https://haylibrary.cvlcollections.org/files/original/5d1fbb606675ff56eacb3e2e83611fc3.pdf 7f0edf5ae91d5d7c510ff38672780f41 PDF Text Text STATE OF WYOMING WOJRli(MlEl\P§ COWiIJPEN§A'fKON ACT And Acts Relating Thereto With All Amendments To Date MAY 1, 1933 Compiled by H. R. WESTON, STATE TREASURER CHEYENNE, WYOMING I· I �--, WORKMEN'S COMPJENSATION ACT CHAPTER 124 R. s. 1931 Section. 124-101. Name of law. 124-102. General provisions. 124-103. Provi sions exclusive, compulsory and obligatory. 124-104. Extra-hazardous occupations defined. 124-105. Exceptions. 124-106-7. Definitions. 124-108. Guar dian may act for persons under disability. 124-109. If other than employer is liable. 12f-110. This chapter governs as to liability of employer. 124-111. Blank forms supplied by state treas urer, 124-112. Repor ts of accident. 124-113. Investigation by the district judge-Procedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded-Copies to auditor and treasurer. • 124-116. Industrial accident fund-Appropriation. 124-117. Employers' assessments. 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 excution or attachment. 124-125. Minor workman. 124-126. Extra-hazardous public work-Contract wor1c. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physicians required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by .state· treasurer. I Id I' 'I 'I ; i i I �2 WORKMEN'S COMPENSATION ACT 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. 11<124-136. Closing of accounts. 124-137. Actions again st employer independent of • cha pter. 124-138. Re-opening of cases. 124-139. Dill s to be itemized- Ti me of filing. 124-140. Notifi cation by doctor. 124-141. Awa rds. 124-142. Deferred payment acco unt. 124-143. Bribery. 124-133. 124-101. a mc of law. This chapter shall Le known a the " workmen's compensation law." (L. '15, c. 124, ~ 1 ; C. S. '20, §4315. Workmnn 's compcn~n t ion net would be vali<l ns to the rc- m.ninde t· e ven if the provh;ion fo r non-pay ment for the first ten dnys wn s in\·nli<l, beinJ?" se,·crnble. Zancanclli v. Central Coal & oke Co .. 25 Wyo. 51 l. l i3 P . 9 I. Workm n's rompentmtion :tct is valid, an d not contrary to nny 1>rovh~ion of the state or f ederal cons titutions. Id. ,vor km cn"s compensntion net docs not ,·iolntc am<?ndment to co nst. a rt. l 0 , ~ 4, provid ing compensntion "to each person inju red ," in that no compensation is a llowed for first 10 days of di sabili ty. l d. W ork men 's compensat ion ne t , § 12•1-11 3. does not deny the right of an c mploye to be represented by counsel, in view of § 12~- 12 . relatin g lo fee, o f a ttorn eys. Id. \Vorkmcn's COrt\pe nsn ti on net is not. un constitutional in that the tH·ovis ion t hat childre n ove r the a ge of 16 shnll not be cons ide red <lc11~ndents unl ess incapacitnted. Id. ,vorkmcn·s compensation net is not unconstitutionnl in that non1·esi<lcmt ah cu family of deceased cmploye shnll receive only 3:l a,cr cent of amount allowed to reaidents of state. Id. This chapter held. not based on unreasonable c1a5sification, citing const . art . 1 § 34. Ideal Bakery v. Schryver, 43 Wyo.-, 209, P. 284. Under § 124-124, providing th:,t no money pnyable under this chapte1·, shall, prior to issuance and delivery of warrant therefor. "pasd to any other ,person by operation of Jnw," the rights of nn injured employe to compensation prc:r vide<I for in §§ 124-102, 124-103, 124-113, did not pass to his administrato!" as an asset of his estate on his dcnth :ifter nwar<I hnd been made. but before the issuance or dclive.-y of the wnn·nnt ..i:,rovided for in § 124-115 . since in its or<linnry nnd usunl ~cnse within § 11 2-101, the ph1·nse .. by operntion of law," when u sed to desrribe a method by which title to property is t1·ansferred, includes a transfer by intestacy. La Chnppelle v. Union Pacific Coal Co., 29 Wyo, 440, 214 P. 58i. This chapter cit,,d in State v. Carter, 30 Wyo. 22, 43, 215 P. 477, 4M,J. Findings on evidence in compensntion contest conclusive. Standard Oil Co. of Indiana v. Sullivan. 33 Wyo. 223, 237 P. 253. Award not conjectural, tho~h different finding justi!icd. Id. Under this chapter there is a prima !ncie right to rom.. ;pensation when disability or death is result of nn injury sus--• tained in c."trn-hnzar<lous employment and tho right thereto ■ bould not be denied unless the injury wru, due solely to the negligence of the workman whose injury or denth is the basis of the clnim, and the burden of proving auch affirmntive defense is on the employer, in view of § 124-112. Hotelling v. Fargo-West.em Oil Co., 33 Wyo. 240, 238 P. 642. ---•This section omitted In R. S. 19S1. �WORKMEN'S COMPENSATION ACT 3 T otul disnbil ity . should not be d cc la rc<l perm ane n t , un less cer ta in . Ca r ter 011 Co. v. Gil,son, 34, W yo. 53. 24 1 P . 219. pe~~~~;: ~. hi J ~• lo j ustify fi nding th at t ota l di sability was Legis_latu rc mny impose duty on court reporter of mukin[: • ~~n~-~~~~t; 4~~ ~~~ ~;~s{t~~n cases f ree of cost. l n re Winbo1·nc, This chnp te r ci t ed in const ruin g §§ 124-104 nnd 124-1 07. re Knros, a4 Wyo. 357, 2•13 P. 693. Jn Rul o thnt in cnsc of con fli cting cvh.Jcncc appell ate court ,•d :I not _rcvc 1'~C judgment s upported by substunlial cvitlence, he!<l, s pphcablc to cn.scu u nde r t his chr~JJte,·. McMnhon v. Midwest Refi n in g Co. , 36 Wyo. U0 , 252 P. 1027. T hie ~h3ptcr cited in construi ng certai n sections hereo f. In re H ibler, 37 Wyo. 332, 2Gl P . 64 8. Th is ch n11te r citc<l in Rci nts ma v. Standa rd Oil Co., 37 Wyo. 471, 263 P . 61~. annotated u nder § 124-114. Cited in const ruing § 124-112. I n re Martini, 38 W yo. 172, 2G5 P. 707. 124-102. Genem l prov1s1ons. Compensation herein provided fo r sha ll be payable to persons injured in extra-hazar dous employments, as herein define d, or the dependent families of such, as die, as t he r esult of such injuri es, except in case of injuries due solely to the culpable negligence of the injured employes . Said compensation shall be payable fro m fund s :in the state treasury to be accumulated and ma intained in the ma nner herein provided. The right of each employe to compensation fr om such fu nds shall be in lieu of and shall take the place of an y and a ll rights of action against any employer contributing, as required by law, to such fund in fa vor of any s uch p erson or persons by reason of any s uch in jury or death. Sections 23-129, 89-403 a nd 89-404, and all laws or parts of laws relating t o damages fo r injuries or death from injuries or in anywise in conflict with this chapter a re hereby repealed, as to the employments, employer s and employes coming within the terms of this chapter. [L. '15, c. 124, § 2; C. S. '20, § 4316. Quotc<l in Znncanelli v. Central Coal & Coke Co., 25 Wy0. 511, 173 P. 981 ; and in Ideal Bakery v. Schryve r, etc ., 43 Wyo.- , 299 P . 284. Cited in Lv. Chappelle v. Union Pacific Con! Co., 29 Wyo. 449, 214 P. 587, nnnotatod under § 124-101. The wo rd " solely, " ns used in Cons t . nrt. 10, § 4, nnd th/a Ecction, enncted pursuant to authority t here gi ven . is a word of exclusion , nnd may be used to mean .. only" or "exclusively ... nnd as used must be given n reasonable meani ng , in v:ew of the known policy of th is cha pter. Hotelling v. Fnr goWestern Oil Co .. 33 Wyo. 240, 238 P. 542, P10of h eld, insufficient to sustain affirmative defense that wo1·kmn.n's death wns due solely to his own negligence: !ct.. low workman's negligence immntednl. Id. City cmploye, injured wh ile impounding nnimnls , wh ich occupntion wns not w ithin compensation law, could not recover compen sation, though . al so employed ns truck dri ver, which was within luw. Leslie v. City of Casper, 42 Wyo. 44, 288 P. 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an employe on account of an injury shall be exclusive of all other rights and remedies of such employe, his personal or legal representatives or dependent family at common low 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 �4 WORKMEN'S COMPENSATION ACT . . •es sustained or death resulting from such in~n~~~ shall be exclusive, compulsory and obliga~~ry upon both employers and employes coming within the provisions hereof. [L. '15, c. 124, § 3; .c. s. '20, § 4317. Quoted in Znncnnclli v. Central Conl & Coke Co., 25 Wyo. 511, 173 P. 981. Cited in Ln Chn,ppelle v. Union P acific Coal Co., 29 Wyo, 449, 214 P , 687, nnnotnted under § 124-101. 124-104. Extra-Hazardous .occupatiO'ns defined. The extra-hazardous occupations to which this chapter is applicable are as follows: Factories, garages, mills, printing plants and workshops where machinery is used; foun dries, blast furnaces, mines, oil wells, oil r efineries, gasoline filling stations and bulk oi l stations, gas works, natural gas plants, water works, r eduction works, breweries, elevators, .d redges, excavations, t ransfer companies, general teaming, gener al trucking, ditch rider of irrigation districts, smelter s, p owder wo rks, laundries operated by power, restauran t and bakery kitchens where power machiner y is used, quarries, engineering works, logging, lumber ya rds, lumbering and saw mill oper ations, dude ranching, street and interurba n rai lroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished, painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, ·oridge building, the occupations of city or town firemen and city or town policemen, and all employments wherein a process requiring the use of ·any dangerous explosives or inflammable materials is carried on, which is conducted for the purpose of business trade or gain, each of which employment is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein required risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and to all rights which have accrued by reason of any such injury, prior to the taking effect of this chapter, shall be saved the remedies now existing therefor. [L. '31, c. 94, § 1; amending L. '29, c. 46, § 1; L. '23, c. 60, § 1; L. '21, § 138, § 1; C. S. '20, § 4318. Questions of negligence for injury received in extra-hnzanlous occupations stated. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 642. Plasterer, contrncting to move house nnd hiring helper, held, employer engaged In moving buildings. In re Karos, 34 Wyo. 357, 243 P. 593. .a~. an~~~Ji" u~~ie§ ~ 2 of Casper, 42 Wyo. (4. 288 P. 15, Quoted in Ideal Bakery v. Schryver, etc., 43 Wyo.- - , 299 P. 284. I. �WORKMEN'S COMPENSATION ACT 5 124-105. Exceptions. This chapter shall not be const rued to a pply to business or employments, which, according t o 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 in domestic ::,ervice, r anch, f arm, agricultural, or horticultural labor, or stock r aising, or any person holding a n appointment as sheriff, or deputy sheriff, or constable or deputy const able. [L. '23, c. 60, § 2, a mendi ng C. S. '20, § 4319. 124-106-7, Definition s. In t hi s chapter unless the context otherwise requires: (a) "Factories" mean any premises wher ein powe r is used in manufacturing, making, alte ring, adapt ing, ornamenting, fini shing, repair ing, or r enovating, any article fo r the purpose of trade or gain, or the business carried on therein, including expr essly any brick yard, meat packing house, foundr y, smelter, ore reduction works, lime-burning plant, stucco plant, steam heating plant, electric lighting or power plant, including all works in or directl y connected with the con truction, installation, operation, alteration, removal or r epair of wire , cables, switchboar ds or appa ratus used fo r the tra nsmission of electric current, and water power plant, including tower and standpipes, power plant, blast fu rnaces, paper mill, printi ng plant, fl our mill, glass facto r y, cement plant, artificial gas plant, machine or r epair shop, oil plant, oil refinery plant and chemical manufacturing plant ; (b) "Work shop" means 1 any yard, plant, premises, room or place where power driven machinery is employed and ma nual labo,r is exercisect by wa y of trade or gain, or otherwise incidental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control; (c) "Mill" means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for· sale or otherwise together with the yards and premises which are a part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry; (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil, coal, or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven,· and includes all the appurtenant struc• tures or machinery at or about the openings of the �6 WORKMEN'S COMPENSATION ACT mine and any adjoining adjacent work place where the :naterial fror.i a mine is prepared for use or .shipment; (e ) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is du g or oth erwise r emoved from the earth for the purpose of trade or bargain or of the employer's trade or bu iness ; (f ) "Building wo rk" means any work in the erection, construc tion, exten ion, decor a tion, alteration, r epai r or demoliti on of any building or structural appurte;i ances; (g) "Engineering work" means any work in the constructio n, altera tion, extension, r epair, or demoliti on of a railwa y (as hereinbefore defined) bridge, jet ty, clike, dam, reser vior, underground conduit, sewe:r, oil or gas well, oil tank, gas tank, water t ank or tower, or any cai s on work in artifi ciall y compressed air, any work in dredging, work .on log or lumber raf ts or booms ; pile driving, moving buildings, moving safes, or in laying, repairing or removing under gro und pipes and connections; the er ection, in stalling, r epairing, or r emoving of boilers, furna ces, engines and power machi nery (including belting and other connections ) ; and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other