active service in a regu larl y constituted fire department, and prov iding s uch disabi li ty comes within th e definition of pern1£lnent pa rt ia l disability, permanent full disa bility or temporary total disability, of the Workmen 's Compensa ti on Act, provided, furth er such disabil ity is th e r es ult of an injury, accident or exposure suffer ed in the lin e of duty, the state treasurer shall pay out of th e Firemen's Pension Fund, such sum and in such periodic payments as would be payabl e for such disability of a workman engaged in extra-ha zardous occupation under the ,i\Torkmen's Compensation Act. Upon the death of any volunteer · fi,reman caused by accident or exposure in the line of duty, the state treasurer shall pay to the surviving wife out of the Firemen' s Pension Fund, such sum and in such periodic payments as would be payable for the death of a workn1art engaged in extra-hazardous occupations under the Workmen' s Compensation Act, provided that, in the event such wife shall die or remarry or in the event there be no surviving wife but there are surviving children, then such payments shall be made to the guardian of any dependent child or children of such deceased fireman. Provided further that, upon the death of any volunteer fireman according to the above section, who leaves surviving him no wife or childret1 but does leave surviving him dependent father or mother, or both, then the state tre..!!-surer shall pay to the m·o ther if there be no father, or to the father if there be no mother out of the Firemen's Pension Fund, such sum andJin such periodic payments as would be payable for the death of a workman engaged in extra-hazardous occupations under the ,voikmen's Compensation Act, but if there �WORKMEN'S COMPENSATION A. CT 51 f ti r and mother surviving who were debe both a 1e "d deceased fireman for support, the . •fun d to eac I1 sue I1 pen dent upon sat1all pay out of said state tre~:t~~r0 ~1~-half, and in such r.eriodic payments sum, ei~ b payable for the death 9f a workman enas w~u . eextra-hazardous occupations under the ~V~~km:~'s Compensation Act. [L. '35, c. 23, § 7. Application Investigation. Section 8. \,V henever any fireman , his sur vivin g ·f dependent children or dependent par ents shall • or b enc.fi ts un(Ier ti11•s a~ t , be entitled to any pens10n such fireman, or in the even~ of his death, the chief of the fire departm ent, of w hich he was a 1;1en:ber or some other proper person, shall make appltcat1011 for such benefit s or pension by fili ng a comp lete ?nd concise statement of the fact~ nec_essary to entitl e uch fireman or his surviving wife or childr en or par ents to the benefit s or pen sion under this act. uch a pplication shall be filed with the state tr ea ur er upon forms provided by him . The state treasurer is her eby ~iven the power to in vest igate such application a nd determine whether or. not such app lication shou ld be granted, with the further power to hear eviden ce as to the justice of the application or r equire and r eceive affidavits as to the truth of the statements made in such· applicatio n. In the event such application is refused, such matter may be taken before the district court for the county wherein such applicant r esides by petition, and notice shall be given said state treasurer by the court of the elate set for hearing. T he decision of the district court shall be binding upon said state treasurer and applicant unless appealed from according to the procedure provided under the Workmen's Compen sation Laws of Wyoming. [L. '35, c. 23, § 8. • WI e, Other Compensation. ~ection 9. Application for pension may be made pno: to actual retirement upon statement of the intention to. retire, but payment shall not begin until su~h applicant has actually retired and his name is ~tncken from the pay rolls of the city or town. No rem~n or any of his survivors shall be entitled to ~?h~ the b_enefits of this act so long as said fireman C ts sury1vors are receiving payments under the m~mpensation Act, but upon the expiration of payto ~s ~nder the Co~pensation Act his or their rights who :hattnefits o_f this act shall attach.• Any fireman for f ~e entitled to the benefits of insurance paid videJo!11 t e ?'eneral fund of any city or town as pro1931 ~~al~ectt~\ 22 - 15 Wyoming Revised Statutes, this 'act unt~i° s ~ ~'?-titled to an~ of the benefits of shall h uc ime as such msurance payments ave ceased. [L. '35, c. 23, § 9 _ ?, PaYlllents-Exempt from Legal Action. Section 10 p rnade to the· b/Yre.nt~ made under this act shall be Qf each month ned c1tnes on or before the fifth day an s all be made by voucher drawn �52 WORKMEN'S COMPENSATION ACT against the Firemen's Pension J:'und and shall be paid by the state treasurer out of said fund. No payments made under this a~t shall b~ subject to judgg1ent, attachment, execution, garmshment or other legal process and shall not b~ assignable, nor shalf the state treasurer have the auth9rity to recognize any assignment nor pay over any sum assigned. [L. '35, c. 23 §IQ ' � 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 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. March 1st 1935 Subject The topic of the resource Workman's Compensation Act, 1935 Description An account of the resource A booklet documenting one of the Workman's Compensation from March 1st 1935. It is stored in a orange folder with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0237 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.