14 10 348 https://haylibrary.cvlcollections.org/files/original/3b0dbef661368ede7eb2de0b705de407.pdf 1cfe3c50fa5c4094a96b8b7b430faedc PDF Text 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 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 "Siskol" Coal-Cutter Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1949 Subject The topic of the resource A booklet containing illustrations of and information about various machines. Description An account of the resource Brown booklet held with twine. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource International Channeling Machines LTD. Sheffield. Identifier An unambiguous reference to the resource within a given context 1-0031 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/7edc9d79439e8d27ac87dbba97da0076.pdf f4ba361fcbeb8ca80fd9bf00e5606d3a PDF Text 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 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 "Siskol" Electric Header Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1929 Subject The topic of the resource Information and diagrams illustrating the portable coal cutting device, "Skiskol" Electric Header. Description An account of the resource 6" x 9" booklet with grey and blue cover. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource International Channeling Machines ltd. Sheffield. Identifier An unambiguous reference to the resource within a given context 1-0036 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/905f2e76a220bacbfce2ead81fd02186.pdf 37c679b92bef247464b414957467231f PDF Text Text -lHHE-**************·lE-*-X··X·*·X·******•:f-l<-o'❖ ·X··X-·lE-*·lE-·lE-·lE-******** '***********·lHC·*·****-*-X·*·lE-***·X-·lE-*·X-*·X--X··X··X-·X-**·lE--l(•******* STATE OF WYOMING W(())lTI{lWEl\T9§ (()OMIPJEN§Alil(O)N ACl PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Tlzereto With All Amendments to Date MARCH 1, 1935 Compiled By J. KIRK BALDWIN, STATE TREASURER CHEYENNE, WYOMING �STATE OF WYOMING I I ,II' Workmen's Compepsation Act PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Thereto With All Amendments to Date MARCH 1, 1935 Compiled by J. KIRK BALDWIN, STATE TREASURER Cheyenne, Wyoming 1/ I ~ I' �WORKMEN'S COMPENSATION ACT CHAPTER 12-l R. S. 193 1 Section . 124-101. 124-102. 124-103. Prairie Publishing Co. Casper, \'{yo . . 1935 ~ Name o f law. General p rovis ion s. Provisions exclu siv e, comp ul ory and ob ligatory. 124- 104. Extra-h:iza rd ous occ upations defined . 124-105. Exceptions . 124-106-7 . Definition s. 124-108. Guardian may act fo r persons un de r di sab ili ty. 12-t-109. If other tha n em ploye r is liable. 12-t- 110. T his chapter governs as to liability of employer. 124-111. Blank forms s uppl ied by state treasurer. 124-112. R epo rts of accident. 12-t-113. I 11\'estiga tion by th e di strict judge-Procedure in di sputed cases. 124-11-+. Appeal to sup rem e court. 124- 115. Cou rt ord er record ed - Copies to auditor and treas urer. 124-116. Industrial accident fund-Appropriation 1 124-117. Employers' assessments. 124-118. Filipg of payrolls with state treasurer.124-119. In spectors - 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. 124-12-t. Exemption from execution or attachment. 124-125. :Minor workman. 124~126. Extra-hazardous public work-Cont,act work. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physician$ required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. 12-l-13-t. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. �4 WORKMEN 'S COMPENSATION ACT *124-136-A. Closing of accounts. .124-136. Actions against employer independent of chapter. 124-137. Reopening of cases. 124-138. Bills to be itemized-Time ~f filing. 124-139. Notification by doctor. 124-140. Awards. 124-141. Deferred payment account. 124-142. Bribery. 124-101. Name of law. This chapter shall be known as the "workmen's compensation law." [L. 'IS, c. 124, § 1; C. S. '20, § 4315. Workm~n•s con1pc~s~tion act wou)d be ,·alid as to the remainder «:ven _1£ the_ prov1s1on for non-payment for the first ten days was mvahd, being severable. Zancanelli v. Central Coal & Coke Co., 25 Wyo. 511, 173 P . 981. \V_o~kmen's compensation act is \talid , and not contrary to any prov1S1on of the state or federal constitutions. Id. \Vorlancn's compensation act docs not violate amendment to «;onst.,, a~t. l 0, § 4, providing compensation "to each person inJ!!red, . m that no compensation is allowed for first 10 days of d1sab1hty. Id. . Workmen's compensation act, § 124-113, does not deny the nght of an cmployc to be represented by counsel in view of § 124•128, relating to fees of attorneys. Id. ' Workmen's compensation act is not unconstitutional in that the provision that children over the age of 16 shall not be considered dependents unless incapacitated. Id . \Vorh.--rnen's compensation act is not unconstitutional in that nonresident alien family of deceased employc shall receive only 33 per cent of amount allowed to residents of state. Id. This chapter held, not based on unreasonable classification, citing canst. art. l § 34. Ideal Ilakery v. Schryver, 43 \¥yo. 108, 299 P. 284 . Under § 124-124. providing that no money payable under this chaipter. shall, prior to issuance and delivery of warrant therefor, "pass to any other person by operation of law," the rights of an injured employe to , compensation provided for in §§ 124•102, 124-103, 124•113, did not pass to his administrator as an asset of his estate on his death after a ward had been made, but before tbe issuance or delivery of the warrant provided for in § 124-115, since in its ordinary and usual sense within § 112-101, the phrase ccby operation of Jaw," when used to describe a method by which title to property is transferred. includes a transfer by intestacy. La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587. This chapkr cited in State v. Carter, 30 Wyo. 22, 43, 215 P . 477, 484. Findings on evidence in compensation contest conclusive. Standard Oil Co. of Indiana v. Sulliivan, 33 Wyo. 223, 237 P. 253. Award not conjectural, though different finding justified. Id. Under this chapter there is a prima facie right to compensation when disability or death is result of an injury sustained in ext;ahazardous employment and the right thereto should not be demcd unless the injury was due solely to the negligence of the work• man whose injury or death is the basis of the claim, and the burden of proving such affirmaitivc defense is on the employer, in view of § 124-112. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 542. '.Total disability sl:ould not be declared permanent, unless cer• tam. Carter Oil Co. v. Gibson, 34 \Vyo. 53, 241 P. 219. Evidence held, to justify finding that total disability was per• manent. Id. Legislature may impose duty on court reporter of making transcripts oi compensation cases free of cost. In re Winborne, 34 Wyo. 349, 244 P. 135. .__,...__,it-=: •T ~ hi;,:;s.,;s~e~c,tion omitted in R. S. 1931. WORKMEN' S COMPE NSATION ACT 5 This chapter cited in construing §§ 124-1 04 and 124-IO i. In re Karas, 34 Wyo. 35 7, 243 P . 593. Rule that ~n case o f conflic ting evidence appellate court wiJl not . reverse Judgment support ed by substantial evidence, hc1 d, a.pphcable to cases under this chapter. ?\fcl\f ahon v. Midwest Refining Co., 36 Wyo. 90, 252 P . 1027. This chapter cited in constru ing certain sections hereof. In re Hibler. 37 Wyo. 332, 26 1 P . 648. This chapter cit ed in R cin lsma v. Standard Oil Co., 37 W yo. 4il, 263 P . 619, annotated under § 124 114. Cited in construing ~ 124-112. In re ~rartini, 38 \,Vyo. 172, 265 P . 70i . In re McConnell v . l\lu rphy Ilros., 45 \Vyo. 289. 124-102. General pro"isions. Compen sat ion herein provided for shall be paya ble to persons in jured in extra-hazardou s employm e nts, as herein defined, or the dependent fam ilies of such, a die, as the r esult of such injuries, except in case of injuries du e solely to the culpable negligence of the in ju red cmp loyes. Said compensation shall be payable from fund s in th e state treasury to be acc umul ated and maintained in the maner herein provid ed. The right of each empl oye to compen sation fr om such fund s shall be in lieu of and shall take th e place of a ny a nd all rig hts of act ion against any employe r contributing, as required by law, to such fund in favor of a ny such person or per sons by reason of any such injury or death. Sections 23129, 89-403 and 89-404, and all laws or parts of law s relating to damages for injuries or death from injuries ::ir in anywise in conflict with this chapter are hereby repealed, as to the employments, emplpyers and employes coming within the term s of this chapter. [L. '15, C. 124, § 2; C. S. '20, § 4316. Quoted in Zancanelli v. Central Coal & Coke Co., 25 Wyo. 51 l, 173 P. 981: and in Ideal Bakery v. Schryver, etc., 43 Wy o. 108. 299 P. 284 . Cited in La Chappelle v. Union Pacific Coal Co., 29 \¥yo. 449, 214 P. 587. annotated under § 124-101. The word 11 solely," as usc<l in Const. art. 10, § 4, and this section. enacted pursuant to authority there given, is a word of exclusion. and may he usecl to mean "'only" or "e..xclusivcly, 0 and as used must be given a reasonable meaning, in view of the known policy of thiis chapter. Hotelling v. Fargo--\Vestern Oil Co .. 33 Wyo. 240, 238 P . 542. Proof held. insufficient to sustain affirmative defense that workman's death was due solely to his own negligence; fellow workman's negligence immaterial. Id. City cmploye, injured while impounding animals, which occupation was not within compensation law, could not recover compensation, though also employed as truck driver, which was within law. 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 pers·onal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, -compulsory and obligatory upon both employers and employe_§ cpming wit!}i_n the provisions hereof. [L. 'IS, c. 124, § 3; C. S. '20, § 4317. Q;oted in Zancanelli v. Central Coal & Coke Co., 25 \¥yo. 511, 173 P. 981. Cited in La Chappelle v. Union Pa~ific Coal Co., 29 Wyo. 449, 214 P. 587, annotated under § 124•101. �\VORIOI EN'S CO ~[ PENSATI ON ACT WORKMEN 'S COMPENSATION ACT 124-104. Extra-Hazardous occupations defined. The extr~-hazardous occupations to which this chapter is ap?h~able arc as follows : Factories, garages, mills, prmtmg plants and wo rk-shops where m achin ery is used; foundrie s, blast furnaces, mines, oil well s, oil refineries, gasoline filling stations a nd bulk oil s tations, gas works, nat ural gas plants, water works reduction works, b. r e we r i es, distilleries, eleva~ors, dredges, c.,cavations, transfe r compa nies, genera l teaming, general trucking, ditch rid er of irrigation districts, smelters, powder works, laundries _operated by power, kitchen ~mpl oyees a nd waiters, whose employment requires th em to go to an d from kitchens. of hotels, restaurants, a nd bakeries, quarries, eng in ee ring works, logging, lumber .yard s, lumb ering a nd saw mill operations, dud e ranchin g . s treet and interurb an railroads not e11gagecl in interstate commerce, buildings being constructed , r epaired, m oved o r demolis hed, painting operations, tele,r>Iio nc, teleg raph, electric light or power plants or lines, steam hea ting or powe r plants, railroads not e ngaged in inter state com merce, bridge building, the occupations of city or tow n firemen and city q_r town policeman, and all empl oy ments wherein a PI.occss rcguiring the use of a ny dangero us 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 a nd in which, from th e nature, conditions or means of prosecutio n of th e work therein required risks to the life ai1d limb of the workmen engaged therein arc inherent, necessary or substantiallv unavoidable. This chapter shall not apply in any ~ase where the injury occurred before this chapter takes effect, and to al1 rig hts which have accru~d by reason of any such injury prior to the taking effect of this chapter, shall he 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, § I; C. S. '20, § 4318; S. L . '35, c. 100. 124-106-7. Definitions. In this chapte r unl ess the context otherwi se r equ ires: • Questions of neg-Ji(!"encc ior injury rccei,·c<l in extra-hazardous occupations stake!. Hotdling "· Fargo-\Vcstcrn Oil Co .. 33 \\'yo. 240. 238 P . 542. PJa.stercr. contracting- to mo,·e hou se :ind hiring helper. held. employer rnl,!ag-e<l in moving huiildings. In re Karas, 34 ,vyo. 357, 243 P. 593. Cited in L esliP , ·. 1ity o f Ca sper. 42 Wyo. 44. 288 P . 15, annotat ed under § 124-102. Quot<:<! in Ideal Bakery "· Schry ver, etc., 4J \\' yo. 108. 299 P. 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which. accordini! to law arc so engaged in interstate commerce as to be 1iot subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any cmploye engaged in domestic ser_vice, ranch, farm, agricultural, or horticultural labor, or stock raising, or any person holding an appointment as sheriff, or deputy sheriff, or constable or deputy con stable. [L. '23. c. 60, § 2, an1ending ~§4319. 7 (a) "Factories" mean an y prem ises wh er e power is used in manu factur in g, mak ing, altering, adapt in g, ornamentin g, fin ishin g, r epairi ng or renovating, any article for the pu rpo_e of trade or gain, or the business carired on th erein , inclu din g expressly any brick ya rd, meat packing hou se, fou nd ry, m elter, ore reduction works, lime-burning plant, stucco plant, s team hea ti ng plant, electr ic lig htin g or power pla nt, incJ.ud ing all works in or dir ectly co nnec ted with th e construction, in stalla tion, operat ion, alteration, r emo \·al or repair of wires, cables, s witch boa rds or apparatus use d fo r th e transmi ssion of electric current, an d water power plant, including towe r and standpipes, po wer pla nt, blas t fu rnaces, paper m ill, pri ntin g plant, flo ur mill, glass factory, cemcn~ plant, artificial gas plant, machine or r epair s hop, oil plant, oil refinery plan t and chemical manufact ur ing plant; (b) "V.rork shop" means any yard, plant, premises, room or place where powe r dri ven ~1ach ine ry is employe d and manual labor is exe rcised by way of trade or gain, or otherwise inc idental to the process of making, altering, r ep ai ri ng, printi ng o r orna mentin g, finishing or adaptin g for sale or oth erwi se an y article or part of ar ticle, over wh ich premises, room or place th e employe r of th e person \yorking therein has the right of access or con trol; (c) " :Mill" m ea ns any plant, premises, room o r place where machinery is used, any process of machinery, changing, alterin g or re pairin g any art icle or commodity for sale or otherwise together with the yard s and premises which are a part of the plant including elevators, warehou ses and bunkers, saw mill, sash factory or other work in the lumber industry; (cl) "Mine" means any opening in the e<!I,th 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 tl1ose in the course of being opened, sunk or driven. and includes all the appurt~nant structures or machinery at or about the openings of the mine, and any adjoining adjacent work place where the material from a mine is prepared for use or shipment; (e) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise removed from the earth · for · the purpose of trade or bargain or of the employer's trade or business; t (f) ''.Building work" means any work in the erection, construction, extension, decoration, alteration, _repair or demolition of any building or structural ap- . purtenances; (g) "Engineering work" means any work in the construction, alteration, extension, repair or demolition of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any lj �I /8 ?f' WORKMEN'S COMPENSATION ACT / ' /work in ?redgjn_g, work . on log or lumber rafts or bo~ms; i;iile dnv1:i?", movmg buildings, moving safes, or m laying,_ repam_ng or r~mo".ing u~1derground pipes and C~l!..nections;. the erection, mstallmg, repairing, or remo:'mg o~ bo1l~rs, fun_1aces , engin_~s and pow er machmery (m~ludmg_ bcltmg and other conections) ; '.3'lld any work 111 gra_gmg or excavating where shoring 1s neceJsary or pow~r machinery or blasting powder dynamite or other high explosive is in use (excludin g mining and quarrying); (g-1) "Dude ranching" for the purpose of thi s cha~ter is defined and !!J.ea_ns a ranch_ conducted primarily for th~ accomodat1on and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person or body of persons, corporate or incorporate and the le!f11 representative of a deceased employe; or the receiver or a trustee of a person, corporation association or partnership; ' (i) "Vvorkman" means any person who ha s ente r ed 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 clerica_l work, aJ_1d_ 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 include "work-ma!!" 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 inco!}'lpetent 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 the workman for support at the time of the injury. No spouse shall be entitled to the benefits of this chapter nor shall such fact influence any awards made hereunder unless he or she shall have been married to the workman by a marriage duly solemnized by legal ceremony at the time of the injury; (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under eighteen (18) years of age and girls under eighteen (18) years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be, at the time of the injury; the foregoing definition of "dependent families" sh_all not }n_clude any of the persons named, who are aliens res1dmg beyond the jurisdiction of the United States o~ America, except a surviving widow or boys . u~der eighteen (18) years of age or girls under ~!e':~ 08) years of age, or parent or parents, and ~ --~uch non-resident aliens the rate of compensa- WORKMEN 'S COMPENSATION ACT 9 tion shall not exceed thirty-three and one-third per cent (33½ % ) of the rates of compensation herein provided; (I) The words "injuries su stained in extra-hazardous employment," as used in thi s cha pter, shall include death resulting from injury, and in juri es to employes, as a result of their employ ment and while at work in or about the premises occupied, used or co ntro ll ed by the employer, and injuries occ urrin g elsewhere w hile at work in places where th eir em ploye r's bu sine s requires their prese nce and subj ects them to extra-hazardous duti es inc ident to the business, but shall not include injuries of th e em ploye occurring wh il e on his way to ass um e th e duti es of his employment or after leaving such duties, the proxim ate caus e of which injury is no t the employer's negligence; (m) T_he words " injury and personal inj ury" shall not include injury ca used by th e wilful act of a thi r d person directed aga in st an em ploye for r easons personal to such employe, or beca use of hi s employmen t : nor a dis ease, excep t as it shall directl y result from an injury incurred in th e emp loymen t ; (n) "Invalid" mean s one w ho is ph ys icall y or me ntally incapacitated from earning wages. \Vhcther cmploye's work is casual or fo r purpose of employer's trade or bu siness, within thisi section, defining workm an, depen ds on iacts of individu al case. In re Ka ras, J4 Wyo. 357, 243 P . 