hi gh expl osive is in use ( excluding mining and quarrying); ( g-1) "Dude r anching" fo r t he purpose of this chapter is defined and means a ranch conducted primarily for the accommodation and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (i) "Workman" means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business, or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employe" and the term "employe" shall incude "workman" and each shall include the singular and plural of both sexes. Any reference to a workman who has been injured shall where the workman is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal representative, or where the workman is a minor or incompetent, to his guardian or next friend. · . (j) "Dependent families" as used in this chapter means such members of the workman's family as were wholly or in part actually dependent upon �WORKMEN' S COMPENSATION ACT 7 the workman for suppo1t at the time of the injury; if it be shown that the spouse wilfully deserted the workman without fault on the part of the workman, such spouse will not be regarded as a dependent in any degree. No spouse shall be entitled to the benefits of this chapter or influence any award made hereunder unless he or she shall have been married to the workman by a marriage duly solemnized by a lega l ceremony, at the time of the injury. (k) " Child or children" means the immediate offspring or legally adopted child or children of the injured workma n, boy under ixteen years of age and girl s under eighteen years of age (and over said a ge, if physically or menta lly incapacitated from earni ng ) a nd shall also include legitimate children of the injured workman born after his death or inj ury. In other cases, questions of family dependency in whole ol' in part shall be determined in accord ance with the f act, a s the case may be, at the time of t he injury; th e fo regoing definition of "dependent fami lies" shall not include any of the persons na med, who a re aliens 1·esidi ng beyond the jurisdiction of the United States of America, except a surviving widow, or boys under sbcteen (16) years of a ge ·or girls un der eight e n (18} years of age, or pa rent or p arents, and as t o such non-resident aliens the ra te of ,compensation shall not exceed thi rty-three and one-th ird per cent (33 1/ 3 % ) of t he ra tes of compensation herein provided. (1) The words "injuries sustained ln extrahazardous employment," a s used in this chapter shall include death resulting from injury, and injuries to employes, as a result of their employment and while at work in or ahout the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in place$ where their employer's business requires ·their presence and subjects them to extra-hazardous duties incident to the business, but shall not in,clude injuries of the employe occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of jVhich injury is not the employer's negligence; (m) The words "injury and personal injury" shall not include injury caused by the wilful act of a third person directed against an employe for reasons personal to such employe, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment; (n) '"Invalid" means one who is physically or mentally incapacitated from earning wages. [L. '16, c. 124, §6; C. S. '20, §4321, as amended; S. L. '33, c. 129, §1. Whether employe•s work is C11SUal or for purpose of employer's trade or business, within this section,_ defining work• I· �7 8 WORKMEN'S COMPENSATION ACT depends on fncls of individual case. In re Knros, 34 . . House mover•s cmploye, dr1v1ng tractor, held, workman within comvcnsntion lnw, though Cn\Ployment wus casunl. Id. ' Subdivision (1) held , to include injuries suffered through the performance of all duties of the emplorment. whether mnin or incidentnl thereto but culled for by 1t. Ideal Ilnkery v Schryver, etc., 43 \Vyo.- , 299 P. 2 •I. • W~~'. 357, 243 P. 693. Cited In ro Martini, 38 Wyo. 172, 265 P. 707, annotnted under § 124-112. 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 ~~ I:;• ;; s~~l~ t~~ati!~:tf::~~e<!ni~o:~ ~1:~ia~~~. has no guardian. § 4322. [L. '15, c. 124 § 7; C. S. '20, 124-109. If other than em ployer is liable. Where .an employe coming under the provisions of this chapter r eceives an injury und°er circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in su.ch case such employe shall be left to his remedy at law against such other person, and compensation shall not be paya ble 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 or in part, from any liability created by this chapter except as herein provided. [ L. '15, c. 124, § 9; C. S. '20, § 4324. Whether stipulation for reopening case on certain conditions after final judgment allowing com.vensation to injured employe is void, under this section. is immaterial in determining whether court bnd jurisdiction to reopen judgment, whi~h adopted the confirmed statements in stipulation nt least m part, Midwest Refining Co. v. George, 41 Wyo. 55, 281 P. 1005. 124-111. Blank forms supplied by state treasurer. It shall be the duty of the state treasurer to prepare, .cause to be printed and supplied free for use in the administration of this chapter such blank forms· as may be needed in the administration thereof, and the forms provided by the state treasurer shall be used as near as may be in all procedure under this chapter; and it shall be the duty of the state treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The state treasurer shall also pr!?pare and ·cause ~-o be printed, for the information of employes and workmen, such �WORKMEN'S COMPENSATION ACT 9 helpful instructions as will assist injured workmen in correctly making .claims fo r compensation. [L. '23, c. 60, § 5 a mending L. '21, c. 138, § 4; C. S. '20, § 4325. 124-112. Reports of accident. Whenever an acci dent occurs, causing injury to any wo rkman engaged in any of the extra-hazardous employm ents defin ed by t hi s chapter, it shall be the duty of the employer and the injured employe, or som eone on hi s behalf, or in behalf of the injured employe's dependents, if he be killed or dies from the injury, within 20 days thereafter to make a repo r t of such accident and the appa1·ent injury resulting therefrom and to file said report in the office of the clerk of the district court of the county wherein such accident occurred which report shall state : (1) The name of the injured workman and the time, cause and nature of the accident and injm-y; also whether the injury has di sabled the worlm1an from continuing the performance of hi s duties; (2) Whether the accident occurred while the workman was engaged in the duties of his employment, and grew out of the employment; (3) The nature of the employment and the <luties and how long the workman has been engag ed in the service of such employer; ( 4) Whether the accident was or was not due solely to the culpable negligence of the injured employe and if so, a statement of the facts; ( 5) Whether the injured workman is married or single; whether he has a <l'ependent family, and if so, the names of the persons .comprising such dependent family and their place of residence; (6) Whether the injured workman intends to claim compensation under this chapter. Said employer's report of accident may be made upon a printed form prepared by the state treasurer for such purposes, and shall be verified as ple.a dings in civil actions. Wilful failure or neglect, on the part of any employer whose business or occupation is one enumerated and defined herein as being extra-haza1·dous, to report ac.cid'e nts causing injury to any of his employes, shall be a misdemeanor and upon conviction such employer shall be punished by a fine of n<:,t exceeding five hundred dollars ($500.00). The injured employe's report of accident may be made upon a printed form prepared by the state treasurer for that purpose. No order or award for compensation shall be made unless, in addition to the reports of accident, an application or claim for award is filed by the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their �10 WORKMEN'S COMPENSATION ACT behalf with the clerk of the district court in the count; wherein such accident accurred, within five months after the day on which the injury occurred• provided, however, if the employe's report of ac: cident, is filed within the prescribed peiiod for filing an employe's report of accident, the period of limitation for 't he filing of such claim shall be nine months. l~either the report of accidents nor anything therein contained shall constitute a claim for compensation. The employe's cla im for compensation may be amended at any time before an original order of award has be n made in order that the workm a n may correctly set out the nature of his injury. [C. S. '20, § 4326, as amended by L. '27, C. 111, § l; L. '29, C. Gl, § 1. Cited in H otelling v. Fargo-W estern Oil Co., 33 Wyo. 24~, 238 P. 542 , :rnn.:itated u nder § 124- 101. Rcl)Or t f_ile<l by e mployer, concerning acc ident and injury suffe red the reby, is ordi nari ly admissible in evidence. Ideal Bakery ,·. Scluyver, etc . •JJ Wyo. - - . 299 P. 284. ( Limitation of time f or avn li caLion for compensnt:on by in• jurcd c mploye, held, nppliculHo to iniurie,; r ·ultin,g in death, In re Marti ni. 38 W yo. 172, 266 P. 707. L imi tation fo r filing claim by injured employc, held, npplicnl>lc to c laim by surviv ing 1>~ rents. l c.l. Th nt cmployc's su n ·i vi ng pnrcnls w re in lta ly , held , no e.x.. cuse for not filin g cl aim for compcnsn tion in time. Id . Lack o f knc,w ledgc as to limitation f or filing- c laim for com-pensution, hclJ, no e:\cuse fol' C:lilure to f ile claim within pre,. scribed time. ld . 124-113. Inves ti gation by the district judge--, Procedure in disputed cases. ·whenever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury occurred, in accordance with the preceding section,. it shall be the duty of said clerk to at •once notify the judge of said court, that such injury report has been filed in his office. It shall thereupon be the duty of said judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner as he may deem necessary to ascertain whether the claim for ~ompensation or the amount therof, is dis.puted by the employer, and if there be no dispute, as to the right of the injured workman to receive compensation, or as to the amount thereof, and .the claim appear to be free from collusion, said judge shall thereupon make an order directing payment for such compensation from the state industrial accident fund in accordance with the facts by him ascertained and the terms of this chapter. If the judge finds it necessary to refer the matter to a referee for investigation, he shall make an order in the case to that end, and upon the approval of the referee's report by the court a fee may be ·allowed to the referee not to exceed in any one case such sum as the judge may fix to be taxed .and paid as costs. Where a reference is made, and, the evidence has been taken, and _reported to the court, u?on the consent of the pa~1es, the court may consider the same and render Judgment in vacation in �WORKMEN'S COMPENSATION ACT 11 any county of the state, allowing the parties to make oral argument , or file written briefs, subject to such rules of the court a s in other civil cases. If there be a di pute, as to the righ t of said injured employe or hi s dependent family tu receive .compensation, or as to the a mount there.of, then it shall be the duty of said judge to set the case down for a hearing at the earli est po sible date and to direct notice of such hearing to be issued by the clerk of sa id court for service upon the employer and the emp loye at least seven (7) days before the date fixed for said hearing, which a id notice shall be served by the sheriff of said county without expense to either party, except that hi s actual traveling expenses shall be allowed and taxed, a s .costs. The hearing hall be conducted upo n the statement and r eport fi led by t he employer, and such forma l claims as may be presented and fil ed with the clerk of the district court by or on behalf of the injured workman. If the employer, in his report of the injury, alleges that the injury was due solely to the culpable negligence of the injured emp loye, or that the claim for compensation i s one n ot coming within t he provisions of this chapter, then a jury may be demanded by either party and the cause shall be tried , as a court proceeding. If a jury i s demanded, it may be selected from names dr,a wn from the five mile limit jury box, as in civil cases, at any time m term time or vacation unless a regular jury panel be in attendance at the cou rt on the date a ny such hearing may occur. The taking of evidence hall be a summary, giving a full opportunity to all parties to develop the facts fully. , The official ,c ourt r eporter of the district court shall attend the hearing and make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduet the examination of witnesses on behalf of the injured workman, and it shall be the duty of said attorney to appear and perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees, for attendance and mileage, as is fixed by law in civil actions, and jury costs shall be taxed to and paid from the a.ccident fund, if the verdict and judgment be in favor of the employer; but if against the employer then he shall pay the costs. The injured workman, or his dependents, may have two witnesses, as of course at the expense of the fund; said injured workman, or his dependents, shall also be entitled to two more witnesses, in addition to the above, to be allowed by the court or the judge the1·eof, on making and filing with the clerk of the court an affidavit setting forth the necessity therefor. And the injured workman, or ~s �12 WORKMEN'S COMPENSATION ACT dependents, shall be entitled to more witnesses, at the e,xpense of the fund, to be allowed by the court or the judge thereof, when there is filed with the clerk of the court, addressed to the court, an affidavit stating what other witnesses are required, together with the facts expected to be proved by them, and should, the court deem the expected evidence material, then the court shall make an order authorizing the issuing of such subpoenas for witnesses as the court may deem necessary. This provision shall apply as well in the taking of depositions as in tria l to the court. At the conclusion of the heari ng, the court shall enter an order pursuant to the erdict of the jury, if a jury be called, and ii n o ju ry be called, t he court or judge shall render a decision upon the facts a nd law of the case pursuant to the provi ions of this .c hapter, and make an order a llowing or disallowing compensation, as the law and the evi dence may warrant. In any proceeding befor a court or judge, as aforesaid, the court or judge shall have authority to appoint a duly qualified impartial physician to examine the injured employe and give testimony. The fee for such service shall be five dollars ($5.00), unless otherwise ordered oy the court, with mileage allowance, a is allowed to other witnesses, which shall be taxed as costs, and paid as other witness fees are pai d. The employer or employe may, at his own expense, also appoint a qualified physician, who may attend a nd be present at any such examination of an injured employe and give testimony at such hearing or investigation. [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2. This section docs not deny the right of an cmploye to be represented by coun sel. in view of § 12'1•1 28, relating to !ees of attorneys. Znncanelli v. Central Co1LI & Coke Co., 25 Wyo. 511, 173 P. 981. Court in compensation proceeding held. authorized to secure expert testimony on effect of injury, though bcnring on ultimate !net. Sakamoto v. Kemmerei· Coul Co., 36 Wyo. 325, 255 P. 35G. Refusal to take compensation case from jury ntter em• ployer admitted there was no evidence of workman's cupable negligence, held, not error. In re Hibler, 37 Wyo. 332, 261 P. G4S. HenNUY testimony of deceased employe's wife, concerning employe's stntC!mcnts relnting to injury, admissible where no object.on wu.s mnde at tri:ll. Ideal Bakery v, Schryver, 43 Wyo. - - , 299 P . 284. Citro in La. Chuppelle v. Union Pacific Con! Co., 29 Wyo. 449, 214 P. 587. annotated under § 124-101. Citro in Midwest Refining Co. v George, 41 Wyo. 55, 281 P. 1005, nnnotnted under § 124-140. Midwest Refining Co. v. George, 44 Wyo. 25. 124-11 &. Appeal to supreme 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 'reviewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil pro,c edure; provided, however, that the petition in error, bill of exceptions and record {)n appeal must be filed in the supreme court within seventy (70) days from the date of r �WORKMEN'S COMPENSATION ACT 13 decision or order on motion for 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 plantiff in error thereafter for filing brief, and fifteen (1 5) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be a dvanced on the calendar and disposed of a s promptly a s possible. In case an appeal to the supreme court is prosecuted on behalf of the in. jured workman, t he county and prosecuting attorney, or other atto rney rep resenting said workman, shall order a t ranscript of the record of the hearing and proceeding to be prepared by the official court reporter of t he district wherein said injury occurred and duly certified witho ut cost to said injured .workman, and said county and prosecuting attorney or ·other attorney shall orde r the papers on file in the office of t he clerk of the district court to be by said clerk prepared, t ran scripted, certified and forwarded to t he clerk of the supreme court, without C{)St t o the injured wo rkm an, and the proceedin gs in the supreme court , shall be conducted on behalf of the injured workman by the attorney general of the state a s pa rt of his official dutie~, and by any other a tt{) rney representing said workman. In .ca se an appeal be prosecuted on behalf of the employer, the r ecord of the proceedings at the original hea ring shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. The court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment {)f said award or that portion thereof appealed from upon such terms as may to the court seem just and proper. [L. '31, c. 73, § 59, amending L. '25, c. 124, § 2; C. S. '20, § 4328. Law permitting retention of fees by reporter for trnnscripta held. not to repeal lnw requiring transcripts in com:vensntion cases to be furni shed without cost to parties. In re Winborne, 34 Wyo. 349, 244 P. 135. Cost of transcript, in appeal under this chapter, not contingent e.xpense vnyable out of industrial accident fund, nor from interest earned by rnid fund. Judgment on substantial evidence in compensation case i5 conclusive. McMahon v. Midwest Refining Co., 36 ·w yo, 90, 252 P. 1027. Where petition in error nnd record in compensation cnso were not filed within time limited, the supreme court wns without jurisdiction. Reitsma v. Standard Oil Co., 37 Wyo, 471, 263 P. 619. Motion for new trial, under this section, must be filed within 10 days from finnl order, and, where not so filed, error proceedings must be dismissed where motion for 11 new trial was necessnry. Standard Oil Co. v. Buchanan, 39 Wyo. 372, 271 P. 876. Procedure on 11,J)penl in ordinary civil cases applies to cases under compensation net, except as otherwise provided. Id. Assignment of error in motion for new trial not urged in brief is waived. Ideal Bakery v, Schryver, 43 Wyo. - - , 299 P. 284. Unless an appeal from an order, in proceedings under this chapter is perfected by filing record in supreme court within so day; thereafter as required by this section, or ns extended �14 WORKMEN 'S COMPENSATION ACT by order of court or jud,:!e, the su preme,. <;:ourt !ms no ju ris. diction of the cu.sc on np))e~t.l. In re h.nvokap1ch, 41 Wyo. 9, 281 P. 195 . . Failu~e of par~ics nppcalin~ ~rom award of ~Ort\J)cnsntion proceedings to fil e r eco rd wi thin statulory period required dismissal. Id . Case dismissed for failure to perfect appeal in time. Marsh v. Aljoc, 43 Wy o. - -. P roceed ings held, rcvicwab lc by direct appeal excc11t where altered, in view of this section. Mars h v. Alfo<?, 41 Wyo. 119, 282 P . 1055. District cour t lwl<l, nuthorized to m ak., second extension ordN· for perfe ctin g appea l to suprem e court. Id. Ri g h t of compensat ion clai mant to attorney gene ral's services must yi<?ld to state trcusu rer·• right t hc relo, when he .petitions t o rropen case. I d. . Supreme court hns no j urisdi ction o! np pc-nl in compensnlion p rocecdi11g-s tnkcn afte r exp iration o f s tat utory per:od, therefore wi th out order extending time. In re Cont ns, 4l Wyo. 59, 289 P. 368. Geneal terms o! co mpensation law, fi x ing time for (iling r ecord o n appeal, were n1>plicablc to fili ng record in compensation cases u nder subsequently created appellate Jnoccdure. In re Contas, 42 W yo. 04 , 291 P. 314. To entitle record on nppen l to be fi led within s tatutory p eriod, docke t i ces must be p a.id to clerk within timo al• lowed . Id . .Appell ant has duty o f seeing that his r ecord on appeal is forwa rded to supreme cou rt as required by law. Id . 124-115, Court order r ecorded-Copies to auditor and treasure r. Every order given and made by a district court or judge awarding payment from the indust rial accident fund to an injured employe or his dependent family, shall be entered of r ecord by the clerk of the- court where given and true copies thereof shall be immediately made and certified by said clerk and forwarded to the state auditor and: state treasurer, respectively, of Wyoming, and shall be by each of said officers entered upon a record to be h"llown as the .compensation docket, and shall be the authority and direc- • tion of the state .auditor to issue warrants for compensation awards against the industrial accident fund and for the state treasurer to pay such compensation awards from said fund. [L. '15, c, 124, § 14; C. S. '20, § 4329. Cited in La Cha ppelle v. Union Pacific Coal Co., 29 Wyo, 4.49, 214 P . 587, annotated under § 124-101. 124-116. Industrial accident fund - Appropriation. There is hereby created a fund to be known as the "industrial accident fund," which shall be held by the state treasurer and by him deposited in such banks as are authorized to receive deposits of the funds of the state. The treasurer in making said deposits shall divide the said industrial accident fund into two distinct funds, one to be known as the "general fund" and the other to be known as the "reserve fund." The "general fund" as near as may be, shall be used for payment of all awards, claims and items of expense chargeable against the industrial accident fund, and .the "reserve fund" shall not be used for any of said payments unless the "general fund" at the time is insufficient to �WORKMEN'S COMPENSATION ACT 15 meet the demands upon it, in which case the treasurer shall transfer from t he "reserve f und" to the " general fund" a sufficient amount to meet the • immediate demands upon said "general fund." The purpose of creating said "reserve f und" is to provide a f und within the industrial accident fund sufficiently large to pay great a nd unu sual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, a nd the "rese rve fu nd" shall be kept apart from the "general fund," and as near as may be unused in accordance with said purpose. The state treasurer shall set aside in the "re erve fund" at the end of each month twenty-five per cent (25 % ) of a ll moneys received in the industrial accident fund during said mont h 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, co-un ty, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall be.come a part of the indu strial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be paid from the accident fund in any court proceeding under this chapter, and a ll contingent expen es incurred in preparing for and in the administration of this chapter shall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, amending L. '21, ~- 65, § 1; C. S. '20, § 4330. " Con t in gent expenses" payable out of in<lustrinl a ccident !und. refcl's only to expenses in administration of stnte departme nbi, does not include cost of transcript in appeal under this chapter. In re Winborne, 31 Wyo. 34U, 244 P. 135. 124-117. Every employer engaged in any of the occupations herein de.fined as extra-hazardous, is hereby required to pay into the state treasury for the benefit of the industrial accident fund a sum of money equal to one and one-half per cent (1½.%) of the money earned by each of his employes engaged in such extra-hazardous employment during each calendar month of such employment. Such payment shall be so made on or before the 15th day of the month follo,ving the month for which such payments are computed and paid. Each employer shall continue to. make monthly contributions as above provided unless his account, after making the hereinafter specified deductions therefrom, shall equal full two per cent (2%) of his annual payroll computed by multiplying his current month's payroll' of workmen engaged in eA'tra-hazardous employment by twelve and shall likewise be not less than three thousand dollars ($3,000.00) provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of �16 WORKMEN'S COMPENSATION ACT money (including the payments as above specified) equal to four per .cent ( 4 % ) of the money earned by each of his employes engaged in such extrahazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall n ot be compelled to contribute when his cont ributions in the fund, after making deductions as afor esaid, shall equal two per cent (2% ) of his annual payr oll, and shall likewise be not less tha n three thou sand dolla rs ($3,000.00). In additi on t o the other paymen ts r eqµired by this section to be paid into the indu strial ac.cident fund, every employer engaged in any of t he occupations herein defi ned as extra-hazardous shall make a payment to be known as a "service and policing charge." Su ch service and policing charge shall be ,paid by the employer into the st ate treasury for the benefit of the indu trial accident fun d and shall not be credited to the balance of the employer contributing. The amount of balance in t he industrial accident fund to the employer's credit shall not relieve him {)f his duty an d liability to pay the s·ervice and policing charge ; provided, however, that no employer who pays for an y calendar month four per cent. of the moneys earned by each of his employes engaged in such extra-hazar dous employment during such calendar month shall be .compelled to pay a service and policing charge for such month. The service and policing charge shall be computed on the monthly premium paid by the individual employer into the state treasury for the benefit of the industrial accident fund during each calendar month, or on the premium which the employer would have been required to pay had not the amount of the employer's balance relieved him from the payment {)f a premium. The amount of the service and policing charge shall be determined- according to the following schedule: Service and Policing Charge Where the monthly payment for month. is less than 10.00 ____________________ $ 1.10 10.01 to 20.00____ 2.20 20.01 to 30.00__________ 3.30 30.01 to 40.00____ 4.40 40.01 to 50.00_____ 5.50 60.01 to 60.00__________ 6.60 60.01 to 70.00___ 7.70 70.01 to 80.00,____ 8.80 80.01 to 90.00,____ 9.00 90.01 to 100.00,____ 9.50 100.01 to 150.00,____ 13.50 160.01 to 200.00,___ 18.00 200.01 to 300.00,____ 24.00 300.01 to 400.00.