593. Hou se mover's cmpl oye, driving tractor, held , workman, within compensation Jaw, thoug h employment was casual. l<l. Subdivision (I) held, to include injuries suffered through the performance of all duti es ol the employment, whether m::iin or incidental thereto but called for by it. Ideal Bakery v. Schryver, etc., 4J Wyo. 108, 299 P. 284. Cited In re Martini , JS \\' yo. 172, 265 P. 707, annotated 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 ease any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this chapter provided for, shall run, so long as such incompeten_t or minor has no guardian. [L. '15, c. 124 § 7; C. S. '20, § 4322. 124-109. If other than employer is liable. Where an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability i_n some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in such case such employe shall be left to his remedy at law against such oth_er person, and eq_mpensation s!:!_all not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole I!i �12 WORKMEN'S COYfP ENSATION ACT 1- - - - - - - -- - -- - - - - -- \bY _him ascertained and the terms of this chapter . If here be a_dispute, as to tl~e right o _£said injured emloye or his dependent family t9 receive compensation, r as_to_the amount thereof, then it shall be th e duty ~11f said Judge to set the case down for a hearing a t the earliest possible date and to direct notice of such hearing to be issued by the cl~rk of said ~ourt for servic,; upon the employer and the employe at least sev_en (7~ days_ before the date fixed for said hearing, which said notice shall be served by the sheriff of said county without expen se to either party, except th a t his actual traveling expenses shall be allowed and taxed, as costs. The hearing shall be conducted upon the statement ~nd report filed by the employe r, arid such formal claims as may be presented and fil ed w ith the clerk of the district court by or on behalf of t he injui:e~ workman. If the e1111)loyer, in his report of the miury, all eges that the i1tiury was due solely t o the culpa_Qle negligence of the injured employe, or th a t the cla1pi for compensation is one not coming w ithin the provisions . of this chapter, then a jury may be demanded by either party and the cause shall be tried as a court p..roceeding. If a jury is demanded, it m a; be selected from nan1es dra\\'n from the five mile limit jury box, as in civil cases, at any time in term t ime or vacation unless a regular jury panel be in attendance at the co~rt on th~ date any such hearing may ?ccur. The takmg q_f evidence shall be summary, g iving a full opportunity to all parties to develop the fact s fully. The official c_Qurt reporter of the district court shall attend the hearing anj make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduct the examination of witnesses on behalf of the injured workman, and it sl1all be th e ?uty ~f said attorney to appear and perform s~ch service without ~xpense to either party. The employer may appear 111 person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by !he clerk except fees for witnesses, w ho may be subJoenaed and who shall be allowed the same fees. for atendance and mileage, as is fixed by law in civil actions, and jury costs §.hall also be tax~d. All such c?sts shalJ be paid from the accident fund, if th e ver?1ct a~1d Judgment be in favor of the employer; but if agamst the _employer then he shall pay the costs. At the conclus1on of the hearin g, the court shall enter an order pursu~nt to_ the_ verdict of the jury, if a jury be called, and 1f no Jury be called the court or judge shall render a decision upon the facts and law of the case pursuant to the_ provisions of this chapter~ and make an order allo\1/Jng or disallowing com_Qensation, as t~e law and the evidence may warrant. In-any pro- · cee?mg before a court or judge, as aforesaid, the court ?r Ju1ge sh~ll have . a~tho_rity to appoint a duly qualified llllPartJ~l phys1_c1an to examine the injured employe and_ give testnnony. The fee for such service shall be five doll_ars ($5.00), unless otherwise ordered , by the co~rt, with mileage allowance, as is allowed to _other w1tnes~es, which shal be taxed as costs, and pa1d as other witness fees are paid. The employer or emp 1oye may, at his own expense, also appoint a WO RK MEN 'S COMPENSATI ON ACT 13 qualified phys ician, wh o may e ttend and be present at any such examinati on of a n in jured em ploye a nd give testimo ny at such heari ng or inves tigation. Where an aw ard of compensation has bee n made in favor of an injured employe, a n app lica tion may be made to the court by either party, any _time after o ne year fr9m th e date of the awa rd. for a modificatio n of the am ount of th e award, on th e ground of increase or decrease of inca pacity du e solely to th e inju ry, or upon the ground of mistak e or fraud. [L. ' 15, c. 124, § 12 ; C. S. '20, § 4327, S. L. '33, C. 129, § 2; . L , '35, c. 100. Thi s section does no t deny the right of a.n emp loyc to be rep• resented by counsel , in view o f § 124-128, relating to fees of attorneys. Zancanelli v. Central Coa l & Coke Co. , 25 W yo. 511, l i3 P. 981. Court in co mpensation proceeding held, authorized to secure expert tes timony on effect of injury. though bearing o n ultimate fac t. Saka moto v. Kemmerer Coal Co., 36 Wyo. 325, 255 P. 356. Refu sal to take com pensa tion case from jury after employer admitted there was no evidence o f worlanen's cupable ng ligcnce, held. n ot error. In re Hibler, 37 Wyo. 332, 26 1 P. 648 . Hearsay tes timo ny of deceased employ c's wife, concerning cmployc's s tat ements rlating to inju ry, adm issible where no objection was made at trial. Ideal Bakery v. Schryver, 43 \ Vyo, 108, 299 P. 284. Cited in L a Chap pelle v. Union Pacific Coal Co. , 29 ·w yo. 449. 214 P . 5Si , annotated un de r § 124-1 01. C ited in ~lidwes t Refin in g Co. v. George, 4 1 Wyo. 55, 28 1 P . 1005, annota ted under § 124- 140. ?\I idwcs t R efin ing Co. v. George, 44 \\Tyo. 25. 124-114. Appeal to i,upreme court. A ny ord er given a nd made in an y in vestigation or hearing by a cou rt or judge, pursuant to th e provisions of this chapter, shall µ_e revi ewable by the state supreme court on proceedings in error in the manner prescribed by th e code of civil procedure; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the suprem e court within seventy (i0) days from the date of 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 fi(teen (15) days shall be allowed plaintiff in error thereafter for filing brief, and fifteen (15) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal to . the supre!J.le court is p.rosecuted on behalf of the in'}ured workman, the county and prosecuting 11,ttorne:v, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official court reporter of th_g district w.l!_erein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, transcripted, certified and forwarded to the clerk of the suprem~ court, without CO§t to the iruured workman, and the proceedings in the supreme court, shall be conducted on behalf of the injured workman by the attorney general of the state as part of his official duties, and by any other attorney representing �WORKMEN'S C01v!PENSATION ACT WORKME N'S COMPENSATI O ACT 15 said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ cqunscl to conduct such appeal on his behalf. The court granting a·n appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion ther~of appealed from upon such terms as may to the court seem just and proP._er. [L. '31, c. 73, § 59, amending L. '25, C. }24, § 2 ; C, S. '20, § 4328. shall 'be immedia tely made a nd certifi ed by said clerk and forwarded to t he sta te a ud ito r and sta~ treasurer, respectively, of W yomin g, a nd sha ll be by eac h of said officers entered upo n a r ecord to be kn ow n as the compen satio n docket, and sha ll be the authori ty and direction of th e sta te auditor to issue wa rrants for com pe nsation award against the industrial accident fund a nd fo r the tate trea mer to pay such compensation aw a rds frorp sa id fun d. [L. '15, c. 124, § 14; C. s. '20, § 4329. Law permitting- retention of fees by reporter for transcripts he1d. not to repeal Jaw requiring transcripts in compensation cases to be fumished without cost to parties. In re \Vinborne, 34 \,Vyo. 349, 244 P. 135. Cited in L a Chappelle v. Union Pacific Coal Co., 29 \\"yo. 449, 214 P. 587, annotated unde r § 12·1-101. Cost of transcript, in appeal under thisi chapter, not contingent c,..-pensc payable out of industrial accident fund, nor from interest earned by said fund. 124-116. Industrial accident fund- Appropriation. There is hereby created a fund to be known as the "industrial accident fun d," which shall be held by the state treasurer a nd by him deposited in such ba nks as are auth ori zed to receive deposits of the fu nds of the state. T he treas urer in making sa id deposits shall divide th e said industr ial accide nt fu nd into tw o distinct fund s, one lo be kn o wn as the "ge11eral fund" and the other to be · know n as th e "r eserve fund." The "general fund" as near as may be, shall be used for p~yment 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 meet the demands upon it, in which case the treasurer shall transfer from the "reserve fund" to the "general fund" a sufficient amount to meet the immediate demands upon said "general fund ." The purpose of creating said "reserve fund" is to provide a fund within the industrial accident fund sufficiently large to pay great and unusual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, and .the "reserve fund'.' shall be kept apart from the "general fund," a~d as near as may b!! unus~d in accordl!_nce with said purpose. The state treasurer shall set aside in the "reserve fund" at the end of each month twenty-five per cent (25%) of all moneys received in the industrial accident fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, county, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall become a part of the industrial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be paic! from the accident fu!!d in any court proceeding under this chapter, and all contingent expenses incurr~d in preparing for and in the ad.m inistration of this chapter shall be P,aid from the industrial accident fund ·on proper vouchers and warrants. [L. '31, c. 73, § 60, •amending L. '21, c. 65, § 1; C. S. '20, § 4330. Judgment on substantial evidence in compensation case is conclusiYe. 11fcll[ahon v. Midwest Refining Co., 36 \Vyo. 90 , 252 P. 1027. \Vherc petition in error and record in compensation case were not filed within time limited. the supreme court was without jur,isdiction. Ritsma v. Standard Oil Co .. 37 \Vyo. 471, 263 P. 619. ~fotion for new trial, under this section, n1ust be filed wit.hin 10 days from final order. and, where not so fik-d , error proceedings must be dismissed where motion for a new trial was neces sary. Standard Oil Co. v. Buchanan, 39 Wyo. 372, 271 P. 876. Procedure on appeal in ordinary civil cases applies to cases under compensation act, except as otherwise provided. Id. Assignment of error in motion for new trial not urged in brief is waiYed. Ideal Dakery v. Schryver, 43 Wyo. 108, 299 P. 284. Unless an appeal frOm ::m order, in proceedings under this chapter, is perfected by filin!<' record in supreme court within 30 days thereafter as required by this section, or as extended by order of court or jjudtJC, the supreme court has no jurisdiction of the case on appeal. In re Krivokapich, 41 Wyo. 9, 281 P . 195. F~ilurc of parties appealing from award of compensation proceedtngs to file record within statutory period required dismissal. Id. Case dismissed for failure to perfect appeal in time. l\'[arsh v. Aljoe, 43 Wyo. 345. . Procccdin,qs heh!, rc,·icwablc hy direct appeal except where altered, in \'iew of this sction. Marsh v. Aljoe, 41 \Vyo. 119, 282 P. l055. District court held. authr:irizcd to make second extension order for perfecting appeal to supreme court. Id. Rit::h! of compensation cJaim::mt to attorney general's services must yield to state trcas1.rc:r's right thereto, ·when he petitions to reopen ca~e. Id. Supreme court has no jjurisdiction of appca.1 in compensation procccding-s taken after expiration oi statutory period , therefore without order c-xtcnfling time.. In re Canlas , 42 Wyo. 59, 289 P. 368. General km1 s oi compensation law. fixing time for filing record on appea1. were applicahlc to filin~ record in compensation cases uncle,: subsc<Jucmly created appellate procedure. In re Contas, 42 Wyo. 9~. 291 P. 314. To entitle record on _appeal to he filed within statutory period, docket fees mus t he pa1il to cleric within time allowed. Id. A1,pellant has dut y of seeing that his record on appeal is for\\ a r (lt:tl to supreme court a 3 rc,1uirecl by law. Ic1. 124-115. Co~ order recorded-Copies to auditor ~d treasurer. _Jwery order given and made by a district ~ourt ?r Judge awarding payment from the industrial acc1de1_1t fund to an injured employe or his dependent family, shall be entered of record by the clerk of the court where given and true copies thereof "'Contingent expenses" payable out of industrial accident fund. refers only to expenses in :ad~inis_tration of state df:p.artments, docs not include cost of transcript m appeal under thlSl chapter. 1n re Winborne, 34 Wyo. 349, 244 P. 13S. I' �TI I 16 I WORKME N ·s CO M P E NS ATION A CT \,VO RK MEN'S COMPE N SAT ION ACT 124-117. Employers' assessments. Every employer who shall engage in any of the extra-hazard~u s occupations defined in this Act shall at th e tim e of commencing such employment pay to . the State Treasurer for credit upon the account of such employer in 'the indu strial accident fund, an initial sum of fifty dollars ($50.00) . E very employer en gaged in any of the occupati? ns herein d<;! fined as ex tra-haza rdous is hereby required to pay mto the sta te tr easury for' the benefit of th e industrial accident fund a sum of money equal to on e and one-half per cent. (l ½o/o ) of the money earned by each of his employes engaged in such e..xtra-hazardous employm ent dur ing each calendar month of such employment. S uch payment shall be so made on or before th e 15th day of the month following the month for which such p ayments are computed a nd paid . E ach employer shall continue to make monthly contributio ns as a bove pr ovdied unless his account, after making the her einafter specified deduction s therefr om, shall eq ual full t\\' O per cent. (2 %) of his anual payroll computed by multiplying his current month' s pay roll of workm en engaged in extra-hazardou s employmen t by tw elve and shall likewise be not less than three th o usand dollars ($3,000.00); provided ,- how ever, that any employer whose account is overdrawn shall be r eq ui red to pay monthly a sum of money (includin g th e pa yments as above specified) equal to four per cent . (4%) of the money earneg by each of his employcs engaged in such extra-hazardous employment d urin g each calendar month of such -employment until such overdraft shall be paid. Such employ er shall n ot b e compelled to contribute w hen his contribution s in the fund. after making deductions as afo resaid , shall equal two per cent. (2 %) of his annual payroll , a nd shall likewise be not less than three thou sa nd dollars ($3,000.00) . T he se rvice a nd policing cha rge shall be comp uted on the monthly prem ium paid by th e in divid ual employer in to th e state tr ea sury fo r th e benefit of th e indu strial acc ident fun d du r ing each calc1.1dar m on th, or on the premium w hich th e em ploye r wo uld have been r equir ed to pay ha d not the am oun t of the employer's balance r elieved him fr om the paymen t of a premium . In addition to the other payments required by this section to be paid into the indu strial accident f1:1nd, every employer engaged in any of th e occupat10ns herein defined as extra-hazardous shall make a payment to be kno\\'n as a ''service and policing charge." Such service and policing charge shall be paid b?' the employer into the sta te treas ury for the be nefit of the industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fun_d to the employer's credit shall not relieve him _his duty and liability to pay the service and pohcmg charge; provided, however. that no employer wh~ pays for any calendar month four per cent. (4 % ) 0 the moneys earned by each of his employes engage<1 in such extra-hazardous employment during su_ch cald endar month shall be compelled to pay a service an policing charge for such mpnth. o! Eve:y employer, . who, f?r any reason , in:cludi~~ cessation of operations, fails to pay a service a policing charge of not less than tw9 ($2.~0) dolla:5 during each calendar month, shall be reqmred to 1? Y an initial sum of five ($5.00) dollars upon re.sumin~ or being required to resume payment of service an policing charge. 17 The am ount of the se rv ice and policing charge shall be determin ed according to th e fo ll owing sched ule. Se rvice an d Policing Charge \/\There th e monthly payment is for month less than $' H).01... .............................................. ~ .$ 2.00 10.01 to 20.00 ....... ... ................ ... 3.00 20.0 1 to 30.00 .. ....... .. ............ .. ...... 5.00 30.01 to 40.00................................ 7.00 40.01 to 50.00 ................. 9.00 50.01 to 60.00.... . 1l.00 60.01 to 70.00 ... 13.00 70.01 to 80.00................. 15.00 80.01 to 90.00 ..... 17.00 90.01 to 100.00 ....... .. ... ..... ..... .. . I 9.00 I 00.01 to 150.00 .... .. .. ......... .. ...... .. . 25.00 150.01 to 200.00 ... .... ............. 45.00 200.01 to 300.00 . 50.00 300.01 to 400.00 ............................... 60.00 400.01 to 500.00 .. ........ ................... 75 .00 500.01 to 750.00 .... .. ................... ... ... . 11 5.00 750.01 to 1,000.00 .... ... ...... .... ... ........ .... 125.00 1,000.01 to 1,500.00 .. ....................... 150.00 1.500.01 to 2,000.00 . .......................... 175.00 2.000.01 to 3.000.00. .. ... ......... 200.00 3,000.01 to 4;000.00 ... .. ............. ............ 225.00 4,000.01 to 5,000.00... .. .... .. ...... ... ...... 250.00 Over 5,000.01.. ......... .. ................ . ..... 