___ 30.00 400.01 to 500.00______ 35.00 500.01 to 750.00-____ 48.75 �WORKME N'S COMPE NSAT IO N ACT Over 17 750.01 t o 1,000.00 ___________ G0.00 1,000.01 to 1,500.00 ______ _____ 82.50 1,500.01 to 2,000.00 ___________ 100.00 2,000.01 to 3,000.00 ___________ 120.00 3,000.01 t o 4,000.00 __________ _ 140.00 4,000.01 to 5,000.00 ___________ 150.00 5,000.00 ____ _____ ____________ 175.00 P rovided, however, in t hat t he expense of the admi nistration of this chapter a nd of making the collections herein fix ed, is greater as to non-resident employers eng aged in extra-haza rdous occupations, th an such expense obtains to such employers bona fide domiciled within t he state of Wyoming, t he ser vice and policin g charge, upon t he monthl y premium paid by non-resident e mployers, engaged in extra-hazardous occupations, sha ll be double t he for egoing chedule, as t he same applies to resident employers engaged in e>..-tra-hazard ous occupations. " Non-re ident" employers of extra-hazardous occupations shall give bond or other security in the um of f ive hundred dollars ( $500.00), to be approved by the state treasurer or his deputies, before starting the work. The contract of aid bond or o the r ecurity shall be conditioned that the sa id employer will f aithfull y per form all t he du ties imposed by this act upon employers engaged in extrahazardo us occupations and promptly pay into the state treasury, a t t he tin1e a nd in the manner set forth in section 124-117 of t he Revi eel Statutes of Wyoming, 1931, and all acts amendato ry or in aid t hereof , t he sums of money required t o be 'J)aid by employers in extra-hazardous occupations. And to this end, " non-r esident" employer r. enga ged in ext ra-hazardous occupations are hereby required, before st arting -work, and fro m time to time after such work has been started, to report to the state treasurer the nature and progress of such work, the location of the same and the number of employes engaged in and upon the work and likely to be so engaged for the next thirty (30) days giving such fu rther and detailed information as the state t reasurer may reasona bly demand. The willful failure or negligence on the 'J)art of any " non-resident" employer of extra-ha zardous occupations to give said security, to make the reports, and/ or to furni sh the information required by this section, shall be a misdemeanor, and upon conviction, such employer shall be punisherl by a fine of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00), recoverable with costs in any court of competent jurisdiction. Provided, however, that "non-resident" employers of extra-hazardous occupations shall not be required to give bond or other security for any payment or payments required of them for the "service and policing charge" required by this section. And the requirements of this section that "non-resident" employers of extra-hazardous occupations shall give �18 WORKMEN'S COMPENSATION ACT bond or other security, shall not apply to "service and policing cliarges" herein provided. The t erm "non-resident" employers of extrahazardous occupations, in this connection, shall be construed as an employer of labor engaged in extrahazardous occupa_tions, who for the previous twelve mont hs has not been a continuous contributor to the compensation fund a s in this chapter provided, and who ha no t been a bona fide dom iciled in, ur a resident of the state of Wyoming continuously for the preceding t,-welve months next prior to engaging in the business of an "emplo ye r of labor in extra-hazardous occupation." When any s uch employer, shall contribute to said fund as r equiretl by this chapter, for twelve censecutive months immedi ately prior to the ,c ommencement within this state of the occupation, the r equirement to pay double the service and police charge shall cease. F or the purpose of encouraging care on the part of the employers and thus decreasing accidents to employ_es, and to the end that each employer shall compensate all injuries t o the workmen of such employer and not those of other employers, the state treasurer shall keep a separate account for each employer so contributing to said fund and shall charg against the account of each employer all warrants paid from the indu strial 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 of such employer; (c) In payment fo r investigatio ns of accid'e nts of such employer, o r in payment of investigations of injuries to his em pl oyes ; (d) In payment of witness fees in cases wherein an order of awa rd is g ranted to the employe of such emplo yer. [L, .'27, c. 111 § 2; L. '25, c. 124, § 3; L. '23, c. 60, § 7; C. S. '20, § 4331; S. L. 33, c. 129, § 3. Citc<l In re Winborne , 34 Wyo. 349; 2'14 P. 135, nnnotnted unde r g 12<1-114 . 124-118~ Filing of payrolls with state treasurer. It shall be the duty of each employer to forward to the state treasurer, on a blank form provided hy said state treasurer, a true copy of his payroll of persons in his employ engaged in extra-hazardous employment during the current calendar month, sworn to either by himself or the person having knowledge of said payrolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said state treasurer for the same; and any employer who shall fail neglect or refuse to furnish such true copy of hi; payroll �WORKMEN' S COMPE NSATION ACT 19 of per sons in hi s employ, or shall refuse to make the monthly premium pay ments as provided by the terms of this chapter whc_n they be.come clue, and against whom an award is made to any injured workman in his employ, shall be persona lly liable to the state of Wyoming, fo r the use a nd benefit of _th~ industrial accident fund, to be recovered by suit brought by the state on the relation of the state treasurer, in a sum equal to such award or awards as are entered for payment fro m the workmen's compensation fund of the state of Wyoming. 'fhe entry of fina l order by the judge of a district court having jurisdiction of such cause app roving and allowing an award of compen ation shall be prima facie proof of the liability of an employer so failing to ,comply with this provision of this chapter; provided, that non-resident employers, upon engaging in any extra-hazardous occupation a s defined in this chapter, and having in their employ workmen performing such extra-hazardous wor k, shall be deemed from the date of t he commencement of such work, to have designated the secretary of state of the state of Wyoming their agent for service of any process upon them in a ny a ction prosecuted hereinunde r; and f urther, provided, that the secretary of state, upon the receipt of any process shall send the same by registered mail to the address of the addressee only, and shall request that a return receipt for same be furnished. The provisions of this section shall not modify a ny other provisions of this chapter, but shall be deemed to be in a ddition thereto. It shall further be the duty of each employer heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this chapter. Any failure of any su.ch employer to file with said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavi t made as herein provided shall likewise 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 124-119. Inspectors-Failure to pay assessment -Penalty. The state treasurer is authorized and empowered, for the purpose of enfordng the provisions of this chapter, to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the industrial accident fund. In case any employer engaged in any extra-hazardous business or industry 1 as defined by this chapter, shall fail or refuse to pay the assessment upon his current monthly �20 WOTIK ME N'S MOMPENSATION ACT payroll , as is required by th is chapter, he shall be guilty of a misdemeanor a nd shall be punished by a fin e of not more than fi ve hundred dollars ($500.00), and in addition to the said fine it shall be the duty of the atto rney general of this state to immediately brin g suit in t he name of the state for the benefit.. of the· industrial accident fund against such employer, for the collection of such assessment, and if a judg ment fo r the r ecovery of said a ssess ment be given in favor of t he state for the use a nd be nefit of t he industria l accident fund, said judgment sha ll be fo r double t he amount of the payroll as3essment provided in § 124-117, t ogether wi t h costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. . '20, § 4333. 124-1 20. Compensation schedule. Each employe, who sha ll be injured in any of the extra-haza rdous employments as herein defined, or the dependent family of any such injured workmen, who ma y die a s the result of such injuries, except in case of injuries due solely to t he cul pabl e neglige nce of such injured mploye, shall receive out of the industrial accident fund, compensation in acco rdance wit h the follo wi ng schedule, and such payment shall be in lieu of and take the place of a ny and all rights of action agai nst a ny employer contribut ing, a s required by t his chapter, t o t he in du st rial a.ccident fun d in favo r of any person or persons by reason of any such injuries or death. (a) " Permanent partial disabilit y" means the loss of either one foot, one leg, one hand, one arm, one eye, or t he sight of one eye, one or more fingers, one or more toes, and dislocation where the ligaments a re severed, or any other injury known to surgery to be permanent partial disability. For any permanent partial disability hereinafter specifically described, resulting from an injury, the workman shall receive a lump sum as follows: For the loss of a thumb - - - -$ 337.50 For the loss of a first finger ________ 300.00 For the loss of a second finger _______ _ 225.00 For the loss of a third finger _______ _ 225.00 For the loss of a fourth finger ______ _ 225.00 For the loss of a palm (metacarpal bone) _____________ _ _ _ _ _ 900.00 For the loss of a hand ______________ 1,500.00 For the loss of an arm at or below elbow ---------------------------- 1,800.00 For the loss of an arm above elbow___ 2,000.00 For anky-losis (total stiffness of) or contrac~ tures (due to scars or injuries) which make the fingers more than useless, the -same amounts apply to su.ch finger or fingers (not thumb) as given above. '· �WORK MEN'S COMPENSATION ACT 21 The loss of a third or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of the more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. The loss of a third or distal ·phalange of any finger sha ll be considered to be equal to the loss of two-thirds of such finger. The loss of more t han the middle and distal phalanges of any fi nger shall be considered to be equal to t he loss of the whole finger; provided, however, that in no case shall the amount received for more t han one finger exceed the amount in this schedule fo r the loss of a hand. For the loss of a great toe ____________ $200.00 For the loss of one of the toes other than gre.a t toe _________ _____________ 150.00 The loss of more than two-thi rds of any toe shall be considered equal to the loss of the whole toe. The Joss of less than two-thirds of any t oe shall be considered equal to the loss of one-half of the toe, For the loss of a foot_ ______ ________ $1,200.00 For the loss of a leg below the knee __ 1,500.00 For the loss of a leg above the knee __ 1,800.00 For the loss of an eye or the sight thereof --------- ------------------ 1,800.00 For any other injury known to surgery to be permanent pa rtial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disa·oility based' as near as may be upon the foregoing schedule in every case of permanent partial disability the amount allowed for the injury shall be paid in monthly installments 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 with whom he is living and in good faith contributing to her support at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award: shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent 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 occupation. Where there has been a �22 WORK.MEN'S COMPENSATION ACT previous disability or injury, as the loss of one eye, or the sight thereof, one hand, one foot, or any other previous permanent di abiUty or injury, the percentage of disability fo r a subsequent injury shall be determined by deducting therefrom the percentage of the previous disability or injury, as it existed at the time of the subsequent injury. When permanent tota l di sa bility 1·esults from the injury the workman sha ll r eceive the sum of four thousand dolla rs ($4,000.00 ), but in every such case the amount allowed fo r the injury shall be paid in monthly insta llments at the rate of fifty dollars ($50.00) per month if the wo rkman be unmarried at the time -of the injur y, and at t he ra te of sixty dollars ($60.00) per m onth if t he wo rkma n has a wife with whom he is living and in good faith contributing t o her suppor t at t he time of the injury; provided, howe er, tha t the .court mak ing such award shall retain jurisdic tion of t he same until said awards shall have been fully paid, with power to modify or chan ge the amount of t he award to conform to any change in th e condition of the injured workman, and shall ha ve power at any time during said period, upon application and hearing, with notice to t he employer, and a showing of the necessity therefor, t o order a ll or any pa rt of the unpaid balance of the awa rd t o be paid to the Injured workma n as a lump sum ; pr ovided, that if the workman sha ll die leaving an unpaid balance of the award, then such unpaid bal ance shall be returned to the indush'ial accident fund and be credited to the employer's balance. If the workman suffering such permanent total disability have a boy or boys under sixteen (16) years of age, or girl or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum o! one hundred and t\venty dollars ($120.00) per year for each boy under sb..1:een (16) years until the time when each of said boys shall become sh..