275 .00 Provided, however, in that the expense of the administration of this chapter and of making the collections herein fixed , is greater as to non-resident employers engaged in extra-hazardous occupations, than such expense obtains to such employers bona fide domiciled within the State .of Wyoming, the service and policing charge, upon the monthl y premium paid by non-resident employers en·g aged in extrahazardous occupations, sh:i,11 be double the foregoing schedule, as the same applies to resident employers engaged in extra hazardous occupations. "Non-resident" employers of extra-hazardous occupations shall give borrd or other security in the sum of five hundred dollars ($500.00), to be ~pproved hy the State Treasurer or his deputies, before sta rting the work. The contract of said bond or other security shall be conditioned that the said employer will faithfully perform all the duties imposed by this Act upon employers engaged in extra-hazard~us occupations and promptly pay into the state treasury, at the time and in the manner set forth in Section 124-117 of the Revised Statu't"es of Wyoming, 1931, and all Acts amendatory or in aid th~eof, the sums of money required to be paid by employers in extra-hazardous occupations. Ancl to this end, "non-resident" em- I I I ii jl 1! ii Ii I �WORKME N'S COMPENSA TI O 18 WORK~lE:1\'S CO~[PENSATION ACT ployers engaged in extra hazar_dous occupations are her£by requi~d, before starting work, and from time to time after such work has h_een 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 givin g such further and detailed information as the State Treasurer-mar reasonably demand. The willful failur e or negligence on the pai::_t of any "non-reside nt" em ployer of extra-hazardous occupations to give said security, to make the reports, and/or to furnish th e information required b,· this Section, shall be a m isdemeanor, and upon conviction. such em ploye r s hall be punished by a fine of not less than five hu nd red dollars ($500.00) or more than five thou sand dolla r s ($5,000.00) , recoverable with costs in any co urt of competent jurisdiction. Provided, how ever, that " nonresident" employers of extra-hazardous occupat io ns shall not be required to give bond or other ,sectll"ity for any payment or payments required of th em fo r the "service and policing charge" reciuired by thi s Section. And the requirements of this Sectio n that "non-resident" employers of extra-hazardous occupations shall give bond or other securitv. shall no t ap ply to "service and policing charges" herein provid ed . The term "non-resident" employers of extra-haza rdous occupations, in this connection, shall be construed as an employer of labor engaged in extra-hazardous occupations, who for the previous twelve months has not been a continuous contributor to the compensation fund as in this Chanter nrovided. and who has not been bona fide domiciled in, or a resident of the State of Wyoming continuously for the preceding twelve months next prior to eni:r~agin,:(" in the business of an "employer of labor in extra-hazardous occupation." \Vhen any such employer. shall contribute to said fund as required b~, tl}is Chapter, for twelve conseetttive months immediately prior to the commencement within this State of the occupation, the requirrment to ·pav double the service and police charge shall cease. For the purpose of encouraging care on the part of the emplovers and thus decreasing accidents to emploves, ?nd to the end that each employer shall compensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer shall keep a separate account for each emplover ~o contributing to said fund anrl shall charge aQ"ainst the account of each emplon•r all warrants paid from the industrial accident fund: (a) As awards for injuries to employcs of such employer: (b) In payment of medical and surgical supplies aml medical or hospital attendance· of an employe 0 .f such employer; <c) In payment for investigations of accidents . of such employer, or in payment in investigations of 111 juries t_o his employes; (d) In payment of witness fees and other costs 3:s herein provided in cases wherein an order of award 15 ACT 19 granted to the employc of such employer. [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; L. ' 35, C. 100. Cited In r e Wi nborn e, 34 W yo. 349, 244 P . 135, a nnota ted under § 124-114 . 124-118. Filing of ·payrolls with state treasurer. I t shall be the duty of each emp loye r to fo rward to the state trea surer, on a bl an k fo rm prov ided by said state tresaurer, a tru e copy of his pay roll of pe rso ns in his employ en gaged in £2( tra-h azardo u emplo)-;ment d uring th~ curr~nt ca lenda r m onth, sworn to ei th er by himself or th e pe rson havin g knowledge of said payrolls. E ach em ployer, un le otherwise up plied with the last above blaryj;: fo rm s, shall seasonably app ly to said state treas urer for th e sam e; and any employer who shall fail , neglec t or refuse to furnish s uch true copy of his payroll of persons in hi employ, or s hall refuse to malce the month ly premium payments as provided by th e term s of this cha pter wh en they become due, and again st wh om an award is made to any in jured workman in hi emp loy, shall be personally liable to th e state of \;I, yom ing, fo r th e us e and benefit of the industrial acc id ent fund, to be recovered by suit broug ht by the sta te on the rela tion of the state treasurer, in a sum equa l to suc h award or awa rd s as arc entered fo r payment fr om th e workm en's compensation fund, of the state of Wyoming. The entry of final ord er by the judge of a district court havin g jurisdiction of such ca use approving and allowing an award of compen sation shall be prima faci e proof of the liability of an employer so failin g to comply with this provision of this £_hapter ; provided, that nonresident employers, upon engaging in any extrahazardous occupation as defined in this chapter, and having in their employ work,nen performing such extra-hazardous work, shall be deemed from the date of the commencement of such work, to have designated the secretary of state of the state of \,Vyoming their agent for service of any process upon them in am· action prosecuted hereinunder; and further, provided, that the secretary of state, upon the receipt of any process shall send the same bv 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 any other provisions of this chapter, but shall be deemed to be in addition thereto. It sh,gll further be the duty of each employe·r 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 such employer to file with said state treasurer a i::opy of his payroll as herein provided, shall be a misdemeanor, and an)' wilfully false statement in any affidavit 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. I lj I I I �20 WORKMEN'S COMPENSATION ACT \\TORKMEN 'S COMPENSATION ACT 124-119. Inspectors-Failure to pay assessmentPenalty. The state treasurer is authorized and empowered, for the purpose of enforcing the provisions of this chapter, to appoint two i1:spectors, 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 extrahazardous business or industry, as defined by this chapter, shall fail or refuse to pav the assessment upon his current monthly payroll, as is required by this chapter, he shall be guilty of a misdem~-inor and shall be punished by a fine of not more than five hundr ed dollars ($500.00), and in addition to the said fin e it shall be the dutv of the attorney general of this state to immed.iately ·bring suit in t!}e name of the state for the benefit of the industria.1 accident fund ag ain s t such employer, for the collection of such assessm ent, and if a iudgment for the recovery of said a ssess m ent be given in favor of the state for the use and benefit of the industrial accident fund, said judgment shall b e for double the amount of the payroll assessment provided in § 124-117, together with costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. S. '20, § 4333 . The loss of a third or d i§ tal phalangc of th e thumb shal be considered to be equ al to the loss of one- ha lf of such thumb; the loss o f th e more than one-half of such thumb shall be co nsid ered to be equal to th e loss of the whole thumb. The loss of a third or di sta l phala nge of a ny finge r shall be con sidered to be eq ua l to the loss of twothirds of such fin ge r. The loss o f m ore than the m idd le and d ista l phalanges of an y fi nge r shall be consider ed to be eq ua l to the loss of th e w hole fi nge r ; pro vided, however, that in 110 case shall th e amount receiv ed for mo re than one fin ge r exceed th e am ount ni thi schedule for the loss of a ha nd. For the loss of a g rea t to e ............ ............ ...... $200 .00 For the loss of one of th e to es othe r than great toe .... .. .... .. . ..................... .. . 150.00 The loss o f more tha n two-thi rd s of any toe s ha ll be consid er ed equ a l to the loss of the whole toe. The loss of less th a n t wo-third s of a ny toe sha ll be considered eqi1al to th e loss o f one-ha lf of th e toe. For th e loss of a foo t . ..... $ 1200.00 For th e loss of a leg bel ow tire kn ee .. 1500.00 For the loss of a leg above th e kn ee .... 1800.00 For the loss of an eye or the sight thereof 1800.00 124-120. Compensation schedule. Each empl oye, who shall be injured in any of the extra-hazardous employments as herein defined, or the dependent famil y of any such injure clworkmen, who may die as the result of such injuries, except in case of injuries du e solely to the culpable negligence of such injured employe, shall receive out of the industrial acci~ent fund, compensation in accordance with the following schedule, and such right and payment shall be in lieu of and take the place of any and all rights of action against any employer contributing, as required b~, this chapter, to the industrial acicdent fund in favor of any person or persons by reason of any such injuries or death. (a) "Permanent partial disability" means the loss of either one foot, one leg, one hand, one arm, one eye, or the sight of one eye, one or more fingers, one or more toes, and dislocation w]ic_re the ligan1ents are 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 ..... .... ...... ........ .............. 1500.00 For the loss of in arm at or below elbow .. 1800.00 For the loss of an arm above elbo~v .............. 200.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the finger or fingers useless, the same amounts apply to such finger or fingers ( not thumb) as given above. 21 J, In any case where an y employe suffers an accident under the terms of this Act, and who loses an y part of the body which can be replaced by artificial m eans, such employe , in addition to the benefits of this Act, shalI be en titled to an artificial replacement thereof in an amount not to exceed one hundred and fifty ($150.00) dollars. For any other injury known to surgery to be permanent partial dis<\bility, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every 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 at the time of the injury; provided however, that the court making such award shall ret;in 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 worlanan -and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions perman_e ntly incapacitating the workman from performing any work at any gainful l· I �22 \ VORKME N'S COMPE N S ATIO N ACT WORK MEN 'S COMPE N SATION ACT occupation. vVhere !~ere has been a previous p ermanent partial disab1hty, as the loss of one eye, or the sight thereof, one !1':1-Ild, _one _!oot, or an y ot her previous permanent partial d1salnh~y, th e a wa r d _fo r a subsequent injury shall be de termmed b? d educ tin g therefrom the amount of th e award paid fo r such previous permanent partial disability._ ~/\/ hen p erman ent total disability re sult s from th e mJury th e w o rkman shall° receive the sum of four tllousand dollars ($4,000.00), but in every su~h ~ase the am~unt all ow ed for the injurv shall be paid m monthl y mstall me nt s at the rate o-f fifty dollars ($50.00) per mont h if th e workman be unmarried at th e tim e of t he injury, an d at the rate of sixty dollars ($60.00) per m onth if t he worlnnan has a wife at the time of the injury; pro vided however that the court makin g such a,Ya rd shall 'retain jurisdiction of the same until said award shall have been fully paid. with powe r to m odify or change the amount of th e award to con fo r m to any change in the condition of the injured w orkman, and shall have power at any tim e durin g said pe riod, upon application and hearing, with notice to the empl oyer. and a showing of the necessity therefor, to order all o r any part of the unpaid balance of the' aw a rd t~ be paid to the injured workman as a lump sum ; p rovi ded that if the workman shall die leavin g a n unpaid balance of the award, then such unpaid bala nc e sha ll be returned to the industrial accident fund a nd be cr edited to the employer's balance. If the workma n s uff er ing such permanent total disability have a boy or b oy s under eighteen (18) years of age, or girl or g irl s u nd er eighten (18) years of age, the gu;irdian of such child or children appointed as hereinafter provided , shall receive for the use and benefit of said child or children, a lump sum of one hundred and twenty dollars ($120.00) per year for each boy under eighteen (18) vears until the time when each of said bovs shall be~ome eighteen (18) years of age, and a lump sum of one hundred and twe1.1ty dollars ($120.00) per ye~r 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 thou sand -dollars ($4.000.00) , a nd a1i y and all awards made on acount of any such child or children, ~hall be disbursed und er a proper guarfidia nship to be created by the court or judge making such award. ments shall not exceed nin ety dqllars ($90.00) per month. N o com pensa tion, exce pt the ex pense of m edical attention, shall be allo wed fo r the first eve n (7) days of disability, unless th e incapac ity extends beyond the period of twenty-one (2 1) days, in which case the com_pc nsation shall run from the ti me of the injury. As soo n as r ecove ry is so complete that th e earning power of t he wo rkman at any kind of wo rk is restor.£.d, th e pa yments shall cease, but in no ca e where compensation is awa rded for permanent partial disability or permanen t total disability, shall there be deducted th erefr om anv amount awarded and paid, on acount of tempora ry- total disability. \/\'hen the workman has no n-r e ident alien children, he shall r eceive onl y one-third of th e sum above fixed for boys under eigh teen ( 18) years of age and girls under eightee n ( 18) years of age. (c ) ''Tt:mporary total di~ahility" means an injury which, though it may result of does result in a pe~manent total or partial disability, temporarily incapacitatcs th e injured person from performing any w<?rk at any gainful occupation for the time but from which ir~jury such per~on may recover by ' medical or surgical treatment and be able to resume work. In such cas e. if the workman be unmarried at the time of the injury, he shall receive th e sum of fifty clollars ($50.00) per month, so long as the total disability shall continu e. If he have a wife at the time of the injury, h_e shall receive sixty dollars ($60.00) per month, and if he ha\·e a boy or boys under eighteen (18) years of age or girl or girl s under eighteen (18) years of agef, or both, he shall receive for each, seven and one-hal dollars ($7.50) per month, but the total monthly pay- • , ':\~ ~ (d) In all C-!_ses of temporary total disab ility, permanent partial disab ility a_!:! d permanen t total disability, th e expe nse of medical attention and of care in hos pital of th e injured workm an shall be 1 aid from date of sa id injury, th e expense of medi ca l t reatment not to c..x cecd one hundred an d fif ty doll ars ($ 150.00) in an y case and th e expense of care in hospital no t to exceed one hu ndr ed an d fi fty dollars ($ 150.00) in any case, unless· un der ge neral arrangement the workman is e ntitl ed to medica l a tt ent ion a nd car e in hospital, or th e em ployer fu rni shes ad equa te a nd proper medica l a tten t ion and hospital fac ilities to his employes; provided, howeve r, tha t no bill or fee fo r med ical attention or care in hospital shall be all owed or paid without notice to th e em ployer and a hea rin g if requ es ted by said employer. T he sta te treas urer shall have the power to c;s tablish a schedule fixin g th e fees for which all medical, surgical, hos pital or oth er legalized forms of trea tm ent rendered to employes under this section shall be compensated. Each ph ysician or surgeon attending a workman injured while engaged in e2Stra-hazardou s occupations sh~ll file with the clerk of the court of th e county within which such injury occurred and with the state treasurer, under rules to be prescribed by the state treasurer, a ful and complete report fully describing the nature of the injuries to such workman; pi:ovided, that such report shall not be required unless the disability resulting from such injury lasts through the day or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as herein provided shall be punished by a fine of not more t!_rnn fifty dollars ($50.00) . \¥here death results from an injury, the expense of burial shall be paid not to exceed two hundred fifty dollars ($250.00) in any case, unless other arrangements exist between employer and cm• ploye under agreement ; (I) But if the workman leaves a widow or invalid widower to whom he or she has been regularl y married 'by a marriage duly solemnized by a legal ceremony such surviving spouse shall receive the sum of two th~usand dollars ($2,000.00), but in every such case the said award shall be paid in monthly installments at the rate of forty-five dollars ($45.00) per �2+ WORKMEl\'S CO:-lPENSATION ACT month; provided, however. that the cqurt makin g such award may upon application and hearin g, with notice tothe employer and a showing of the necessity therefor order all or any part of th e unp a id balance of the a'ward to be paid \o the surv iving spouse as a Jump sum. If the sur vivi ng spouse ~hall re-m arry before all of said award has been paid, th en he or she shall only be entitled to receive the sum of two hundred and seve nty dollars ($2i0.00) out of th e un paid balance of said awa'.d. a nd further pay m ent sha ll cease, and any balance ot the a\\·ard shall r~vert to t he dependent children. if any there be ; and if th ere b e no dependent children the unpaid bala nce of such award shall return to the general fund a nd the sam e shall be credited to the employer's balance; if th e urYiving spouse shall die before all of said a ward has been paid, then the unpaid b_a lan ce s hall revert _to th e dependent children, if any; 1f no dependent childr en , 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-ma rry o r die before all of the awarg_ has been paid, the r emaining balance shall be paid to the surviving d_eQ end ent children in the following man ner : In ascert am mg the amount to be paid to each survivin g child in the case of male children, the ag e of such male child shall be iigured from the time of the death or r e-m_arri age. of such sun·iving spouse until such male child attams the age of eiFhteen (18) years, and in the case of female children, the time shall be fi gu red fron~ th e tim e of the death or re-marriage _of such survl\'~1g spouse until such female child attains th e 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 tim e. In case of the death of any of such surviving children. th e portion of such awasd made payable to such chil_d _by the term s hereof shall be divided among the surv1v1ng children pro rata; provided, fur-ther, that if all of th e sur\"iving children should die before the unpaid balance of the award is entirely distributed, then the remaining undistributed portion of such award s hall revert to th e general fund and be credited to the employer's balance. If said workman leaves a surviving boy or boys under eighteen (18) years of age or girl or girls under eighten years of age the ' guardian of such child or chilsJrcn ar_>pointed as hereinaft 7r provided, shall receive for the use and benefit of said child or children. a lump sum of one hundred and twenty clollars ($120.00) per yea r for each surviving boy under eighteen (18) ~ca rs of age until the time when each of said surviving bovs shall hecomc eighteen (18) years of age, and a lump sum of one hundred and tw enty 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; provide<!, that the aggregate lump sum paid to said guardian shall in no ca~c exceed three thousand, six hundred dollars ($3,600.00). In all cases where an order of compensation is made on account of boys under eighteen (18) years of age, or girl s under eighteen ( 18) years of age. or both, or to persons incompetent, said fund shall WORKME N' COi\i P E NSATION ACT 25 be disbursed und er a prope r guardian ship to be crea ted by the court or judge making uch an ord er. (2) If th e injured workman d ie during th e period of tempol'.ary total disabil ity and after receiving compensation th erefor, as herein provid d, and his d ea th be shown to have r es ul ted fr om such injuries, th e widow and th e guardian of th e workman's l;>oys und er eighteen ( 18) y~a rs of age and g irls und er ~ig htcen (18) years of age sha ll be entitl ed to an award because of th e death of th e workm a n, as herein provided, b ut the total am ount of pa ym ents in excess of two t housand, four hun dred dollar ($2,400.00) r eceived by th e injured workm an durin g such di ability an d prior to his death shall be proporti onately deducted from the amounts herein p rovi ded to be pa id to the surviving widow and the guard ian o f th e w orkman' boys under eightee n (18) years o f age an d g irl s under eighteen ( I 8) year;; of age. (3) If any_w orkm an di e within one yea r fr om the elate of re ceiving an award fo r permane nt par tial di ability and his c!