-teen (16) years of age, and a lump sum of one hundred 4nd twenty dollars ($120.00) per year for each girl under eighteen (18) years of age until the time when each of said girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed four thousand dollars ($4,000.00), and any and all awards made on account of any such child or children, shall be disbursed under a pl'Oper guardianship to be created by the court or judge making such award. (c) "Temporary total disability" means an injury which, though it may result or does result in a permanent total or partial disability, temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by �WORKME N'S COMPENSATION ACT 23 medical or surgical treatment and be able to re. s wne work; provided, however, that when s uch injury does result in either permanent total or par• tial disability, t hen and in that case, "temporary to tal disability" shall be limited to the time when t he "healing process" has taken place. In such case, if the workman be unma rried at the time of t he injury, he shal l receive the sum of fifty dollars ($50.00) per month, so l@g as the total disability shall continue. If he have a wife with whom he is living and in good faith ~ont ributing to her support at the time of the injury, he shall receive sixty dollars ($60.00) per mo nth, and if he have a boy or boys under si..xteen (16) years of age, or a girl or girls under eighteen (18) years of age, and in good faith supporting, or both, he shall receive fo r each o supported, seven and one-half dollars ($7.50) per month, but the total monthly payment shall not exceed ninety dollar s ($90.00) per month. No com. pensation, except the expense of medical attention, s ha ll be allowed fo r the first seven (7) days of disability, unless the incapacity extends beyond the period of twenty-·one (21) day , in which case the compensation shall run from the time of the injury. As soon as r ecovery is so complete that the earn• .ing power of the workman at any Jcind of work is 1·estored, the payments shall ,cease, but in no case shall the total payments made in such cases exceed in the aggregate the lump sum amount herein s pecified to be paid an injured workman for injuries causing permanent total disability. When the work• m an has non-resident alien children whom he is in good faith supporting, he shall receive only one-third of the sum above fixed for boys under s ixteen (16) years of age and girls under eighteen (18) years of age. (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and o:f care in hospital of the injured workman shall be paid from date of said injury, the expense of med.I• cal treatment not to exceed one hundred and fifty dollars ($150.00) in any case and the expense o:f care in hospital not to exceed one hundred and fifty dollars ($150.00) in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, or the em• ployer furnishes adequate and· proper medical attention and hospital facilities to his employes; provided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The state treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employes under this section shall be compensated. ,. i I I. �24 WORKMEN'S COMPENSATION ACT Each physician or surgeon attending a workman injured while engaged in extra-hazardous occupation shall file with the clerk of the court of the county within which such injury occurred and! with the _ state treasurer, under rules to be prescribed by the state treasurer, a full and complete report fully describing the nature of the injuries to such workman; provided, that such report shall not be required unless the disability r esulting from such injury lasts through the day or the injury requires medical -services other than the ordinary fi r st aid treatment. Any physician or surgeon failing t o file any report as herein provided shall be puni hed by a fine of not mo re than fifty dollars ($50.00). Where death r esults from an injury the expense of burial shall be paid not to exceed one hundred and fif ty dollars ($150.00) in any case, unless other arrangements exist between employer and employe under agreement. (1) But if the vorkman leaves a widow or invalid widower, to who m he or he has been regularly married by a marriage duly solemnized by a legal ceremony, provided, it shall not be made to appear that the surviving spouse was at the time of the workman's death eparated from such spouse by her own fault, such surviving spouse shall receive the sum of two tho usand dollars ($2,000.00), but in every such case the said awa rd be paid in monthly installments at the rate of forty-five dollars ($45.00) per month, upon proof made to the state treasurer that such surviving widow is still living and has not re-married. In case the award is in favor of an invalid widower, then and in that .case, proof must be made to the state treasurer, before any monthly installment is paid, that the said widower is still an invalid. Prnvided, however, that the court making such award may upon application and hearing, with notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to th~ surviving spouse as a !um:> sum. If th~ surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to receive the sum of two hundred and seventy dollar.:: ($270.00) out of the unpaid balance of said awarr'., and further payment shall cease, ,md any balance of the award shall revert to the dependent children, if any there be; and if there be no dependent children the unpaid balance of such award shall return to the general fund and the same shall be .credited to the employer's balance; if the surviving spouse shall die before all of said award has been paid then the unpaid balance shall revert to the depend~ ent children, if any; if no dependent children, then such balance shall revert to the general fund and be credited to the employer's balance; provided in any case, where the surviving spouse shall re-~arry or �WORKMEN'S COMPENSATION ACT 25 die before all of the award has been paid, t he remaining balance sha ll be paid to the surviving dependent chi ldren in the fo llowing manner; in as.certaining t he amount to be pa id to each surviving child in the case of male children, the age of such male child shall be figured from the time of the death or r e-marriage of such survi ving spouse until such male child attain s the age of sixteen (16) yea rs and in t he case of fema le children, the t ime shall be figured from the t ime of the death or r e-marriage of such surviving spou e until such female chi ld attains the age of eighteen (18) years, and the unpaid balance of such award shall be divided in each instance by the number of months between such periods of time. In case of the death of any such sur viving children, the por tion of such a vard made payable t o such child by t he terms hereof shall be divided among the surviving children pl"O rata ; provided, further, tha t if all of the surviving chi ldren should die befo re t he unpaid balance of the award is entirely di stributed, then the r emaining undistributed portion of such award shall revert to the general fund and be credited to the employer's balance; provi ded, furt her, that if it be hown that the sur viving spouse wilfully deserted deceased without fa ult upon the pa rt of the deceased, such surviving spouse shall not be regarded as a dependent in any degree, but in such case t he right of boys under sixteen (16) years of age a nd girls under eighteen (18) years of age to compensation sha ll not be defeated. If said workman leaves a surviving boy or boys under sixteen (16) years of age or girl or girls under eighteen (18) years of a ge, the guardian of such child or children appointed as hereinafter provided, shall receive for the use and benefit of said child or ,c hildren, a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving boy under sixteen (16) years of age until the time when each of said surviving boys shall become sixteen (16) years of age, and a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving girl under eighteen (18) years of age until the time when each of said surviving girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand·, six hundred dollars ($3,600.00). In all cases where an order of compensation is made on account of boys under sixteen (16) years of age, or girls under eighteen (18) years of age, or both, or to persons incompetent, said fund shall be disbursed under a proper guardianship to be create~ by the court or judge making such an order. (2) If the injured workman die during the period of temporary total disability and after receiving compensation therefor, as herein provided, and his �26 WORKM EN'S COMPEN SATION ACT death be shown to have resulted fro m such injuries, the widow and the guardian of the work.ma n's boys under si:\.--teen (16) years of age a ncl girl s under eighteen (18) years of a ge shall be entitled to an award because of the death of the workman as herein provided, but the total amount of payments in excess of two thousand, fo ur hundred dollars ($2,,100.00) received by the injured workman during such disability and prior to his death sh a ll be proportionately deducted from the amo unts her ein provided to be paid to the surviving widow a nd the g ua rd ian of the workman's boys under sixteen (16) years of age and girls under eighteen (18 ) yea rs of age. (3) If any workman di e within one year from the date of r eceiving an award fo r permanent partial disability and his death be shown to hm·e resulted from the injuries for which the award was granted, the widow and the guardian of the workman's "boy under ixteen (16) years of age, and girls under eighteen (18 ) years of age sha ll b entitled to an award becau e of the death of the workman as her ein provided, but the amount of the payments received by the injured workman prior to his death s hall be proportionately deducted f rom the amounts herein provided to b paid to the surviving widow and the guardian of the worlanan's boy under sixt een (16) years of a ge and girls under eighteen (18) years of age. (4) If any workman die with.in two years from the date of receiving an award for permanent total disability a nd his death be sh own to have r esulted from his injuries, t he widow of said workman shall be entitled to a n awa rd because of the death of the workman as herein provided, but the amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be d,e ducted from the amount of her award. (5) If the workman leaves no widow or widower, or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leaves a parent or parents surviYing, such surviving parent or parents, if lhing in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500.00); provided, a parent or parents, who are dependents and who are -non-resident aliens, shall receive a lump sum of one-third of fifteen hundred dollars ($1,500.00). [L. '31, c. 94, § 4, amending L. '29, c. 48, § 1; L. '29, c. 64, § 1; L. '27, c. 111, § 5; L. '25, c. 124, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ 5, 6, 7; C: S. '20, § 4334; S. L. '33, c. 129, § 4. Under sub-division b hereof, policy to nllow more for children of !1 disnbled thnn. for those o{ 11 deccnscd workman held, ~ :u~t,~1/or the leg1slnture. In re Brennan, 29 Wyo. 116, 1 Awn.rd ior 11 permnnent totnl disability" mnde only in clear j �WORKME N' S COMPENSATION ACT 27 c:i.se. Sta nd a rd Oil Co. of Ind ia n a v. S ulli va n, 33 , vyo 22 3, 23i P. 253. E\li<lence show ing employe's loss o f fin s:rcrs . on . ~oth hnnds, held t o justi fy awa rd for ner m nnent total d1sub1 h t y. SakamoU> ,,. Kemmerer Con! Co., 36 W yo. 325, 255 P. 356. Sum paid for te mpon~•·y _t?ln l disa bili ty should be deducted from to tal pe rm a nent d 1sab1h ty award. I d. Emp!oye held , en ti tl ed ;o p ayment of. compen~ation in manner provided by statu te in effect at t ime o{ lllJ u ry. In ro Hibler, 37 Wyo. 33~. 261 P . 6•1 • Generally f\penkin g t.he lef!"islatu rc did not _ii:te nd do ub!c compcn c.ation t.o i njured cm1>loycs, unU cr 1H·ov1 s: 1ons o( Uu s sec• tion: Marsh v. A ljoc, 41 " 'yo. 220, 2tH P. 260 ; annot.ute<l also under § 12•1-137 . Sub. A. Sta ndard Oil Oo., (Ind. ) v . En·in , 44 W yo. 8 • 12•1-121. Additional compensa tion for disfigurement. In all cases of temporary total di sability ·o r permane.nt par tial disability where the workman shall suffe r per manent disfigurement to the face or head of a natu re so great as to affect the workman's earning capacity in securing employment, the workman shall r eceive, in proportion to the extent of such disfi gurement, a lunip sum in addition, not to exceed five hundred dollars ($500.00) . The court shall take into consider ation in making the a ward any former disfigu rement to the face or head of such workman. [L. '29, c. 64, s 2. 