_e~th be shown to hav e resul ted from th e injuries fo r whic h the award was g r~-~1ted, the widow and th e guardian of th e workman's boys un der eighteen ( 18) yea rs of age, a nd g irl s u_nder eighteen (18) yea rs of age shall be entitled to an award because of th e deat h of the workman , as herein p rov id ed, but the amoun ts of th e payments r eceived b y th e in jured workman prior to his death shall be proportionatel y deducted from the amounts herein provi~ed to be paid to the survivi ng widow and the guardian o f th e workman' s boys und er eighteen (18) years of age and g irl s und er eig ht ee n ( 18) yea rs of age. (4) If anv workman di e within two yea rs fr om the elate of rec eiving an award for permanent total dis abilitv and his death be shown to have resulted fr om his i~juries, the widow of said workman shall be entitled to an award because of the death of the workman, as herein provid!!d, 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 deducted from the amount of her award. (5) If the workman leaves no widow, or widow-:r. or boy under the age of eighteen (18) years, or girl under the age of eighteen (18) year~, _but leaves a parent or parents surviving. such surv1vmg pare1;t or parents. if living in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500,00): provided, a parent or parents. who arc dep~ndents 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, § I; L. :29, c. 64, § I; 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; s. L. '35, C. 100. Under sub-division b hereof. policy to allow more for children of a disahlccl than for those of a deceased workman held. a ques• lion for the legislature. In re Brennan, 29 Wyo. 116, 210 P. 9 39. 37 Award for "permanent total disability'_' made only in c1 ea r c~ e Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 2 2 3, P. 253. �• I 26 WORKMEN'S COMPENSATION ACT WORKME N' S COMPENSATI ON ACT E,;dence showing employe's loss of fingers on both bands held to justify award for permanent total disability. Sakamoto v.' I<cm: mcrcr' Coal Co., 36 \Vyo. 325, 255 P. 356. Employ_er had bu~dcn o f proof that cmployc persisted in inj uri• ous practices retardmg recovery. I d. Sum paid for temporary t otal disability should be deducted from total permanent disability awa rd. Id. Emp]oye held, entitled to payment of compensation in man ne r provided by statute in effect al time of injury. In re Hibler J i Wyo. 332, 261 P. 648. ' Generally speaking the lci;islaturc did not intend doubl e compensation to injured emplorcs. under provisions of this sectio n. l\larsh v. Aljoc, 41 ,Yyo. 220. ::?84 1-> . 260; nanotatcd also under § 124-137. Sub. A. Standard Oil Co. (Ind.) "· Ervin, 44 Wyo. 88. )ucConncll v. Murphy Bros., et al. , 45 \Vyo. 289 (a-c). Shaul "· C. F. & I. Co., 46 Wyo. 549. 124-121. Additional compensation for disfigurement. In all cases of temporary total disability or perman en t partial disability where the workman shall suffer permanent disfigurement to the face or head of a nature so great as to affect the workman's earning capacity in securing employment, the workman shall receive in proportion to the extent of such disfigurement, ~ lump sum in addition, not to exceed five hundred dollars ($500.00). The court shall take into consideration in making tl:!._e award any former disfigurement to th e face or head oi such workman. [L. '22, c. 64, § 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; 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 all~ged injury. If a workman, after establishing his nght 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, § l; S. L. '35, c. -1, § 1. _124-123. Forfeiture by injured employe--Payments wtt:J:iheld. If_ a!ly. injured employe shall persist in unsamtary or_ mJunous practice which tends to imperil or retard l11s recovery, or if he shall refuse to submit to sue~ medical or surgical treatment, as is reasonably e~scnttal to promot_e his recovery, he shall forfeit all ng~t _to compensation under this chapter; and where an ll~Jl!red cmploye is under care and treatment of a Ph_Ys1c1an , he s_hall not be permitted to personally receive or 1;1se any compensation payments allowed him unde~ . this chapter, except upon the order of such Ph}'.s 1c1an, but such payments shall be withheld and dchv_ered to such injured workman upon his recovery or discharge by such physician [L '15 c 124 § 20· C. s. '20, § 4335. • • ' • ' ' lllodd. ification <>f instruction as to effect of injujrious practices ret:ir mg rc:co,·ery of injured t I Id • I re Hibler, 37 Wyo. 322 , 261 P. oye, 1c , not improper. n 6~f. 27 To "persist" in in jurious practices tctarcli ng injured cmployc's recovery means to co ntinue .1 gainst opposi tion or remonstrance. Id. 124-124. Exemption from execution or attachment. No money paid or payab le under this chap ter out of the industr@l ac cident fund shall, prior to iss uance and deliv ery of th e wa rrant ther efo r, be -capable of being assigned, cha rged nor even be taken in execution or by garnishm e_!} t. Any such assignment, attachment, garni shmen t or charge sha ll be void. [L. '3 1, c. 73, § 61 1 amendi ng L. ' 15, c. 124, § 2 1: C. . '20, § 4336; s. L. '33, C. § 5; . L. '35, c. 100. Cited in L a Chappelle v. Uuion P acific 214 P . 587. oal Co., 29 \Vyo. 449, 124-125. Minor workman. A minor workin g a t an age legall y permitted under the law s of this state shall be deemed sui juris fo r th e pu r pose of this chap ter and no other person shall hav e a n): ~ause of ac ti on or ri g ht to compen sation fo r injury to such m inor work ma n, except as ex pressly provid ed in this chapter; but in the event of a lu m p sum payment becoming due under this chapter to such minor workman, the management of same ~hall 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 wages, 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 contr!!_ct the payroll of , the contractor and the sub-contractor shall be the basis of computation and in the case of contract work consuming l~s than one year in performance the required payment into the a£_cident fund shall be subject to the prRvisions of this chapter and the state for its general fund, the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the industrial accident fund and the contract9r, in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment; the provisions of this section shall apply to a.11 extra-hazardous work done by contr_act, except that in private· work the contractor shall be responsible, primarily and directly, to the industrial accident fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. Whenever, and so long as under the state law, city charter or municipal ordinance, provision is made for municipal employes injured in the course of employment, such employe shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. [L. '15, c. 124, § 23; C. S. '20, § 4338. �WORKM EN'S COMPENSATION ACT 28 29 WORKMEN 'S COMPENSATION ACT 124-131. Annual report by state treasurer. It shall be the duty of th e state tr eas ur er to sec ure and cimpile statistical in fo rm at io n concerning accident occurring in th e extra -haza rd ous employments defined by this cha pter, show in g the number of accidents or fatalities occurrin g in eac h of said employ ment , the amount paid in by eac h employer com ing within th e provisions of thi s chapte r ; the amount paid out on account of injuries, or d ea th r esulting f!:_om inj urie in such employments; a ns! any other informa tion relating to th e operation or adm inis tra ti on of this chapter that may be of inter est; and to 11ake a full repo rt thereof. toge th er with such recommendations as he may deem pro pe r fo r changes or amendments herein, and to publish a fu ll report th ereof, to the governor, on or befo re th e 31st day o f D ecember in each yea r . [L. '15, c. 124, § 28; L. ' 17, c. 69, § 7; C. S. '20, § 4343. 124-127. ·Safety devices. Nothing in this chapter • contained shall repeal any existing law providing for the installation or maintenance of any device, means or method for the prevention of accidents in extrahazardous work or for a penalty or punishment for failure to install or maint~in any such protective d evice, 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 b.e unlawful for any person or any number of persons acting together or separately or in any way, including attorneys, agents, interpreters, and all other persons, to reC:_ejve or agree to receive either directly or indirec tl y from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered , eith er jointly or separately, in relation to procuring any benefit or be!)efits under this chapter, an y sum o r sums aggregating more than five per centum of th e whole amount received or to be received b y such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fiift y d olla rs ($50.00). Every 'person violating or concern ed in th e violation of the provisions of this section shall b e guilty of a misdemeanor, and upon conviction th ereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to whi ch may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county a·nd prosecuting attorney of the county in which any injury occurs to give all necessary legal advice to any i_njured workman, or his dependents, who ma}~ seek advice in making and filing claims for compensation, and to prepare all statements of claim or other papers necessarv or advisable to be filed bv such workman or dependents, free of all charges ancl costs. [L. '21, c. 138. § 8, amending C. S. '20, § 4340. 124-132. Examination by state treasurer. The sta te treas ur er ma y, at any time on tw enty-four hours' notice ( unl ess such no_tice is wav ied by th e empl oye r) either in person or throug h any author ized inspecto r, agent or deputy, examin e the books, accounts or payr oll s of any employe r at any tim e fo r th e pu r pose of sec urin g a ny information de sired in the administration of thi~ cha1:i ter. (L. '27, c. 111 , § 6, amendin g C. S. '20, § 4344. Cited in Z:mcanelli v. Central Coal & Coke Co., 25 \Vyo. 511, 173 P. 981, annotatc<l under § 124-113. Cited as to :tttorncy's fres in In re Hib1cr, 37 ,vyo. 261 P. 648. 332, 124-129. Physicians required to testify. Any physician having attended an employe in a professional capacity may be required to testify before any court or judge when so directed, in cases coming within. t_he provisions of this chapter, and the law of pn~1leged c_ommunication between physician and patient. as fixed hr statute shall not apply in such cases. [L. '15, c. 124. § 26; C. S. '20, § 4341. Stanrlard Oil Co. (Ind.) ,·. Ervin, 44 \\Tyo. 88, Osteopaths. 124-130. False statement by employe. Any employe o: workman who shall make or cause to be made on his behalf any misrepresentation or false statement for the purpose <"!f receiving compensation under this ch~pter _to wl~1ch he is not lawfully entitled shall be g_UI!ty ot a nnsdcmeanor, and shall on conviction, be fme~ no_t more than three hundred dollars ($300.00), or impnsonc:d for not more than ninety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. !. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. A ny workman awarded compensa tion fo r temporary total di sability under this chap ter, as defin ed by clause (c) of § 124120 shall, if th ereafter requ es ted by his empl oye r submit him self for m edical examination by a physician licensed to practice medicine in this state, at a place designated by th e empl oye r and which shall be reaso nably conveni ent for the workman, and sa id workman niay have a licen sed ph ys ician prese nt of his ow n selection. The purpose of such examination shall be to determine whether the- workman has recovered so that his earning power at any kind of work ·is restored. If it be agreed that the workman has recovered so that his earning power at any kind of work is restored, the fact shall be reported by the employer and said physician to the judge of the district court, who made the award in the first instance, or if there be a dispute as to the recovery of the workman and his restoration to earning power, it shall be likewise reported to ·said judge, by filing a statement in either case in the office of the clerk of the district court of the county where the award was made, and the matter shall be disposed of in such manner as said judge may deem proper under the facts. If said judge finds that said workman has recovered and has been restored to his earning power and that compensation should be discontinued, his decision and judgment in the premises shall be certified to the state auditor and stat-c treasurer and shall be authority and direction to said officers to discontinue compensation payments. If the workman. in such case, refuse to suQ_mit to such examination' or obstructs the same, his right to monthly payments shall be suspended until such examination �30 WORKME N ' S COMPENSATION ACT \l\' ORKME N'S COMPENSATION ACT has taken place, and no cornpensati?n shall be payable during or for account of such penod of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345. Standard Oil Co. (Ind.) v. Ervin, 44 \ Vyo. 88, Osteopath s. Shaul v. C. F . & I. Co., 46 Wyo. 549. 124-134. Ernployes' statements of dependent persons. All employes or wo rkm en coming within th e provisions of this chapter shall be required, up on entering service in any of the extra-hazardous employrn~ts herein deiin ed. to make and sign a written statement setting forth th e names of th e person s dependent upon th em for SUPP?:t o~ constituting ~1 ~rnbers of their dependent famthes , m each case g 1v111 g the names and ages of th eir boys und er th e age of sixteen (16) years and girls under the :ige of eig!1teen (18) years. [L. '23, c. 60. § 12, amendmg C. S. 20, § 4346. 124-135. Assignment of rights and benefits. • A ll payments made into the industrial accident fund by any and every employer under the provisions of this chapter shall be taken as paid and rec eived in co nsideration of the indemnity to such employer by r eason of his contributing to th e industrial accident fu nd , and in consideration of the J)ayments made by th e state to such fund; provided, ~iiat when an y employer engaged in an extra-hazardous occupation as defin ed in this chapter, has heretofore sold and conveyed, or shall hereafter sell and convey his or its property to a purchaser who continues to conduct and carry on said business at the same place, the seller shall be entitled to transfer and assign to the purchaser , all rig hts, benefits, privileges and immunities, accruing to such employer by virtue of any_sum then on deposit to his or its credit in the industrial accident fund in the state treasurv under the provisions of this character; and upon filing such assignment with th e state treasurer, the nurchaser shall succeed to all said rights. ben efits, privileges and immunities of said employer. ·said purchaser shall be subject to obligation s of compensation against the seller incurred and existing at the date of such assignm ent; proviclecl. that no part of an v moneys so paid in by any employer shall ever be refunded to him. either durin g the time when he continues in business as such employer. or after he ceases such business; provided, that every employer, operatini:r under the provi sion s of this chapter shall pay into said industrial accid ent fund the sum of at least five thousand dollars •($5,000.00): and provided, further, if this chapt er shall be hereafter repealed or held invalid. th e moneys which are in the industrial fund at the time shall he di stributed as mav. be provided by the legislature, and in default of such legislative provi sion, distribution thereof shall be in accordance with the ju stice of th e matter, due regard being had to oblig-ation ~ of compensation incurred and existing. [L. '21 , c. 76, § 1, am ending C. S. '20, § 4347. *124-136-A. Closing of accounts. An y b a I a n cc standing to the credit of any employer in the industrial • This section otnitt cd from Revised Statutes 1931. ·21. c. 68. See S. L. I I 31 accidcnj: fund for three years aft er said em ploy er shall have ceased to _engage in Wyom in g in th e occ upation on account of which his said co ntr ib utions hav e been made· shall be debited fr om his acco unt to th e profit and Joss account of said fu nd , a nd sai d employe r' s account shall b e th ereupon fi nall y closed, and th er eafter the said bala nce shall permanently remain a part of the indu stri al accid e'n t fund , 124-136. Actions against einployer independent of chapter. Noth ing in this chapter shall be con strued to limit or affect an y rig ht or action by an employe against an employer fo r inju r ies r eceived whi le in th e employ of such em p)oyc r w hen uch emp loye r a t the time of such injuries is not con tribu ting to th e industrial accident fun d as pro vided in this chapter . [L. '23, C. 60, § 13. 124-137. Re-opening of cases. T he state treasur er shall have the r ig ht to cause any case to be re-opened in which an ord er of awar d has been ma de, prov ided he shall cause a petit ion fo r th e r e-ope nin g of the case to be fil ed wi th the court w hich g ra nted the award, within thi rty clays a ft er th e date o n whi ch the order of award ·was r eceived in th e s tate treasurer's office. Such ·petition m ust s how probable cause th at error was made in th e amount of th e awa rd , or th e character of the award, or th e g ro unds on w hich th e award was made, a nd may sp£cify as a reason fo r re-opening the case existin g e,'.idence not given in the original hearing, showin g the ge neral nature and effect of such evidence. On the filin g of such a petition and on the court finding t hat probable cause is shown thereby, the court shall stay the award, and upon reasonable notice to all parties reopen the case and set the same for hearing de nova . The state treasurer mav take such part in the new hearing as he may dec·m advisable and shall have every right and privilege of a party to the cause. He shall have th_e right of ?PPeal to the supreme court from any order 1~ such new hearing either granting an award or refusmg to grant an aw~rd. He shall also have ·a right of appeal from an order refusing to re-open a case. In addition, and without the necessity of presenti~g any petition for the re-opening of a case to the tnal court, the state treasurer shall have the rig~t to appeal to the supreme court from any order or Judgment in any district court of the state awar~ing compensation or declining to award compensation. altl~ou~h he was not a party to the proceedings in suc!1 d~stnct court. Upon the perfecting of any appeal mshtuted by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or udgment appealed from without requirinf! an y bond. The attorney general. or his deputy or ass.1stant, shall act as the attorney of the state treasurer ·111 all c~~cs. All costs of new ·hearings granted upon the pctitwn of the state treasurer, and all costs of apl?eals conducted by the state treasurer, shall be paid by the industrial accident fund, except such c.9sts as the court in its discretion shall assess against any of the 1 �32 WORKMEN'S COMPENSATION ACT WORKME r 'S COMPENSATION ACT other parties to the cause. [L. '27, c. 111 § 7 amending L. '25, C. 124, § 5. ' ' the account of any emp loyer contributin g to the in dustrial accident fund shall be made with out notice to such employer and hea rin g, unl ess such emp loye r shall in ,yriting filed in th e co urt having jurisd iction consent thereto. Where the employer can not be pe rsonally served, substituted se rvi ce, as prov ided for in the code of civil procedure, may be had. [L. '25, c. 124, § 9; S. L. '33, C. 129 § 5. . \Vher~ the ~uty oi the attorney general to rcpr·escnt compcnsah~>n cla!man~ m s~premc cou rt , as part of his o fficial duties, conflicts ,nth his dunes to act as attorney for s tate treasurer in all cases, the duty first m entioned mu st yic1d to right of s tate treasurer to such services. Marsh ,·. Aljoc, 41 Wyo. 119, 282 P. JOSS. In ~ction uncle.r work-men's compensation law in which compcnsat10 11 was aware.led, application of s tate trc;surcr to reo pen case 01_1 ground, among otl~crs,. o f prior disability, should 11 o t be d_etcrmm~d on ex partc aff1dants, when based on new evidence. smcc lcg1slaturc contemplatcc'.1 that treasurer should be given adp~n~~t of regular trial. 1-larsh v. Alioe, 41 Wyo. 220 , 284 This section authorizing s tate treasurer to have case reopened mus t _be cons trued in ligh t of situation which was sought to be remedied hereby. Id. On s tate treas urer's application, based on new evidence. to reopen ~asc. co~rt must reopen case. if the new evidence will have a material bcarmg. I<l. . 124-138. Bi~s to be itemized-Time of filing. All bills for medical attendance, expenses or disbursements, and for hospital services, shall be properl y dated, itemized and verified by the claimant or the same shall be disallowed by the court, and ev~ry doc tor who shall attend an injured workman shall within ten (10) days after the first of the ~1onth succeedin~ that in whLch ~1e rendered services to the injured workman file with the clerk of the district court of the proper county, his itemized and verified bill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the state · trea~urer; a~d all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the court. [L. '25, c. 124, § 7. 124-139. Notification by doctor. Every doctor who acce~ts the . case of an injured workman, and every hospital wh1c_h ~ccepts th!! case of an injured workman, shall w~thm ten. (10) days after accepting such c~se _file a written notice thereof with the clerk of the d1~tr!ct c<;>urt, and shall send a copy of s;;ch notice w1th111 said ten 00) days to the state treasurer and anot_h~r copy within sai_g period to the employer of the InJU~ed workman. Any doctor or hospital failing or refus!ng to file the notice within the time designated wit~ t_he c~erk o~ the court, or to send copies thereof w1thm said penod to the state treasurer and the employer ?f the injured workman, shall forfeit a!1y re111unerat10n or award from the industrial accident fui:id_ for any services, care or attention rendered to s~ch mJured workman or anv facilities furnished to him. [L. '25, c. 124, § 8. • 12~-140. A~ds._ E~•~ry award within the meaning of this chapter 1s a JUd1c1al determination of the rights f the employer, the employe and the industrial accident _fund as_ to all matters involved. Except as otherwise_-~pec1fically provided in this chapter, the code of CIHI procedure shall govern in matters before the courts .of this state in reference to the workmen's compensation laws. No award of compensation or allowance of an,, • chargeable agamst • • ex1>cnse or c Iaim 0 33 An award of compensation to an injured employc is a fin al judRmcnt, unless expressly reserving jurisdiction to reo pen case. Midwest R efining Co. v. George, 41 W yo. 55, 281 P . 1005. 124-141. Deferred payment accoun t. \,V henever an order of award shall spec ify th at the award is to be paid in monthly payments, the state trea ure r shall charge the amo unt th ereof again s t the account of the employer of the injured workman and shall transfer the am ount of aid award fr om the gene ral fund into a deferred payment account, which accoun t s hall thereafter be alon e liable fo r th e payment of the award . Interest earn ed by the defe rr ed payment acco unt hall be paid into th e general fund , as well as all amounts repaid or return ed to sa id ge neral fund und er th e provisions of this chapter, or by rea on of modification of ord ers of a wa rd. vVhenever a modification of an order of award in creases th e amount of th e award, the additional amo unt shall be charged against th e employc.r's account and tran sferred f!:._om tg_e ge neral fund into th e defe rr ed payment account, and whenever a modificat ion of an order of award decreases the amount of the awa rd, th e am o unt of such decrease shall be transferred from the deferred payment account to the ge neral fu11d and credited to the account of the employer. [L. '27, c. 111, § 8. 124-142. Bribery. \i\Thoever 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 emplo)•ed 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 ~ny 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 .o r employe or a person employed under the laws of this state in the l!dministration of this chapter, either before or after his e~e.ction, qualification, appointment or employment, sohc1ts or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of this chapter, shall be deemed guilty of felony. and upon conviction thereof be imprisoned in the pemtentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. I: �TABLES fo r computing amo unts d ue u nde r the prov1s1ons of the \.Vorkmcn's Com pen satio n Ac t and Peace Officers' Indemnity F und. F ollowing arc tables of monthly compensation fo r several amounts allowed by law, c omputations for which arc made for twcnty•dght, thirty and thirty•onc day months : Single 5 6 7 8 9 JO 11 12 13 14 15 16 17 JS 19 20 21 22 23 24 25 26 27 28 29 JO JI 28 1.7 9 3. 5i 5.J 6 7.14 S.93 10.7 1 12. 50 14.29 16.07 17.86 19.64 2 1.43 23.2 1 25.00 26. 79 28. 57 30.36 32. 14 33.9 3 35.71 37.50 39.29 41.07 42.86 44.64 -16.43 48.21 50.00 30 1. 66 3.33 5.00 6.67 S.JJ 10. 00 11. 67 13.33 15.00 16.6i 18.3 3 20.0 0 21. 67 23.33 25 .00 26.67 28.33 30.00 31.67 JJ.JJ 35.00 36.67 JS.33 40.00 41.67 -1 3.3 3 -15 .0 0 46.6 6 48.3 3 50.00 $50. 00 31 1. 6 1 J.23 4. 8 4 6.45 S.06 9.68 I l.2Y 12.90 1-1.52 16. 13 17.74 19.3 5 20.9i 22. 58 24. 19 2 5.8 1 27 .-12 29.0J 30.65 J~.26 33.s ; 35 .48 37.1 0 38.71 -10.32 41.94 43.55 45.1 6 46.7 7 48. 39 50.00 \ \.i<lowel· and one ch ild $5 7. 50 30 31 -8 2.05 1.92 1. 85 2 4.11 3.83 3.71 3 6. 16 5.75 5.56 4 8.2 1 7.67 7.-12 5 10.27 9.58 9.27 6 12.32 11.50 11.J 3 7 14.37 l 3.42 12.98 8 16.43 15.3J 14.84 17.25 9 18. 48 16.69 10 20.54 19. 17 18.55 ll 22.5 9 2 1. 08 20.4 0 12 24.64 23.00 22.26 13 26. 70 24.92 24.11 H 28. 75 26.83 25.97 15 28.75 27.82 30.80 16 32.86 30.67 29.68 17 34.9 1 J l.53 32. 58 36.96 18 34. 50 33.39 19 39.02 36.42 35. 2-1 20 4 1.07 38.33 37 . 10 21 43.1 2 40.2 5 38. 95 22 45 . 18 42.17 40. 8 1 47.23 44.08 42.66 23 24 49.28 46.00 44.52 51.34 47.92 46.37 25 49.83 -18.22 26 53. 39 55.44 5 1.75 SO.OS 27 53.66 51.93 28 57.50 53.79 55. 58 29 57.50 55 .64 30 57. 50 JI $60.00 JI 1.94 3.87 5.81 7.74 9.68 11.62 13.55 15.48 17.42 19.35 21.29 23.22 25.16 27.10 29.03 30.97 32.90 34.84 36.77 38.71 40.64 42.58 44.5 1 46.45 48.38 50.32 52.26 54. 19 56.13 58. 06 60.00 W idower a nd two children $65.00 Jl 30 28 2. 10 2. 17 2. 32 1 4. 19 4.64 4.33 2 6.29 6.50 6.96 3 8.39 8.67 9.29 4 10.48 10.83 11.61 5 12.58 13.00 13.93 6 14.68 15. 17 16.25 7 16.77 17.33 18.57 8 18.87 19.5 0 20.89 9 20.97 21.67 23.21 10 23.06 23.83 25.54 11 25 . 16 26.00 27.86 12 27.26 28.17 30. 18 13 29.35 30.33 32.5 0 14 31.45 32.50 34.82 15 33.55 34.67 37. 14 16 35 .64 36.83 39.46 17 37,74 39.00 41.79 18 39.84 41.17 44. 11 19 41,93 43.33 46.43 20 44.03 45.50 48.75 21 46.13 47.67 51. 07 22 48.22 49.83 53. 39 23 50.32 52.00 55 .71 24 52.42 54. 17 58.04 25 54.5 1 56.33 60. 36 26 56.61 58.50 62.68 27 58.7 1 60.66 65.00 28 60.80 62.83 29 62.90 65.00 JO 65.0U 31 i\Ian and wiie I 2 3 4 5 6 7 8 9 10 11 12 IJ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Jo· Jl 28 2.14 4.29 6.43 8.57 10.71 12.86 15.00 17. 14 19.29 21.43 23.57 25.71 27.86 30.00 32. 14 34.28 36.43 38.5 7 40.71 42.86 45.00 47. 14 49.28 51.43 53.57 55.71 57.86 60.00 30 2.00 4.00 6.00 8.00 10.00 12.00 14. 00 16.00 18.00 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42. 00 44.00 46.00 48.00 50. 00 52.00 54.00 56.00 58.00 60.00 �l[ ·, WORKMEN'S COMPENSATION ACT \VORK~[El\ 'S CO111PENSATION ACT 36 37 I I ,f ]\{au, wife and one child 2 J 4 5 6 7 8 9 • 10 11 12 13 14 15 16 Ji 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 30 2S 2.41 2.25 4.82 4.50 6.75 i.23 9.64 9.00 12.05 11.25 13.50 14.46 16.87 15.75 19.29 18.00 20.25 21.70 24. 11 22.50 24.iS 26.52 28.93 27.00 31.34 29.25 31.50 33.75 36.16 33.75 38.57 36.00 38.25 40.98 43.39 ' 40.50 45.80 42.75 48.21 45.00 50.62 47.25 53.04 49.50 55.45 51.75 57.86 54.00 56.25 60.27 62.68 58.50 65.09 60.75 63.00 67.50 65.25 67.50 S6i.50 31 2.18 4.35 6.53 ~.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 52.26 54.44 56.61 58.79 60.97 63.14 65.32 67.50 :\Ian. wiic and two children l 2 3 4 5 6 i 8 9 10 11 12 13 14 15 16 17 IP. 19 20 21 22 2.1 24 . 25 26 27 21! 29 30 31 28 2.68 5.36 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 45.5 .l 48.21 50.89 53.Si 56.25 58.93 61.61 64.28 66.96 69.64 72.32 75.0t) 30 2.50 5.00 7.50 10.00 12.50 15.00 Ii.SO 20.00 2~.50 25.00 27.50 30.00 32.50 35.00 37.50 40.00 42.50 45 .00 47.50 50.00 S:?.50 .iS .00 57.50 611,C J0 62.50 65,(10 67.50 7fl.OO 72.50 75 .00 $75.00 JI 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.R7 36.29 38.il 41.1.l 43.55 45.97 48.39 50.81 53.22 55.64 58.06 60.48 62.90 65.32 67.74 70. 16 72.SR 75.00 Widower and three children )Ian, wife and three children $72.50 31 2.34 4.68 7.02 9.35 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.76 42. 10 44.44 46.77 49.11 51.45 53.79 56.13 58.47 60.81 63.15 65.48 67 .82 70.16 72.50 $82.50 31 2.66 5.32 7.98 10.64 13.31 15.97 18.63 21.29 23.95 26.61 29.27 3J.93 34.60 37.26 39.92 42.58 45 ,24 47 .90 50.56 53.22 55 .89 58.55 61.21 63.87 66.5 3 69. 19 71. 85 74.5 I 77.17 79.84 82.50 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 28 29 30 31 28 2.59 5.18 7.77 10.36 12.95 15.54 18.12 20.71 23.30 25 .89 28.48 31.07 33.66 36.25 38!84 41.43 44.02 46.61 49. 19 51.78 54.37 56.96 59.55 62.14 64.73 67.32 69.91 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 19.33 21.75 24.17 26.58 29.00 31.42 33.83 36.25 38.67 41.08 43.50 45.92 48.33 50.75 53.17 55.58 58.00 60.42 62.83 65 ,25 67.66 70.08 72.50 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2i 28 29 30 I 2 3 4 s 6 7 8 9 10 II 12 13 J.I IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.86 5.71 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 51.43 54.29 57.14 60.00 62.86 65.72 68.57 71.43 74.29 77.14 80.00 30 2.75 5.50 8.25 11.00 13.75 16.50 19.25 22.00 24. 75 27.50 30.25 33.00 35.75 38.50 41.25 44.00 46.75 49.50 52.25 55.00 57 .75 60.50 63.25 66.00 68.75 71.50 74.25 77.00 i9.i5 82. 50 .l l \Vidowcr and four children $80.00 31 30 2.58 2.67 5.16 5.33 7.74 8.00 10.32 10.67 12.90 13.33 15.48 16.00 18.06 18.67 21.33 20.64 23.23 24.00 26.67 25 .81 28.39 29.33 32.00 30.97 33.55 34.67 37.33 36.13 40.00 38.71 42.67 41.29 43.87 45.33 46.45 48.00 49.03 50.67 S 1.61 53.33 54 .19 56.00 56.77 58.67 61.33 . 59.35 61.93 64.00 64.52 66.67 67.10 69.H 69.68 72.00 72.26 74.66 74.84 77.33 77.42 80.00 80.00 28 2.95 5.89 8.84 11.79 14.73 17.68 20.62 23.57 26.52 29.45 32.41 35.36 38.30 41.25 44.20 47. 14 50.09 53.04 55.98 58.93 61 .87 64.82 67.77 70.71 73.66 76.61 79.55 82.50 )I:iximum 3 4 5 6 7 8 9 10 11 12 13 14 IS 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 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90,00 30 3.00 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 81.00 84.00 87.00 90.00 $90.00 31 2.90 5.81 8.71 11.61 14.52 17.42 20.32 23.23 26.13 29.03 31.94 34.84 37,74 40.64 43.55 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66,77 69.68 72.58 75.48 78.39 81.29 84.19 87.1 0 90.00 \Vidowcr :tnd fiv e children 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.13 6.25 9.38 12.50 15.63 18.75 21.88 25.00 28.1 3 31. 25 34.3S 37.50 40. 63 43. 75 46.88 50.00 53. 13 56.25 59.38 62. 50 65 .63 68. 75 71. 88 75.00 78. 13 81.25 84.38 87.5 0 JO 2.92 5.83 8.75 J 1.67 14.58 17.50 20.42 23 .33 26.25 29 .17 32.08 35 .00 37.92 40.83 43 .75 46.67 49.58 52.50 55.42 58.33 61.25 64. 17 67.08 70.00 72.92 75.8 3 78. 75 8 1.66 84.58 87.50 $87. 50 JI 2.82 5.65 8. 47 IJ. 29 14.11 16.94 19.76 22.58 25 .40 28 .23 3J. 05 33.87 36.69 39. 52 42.34 45 .16 47.98 50.S l 53.63 56.4 5 59.2 7 62. 10 64. 92 67.7 4 70.56 73.39 76.21 79. 03 81.85 84.68 87.50 �38 WORKMEK'S CO1[PENSATION ACT Table showing amount by months and days, figured on basis of otlc child at rate of $120.00 per year. Day or Month or months 1 2 3 4 5 6 7 8 9 JO 11 12 days $10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 110.00 120.00 ,I .1 4 5 6 7 8 9 10 11 12 13 H 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 day month JO day month JI day month .36 .71 1.07 1.43 1.79 2. 14 2.50 2.86 3.21 3.57 3.93 4.29 4.64 5.00 5.36 5.71 6.07 6.43 6.78 7.14 7.50 7.86 8.21 8.57 8.93 9.28 9.64 IO.OD .33 .67 1.00 1.33 1.67 2.00 2.33 2.67 3.00 3.33 3.67 4.00 4.33 4.67 5.00 5.33 5.67 6.00 6.33 6.67 7.00 7.33 7.67 8.00 8.33 8.67 9.00 9.33 9.67 10.00 . 32 .65 .98 1.29 1.61 1.94 2.26 2.58 2.90 3.23 3.55 3.87 4.19 4.52 4.84 5.16 5.48 5.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8.71 9.03 9.35 9.68 10.00 Peace Officers' Indemnity fund CHAPTER 83-ARTI CLE 2 R. s. 1931 Section 83-201. . \Vyoming peace officers' indemnity fund. 83-202. Officers included. 83-203. Limit of indemnity paid . 83-204. Payments to func.\ by coun t ies. 83-205. Payments to fund by state. 83-206. Report of accident. 83-207. Order of Court. 83-208. Power of state treasurer . 83-209. Appeal by state treas urer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund accumulated under this Article shall be known as the \Vyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of th~ Wyoming Industrial Institute, including the superintendent and his deputies; agents of the State Department of Law Enforcement, and the commisisoner of such department and his deputies, state coal mine inspectors, and deputies, state game and fish commissioner, and his assistants and deputies, and state game wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the board of county commissioners of any county, who shall be injure9 in performance of their duties, the purpose of this article being to provide for indemnity to such peace offfficers injured 111 the performance of their duties, which duties are hereby recognized as involving risks to life and limb. :rhis section shall not apply in any case where the inJury occurred before the ~ate on which this se'c tion is to take effect. [L. '31, ·c. 71, § 1, amending L. '23, c. 97, § 2. • 8~-203. L imit of Indemnity P aid. The indemn(ty ·which any such peace officer or his dependent famtly sh:i,ll be entitled to receive under the provisions of this article shall be computed acc"ording to the compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such injuries we:e received, and the procedure and forms under this article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, �WORKMEN'S COM PENSATION ACT 40 41 WORKMEN'S COMPENSATION ACT 011 acount of or on it being intended that the \1/y?":ing Peace Officers' Indemnity Fund shall be adn11mstered by the state treasurer as near as may be in the s~me man~er as the VVyoming \Vorkmen '.s Compensation Law 1s administered, and that or\Jers of award and all other court procedure shall be enter_ed and conducted a s near as may be in accordance "'.Ith t~e procedure provided by the \Vorkmen's Compensation Law, an? that any of the above peace officers injured in t~e lme. of his duties shall receive the same compensation which he would have received had he received th«: sa1?e in jury while ,vorking for an employer contnbu~mg to the Industrial Accident Fund, and shall receive th e indemnity in the same manner. [L. '23, c. 97, § 3. 83-204. Payments to Fund by Counties. E ve ry county of the State of Wyoming is hereby _required to pay into the state _trea~ury for t_h e benefit of th e Wyoming Peace Officers Indemmty Fund a sum of money equal to one and one-half per cent (I½%) of the moneys earned by each of its salaried sheriffs, deputy sheriffs, under sherifls and constables during each calendar month in which they shall be employed. Such payment shall be so made on or before the fifteenth day of the month following the m~nth for which such payments are computed and paid. The state treasurer shall keep a separate accoun_t for each county so contributing tg said fund, and shall char~e against the account of each county all warrants paid from the Wyoming Peace Officers' Indemnity Fund : (a) As awards for injuries to the above named peace officers of such county: (b) In payment of niedical or hospital attendance of such peace officers of such county; (c) In payment for the investigations of inj~ries of such peac~ officers or in payment of investiga~1ons into the manner in which such injuries w~re received; (d) In payment of witness fee ? in cases whe:ein an order of award is granted to such peace officer of such county. Each countv shall continue to make said monthly contributions ·as above provided unless its account after making the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal tg three per cent (3%) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 83-205. Payments to Fund by State. The State of Vvyoming hereby pledges itself to contribute by bi- · ennial appropriations a sum of money equal to one and one-half per cent (1½%) of the moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which the accounts of the counties are required to be kept under the provisions of this article', and that similar charges for amounts paid out behalf _of i~j ur ies to its peace officers shall be charged agam s t . its accoun~. T he S tate of Wyoming further pledges. itself tha~ 11: the even t ·ts account is overdrawn th at 1t s hall con tribute a sum ~f money (including th e said one a nd one- ha lf per cent) equal to thr e~ per cen t (3%) of the moneys earned by each of its peace officers. [L. '23, c. 97, § 5. 