124-122. Compensation for hernia. A workman in order to be entitled to compensation for hernia must clearly prove: 1. That the hernia is of recent origin; 2. That its appearance was accompanied by pain, and discoloration and evidence of tearing of tissues were present; ul , ; 3. That it was immediately preceded by some accidental strain suffered in the course of the employment; 4. That it did not exist prior to the date of the alleged injury. If a workman, after establishing his right to compensation for hernia as above provided, elects not to be operated upon, and the hernia becomes strangulated in the future, the results from such strangulation will not be compensated. [L. '29, c. 110, § 1. ,. i, l 124-123. Forfeiture by injured employe-Payrnents 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 surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this chapter; and .where an injured employe is under .care and treatment of a physician, he shall not be permitted to personally receive or use any �28 WORKMEN'S COMPENSATION ACT compensation payments allowed him under this chapter, except upon the order of such physician, but s uch pay ments shall be withheld and delivered to such inj ured workman upon his recovery or discharge by such physician. [L. '1 5, c. 124, § 20; C. S. '20, § 4335 . . M()di ficnti?n o f instruction ns to e f foct of inju rious prac... t1ces retarding recovery of inju red cmnloyc, held, not im... proper. In re H ibler, 37 Wyo. 3a2. 2G1 P . G48 . . :f!mploycr had burde n of p roof thut cm ployc persis ted in inJur1ou~ 1>1·a.cticcs retarding recovery. Id. To "persist'' in inhu·ious practice~ retardi ng inj ured em. . ployc'g recovery m an s to continue aguin:;t OJ>J:OS,tion or rem. . on stran cc. Id . 124- 124 . Exe mption from execution or attachment. o money paid or payable under this chapt er out of the industrial accident fund shall, prior to issuance and delivery of the warran t therefo r, be capable of being assigned, charged nor ever be taken in execution or by garni shment, or shall the same pass to any other person, by operation •o f law, except as permitted by subdivi sion {1) of paragraph ( cl) of section 124-120, Revised Statutes of Wyoming, 1931. Any such a ssignment, attachment, garnishment or charge shall be void. [L. '31 , c. 73, § 61, amending L. '15, c. 124, § 21 ; C. S. '20, § 4336; s. L. '33, C. s 5. Cited in La Chappelle v. Union Pacific Coa l Co., 29 Wyo. 44 9, 214 P. 5 7. 124-125. l\linor workman. A minor working at an age legally permitted under the laws of this s tate sha ll be deemed sui juris for the purpose of this chapter and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as expressly provided in this chapter; but in the event of a Jump sum payment becoming due under this chapter to such minor workman, the management of same shall be within the probate jurisdiction of the courts, the same as any other properties of minors. [L. '15, c. 124, § 22; c. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. Whenever the state, county or any municipal corporation shall engage in any extra-hazardous work in which workmen are employed for wage·s, this chapter shall be applicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of the state, county or municipality. If said work is being done by contract the payroll of the contractor and the subcontractor 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 accident 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 ,.: �WOR K.l"1E N'S COMPE NSATIO N ACT 29 to collect from t he contractor the full amount payable to the industrial accident fu nd and t he contractor, in t urn , shall be entitl ed to collect fro m t he sub-contractor his proportionate amo unt of payment; the provisions of t his ection shall apply t o all extra-haza rdous work done by contract , except that in privat e wo rk t he cont ract or shall be responsible, primarily and directly, to t he industrial accident f und fo r the proper percentage of the tota l payroll of t he work and fo r the amounts due it, and the owner of t he property affected by the cont r act shall be surety for such paymen ts. Wheneve r, a nd so long as under the state law, city charter or municipal ordi nance, provision is made fo r municipa l employes injm ed in the course of employmen t , suc h employe sha ll not be entitled to t he benefits of this chapter and sha ll not be included in t he payroll of t he municipality under thi s chapter. [L. '15;- c. 124 , § 23; C. S. '20, § 4338. Cited in- Leslie v. City o f Cns1)cr, 42 W yo. 44, 28' P . 15, annotated u nder § 12,1- 102 . 124-127. Safet y devices. Nothi ng in t his .chapter cont ained shall repea l an y existing la w pr oviding for the installation or m aintenance of any device, means or method for t h e prevention of accidents in extra-haza rdou work or fo r a penalt y ·or punishment for failure to install or maintain a ny such protective device, means 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 be unlawful for any person or a ny number of persons acting together or separately or in any way, in.eluding attorneys, agents, interpreters, and all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered, either jointly or separately, in relation to procuring any benefit or benefits under this .:hapter, any sum or sums aggregating more than five per centum of the whole amount received or to be received by such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fifty dollars ($50.00). Every' person violating or concerned in the violation of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the .county in which any injury occurs to give all necessary legal advice to any injured workman, or his dependents, who may seek advice in making and filing :i I i ·I f �30 WORKMEN'S COMPENSA_T ION ACT claims for co_mpensation, and to prepare all state~ ents of clan~ or other papers necessary or adVlSable to be fi led by such workman or dependents free o~ a ll cha r ges and .costs. [L. '21, c. 138 § s' amendm_g C. S. '20, § 4340. ' ' Cited in Znnea nc ll i v. Cent r a l Coal & O:>kc C ,, - w 611 , 173 P . ~ 1, annotat ed under § 124-11 3. o., _, yo. Cited ns to attorney's fees i n In re lliblcr 37 Wyo. 332, 2Gl P. G4 8. ' 124-129. Physicians r r quired to testify. Any phy ician having attended an employe in a professional capacity may be r equired to t estify before any court or judge when so directed in cases coming with in the provi sions of this chapte r, and the law of pri vi leged communication between physician and patient, as fixed by s tatute shall not apply in such .ca e . [L. '1 5, c. 124, § 26; C. S. '20, § 4341. Stnnd ru·d Oi l C;,. (Ind.) v. En·iu , 44 Wyo. , Osteopaths. 124-130. False sta tement by employe. Any employe or workman who shall make or cause to be made on hi s behalf any misrepresentation or false statement for the purpose of r eceiving compensation und er this cha pter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on convicti on, be fined not more than three hundred dollars ( $300.00) , or impri oned for not more than runety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. 124-131. Annual report by state treasurer. It shall be the duty of the state treasurer to secure and compile statistical information concerning accidents occurring in the extra-hazardous empll,yments defined by this chapter, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer .coming within the provisions of this chapter; the amount paid out on account of injuries, or death resulting from injuries in such employments; and any other information relating to the operation or administration of this chapter that may be of interest; and to make a full report thereof, together with such recommendations as he may deem proper for changes or amendments herein, and to publish a full report thereof, to the govemor, on or before the 31st day of December in each year. [L. '15, c. 124, § 28; L. '17, c. 69, § 7; C. S. '20, § 4343. 124-132. Examination by state treasurer. The state treasurer may, at any time on twenty-four hours' notice (unless such notice is waived by the employer), either in person or throug? any authorized inspector, agent or deputy, examme the bo~ks, accounts or payrolls of any employer at any time for the purpose of securing any information desired in the administration of this chapter. [L. '27, c. 111, § 6, amending C. S. '20, § 4344. �WORKMEN'S COMPENSATION ACT 31 124-133. Disabled w,o rlnnan examined by employer's physician-Recovery re~orte_d to court. Any workman awarded comp ensation for t emporary total disability under thi s chapter , a defined by clau,;e (c) of § 12'1-120 shall! if t hereafter r equested_ by his employer submit . h nnself fo r mechcal exammation by a ph ysician licensed to practice medicine in this state, at a place desi..,.na te d- by the employe r and which sha ll be rea onably convenient for the workman, and said work ma n may have a licen ed physician present of his own selection. The purpose of such examination ha ll be to determine whether the workman ha s recover ed so t hat hi s ear ni ng power at any ki11d of work is re tored. If it be agreed t hat the workman bas r ecovered so that h is earning power at any kind of work is restored, t he fact shall be reported by the employer and said physician to the judge of the district cou rt who made the award in the first instance, or if ther e be a di spute as to the recovery of the workman and his restoration to earning power, it shall be likewise repor ted to said judge, b y fili ng 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 a s said judge may deem proper under the facts. If said judge find that said workman has recovered and has been restored to his earni ng power and t hat compensation hould be discontinued, his decision and judg ment in t he p remises shall be certified to the state auditor and state treasurer and shall be authority and direction to said officer s to discontinue compen sation payments. If the workman, in such case, refuse to suomit to such examination or obstructs the same, his right to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345. Standnrd Oil Co.. (Ind.) v. Ervin, 44 Wyo. 88 Osteopaths. 124-134. Employes' statements of dependent persons. All employes or workmen coming within the provisions of this- chapter shall be rtquired, upon entering service in any of the extra-hazardous employments herein defined, to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their dependent families, in each case giving the names and ages of their boys under the age of sixteen (16) ye&rs and girls under the age of eighteen (18) years. [L. '23, c. 60, § 12, amending C.-S. '20, § 4346. 124-135. Assignment of rights and benefits. All payments made into the industrial accident fund by an_y and every employer under the provisions of tins chapter shall be taken as paid and received in • I �32 WORKMEN'S COMPENSATION ACT consideration of the indemnity to such employer by r eason of his contributing to the industrial accident fund and in consideration of the payments made by ·ti1e state to such fund; provided, t hat when any employer engaged in an extra-hazard ous occupation a s defined in th is chapter , has heretofore sold and conveyed, or shall her eaft er sell and convey hi s or its property to a purchaser who cont inues to conduct and carry on said business a t the ame place, the sell er shall be entitled to tran fe r a nd a ssign to the purchaser all ri ghts, benefits, privileges and immunities accrufog to su.ch employer by virtue of any sum t hen o n deposit to his or its credit in t he industri al accident fund in the state treasury under t he provisions of th is chapter; and upon fi ling such a ssignment with the state treasurer , the purchaser sha ll succeed to all said rights, benefits, privileges and immunites of said employer. Said purchaser shall be s ubject to obligations of compensation against the seller incurred and existing at the date of such assignment; provided, that no part of any moneys so paid in by any employer shall ever be refunded to him, either during the time when he continues in business as such employer, or after he ceases such business ; provided, that ever y employer, operating under the provision s of t his chapter shall pay into said industrial accident fun d the sum of at least five thousand dollars ($5,000.00) ; and provided, further, if t his chapter shall be hereafter r epealed or held invalid, the moneys which a re in th e industrial fund at the time shall be di tributed as m.3y be provided by the legislature, and in default of such legislative provision, di stribution t he reof shall be in accordance with the justice of the matter, due 1·egard being had to obligati ons of compemation incurred and existing. [L. '21, c. 76, § 1, amending C. S. '20, § 4347. *124-136. Closing of accounts. Any balance standing to the credit ·of any employe r in the industrial accident fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of which his said contributions have been made shall be debited from his account to the profit and loss account of said fund, and said employer's account shall be thereupon finally closed, and thereafter the said balance shall permanently remain a part of the industrial acci• dent fund. : ;; i 124-137. Actions against employer independent of chapter. Nothing in this chapter sl1all be construed to limit or affect any right or action by an employe against an employer for injuries received while in the employ of such employer when such (•This section ommittcd from Revised Statutes 1931) y lj �WORKME N'S COMPENSATION ACT 33 employer at the time of such injuries is not con• tributing to the industrial accident fund as provided in this chapter. [L. '23, .c. 60, § 13. ,\ f' - ( I I 124-138. Re-opening of cases. The state treas• urer shall have the 1ight to cause a ny case to be re-opened in which an order of award has been made, provided he shall cause a petition for the re-opening of t he case to be fi led with the court which granted the awa rd, within thirty days after the date on which the order of awa rd was received in the tate treasurer's office. Such pc:tition mu st show probable