83-206. Report of Accident. R eports of accidents co1•ering injuries to its peac e officer-12 shall be filed by the counties iµ the same ma nner and at the same time as such reports are requir ed to be filed by employers contributing to the Industri al Accident F und, and each state officer shall make similar reQ_o rts to the courts of all injuries to peace officers emp loyed in his department. [L. '23, c. 97, § 6. 83-207. Order of Court. Every order give n and made by the pistrict court or judge awarding payment from the vVyoming P eace Officer s' Indemni ty F und to an injured peace off icer or his depe nd en t fam ily shall be entered of r ecord by t he clerk of th e co urt where given and tru e copies th ereof shall be immediately made and certifi ed by said cl erk and for warded to the state a udit or a nd s ta te treasurer r espectively of \,Vyoming, a nd s hall be by each of said officers entered upon a r eco rd to be known as the Indemnity Docket, and s hall be th e a uthority a nd direction of the state auditor to issue warrants of indemnity a,vards against the W yomin g P eace Officers' Indemnity Fund, and for the sta te treasurer to pay such indemnity a wards from such fund . [L. '23, c. 97, § 8. 83-208. Power of State 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 gener<!_l shall act as the attorney for the state in every such appeal, and each appeal shall be conducted witho~t expense to the Wyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 10. �Coal Mine Catastroph e · Insurance Fund CHAPTER 57-AR TICLE 7 R. s. 1931 Section 57-701. Definition. 57-702. Payment by coal m in ing companies. 57-703. Losses in exces s of $25,000 to be paid from fund . 57-704. Separate accounts to be kept. 57-705. Use of fund limited . 57-706. Penalty for failure to pay premium. 57-707. Authority to contract wi th in suran ce com panies. 57-701. Definition. The word, "catas troph e," a s used in this Article means a disaster in a coal mine or mines causing the payment throug h th e operation of the Workmen's Compensation Law of this state out of the Industrial Accident Fund of an aggregate more than twenty-five thousand dollars in compensations to w_o rkmen killed and injured and their dependents, growing out of any one accident or occurence, or series of accidents or occurrences arising out of. one event. [L. '25, c. 159, § 1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each employer operating a coal mine or mines in Vvyoming shall pay into the state treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the mgnth following the month for which such payments are computed and paid, the moneys so received_ to be placed by the state . treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the state treasurer under the terms of this article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly _a s received, and such payments shall continue to be made until the· credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to two hundred thousand dollars ($200,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund with the Industrial Accident Fund is below two hundred thousand. dollars ($200,000.00); all such payments- shall be credited generaly to the Industrial Accident Fund in5 !ead of being er.edited to any individual employer �44 WORKME~'S CO lVlPENSATION ACT contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, c. 159, § 2; s. L. '35, c. 73. 57-703. Losses in Excess of $25,000 to be Paid from Fund. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the state treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above twenty-five thousand dollars to the Industrial Accident Fund. The first twenty-five thousand dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over twenty-five thousand dollars shall be paid from the Ind.ustrial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe oc_c;urred, but against the balance of the Catastrophe Insurance Premium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to be Kept. The state treasurer shall keep a separate account between the Industrfal Accident Fund and the Catastrophe In surance Premium Fund, crediting the Catastroph e Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe I n s u r a n c e Premium Fund with all amounts paid out for catastrophes as herein provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insu_rance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The ins{_)ectors appointed by the treasurer under section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums due the state from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state in the district court for the proper county, for the benefit of the Catastrophe Insurance Premium Fund , against such employer for the collection of such pr£,mium, and if a judgment for the recovery of such premium due be given in favor of the state for the use and benefit of the Catastrophe Insurance Premium Fund said judgment shall be for double the amount of the premium provided by this article, together with costs. [ L. '25, c. 159, § 6. WORKMEN' S CO i\tiP E NSATI ON ACT 45 57 707 Authority to Contract With Insurance Co;pa.nles. The state treasurer, s hould h~ deem it • ble is hereby authori zed a nd empowered to advisa , S f w · make contracts on beh:i,lf of the t~te o . yommg and the Industrial fi.cc1dent F un d with a n msur~nce company or com~anies, to_ prov ide [or p_ayme nt rnto the Industrial Accident F und by the ms t:rm g com pany r companies of a sum equ al to the ultima te net loss ~vhich the Industrial Accident Fund has or shall s ustain by reason of any catas trop he, all f? r the p urp o~e of· authorizing the state treasur er to rem sure the said satastrophe risk with an in sura nce company or co mplnies. The premium for an y CQn tract of r eins uran ce shall be paid by the stat e treasure r out of the Ind ustrial Accident Fund and cha rged again st the ac co un t of the catastrophe 'Insuran ce P remium F und. Every contract of reinsura nce shall specify that the insuring company or compani es r einsure the Industrial Accident Fund from toss by r eason of catastrophes during the term of s uch in suran ce, with in the lim its as to amount expressed in th e co ntrac t, and that th e insuring company waives all rig ht to q uestio n a ny award for claims g rowin g out of a catastrop he o r claimed to grow out of catastro p.he, a nd th at the insuring company will accept as final th e awa rd s m ade by the courts under the W yom ing Workme n's Compensation Law, and will abide by such awa rd s, a nd will promptly repay to the Industrial Accident F und all the payments made by it durin g the term of such insurance under catas trophe awards. E ach co ntract shall also provide that the insuring compa ny disclai m s all right to appear in or contest any prQcecding under the ·workmen's Compensa tion Law. N o paym ent made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by an insuran,se 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 occurred. [L. '25, c. 159, § 7. �Firemen's Pension Fund CHAPTER 23-S. L. 1935 Section 1. State Treasurer-Adm inistration, Fund, tions. 2. Fund-Further Maintenance. 3. Definitions. 4. Pension-\Vho Eligible, Amount. 5. D~ath in Line of Duty- Benefi ciary. 6. When Father and :Mother _Beneficiaries. 7. Volunteer Firemen-Benefits. 8. Application-Inv es tigation. 9. Other Compensation. 10. Payments-Exem pt fr om L egal Action: Dona- State ~reasurer-Administration, Fund, Donations. Sectionl. There is hereb y created a fund to be known as the "Firemen's Pension Fund" for the purpose of paying the awards, benefits and pen sions under the provisions of this act. Thi sfund is to be administered by the state treasurer through the Workmen's Compensation Department of • the State of \Vyoming and said state treasurer shall have full custody and control. of such fund with full power as to the administration thereof; but such fund shall be administered by said state treasurer with<;mt liability on the part of the state beyond the amount of such fund. For the purpose of establishing and maintaining said fund ten per cent (10%) of the gross annual tax for the year of 1935, and for each ensuing year thereafter, collected upon the fire insurance premiums paid to fire insurance companies within the State of "Wyoming as provided by section 115-117, Wyoming Revised Statutes, 1931, is hereby set aside and appropriated for the use and benefit of said fund. The amount of tax collected, as above set out, shall be credited to said fund by the state treasurer upon payment of the tax to him by the insurance commissioner. There may be added to the fund so established and maintained such cash, gifts, donations and contributions as may be made from time to time by individuals and organizations. Said state treasurer is hereby empowered to receive any and all such gifts, donations and contributions for the benefit of said fund. [L. '35, c. 23, § 1. Fund-Further Maintenance. Section 2. For the further maintenance of this fund, every paid fireman of each fire department organized and maintained by any incorporated city or town, or �48 WORKMEN'S co :M PENSATION ACT WORKMEN 'S COMPENSATION ACT 49 any county in this state, affected by this act, shall be assessed two per cent (2o/o) of his salary monthly for the use and benefit of said fund. Such assessment shall be withheld from his salary by the treasurer or other disbursing officer of such city, town or county and said assessment shall be transmitted to the state treasurer on the first day of each month. [L. '35, c. 23, § 2. ·n re ularly constituted fire departments_ of ~n y m1 g t d city or cities town or town s III thi s state corpora e ·s of the age of' fifty fi ve years an d upwa rd • d hO I • f rom a men_ta I. •-an (b) w An)' paid fireman who is_ su ff e_rmg or physical disability _ren~l~rm? 111m unfit for active duty provided such d1sab1hty 1s th_e res ul~ of an a ccident, injury or exposure suffered m th e !me of dut y . [L, '35, C. 23, § 4. Definitions. Death in. Line of Duty-Beneficiary. Section 3. The following words and phrases shall be construed for the purpose of this act as hereinafter set out: "Paid Firemen." Any individual who is regularly employed and paid by an incorporated city or town for devoting his entire time of employment to the care, operation and requirements of a regularly constituted fire department. "Volunteer Fireman." An individual who follows other lines of regular employment or labor but who is carried on the rolls of a regularly constituted fire department, the members of which are under the jurisdiction of a mayor, city or town council or other governing body and who may be partly paid and partly volunteer. Payment of compensation for services actually rendered by such enrolled volunteers shall not take them out of the above classification. Any individual who volunteers assistance but who is not regularly enrolled as a fireman, is not a volunteer fireman within the meaning and contemplation of this act. "Injured, disabled or killed in the line of duty." A paid or volunteer fireman ·is injured or disabled in the line of duty when he meets with bodily or mental injury while going to, returning - from or in attendance upon a fire, conflagration. calamity or disaster, or who meets with bodily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fire department. "Compensation Act." The Act of the Legislature of the State of ,ivyoming found in Chapter 124, "'yoming Revised Statutes, 1931, a1_1d any and all amendments which may be made thereto. "Thirty years active service." An individual whose principal means of livelihood for thirty years has been employment by an incorporated city or cities, town or towns, in the State of ,ivyoming as a member of a regularly constituted fire department and who has been carried on the pay rolls for that period of time. [L. '35, c. 23, § 3. Section S. Upon the death of any paid fireman , where death is the result of an accident, injury o r exposure suffered in the line of duty, or upon th e death of any paid fireman retired according to the provisions of section 4 of this act, the state trea sur er shall pay out ;;f the Firemen's Pension Fund to hi s surviving wife, provided she was his ,vife at th e time of his d·eath or retirement, a monthly pension equal to one-half of the pension such retired fireman was r~ceiving at the time of his death, or a monthly pens10~ equal to o~e-quarter the amount of his compensation <!t the tnne of his death, and such payments sl~all conti~ue during the lifetime of such surviving w1fo or unttl she ren:!arries. In addition to such paym:nt, the state treasurer shall pay to the surviving wife out of the said Firemen's Pension Fund the sum of !en dollars ($10.00) per month for the su~port and mamtenance of each child of such deceased fireman under the age of eighteen years and who wa s s~pport:d by such fireman prior to his death v1dmg n h , pro , t no case ~ a 11 .t 1,e total sum exceed the retirement pay as pr?~1ded m section 4 of this act. In ti event such surv1vmg ,·f I cl' ,e . '' 1 e s iou 11c te or remarry before tiie ch I'ld or children f h d have reached the age ~ ~ut . eceased fireman sha'l 1 treasurer shall pay to ~h= ~:~.~~;~ years, _then the st~te or guardians of such children rr appom_ted guardian amount necessary for th om said fund, the such children until such / care and maintenance of the age of eighteen tme as the same shall reach years or marry :Month! ments to such surviving child or h'ld . y payt~ :xceed the total amount . c t ren m no event v1vmg wife prior to her d f:td monthl:y_ to the sure~ent there be surviving ec\ ·1/r remarnage. In the wife of said deceased fire t ~en but no surviving ~hall pay to the lawfully :;1a:i t en the s~ate treasurer tans of such sun•iving chil~P nt~d guardian or guard($10.00) per month for th ren, tie sum of ten dollars of such child or children e s~pport and maintenance year~ and who was suppo~~de~ the _age of eighteen to his death· als th . Y said fireman • 1 lawf~lly appoint°e'cl g~i!~~\~~;easurer sh~l.1 pay to ~~ ~~ as will be necessary for the such add11tonal amount ~an~ of each child until sucir;per care and maintet~ac ed the age of eighteen tme as the same have of aihsuch a?diJional amount o\ marry, provided e pension such retired fi no exceed one-half ofine-querter the amount f reman was receiving o reman compensati th ' r '35 ?Jw§as receiving at the f on. e deceased , c. - , 5. ime of IJ1s death. [L. Pension-Who Eligible, Amount. Section 4. Any person coming within the following classification and filling the requirements thereof may retire or he retired from active service and receive a monthly pension equal to one-half of his actual monthly wage at the time of retirement, but in no instance shall such pension exceed one hundred dollars ($100.00) per month, and further provided that any old age pension of which he mav become the beneficiary hereafter shall he a deduction against such retirement pension. (a) Any paid fireman who has performed and completed thirty years active service ~h~f ° �50 o :MP ENSATI ON ACT WORK MEN'S C WORKMEN' S CO M PE N SATIO N ACT . d mother surviving w ho w ere debe both father ':n cl ceased fir eman fo r support, th e ~ pendent upon s~1clll e ' out of said °fund to each such \ state treastrero~:~hJtancl in such 12.e r iodi c pay m ents i\ sum, equa to bl for th e dea th 9f a workm a n enY as wdonl? beex~ta/a\aezardous occ upa tio ns und er th e =- Workmen's gage m [L '35 2° ·§ 7 Compensation Act. • , c. .:i, • When Father and Mbther Beneficiaries. Section 6. Upon the death of an y paid fir ema n according to the provi sions of Section 5, of this act, and who leaves surviving him no wife or children but leaves surviving him a dependent father or mother or both, then the state tr easur er shall pay, to th e mother if there be no fa ther, or to the fath er if there be no mother, out of the Firemen's Pension Fund such amount equal to on e-half of the pension such retired fireman was r eceiving at the time of his death , or one-quarter the amount of compensation such fireman w_~s receiving at th e tim e of hi s death, but if there be both father and mother surviving who were dependent upon said deceased fireman for su pport, then the state treasurer shall pay out of said fund t o each an amount equal to one-quarter of the pension such retired fir eman was r eceiving at th e time of his death, or one-eighth the amoun t of compensation such deceased firem <!_11 was receivin g at the time of his death, provided that, in the event either the surviving mother or father should die after the payments have started, the state treasurer shall pay to the other surviving parent the full amount as set forth for either father or mother. [L. '35, c. 23, § 6. Application Investigation. Section s. ·whenever an y fi reman, his sur vivin g wife, dep endent children or depende nt pa rents. sha ll be entitled to any pension or ben e~ts under this a ~t, such fireman , or in the even! of his death, t he ch ief of the fire department, of which he was a m ember o r some other proper person, shall make app licati on fo r such benefits or pension by filin g a complete and co ncise statement of th e facts necessa ry to ent itle s uch fireman or his surviving ,vife or children or pa r en ts to the benefit s or pension und er ·th is act. S uch application shall be fil ed with th e stat e treasur er up on forms provided by him. The state tr eas urer is h er eby given the powe r to inves tigate such a pplication a nd determine whether or . not such applicat ion should b e granted, with the furth er power to hear ev idence as to the justice of the application or require a nd r eceive affid avits as to the truth of the stat ements made in such application. In the event such application is refused, such matter may be taken before th e district court f~r the count7 wherein such applicant r esid es by petition, and notice shall be given said state treasure: _by the court of the date set for hearing. The dc;1s1on of the district court shall he binding upon said state t_reasurer and applicant unless app ealed from accordmg to the procedure provided under the orkmen's Compensation Laws of W yoming. [L. 5, C. 23, § 8. Volunteer Fireman-Benefits. Section 7. An y volunteer fireman who is sufferin g from a mental or physical disability rendering him unfit for active service in a regularly constituted fir e department, and providing such disability comes within the definition of perm_llnent partial disability, permanent full disability or temporary total disability, of the 1Vorkmen's Compensa tion Act, provided, further such disability is the result of an injury, accident or exposure suffered in the line of duty, th e state treasurer shall pay out of the Firemen's P ension Fund, such sum and in such periodic payments as would be payable for such disability of a workman engaged in extra-hazardous occupation under th e 11/"orkmen 's Compensation Act. U pon the death of any volunteer fireman caused by accident or exposure in the line of duty, the state treasurer shall pay to the surviving wife out of the Firemen' s Pension Fund, such sum and in such periodic paym ent s as would be payable for the death of a workn1arl e ngaged in extra-hazardous occupation s un de r the V.,' orkmen' s Compensation Act, provided that, in the eve nt such wife shall die or remarry or in th e event th ere be no surviving wife hut there are surviving childr en, then such payments shall be mad e to th e g uardian of any dependent child or children of such decea sed fireman . Provided further tha t, upon the death of any volunteer fireman according to the above section, ,y_h o leaves surviving him no wi fe or children hut cloes leave surviving him dependent fa ther or mother, or both, then the state tr<~iJsurer shall pay to the mother if there he no father, or to the fath er if there be no mother, out of the Firemen's P ension Fund, such sum and in such periodic payments as would be payable for the death of a workma n en gaged in extra-hazardous occupations und er the 1Vo rkm cn's Compensation Act, but if there 51 f Other Compe'nsation. ~ection 9. Application for pension pno: to actua) retirement upon statem~i ~\hma_de O tent1on to retire but pa m h e 111su~h applicant has actuJly e~!ti: ~ll not 1?egin unt_il stricken from the pay rolls of the ~nd his name 1s fireman or any of his . e city or town . No any of the benefits of th~usrv1vtors !shall be entitled to • survivors • or h 1s are re e·ac• so ong as sa'cl 1 fi reman Compensation Act, but ~~:~n~hpaym~nts. under the ments under the Compens t' e expiration of payto the benefits of this act i~nllAct his or their rights who shall be entitled to the\!n attach •. Any fireman f~r fro!11 the general fund of an efit_s of msurance paid v1ded m section 22-156 W )'. city or town as pro19~1, shall not be entitled ~immg Revised Statutes, ~ his act until such time as s an:i: of the benefits of , i .hall have ceased [L '35 2u3ch§msurance payments C. , 9. '( r,' 1/ , , ' i Payments-Exempt from Legal A . ction // Section 10. Payments mad • f made to the beneficiaries e under this act shall be qf each month and shall hon or before the fifth cla e made by voucher draw~ ' �52 WORKMEN'S COMPENSATION ACT against the Firemen's Pension Fund and shall be paid by the state treasurer out of said fund. No payments made under this act shall be subject to judg!]1ent, attachment, execution, garnishment or otjler legal process and shall not be_assignable, nor shall the state ,treasurer have the authc;irity to recognize an y assignment nor pay over an y sum assigned. [L. '35, c. 23, § 10. � 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 State of Wyoming Workmen's Compensation Act Peace Officers' Indemnity Fund Coal Mine Catastrophe Insurance Fund Firemen's Pension Fund and Acts Relating Thereto With All Amendments to Date - March 1, 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935-03-01 Subject The topic of the resource Booklets containing information on the Workmen's Compensation Act. Description An account of the resource A 9" x 4" light blue booklet with black text and red handwriting on upper writing corner and some minor creases. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0166 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/a8e55ebb85a20b8a8e5a0f3c14929721.pdf 0df97b4bf743adbc631807ab7ac000e5 PDF Text Text IL .Fl of the fa\_ TE IF iffi'YOM_ IlNG The. following fig-ures indicat~ t.ha total a.mount of collection receipts paid by vVyoming Employers ea~h year since tl e establif2hing of the Workmen's Compensation Fund iu 1915 -~o the close of busmess December 31, 1937, as well as the amounts paid out each year by the Depa.:i.t me;;;,t :n the form of Awards to injured workmen, medical fees, hospital fees, investigations a}~.d ac~rD.i.nis tration costs of conducting entire affairs of the Department. · . • Yem· 1915-1916 1916-1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 i935 1936 1937 T otal Amounts Collectecl $241,861.69 218,604.66 215,498.40 240,308.35 483,364.33 351,830.42 Total Amouuts Paid Out S 66,537.-71 106,501.76 103,703.75 .142,091.30 247,755.77 409,60.1.24 373,834.62 693,.j16.49 329,734.8,1 500,474.35 153,0ti0.91 504,868.87 688,223.29 560,221.33 499,606.18 511,105.80 483,259.72 491,277.38 396,589.01 423,404.39 ii19,850.99 .506,508.96 -142,094.90 353,346.37 250,655.84 236,227.13 311,863.35 419,536.87 358,296.07 315,060.01 317,898.43 ·· 338,277.61 ... 403,328.44 . : • 439,338.2.9 589_,897.29 . ·, ,··.·, ' ' 458,246.90 597,914.14 893,825.33 NO ICE! I .. ., . These figures lr<rue been compiled cuul submitled in the abor:e tabulated.form following 1·c~u!:sf.;. mm ~· by various employers and employes ill d iffen:nt secticns of the Sla te u·lu-1 are desirous· of lem•n ·nv ,·~ c-. ·r,.•f •·:mmcial g1·owtlt of the WoYkmen',c; Compensation Depm·trnent aml tlze solr:e11cy of the Fund. It is grnti.F,;iny to note that the collections for the year 19,'ll show the largest volume of bu..'iiness accamplished in. Ute ',:"torg of the Department. 1'he net gain after paying tlze entire administratiue ·cost of the -Departmellt is tr·e greatest er:er 1·ecord!:d since the inception of the W 01·kmen's Comp~nsation Fund. The Wgomi11g JJ'(Jr/mum's Compensation Law is a prntectiori t~ Wyon~in'g Employers as well as Wyo.i, .. 1 E11 pfoyes ! J.· IIRK BALDWIN ' STATE TREASURER in Charge WORKMEN'S COMPENSATION DEPARTMENT ;.i . l , 1938 - - -------- -- - - - � 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 Financial Statement Workmen's Compensation Department of the State of Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1938-02-01 Subject The topic of the resource Financial information for the Workmen's Compensation Department. Description An account of the resource An 11" x 8.5" newspaper clipping glued to cardstock Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0168 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/66916fd40a5fa61fa3c96e2816910936.pdf 9c1a3cba3df0dd9bc52b4b8f8c905de0 PDF Text Text '*********-lHC·***********************-lHHH+****-lHE--lt •******"***************"************************ STATE OF WYOMING W({))Rll(MJE1\l9 § COMIPEN§Aill(Q)N ACl PEACE OFFICERS' INDEMNITY FUND COAL MINE CATASTROPHE INSURANCE FUND FIREMEN'S PENSION FUND And Acts Relating Tlzereto With All Amendments to Date MARCH 1, 1935 Compiled By J. KIRK BALDWIN, STATE TREASURER CHEYENNE, WYOMING �WORKMEN'S COMPENSATION ACT CHAPTER 124 R . S. 1931 Section. 124-101. Name of law. 124- 102. Gene ral prov isions. 124-103. P rov isions exclu sive, compulsory and obligato ry. 124-1 0-L Extra-hazard ous occ upati ons defin ed. 124-1 05. Excep ti ons. 124-106-7. Defin itions. 124-108. Guardia n may ac t fo r perso ns under disab ili ty. 124-109. If ot her th an employe r is liabl e. 124-110. T hi s chap ter gove rn s as to liab ility of employe r. 124-111. Blank fo rm s supp lied by state treas urer. 124-11 2. R eports of acc icl en t. 124-113. I 1wes tiga tion by th e district judg e-Procedure in di sp ut~d cases. 124-114. Appeal to supreme court. 124- 115. Court ord er recorded - Copies to auditor and treas urer. 124-11 6. Industrial accident fund-Appropriation, 124-117. Employers' assessmcn ts. 124-118. Filing of payrolls with state treasurer .. 124-119. Inspectors - Failure to pay assessment Penalty. 124-120. Compensation schedule . 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe - Payments withheld. 124-124. Exemption from execution or attachment. 124-125. i\linor workman. 124~126. Extra-hazardous pub Ii c work - Cont,act work. 124-127. Safety devices. 124-128. Unlawful to receive more than S per cent of compensation for services rendered. 124-129. Physician~ required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. 124-134. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. �4 WO R KMEN ' S COMPENSAT IO N ACT *124-136-A. Closing of account s. _124-136. Ac ti ons against employe r independent of chapter. 124- 137. Reope ning o f cases. 124-138. B ills to be itemi zed-Tim e of filin g. 124-139. Notificatio n by doc tor . 124-140. Award s. 124-141. De ferred paym ent acco unt. 124-142. Bribery. 124-101. Name of law. T his chap ter sha ll be known as the "wo rkm en's compensati on law." [L. '15, c. 124, § I ; C. S. '20, § 4315. \ \TorJ..•·m an' s com pensa tion ac t would be va lid as to the remai n. dcr even if the provision for non-paym ent for the firs t ten days was inva lid, being severa ble. Zanca ncl li v. Central Coal & Coke Co., 25 W yo. 5 11 , 173 P . 98 1. \ Vorkm cn's com pens;-it ion act is valid, and not con trar y t o any provision of th e stat e or federa l cons tit u tions. Id . \ Vorkmcn 's compensat ion act docs not violate ame ndme nt to cons t. a rt. l 0, § 4, provid ing com pensation "to each person in .. jurc<l ," in th:i t no compen .l tion is allowed fo r firs t 10 <lays of disa bil ity. I d. \\Tork.men 's compensation ac t, § 124-113, docs not deny the r ight of an em ployc to be re presented by counsel, in view of § 124•12 , r ela tjng to fees oi a ttorneys. Id. \.Vo rkmen' s com pensation ilCt is not unconst ituti onal in that the provision that children over the age of 16 sha ll not be considered depende nts u nless incapacita ted . I d . \Vorkm en's com pensa tion net is not u ncons titutional in that nonresid ent alien fa mily of deceased employc s hall receive only 33 per cent of amoun t allowed to resident of s tate. Id. T his chapter held, not based on un rea sonab le classifica tion, citi ng- consl. art. I § 34 . Ideal Da kc ry v. ch ry ver, 43 W yo. 108, 299 P . 284. Under § 124· 124, providi ng th a t no m oney payable under this chaip tcr. sha ll , prior to issuance and delive ry of warra nt therefor, ' 'pass to a ny other person by operation of law," the ri ghts of a n inju red cm ploye to compensa tion provided fo r in §§ 124•102, 124 •1 03. 124·11 3, did no t pass to his ad min istra tor as a n asset of his esta te on his dea th aitcr award had been made, but before the issuance or deli very of the warra nt provided fo r in § 124• 115, s ince in its ordinary and us ual sense with in § 11 2· 101 , the phrase '' by operation of law/' when u sed to clescribc a method by which titl e to prope rt y is transicrred. incl uclcs a transfe r by intestacy. L a Chappelle v. Union Pacific Coal Co. , 29 \ Vyo. 44 9, 2 14 P . 587. This chap ter cited in St.ate v. Carter, 30 \Vyo. 22, 43, 215 P . 477 , 484. Findings on evide nce in compensation contest conclusive. Standard O il Co. of Indiana v. S ulliivan , 33 W yo. 223, 237 P . 253. A ward not conjecturnl, though different finding justified. Id. Under this chapter there is a. prima. facie right to compensation when disability or death is result of an injury sustained in extra .. hazardous employment and the r ight thereto s hould not be denied unless the injury was du e solely to the negligence of the workman whose injury or death is the basis of the claim, a.nd the burden of proving s uch affirmaitive clefensc is on the employer, in view of § 124-112. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 542. Tot.al disability s hould not be declared permanent, unless certain. Carter Oil Co. v. Gibson, 34 Wyo. 53, 241 P. 219. Evidence held, to justify finding that total disability was permanent. Id. Legislature may impose duty on court reporter of making transcripts of compensation cases free of cost. In re Winborne, 34 Wyo. 349, 244 P . 135. *This section omitted in R. S. 1931. �WORKMEN'S COMPENSATION ACT 5 Thi s chapter cited in construing §§ 124-104 and 124-107. In re Karas. 34 Wyo. 357, 243 P . 593. Rul e th at ~n case of conflicting evidence appellate court will no t . reverse Judgment s uppor_tcd by subs tantial evidence, held, apphcablc to cases under t1ns chapter. ?\lc~1ahon v. ~fidwcst Refining Co., 36 W yo. 90, 252 P . 1027. This chapter c it ed in cons tn1ing certain sections hereof. In re Hi bler, 37 Wyo. 332 , 261 P . 648. This chap ter cited in R eintsma v. Standard Oil Co., 37 \Vyo. 47 I, 263 P. 6 19, annotated under § 124 114. Cited in construing § 124-J 12. In re ~-'f artini , 38 Wy o. 172, 265 P. 707. ln re [cCon ncll v. M u rp hy B ros., 45 W yo. 289. 124-102. General provisions. Compen sation herein provided for shall be payable to person s injured in extra-haza rd ous employ m ents, as herein defined , or th e depend en t famili es of such, as die, as the re sult of such in ju ries, excep t in case of injuries due solely to th e cul pable neg lige nce of th e inj ured em ployes. Said com pensa ti on sha ll be payable fr om fun ds in th e stat e treasury to be accumul ated and maintained in th e m aner her ein provided. The r ig h t of each em ploye to compensati on fr om such fu nds shall be in lieu of and shall take th e place of an y and a ll rig hts of action again st any emp loyer con tribu ting, as requi red by law, to such fu nd in fa vo r o f an y such per on or persons by rea son of an y s uch injury or dea th . ections 23129, 89-403 anti 89-404, a nd a ll laws or part of law s r elatin g to damages fo r inj ur ies or d ea th from injuries :,r in an ywise in confli ct wi th this chap ter a rc hereby r epealed, as to the employ m ents, em ploye rs a nd employes comin g- within th e term s o f thi s chapter. [L. ' 15, c. 124, § 2; C. S . '20, § 431 6. Qu oted in Zancanelli "· Central Coa l & Coke Co .. 25 \V yo. 51 I. 173 P . 98 1 ; and in Ideal Ba kery v. Schry\'cr, etc .. 43 Wyo. 108 , 299 P . 284. Cited in L a Chappelle v. t: nion P acific Coal Co., 29 \V yo. 449, 214 P. 58 7. annota ted under § 124-101. Th e word 0 solely,'' as used in Const . a.rt. 10, § 4, and this section. enacted pursuant to authority there given, is a word of exclusion. and may be used to mean ''only" or "exclusively," and as used mu st he given a reasonable meaning. in view of the kn own policy of thiis chapter. Hotelling v. F a rgo-\Vestern Oil Co .. 33 W yo. 240, 238 P . 542. Proof held, insufficient to sustain affirmative defense that workman's <lea th was due solely to his own negligence; fellow workman's negligence immaterial. Id. City employc, injured while impounding animals, which occupation was not vdthin compensation law, could not recover compensation. though nho employed as truck driver, which was within law. Leslie v. City of Casper, 42 \Vyo. 44, 288 P . 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an cmploye on account of an injury shall be exclusive of all other rights and remedies of such employe, his pers·onal or legal representatives or dependent family at common law or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be exclusive, -compulsory and obligatory upon both employers and employc_i; cpming witbi.n the provisions hereof. [L. '15, c. 124, § 3; C. S. '20, § 4317. Q-~oted in Zancanelli v. Central Coal & Coke Co., 25 V,'yo. 51 I, 173 P. 981. Cited in La Chappelle v. Union Pa9ific Coal Co., 29 Wyo. 449, 214 P. 587, annotated under § 124-101. �6 'WORKMEN'S COMPENSATION ACT 124-104. Extra-Hazardous occupations defined. The extra-hazardous occupations to which thi s chapter . is applicable are as follows: Factories, garages, n1ills, printing plants and work-shops wh ere machinery is used; foundries , blast furnac es, min es, oil wells, oil refin erie s, gasoline filling s tation s a nd bulk oil station s, gas works, natural gas plants, water works, reduction work s, b r cw er i es, dis till eries, elevators, dredges, excav a ti ons, tra nsfer co mpani es, general teamin g, g-eneral tru cking, ditch rid er o f irrigation di stricts, smelters, powd er works, lau ndrie s ope rated by power, k itch n ~mployce and waiters, wi10se employme nt requi re s them to go to and from kitchens, of hotels, res taurants, and bakeries, quarri es, enginee rin g- works, logging. lumber .yard , lumber in g and saw mill ope rations, dud e ranchin g, st re et and interurban ra ilroads not engaged in interstate com merce, bu ilding being const ruct ed . rep~ ired, moved or demo li shed. painting operations, telepl,:i_onc, telegrap h. electric light or power plants or li nes, steam hea tin g or power p lan ts, ra ilroads no t engaged in inters tat e commerce. bridge building, the occupations of city or tow n firemen and c ity gr town policem an. and all emp loy men ts wh erein a p_r_o cess reg niring the use of an y dangerous explosiv es or inflammab le mate rials is car ried on, which is cond ucted for the purpose of business trade or gain , each of which employment is hereby determined to be extra-ha za rdou s and in whi ch, from the natnre, condi tio ns or m ea ns o f prosec ution of the work th erein require d ri sks to the life ai,d limb of the workm en engaged the rein arc inherent. necessary or sub stan tiall y unavo idab le. T hi s chapte r shall not appl y in any ca e wh ere the injury occurred before this chapter ta kes effect, and to a ll rig hts which have accru<;!_d by rea so n of any such injury prior to th e taking effect of th is chapter, shall be saved the rem edies now existing th erefor. [L. '3 1, c. 94, § 1; amending L. '29, C. 46, § 1; L . '23, C. 60, § l ; L. '21, § 138, § 1; C. s. '20, § 4318; S. L. '35, C, 100. Questions of neg-lige.ncc for injury received in cxtra•hazardous occupations stated. Hotelling ,·. Fargo-\Vestern Oil Co., 33 \Vyo. 240, 238 P. 542. Plas terer, contracting to move ho4se an<l hiring helper, held, employer cn(:!agcd in moving buiildings. In re Karas, 34 Wyo. 357, 243 P. 593. Cited in Lesli,· "· City of Casper, 42 Wyo. 4-l, 288 P . H, annotated under § 124•102. Quoted in Ideal Bakery v. Schryver, etc., 43 \Vyo. 108, 299 P. 284. 