cause that error was made in the amount of the award, or the .character of t he awa rd, or t he grounds on which the award was made, and m ay specify as a reason fo r re-opening the case existing evidence not given in the or iginal hearing, showing the general nature and effect of such evidence. On the filing of such a petition and on the court fin ding that probable cause is shown thereby, the court hall stay the award, and upon reaso nable notice to all parties reopen the ca e and set the same for heating de novo. The tate treasu r• er may take such part in the new hearing as he may deem advisable and shall have ever y right and privilege of a party to the cause. He shall have the right of appeal to the supreme cour t from any order in such n ew hearing, either granting an award or refusing to grant an awa rd. He shall a lso have a right of appeal from an order refusing to re-open a case. In a ddition, and without the necessity of pre• senting any peti tion for the re-opening of a case to the trial court, the state treasurer shall have the right to appeal to the supreme court from any order or 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 perfe.cting of any appeal instituted by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or judgment appealed from without requiring any bond. The attorney general, or his deputy or as• sistant, shall act as the attorney of the state treas• urer in all cases. All costs of new hearings granted upon the petition of the state treasurer, and all costs of appeals conducted by the state treasurer, shall be paid by the industrial accident fund, except such costs as the court in its discretion shall assess against any of the other parties to the cause. [L. '27, c. 111, § 7, amending L. '25, c. 124, § 5. Where the du ty of the nttorney general to represent compensation claimant in supreme court, ns i>nrt of his official duties, conflicts with his duties to net ns attorney for stnte treasurer in nil cases, the duty first mentioned must yeild to right of stnte treasurer to such services. Marsh v. Aljoe, 41 Wyo. 119, 282 P. 1056. In nction under workmen's compcnsntion ln.w, in which compensation wns awarded, application of state treasurer to �34 WORKMEN'S COMPEN SATIO N ACT reopen case on ground, nmong others, of Jwior disability, tihould not be determ ined on ex 1mrtc afriduvits, when l>nscd o n new C\•i<lcncc, since Jcg-is lnlure contcmp lutc<l that lrcnsurer Hhould be g iven nJvnnt.age o( rcgulur trial. DI:u-sh v. Aljoc, 41 Wyo. 220, 231 P . .!60. This section authorizing stntc treasurer to have cnsc reopcnc<l must be const1·ucd in light, of situation which w~ •oug ht to be remedied here by. Id. On stntc trcn surc r's applicution, bnscd o n new evidence, to reopen cusc, c0Ul't mu st reopen cuse, if the new e vidence wi lt have a material bcnl'in g . l <l. i, I I i I 1· 124-1 39. Bills to be ite mi zed-Time of filing. All bills for medical attendance, expenses or disbursements, and fo r hospital services, sha ll be properly dated, itemized and verified by t he claimant, or the same shall be disallowed by the court, and every doctor who shall attend an injured workma n shall within ten (10) days after the first of the m onth succeeding that in which he r endered services to t he injured wor kman file with the clerk of the di trict court of the proper county, his itemized a nd verified bi ll for all ervices render ed by hi m a nd expense incurred in behalf of the inju red workm an during the previous month, and shall send a. copy t hereof to the tate trea urer; a nd all claims fo r medical attendance or medical services not so filed wi t hin the time specified shall 'oe disallowed by the court. [L. '25, c. 124 , § 7. 124-140. Notifica tion by doctor. Every doctor who ,accepts the case of an injured workman, and every hospital which accepts the case of an injured workman, shall wi thin t en (10) days after accepting such case file a written notice thereof with the clerk of the di strict cour t, and shall send a copy of such r.otice within said ten (10) da ys to the state treasurer a nd another co py within said period to t he employer of the injured workman. Any doctor or ho,;pital fa iling or refusing to file t he notice within the time designated with the clerk of the court, or to send copies t hereof 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. '26, c. ·124, § 8. 124-141. 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 laws. No a-ward of compensation or allow.ance of any expense or claim chargeable against the account of any employer contributing to the industrial accident -J �WORKMEN'S COMPENSATION ACT 35 fund shall be made wi t hout notice to such employer and hearin g, unless such employer shall in writing fil ed in t he court having jurisdiction consent thereto. Where th e employer cannot be personally ser ved, substit uted ser vice, a s provided for in t he code of civil proced ure,. may be had. [L. '25, c. 124, § 9; s. L. '33, C, 129 §5. An awnrd o f compensation to an inj ured crn oloyc is a · f inal judgment, un less t:: ~ prcssly reservin g juri sdictio n to reopen case . M idwest Refining Co. v. George, •11 Wyo. 55, 281 P . 1005, 124-1 42. Deferred payment account. Whenever an or der of award shall specify t hat the award is to be paid in monthly payment , t he state tr easurer shall charge the amount thereof against the account of the employer of the injured workman and shall transfer the amount of said award from the general f und into a deferred payment account, which account shall thereafter be a lone liable fo r the payment of the award . Intere t earned by the deferred payment account sha ll be paid in to the general fund, as well as all amounts repaid or r eturned to said general fund under the provisions of this chapter, or by reason of modification of orders of award. Whenever .a modification of an order of award increases the amount of the award, the additional amount shall be cha rged aga inst the employer 's acco unt .and t ransf erred from the g eneral fund into the deferred payment account, and whenever a modific ation of a n order of award decrea ses the amount of the a ward, the amoun t of such decrease sh.all be tra nsf erred from the defe r red payment account to the general fund and credited to the account of the employer. L. '27, c. 111, § 8. 124-143. Bribery. ·whoever corruptly gives, or promises to give pay, or imburse, or whoever offers to give, pay or imburse any court officer or employe, or any person employed or concerned under the laws of this state in the administration of this chapter, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do any act beneficial to any person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer or employe or a person employed under the laws of this state in the administration of this chapter, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administr.ation of this chapter, shall be deemed guilty of felony and upon conviction thereof be imprisoned in the penitentiary not more than • fourteen (14) years. [L. '25, c. 97, § 1. �TABLES 'I; ' for compu ting amo unts du e unde r the prov1s 1ons o f the Workmen's C o mpens atio n A c t and Peace Offic ers' Inde mity Fund. Following nre tables of monthly compensation fo r sevcrnl amounts allowed by lnw. computntions fo 1· which arc mado !or twenty-eig ht , thi rty a nd th irty-one d ny mon ths : Sing le 6.6 7 8.33 10.00 11. 67 13.33 15.00 16.67 18.33 20.00 21.67 23. 33 $50.00 31 J.6 1 3.23 •I. 4 6.45 8.06 9.68 11. 29 12.90 14. 52 16.13 17. 74 19.35 20.97 22. 58 :.!5.00 24 .l H so 26.67 28.33 30.00 3 1.67 33 .33 35.00 36 .67 38.33 40.00 41.67 43. 33 45.00 46 .66 48.33 50.00 25.8 1 27.42 29.0 3 30.6 5 32 .26 33.87 35.48 37. 10 38.7 1 . 40.32 41. 94 43 .55 45. 16 46.77 48.39 60. 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Man nnd Wife $60.00 28 30 31 2. 14 2.00 1.94. 4.29 4.00 3.87 6.43 6.00 5.81 8.57 8.00 7.74 10.71 10.00 9.68 12.86 12.00 11.62 15.00 14.00 13.55 17.14 16.00 15.48 19.29 18.00 17.42 21.43 20.00 19.35 23.57 22.00 21.29 25.71 24 .00 23.22 27.86 26.00 25 :16 30.00 28.00 27. 10 32.14 30.00 29.03 34.28 32 .00 30.97 36.43 34 .00 32.90 38.57 36.00 34.84 40.71 38.00 36.77 42.86 40.00 38.71 45.00 42.00 40.64 47. 14 44.00 42.58 49.28 46.00 44.51 51.43 48.00 46.45 63.57 60.00 48.38 65.71 52.00 50.32 57.86 64.00 52.26 60.00 56.00 54.19 fi 8.00 56 .13 60. 00 58.0S 60.00 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 '! 28 1.79 3. 57 5.36 7.14 8.93 10.71 12. 50 14.29 16.07 17.86 19.64 21.43 23.21 25.00 26 .79 28.57 30.36 32.14 33.93 35.71 37. 50 39.29 41.07 42.86 44.64 46.43 48.2 1 50.00 30 1.66 3.33 5.0U Widower and one child S57 .50 28 30 31 1.85 1.92 2.05 l 3.83 3.7 1 2 4.11 5.56 6.16 5.75 3 7.42 8.2 1 7.67 4 9.27 10.27 9.5 5 12.32 1 1. 50 11. 13 6 14.37 13.42 12.98 7 15.33 14.84 8 16.43 17.25 16.69 9 18.4 8 20. 5-1 19. 17 18.5 5 10 20 .4 0 22.5 9 11 21.08 ll 24.6-1 23.00 22 .26 24.92 24 .11 13 26.70 14 25.97 28.75 26.83 30. 0 16 28 .75 27. 82 29.68 16 32 . 6 30.67 l.7 34 .9 1 32.58 31. 53 18 36.96 34. 50 33.39 39.02 19 36.42 35 .24 20 41.07 3 .33 37. 10 21 43 .12 40.25 38.95 22 45.1 8 42. 17 40.8 1 23 47 .23 44 .08 42.66 24 49.28 46.00 44.52 25 51.34 47.92 46.37 26 53.39 49.83 48. 22 27 55.44 5 1.75 50.08 28 67.50 53.6 6 51.93 29 55.58 53.79 30 57. 50 55. 64 31 57.50 Widower and Two chi ldren 1 2 3 4 5 6 7 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 2.32 4.64 6.96 9.29 11.61 13.93 16.25 18.57 20.89 23.21 25.54 27 .86 30. 18 32.50 34.82 37.14 39.46 41.79 44.ll 46.43 48.75 51.07 53.39 65.71 58.04 60.36 62.68 65.00 30 2.17 4. 33 6.50 8.67 10.83 13.00 15. 17 17.33 19.50 21.67 23.83 26.00 28. 17 30 .33 32.50 34.67 36.83 39 .00 41.17 43.33 45 .50 47.67 49.83 52.0 0 54.17 56.33 58. 50 60.66 62.83 65. 00 $65.00 31 2. 10 4. 19 6.29 8.39 10.48 12.58 14.68 16.77 18.87 20.97 23.06 25.16 27.26 29.35 31.45 33.55 35.64 37.74 39.84 41.93 44 .03 46.13 48.22 60.32 52.42 54.51 56.61 58.71 60.80 62.90 65.00 �38 WORKMEN'S COMPENSATION ACT Man, wife nnd ono child 1 2 8 4 5 6 7 8 0 10 11 12 13 B 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 28 2.'11 4.82 7. 23 9. 64 12.06 14 .46 16.87 19.29 21.70 24.11 26.52 28.93 31.34 33.75 36.16 38.57 40.98 43.39 45.80 48.21 50 .62 63.04 65.4 5 67 .86 60. 27 62.68 66.09 67,50 $67.60 31 2. 18 4.35 6.53 8.71 10.89 13.06 15.24 17.42 19.60 21. 77 23.95 26.13 28.31 30.48 32.66 34 .84 37 .02 39 . 19 41. 37 43.55 45.73 47.90 50 .08 62 .26 6•1. 44 56.61 G0 .75 68.79 63,00 60.97 65.25 63.14 67.50 65.32 67.50 30 2.25 4 .50 G.75 9.00 11 .25 13.60 15. 75 18.00 20 .25 22.60 24.75 27 .00 29.25 31.50 33.75 36 .0 0 38.2 5 40.50 42.75 45.00 47.25 49.50 51.75 54 .00 56.25 58.5 0 Man, wife nnd two children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 28 2.68 5.86 8.04 10.71 13.39 16.07 18.75 21.43 24.11 26.79 29.46 32.14 34.82 37.50 40 .18 42.86 46.53 48.2 1 50.89 63.57 66.25 68.93 61.61 64.28 66.96 69.64 72.82 76.00 30 2.50 5.00 7.50 10.00 12.50 15.00 17.50 20.00 22.50 26.00 27.60 30.0U 32.50 85.00 37.5 0 40.00 42.50 45.00 47.50 60.00 52.50 65.00 57 .50 60.00 62.50 66.00 67.50 70.00 72.50 75.00 $75.00 31 2.42 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 60.81 53.22 55.64 68.06 60.48 62,90 65.32 67.74 70.16 72.58 76.00 Widower nnd three child ren 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.59 6. 18 7.77 10.36 12. 95 15.5 4 18. 12 20 .71 23.30 25.89 2 .48 31.07 33. 66 36.~5 38.84 41. -13 44. 02 46.6 1 49. 19 51.78 64. 37 66.96 69.65 62.14 64.73 67.32 69.9 1 72.50 30 2.42 4.83 7.26 9.67 12.08 l i1. 50 16.92 19. 33 21. 76 24. 17 2G .58 29.00 31.4 2 33.83 36.25 38.67 41. 08 43.50 45.92 48. 33 50 .75 53.1 7 65.58 68.0 0 60.<12 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 .4 2 39.76 42. 10 44.44 46.77 49.11 61.45 53. 79 66.13 58 .47 60.8 1 63. 15 65.48 67.82 70. 16 72 .50 Widower nnd four children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 lfl 19 20 21 22 23 24 25 26 27 28 29 30 Sl 28 2.86 6.71 8.57 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 48.57 61.43 54.29 57 .14. 60 .00 62.86 65.72 68.57 71.43 74.29 77.14 80.00 30 2.67 5.33 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 63.33 56.00 58.67 61.33 64.00 66.67 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.53 6.16 7.74 10.32 12.90 15.48 18.06 20.64 23.~l 25.81 28.39 30.97 33.55 36 .13 38.71 41.29 43.87 46.45 49.03 61.Gl 64. 19 56 .77 59.35 61.93 64.52 67.10 69.68 72.26 74.84 77.42 80.00 -' ··--(! 1 �WORKMEN'S COMPENSATION ACT Mnn, wife nnd three children 1 2 3 4 5 6 7 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 2.95 6.89 8.8•1 11 ,79 14.73 17. 68 20.62 23.57 26. 52 29.-15 32 .4 1 3 5. 36 38.30 41. 25 44 .20 47 . 14 60. 09 53.04 65.98 68.93 61. 87 64.82 67. 77 70.71 73.6 6 76.61 79.55 82.50 30 2 .75 5.50 8.25 11. 00 13.75 16 .50 19.25 22.00 24.7 5 27. 50 30.25 33.00 35 .75 3 .50 41. 25 44. 00 46.7 5 49.50 52.25 65.00 67 .75 60.50 63.25 66. 00 68.75 71.60 74.25 77.00 79.7 5 82.50 S82.50 31 2.6 6 6.32 7.98 10.64 13 .31 15.97 18.63 21.29 23.95 2 6.61 29 .27 31. 93 34.GO 37. 26 39 .92 -12. 58 45.2'1 47.90 50 . 56 53.22 55.89 58.6 5 61. 21 63 .87 66.53 69.19 71.85 74. 51 77 .17 79.S4 82.50 MIL"Ximum 1 2 3 4 6 6 7 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 3.21 6.43 9.64 12.86 16.07 19.29 22.50 25.71 28.93 32.14 35.36 38 .57 41.78 45.00 48.21 51.43 64.64 67.86 61.07 64 .28 67.50 70.71 73.93 77.14 80.36 83.67 86.78 90. 00 30 3.0 0 6.00 9.00 12.00 15.00 18.00 21.00 24.00 27.00 30.00 33.00 36.00 39.00 42.00 45.00 48.00 51.00 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 78.00 Rl.00 84.00 87.00 90.00 $90.00 31 2.90 5.81 8.'il 11.61 14.52 17.42 20.32 23.23 26.13 29.03 31.94 34.84 37.74 40.64 43.55 46.46 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 87.10 90.00 39 Widower nnd fiv e children 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2•1 25 26 27 28 29 30 31 28 3.13 6 .2 5 9. 38 12.50 15.63 18.75 21. 8 25.00 2S.13 31.25 34 .38 37.50 40.63 43.7 5 46.88 50.00 53.13 56.25 59.38 62.50 65.63 68.75 7l.88 7 5.00 78.13 81. 25 84.38 87.50 30 2.92 5.83 8. 75 l l.67 14. 58 17.50 20.42 23.33 26 .25 29 .17 32.08 35.00 37 .92 40.83 4 3.75 46.67 49.58 52.50 55 .42 58.33 61.25 64 . 17 67.08 70 . 00 n.n 75.83 78.75 8 1.6 6 84.58 87.50 $87 . 50 31 2.82 5.Ji5 8.-17 1U9 1'1.11 15.94 19.76 22. 58 25. 40 28 .23 31.0 5 33.87 36.69 39. 62 •12.34 4 5.)6 47.98 60.8 1 53.63 56.45 59 .27 62 . 10 6•1.92 67 .74 70. 56 73, 39 76.21 79.03 81.85 84.68 87.50 �. 40 WORKMEN'S COMPENSATION ACT Tnblc showing nmount by months nnd dnys, figured on basis o·f one child at rate of $120.00 ])Cr year. Month or day or 28 dny 30 day 31 day Months dnys month month monlh 1 $10.00 1 .36 .33 2 20.00 .32 2 .71 .67 3 30.00 .65 ll 1.07 1.00 4 40. 00 -98 4 1.43 1.33 6 1.29 50.00 6 1. 79 1.67 6 1.61 60.00 G 2.14 2.00 1.94 7 70.00 7 2.50 2.33 2.26 8 80.00 8 2.86 2.67 2.58 9 90.00 9 3.21 3.00 2.90 10 100.00 10 3.57 3.33 a. 2a 11 110.00 11 S.93 3.67 3.55 12 120 .00 12 4.29 4.00 S.87 13 4.64 4.33 4.19 14 5.00 4.67 4.52 15 5.36 5.00 4.84 16 5.71 5.33 5.16 17 6.07 5.67 5.48 18 6.43 6.00 5.81 19 6.78 6.33 6.13 20 7.14 6.67 6.45 21 7.50 7.00 6.77 22 7.86 7.33 7.10 23 8.21 7.67 7.42 24 8.57 8.00 7.74 25 8.93 8.33 8.06 26 9.28 8.67 8.39 27 9.64 9.00 8.71 28 10.00 9.33 9.03 29 9.67 9.35 30 10.00 9.68 31 10.00 �Peace Officers Inde1nnity Fund CHAPTER 83-ARTICLE 2 R. s. 1931 Section 83-201. 83-202. 83-203. 83-204. 83-205. 83-206. 83-207. 83-208. 83-209. Wyoming peace officers' indemnity fund. Officer s included. Limit of idem nity paid. P ayments to fund by counties. Payments to fund by state. Report of accident. Order of Court. P ower of State Tr easurer . Appeal by State Treasurer . 83-201. Wyoming P eace Officers' Indemni ty Fund. The fund accumul ated under this Article shall be known as t he Wyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintai ned as herein provided for the purpose of providing indemnity to all penitentia ry wardens, deputy penitentiary wardens, penitentiary guards; guards of the Wyoming Industrial Institute, including the Superintendent and his deputies; agents of the State Department of Law Enforcement, and the Commissioner of such Department and his deputies, State Coal Mine Inspectors, and deputies, State Game and Fish Commissioner, and his assistants and deputies, and States 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 officers 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 date on which this section is to take effect. [L. '31, c. 71, § 1, amending L. '23, c. 97, § 2. 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 acco'°ding to the -compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such in- �42 WORKMEN'S COMPENSATION ACT juries w: re received, and the procedure and for under thi s Article shall be as near as b ms may e theprocedure and fo rms provided by tl1 W 1 . e orunen's Compensation Law, it being intended that th W • p . e yorrung eace Officers' Indemnity Fund shall b d • • e a rrurus ter ed by the State Treasurer as near . .as may b e 1n the same . manner _as the Wyoming Work1 m_en ~ Compen at1on Law 1s administered, and that orde1s of award a nd .a ll other court procedure shall b e enter ed and conducted as near as may b · .h em accor d;i-nce Wlt t h~ procedu re provided by the Workm en Co1:1pen _at_1on L~w, and that any of the above peac_e office r s mJured m the line of his duties shall r ece~ve the same co-~1pensation which he would have 7·ece1ved had he received the sa me injury while working _for a n employer con trib uting to the Industrial Accident Fund, and sha ll receive the indemnity in the same man ner. [L. '23, c. 97, § 3. 83 -204. Pay ments to F und by Counties. Every county of the State of Wyoming is hereby required to p ay into the State Treasur y for the benefit of t he Wyoming P eace Off icers' Indemnity Fund a s um of money equal to one and one-half per cent ( 1 2 % ) of the money earn ed by each of its salaried sheriffs, deputy sheriffs, under sheriffs and constables during each calendar month in which they s hall be employed. Such payment shall be so made on or 'oefor e t he fifteenth day of t he month following t he month fo r which such payments are computed and paid. The State Treasurer shall keep a separ ate acco unt fo r each county so contributing to said fun d, and shall charge against the account of each county all wa r rants paid from the Wyoming Peace Offi cers' Indemnity Fund: (a) As awards for injuries to the above named peace officer s of s uch county: (b) In payment of medical or hospital attendance of such peace officers of such county; (c) In pavment for the investigations of injuries of such pea~e officers or in payment of investigations into the manner in which such injuries were received; (d) In payment of witness fees in cases where• in 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 (mcluding 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. �WORKME N'S COMPE NSATION ACT 43 83-205. Payments to F und by State. T he State of Wyomi ng hereby pledges itself to contri bute by biennial appropriations a sum of money equal to one and one-half per cent (!1,~% ) of t he mon eys earned by each of s uch peace officers in its employ, and agrees t ha t it s a ccoun t h all 'oe kept as near as may be in the manner in which t he .accoun ts of the coun t ies a re required t o be ke pt under t he provisions of thi s a rticle, and that simi la r charges fo r amoun ts paid out on account of or on behalf of injuries to its peace office rs shall be cha rged against its account . The tate of Wyoming fu r ther pledges itself that in th event its accou nt is overdrawn that it sha ll contribute 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. [L. '23, c. 97, § 5. 83-206. Report of Accident. Reports of accidents covering in juries to its peace officers shall be filed by the counties in the ame manne r and a t the sa me time as such r epor ts are requi red to be filed by employer contributing to the Industri al Accident Fund, and each State officer shall make similar reports to the cour ts of nil injuries to peace office rs employed in his depa r tment. [L. '23, c. 97, § 6. 83-207. Order of Court. Ever y ord er given and made by the Di str ict Cour t or J udge awa rd ing pa yment from the Wyoming P eace Office rs' Indemnity Fund to an injured peace offi cer or his dependent family shall be entered of record by t he Clerk of the Court -w here given and t rue copies thereof shall be immediately made and certified by said clerk and forwarded t o the State Auditor a nd State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a record to be known as the Indemnity Docket, and shall be the authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming Peace Officers' Indemnity Fund, and for the State Treasurer to pay such indemnity a wards from suc'h fund. [L. '23, c. 97, § 8. 83-208. Power of Sfl'.lte Treasurer. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this article. [L. '23, c. 97, § 9. • 83-209. Appeal by State Treasurer. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the District Court. The Attorney General shall act as the �44 WORKMEN'S COMPENSATION ACT attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. {L. '23, c. 97, § 10. • �Coal Mine Catastrophe Insurance Fund CHAPTER 57-ARTICLE 7 R. S. 1931 / Section 67-701. Definition. 67-702. Payment by coal m1rung companies. 57-703. Losses in excess of $26,000 to be paid from fund. 57-704. Separate accounts to be kept. 57-706. U se of fu nd limited. 57-706. Penalty for failure to pay premium. 67-707. Authority to contract with insurance companies. 57-701. Definition. The word, " catastrophe," as used in this Art icle means a disaster in a coal mine or mines causing the payment thl'ough the operation of the Workmen's Compensation Law of t hi s State out of the Industri al Accident Fund of an aggr egate more than Twenty-five Thou and Dollars in compensations to workmen killed and injured and their dependents, growing out of any one accident or occurance, or series of accidents or occurrences arising out of one event. [L. '25, c. 159, §1. 57-702. Pa,yment 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 emloyer 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 months, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the moneys so received to be placed by the State Treasurer in a fund to be denominated Cata~trophe 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 One Hundred Thousand Dollars ($100,000.00), whereupon .such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund, is �46 WORKMEN'S COMPENSATION ACT below One Hundred Thousand Dollars ($100,000 00 . all such pay ments shall be credited general} t • I)' I n d us t na • I A cc1<lent • Fund instead of " · Y o .t 1e • . . oemg credited to any mcliVJdual employer contributing to either the Cata st rophe Insurance Premium Fund th • or e I n d ustnal Accident Fund. [L. '25, c. 159, § 2. 57-703. Losses in Excess of $25,000 to Be Paid from Fund. In consideration for such payments m ade or to be made from the Catastrophe Insurance Premium F und, the Industrial Accident Fund in the hands of the State Treas urer is hereby made a catast r ophe insurer as to catastrophes to the extent t?at such cat ast r ophes cause loss·es above Twentyfive Thousand Dollars to the Industrial Accident Fund. The f irst Twenty-five Thousand Dollal's of such loss hall in every case be charged against the employer in who · e mine or mines the accident may h ave occurred. The amount over Twenty-five Thousand Dollars shall be paid' from the Industrial Accident Fund and not charged against the employer in who se coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insurance Premi um Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to Be Kept. The State Trea urer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the Catas~rop~e In surance Premium Fund with all moneys by_1t paid into the Industrial Accident Fund and charg!ng the Catastrophe Insurance Premium Fund w~th all amounts paid out for catastrophes as herem provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insurance Pr~miu_m Fund' as herein provided shall ever be applied ~n 1y .~va~ other than by payments to the Industnal c~1 en Fund as herein provided. [L. '25, c. 159, § • 57 706 Penal~y for Failure to Pay Prerniudm. • • t ed b Y the . Treasurer un the er The •inspectors appom t for Section 124-119 shall also ~ft :-s msf~~:r;remiums purpose of enforcing the co ec ion o . coal mines. due the State from employers opefatmgshall fail or And if in any .case any such emp ~?'trmonthly payrefuse to pay the prem~u~tl~n h~ shall be guilty roll as is required by this c e nished by a fine of a misdemeanor a~d shall d~:/($ 500.00) Dollars of not more than Five ~un. . shall be the duty and in addition to the said ~mt~1t Staie to immedof the Attorne;,r ~eneral o o~ the State in the iately bring smt m the name t for the beneDistrict Court for the proper coun ~remium Fund, fit of the Catastrophe Insugnc:ollection of suc.li against such employer for e �WORKMEN'S COMPENSATION ACT 47 premium, 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 hall be for double t he amount of the Premium provided by this Article, together wit h cost . [L. '25, c. 159, § 6. 57·707. Authority t,o Contn:ict With Insurance Companies. The State Treasm·er, should he deem it advisable, is hereby authorized and empowered to make contracts on behalf of the State of Wyoming and the In dustrial Accident Fund with a n insurance company or companies, to provide fo r payment into the Indu. t ria l Accident F und' by t he insuring company or companies of a sum equal to the ultimate net loss which the Indu trial Accident Fund has or shall sustain by reason of any catastrophe, all for the purpose of authorizing the tate Treasurer to rei nsure the said atastrophe r isk with an insurance company or companie . The premium for any contract of reinsurance shall ·oe paid by the State Treasurer out of the Ind ustrial Accident Fund and charged against the account of the catastrophe Insurance Premium Fund. Every cont ract of r einsurance shall specify that the insuring company or companie reinsure the Industrial Accident Fund from los by reason of catastrophes during the term of such insurance, within the limit as to amount expre sec! in the contract, a nd that the in uring company waives all right to que tion any award fo r claims growing out of a catastrophe or claimed to grow ou t of catastrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen's Compensation Law, and will abide by such awards, and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of such insurance under catastrophe awards. Each contract shall also provide that the insuring company disclaims all right to appear in or contest any proceeding under the Workmen's Compensation Law. No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by an insurance company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of the employer in whose mine the catastrophe accurred. [L. '25, c. 159, §7. � 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 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. May 1st 1933 Subject The topic of the resource Workman's Compensation Act, 1933 Description An account of the resource A booklet documenting one of the Workman's Compensation from May 1st 1933. 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 H.R. Weston Identifier An unambiguous reference to the resource within a given context 1-0238 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.