124-105. Exceptions. This chapter shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce as to be not subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any employe engaged u1 domestic ser_vice, ranch, farm, agricultural, or horticultural labor, or stock raising, or any person holding an appointment as sheriff, or deputy sheriff, or constable or deputy constable. [L. '23, c. 60, § 2, amending C. s. '20, § 4319. �WORKMEN 'S COMPENSATION ACT 7 124-106-7. Definitions. In this chaP.ter unless the context otherwise requires: (a) "Factori es" mean any premises where power is used in ma nufacturing, making, altering, adapting, ornam en ting, finishing, repairing or ren ovating, any article for. th e purpo§._e of trade or gain, or the business carired on th erein, includin g expressly any brick yard, meat packing hou se, foundry, smelt er, ore reduction work s, lime-burning plant, stu cco plant, steam heating plant, elect ric lig hting or power plant, in cluding all works in or di rec tly connected with the construction, in sta lla tion, ope rat ion, alt era tion, removal or r epair of wires, cables, switchboards or appa ratu s used for the tran smi s ion of electric cur rent, and water power pla nt, in cludin g tower and standpipes, power plant, blast furn aces, paper mi ll , printing plant, flour mill, g lass fac tory, ce m ent plant, arti ficial g as plant, machin e or r epai r shop, oil plant, oil refinery plant and chemical manufact ur ing plan t; (b ) "\ 1/ork shop" mea ns an y yard, pla nt, premises, room o r place where po wer driv en J!lac hin ery is employed and manual labor is exerci sed by way of trade or gain, or otherwise incidental to the process of makin g, altering, repai ri ng, pri nting or ornamenting, finishin g or adapt ing fo r sale or otherw i e an y a rti cle or part o f a rtic le, over w hi ch pr emise , room or place th e employe r of th e pe rson ,yorkin g th erein has t he r igh t of access or con trol; (c) "Mill" m ea ns an y plant, premis es, room or place wh ere machinery is used, any process of machinery, chang ing, alterin g or repairin g any article or commodity fo r sale or o th erwise toge th er with th e yards and premises which a re a part of the plant including elevators, warehouses and bunkers, saw mill , sas h factory or oth er work in the lumber indu stry; (d) "?vl in e" means any opening in the e<!!:_th for the purpose of extracting iron, oil;- coal, or other minerals and a ll und erground workings, slopes, drifts, shafts, galleries, w ells and tunnels, and other ways, cuts and op enings connected therewith, including !.)1ose in the course of being opened, sunk or driven. and includes all the appurtenant structures or machinery at or about the openings of the mine, and any adjoining adjacent work place where the material from a rrtirie is prepared for use or shipment; • (e) " Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise removed from the earth · for the purpose of trade or bargain or of the employer's trade or -business; (f) ''.Building work" means any work in the erection, construction, extension, decoration, alteration, _repair or demolition of any building or structural ap- : purtenances; (g) "Engineering work" means any work in the construction, alteration, extension, repair or demolition of a railway (as hereinbefore defined) bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, or any caisson work in artificially compressed air, any �8 WORKMEN'S COMPENSATION ACT - work in dredging, work . on lo~ <;>r lumber_ rafts or boo ms; pile drivi_n?", moving b~1ldmgs, movmg safes, or in layi ng, repamp g or r~mo".mg m_1derground pipes and co1!!1ections; th e erect ion , mstalh_n g, repairing, or removing of boilers, furnaces, engm.£._s and power mach inery (including. belting and ~ther conections); and any work in g ra_g111g or _excavatmg wl~ere shoring is necessa ry or power mac hm ery or blas tmg powder dynamite or other hi g h explosive is in use (excludin~ mining and quarrying); (g-1) "D ud e ra nchin g" fo r the purpos~ of this cha pter is def in ed and !:Deans a ranch conducted primaril y fo r th ~ accomodation and ent ertainment of g uests for monetary consideratio n ; ( h) "E mpl oyer" includes any mun icipal_ity, county, person or body of person_s, co rporate or mcorporate, and th e legal repre entat1ve of a deceased employer or th e rec eiver or a trustee of a pe rson, corp oration, association or partne rship ; (i) " \Vo rkman" mean s any per on who has entered into th e employment of or works under co ntract of se rvice or apprenticesh ip with an em ployer, except a perso n whose employment is pu rely cas ual and not fo r th e purpose of the employe r' trade or business, or those engaged in clericaJ work, a1.1d_ not subject to th e ha za rd s of the bu in ess, or one holding a n official pos ition. The term "workman" ha ll include "employe" an d th e term "emp loye" shall include "workman'' and each hall in clude th e s ingu lar and plural of 1;oth sexes. Any refe rence to a workman who has been injured shall, w here the workman is dead, include a reference to his "dependent fa mily" as hereinaftei:. defined, or to his legal rep resentative, or where the workman is a minor o r in coD"lpetent to hi s guardian or next fri end ; (j) " Dependent famili es" as used in this chapter means such members of- th e workman's family as were wholly or in part actually dependent upon the workman for support at the time of th e injury. No spouse shall be entitled to the bene fits of this chapter nor shall such fact influence any awards made hereunder unless he or she shall have bee n married to the workman by a marriage duly solemnized by legal ceremony at the time of the injury; (k) "Child or children" means the immediate offspring or legally adopted child or children of the injured workman, boys under eighteen (18) years of age and girls unde, ~ighteen (18) years of age (and over said age, if physically or mentally incapacitated from earning) and shall also include legitimate children of the injured workman born after his death or injury. In other cases, questions of family dependency in whole or in part shall be determined in accordance with the fact, as the case may be at the time of the injury; the foregoing definition of ,:dependent families" sh_all not _in_cluge any of the persons named, who _are aliens res1d1ng beyond the jurisdiction of the United States o~ America, except a surviving widow or boys u!lder eighteen (18) years of age or girls under eighteen 08) years of age, or parent or pai:ents, and as to such non-resident aliens the rate of compensa- �WORKMEN'S COMPENSATION ACT 9 tion shall not exceed thirty-three and one-third per cent (33½%) of the rates of compensation herein provided; (1) The words "injuries sustained in extra-hazardous employment," as used in this chapter, shall include death resulting fr?m injury, and injuries to employes, as a result of their employment and while at work in or about the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in places where th eir employer's business requires th eir presence and subjects them to extrahaza rdous duties in cident to th e business, but shall not include injuries of the employe occ urring while on his way to assum e the duties of his employment or after leaving uc h duties, the proximate cause of which injury is not th e employer's negligence; (m) TJ1e words "inj ury and personal injury" shall not include injury ca used by the wilful act of a third person dire cted again st an employe fo r reaso ns personal to uch employe, or because of his employment: nor a disease, except as it shall directl y res ult from an injury incurred in th e emp loymen t ; ( n) " Invali d" m eans one who is phys icall y or mentall y incapacitated from ea rni ng wages. \Vhct hcr cmploye's work is casual or fo r purpose of empl oyer's trade or busin ess , within thisi section, defining workman, depends on fact s of individual case. In re Ka rns, 34 Wyo. 357, 243 P. 593. House mover's employc, llri,·ing tractor, held , workman, within compensation law, though employment WjS casual. I<l. Subdivi sion ( 1) held, to include injuries suffered through the perfom1ancc of all duties of the employment, whether main or inciden tal th ereto but call ed fo r by it. Ideal Ilakery v. Schryver, etc., 43 Wyo, 108, 299 P. 28 -1. Cited In re Martini, 38 \Vyo. 172, 265 P . 707, annotated under 124- 11 2. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, claim and exercise such right or privilege and no limitation of time, in this chapter provided for, shall run, so long as such incompetent or minor has no guardian. [L. '15, c. 124 § 7; C. s : '20, § 4322. 124-109. If other than employer is liable. Where an employe coming under the provisions of this chapter receives an injury under circumstances creating a legal liability ip some person other than the employer to pay damages in respect thereof, and no legal liability attaches to t!Je employer, then and in such case such employe shall be left to his remedy at law against such other person, and cQ_mpensation shall not be payable under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. ' 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole �7 10 WORKME N'S C01v!PENSAT ION ACT or in part, frq_m any liability created by this chapter except as herein provid ed. [L. '15, c. 124, § 9 ; C. s. '20, § 4324. \ Vhcthcr sti pulation ior reopen mg case on . c~rtain conditions after final jud gment a!low mg ~ompens_a u o!1 to mJur!!~ cmploye is void under this section, ts 1mm a!enal 111 dctcrmtnmg whether cour't had jurisd iction to reopen Judg-mcnt . which adopted the confirmed sta tements in st ipu lation at least in part. l\1idwcst Re. fin ing Co. v. George, 41 \Nyo. 55, 281 P . 1005. 124-111 . Blank forms supplied by state treasurer. I t shall be th e duty of the tate treasur er to prepare ca use to be printed and suplicd free fo r use in the ad mini stra ti on of this chapte r such blank forms as may be needed in th e admini tration thereof, and the forms provid ed by th e state treas urer hall be used as near as may be in all proceedure under this chapter ; and it sha ll be the duty of th e state tr eas urer t9 provide him self with such othe r books, records, or for ms as may be deemed necessary to expedite the transaction of business under the provi sions of th is chap ter. T he sta te treasu rer hall also prepa re and cause to be printed, for th e informa tion of employes a nd workmen, such helpful instru ctions as will assist injured wo rkmen in correctly making cl aim s fo r co mp ensation . [L. '23, c. 60, § 5 ame nding L . '21, c. 138, § 4; C. s. '20, § 4325. 124-112. Report s of accident. , \ ' henever a n accident occ urs, causing injury to an y workman engaged in any of th e extra-ha zardous employments defi ned by this Chapte r, it hall be the duty of the employer and the injured emp loye, or omcone on his behalf, or in behalf of th e inju red cmploye' s dependen ts, if he be kill ed or dies fr om the injury, within 20 clays th ereafter to make a repor t of s uc h accident and the apparent injury res ultin g th erefr om a nd to fil e said report in th e offi ce of the clerk of th e district court of the county wher ei n such acc ident occurred which report shall state: Provided, however, that lack of said notice by th e inju red employe shall not bar proceedings if the empl oyer hail actual notic e of knowledge of the injury. ( 1) The name of the injured workman and the time, cause and nature of the accident and the injury; also whether the injury has disabled the worklJlan from continuing the performance of his duties; (2) Vvhether the accident occurred while the work- · man was •engaged in the duties of his employment, and grew out of the employment; (3) The nature of the employment and the duties and how long the workman has been engaged in the service oT such employer ; (4) Whether the accident was or was not due solely to the culpable negligence of the injured employe and if so, a stateme!!_t of the facts; . (5) Whether _the injured workman is married or smgle; whether he has a dependent family, and if so, the· _names of t.he persons comprising such dependent family and their place of residence; • (6) Whether the injured workman intends to claim co_mpensation under tl1is Chapter. ~ �WORKMEN 'S COMPENSATION ACT 11 Said e~ployer's report q_f accident may be made upon a prmte_<l form prepared by the State Treasurer for such purposes, and s_hall be verified as pleadings in civil a<:_tio'l_s. Wilful failure or neglect, on the part of any employer whose business or occupation is one enum erated and defined herein as being extra-hazardous, to r eport accidents cau sing injury to any of "his employes, shall be a mi sdem eanor and upon conviction sucJ1 employe r shall be punished by a fin e of not exceeding fiv e hundr ed ($500.00) dollars. I . The injured em ployle's re po rt of a cident may be made up.9n a print ed fo rm prepa red by the State Treasu rer for that purp ose. No order or award for co mpensation shall be made unless, in additi on to th e repor ts of a£._c ident, a n a pplication o r claim for awa rd is fil ed by the in jured workman, or someone on his behalf, or in case of death of the injured workman, by his dependen ts or some one in th eir behalf, with the clerk of the dist ri ct co urt in th e co unty w herein such acc iden ts occurred , within one yea r after th e day on which the inju ry occurred. Teither the repo rts of accident nor anythi ng th erein conta ined shall co nstitu te a claim for compensat ion. The cmployc's claim for co mpensation may be am ended at any tim e before an or igina l order of award has bee n made in order that the -workman may correctly set out the nature of hi s injury. [ C. . '20, § 4326, as amended by L. '27, c. Ill ,§ 1; L. '29. c. 61, § l ; s. L. '35, C . 100. Cited in H otelling v. Far!!'O·"'es tcrn Oil Co., 33 W yo. 240, 238 P. 54 2, annotated under § 124 -1 01. R eport fi led by employer, concern in g accid ent and iu jjury suffcn~cl therl!by, is ordi narily adm iss ib le in evidence.. Ideal Bakery v. Schryver, etc., 43 W yo. 108. 299 P . 284. Limit.1 ti on of t.imc for application fo r compensation by injured cmployc, held, .appl icable to injuries resulting in death . In re Martini, 38 Wyo. 172, 265 P. 707. Limitation fo r filing cJaim by injured empl oyc, held, applicable to claim by:._ surviving parents. Id. That cmp1oye's surviving parents were in Italy, held, no ex• cuse for not filing cJaim for compensation in time. Id. Lack of knowledge as to limitation for filing claim for com• pcn'-ation , he.Id. no excuse for failure to file claim within pre• scribed time. Id. 124-113. Investigation by the district judge-Procedure in disputed cases. '\¥henever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said clerk to at once notify the judge of said court, that such injury report has been filed in his office. It shall thereupon be the duty of said judge to investigate the nature of said injury and • claim f~ compensation at the earliest possigle date, 'in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof, is disputed by the employer, and if there be no dispute, as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collu- 0 sion, said judge shall thereupon make an order di- ' recting payme~t for such compensation from the state industrial accident fund in acordance with the facts �12 WO RK MEN'S COMPENSAT IO N ACT by him asc ertained and tht; t~rms of t~is _c ~apter. If th ere be a disp ute, as to the n g ht o fsa1d tnJured employe or his dependent fa mil y t9 receive compensation, or as to the amount thereof, then it shall be the duty of said judge to set th e case dow n for a hearing at th e ea rlies t possible da te and to direct notic~ of such hearin g to be issued by th e cl£rk of said court for service upo n the employer a nd th e employe at least se ven ·(7) days befo re th e date fi xed for said hearing, whic h said notice shall be served by the sheriff of said co un ty witho ut expense to eit her pa rty, except that his ac tual traveling expenses sha ll be a llowed and taxed, as co t . T he hea rin g sha ll be conduc ted upon th e statement an d r eport fi led by the emp loyer, a rid such fo rmal claims as may be prese nted and fi led with the cl crl of th e distr ict cour t by or on behalf of the injured wo rkma n. If the employe r, in hi s report of the injury, alleges tha t th e i1tiury was du e solely to the culpa_hle neglige nce of the in jured cmploye, or th at the claim fo r compensation i one not co ming wi thin the provi ions of this chapter, then a ju ry may be dema nd ed by either party and the cau se s ha ll be tried, as a court m:oceed ing. If a jury is deman ded, it may be elec ted fr om names drawn from the five m ile limit ju ry box, as in civi( cases, at any time in term time or vacati on unle s a r egu lar jury panel be in atte nd a nce at the court on the da te any such hea ring may occur. T he taki ng of evidence hall be s ummary, giving a full oppo rtunity to all pa rties to deve lop the fac ts fully. The off icial co urt repo rter of th e district court shall a ttend the hea-;:ing a ns! make a tenograp hic report of the evidence wit hout co t to eith er party. The cour t or jud ge hall direct th e co unty and prosec ut ing attorn ey, or o ther competent atto rney a ppoint ed by the co urt to conduct th e exa mination of wi tn esses on be half of the injured workman , a nd it sl1al) be th e duty of sai d a tt orney to appea r and perfo rm such service without expense to either party. T he employer may appea r in pe rson or by co unsel a nd introduce evidence a t th e same hea ri ng. To costs shall be taxed by th e cl erk except fees fo r witn esses, w ho may be subj oe naed and who shall be allowed the sam e fees. for a tendanc e and mileage, as is fi xed bY. law in civil actions, and jury costs shall also be taxed. All such costs shall be paid from- tlie accident fund , if the verdict and judgment be in fa vor of the employer ; but if against the employer then he shall pay the costs. At the conclusion of the hearing, the court shall enter an order pursuant to th~ verdig of the jury, if a jury be called, and if no jury be called, the court or judge shall render a decision upon the facts and law q_f the case pursuant to the provisions of this chapter, and make an order allowing or disallowing com_Qensation, as t~e law and the evidence may warrant. In- any pro- · cee?mg before a court or judge, as aforesaid, the court ?r JU~~e sh~ll have authq_rity to appoint a duly qualified 1rr:ipartial physician to examine the injured employe agd give testimony. The fee for such service shall be five dollars ($5.00), unless otherwise ordered by the court, with mileage allowance as is allowed ~ to _other witn_esses, which shat be taxe'd as costs, and paid as other witness fees are paid. The employer or cmploye may, at his own expense, also appoint a �WORKMEN'S COMPENSATION ACT 13 qualified physician, who may ~ttend and be present at any such examination of an injured employe and give testimony at such hearing or investigation. Where an award of compensation has been made in favor of an injured employe, an application may be made to the court by either party, any ~ime after one year from the date of the award for a modification of th e amo unt of the award, on th~ g round of increase or decrease of incapac!ty due solely to the injury, or upon th e gro und of mistake or fraud . [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2; S. L . '35, c. 100. Thi s section <loes not deny the right of an cmployc to be rcprcst:ntccl by counsel. in vie w of § 124•128 relating to fee s of a ll orn cys. Zanca nelli v. Cen tral Coal & Coke o., 25 Wyo. 511, Ji3 P . 98 1. Court in compensation proceedi ng held, auth orized to secure c..x pcrt tes ti mony 01~ effect of injury . though hearing o n ultimate fact. akamoto v. K emmerer Coal Co., 36 \Vyo. 325, 255 P. 356. R efu sal to take compensation case from jury after employer admitt ed there wa. s no evidence of ,a.•orkm cn's cupablc ng ligcncc, held. not error. I n re Hi bler, 37 Wyo. 332, 26 1 P. 64 8. Hearsay testimony of deceased empl oyc's wife, concern ing em• ployc's statements rb.tinf:' to inj ury, admissible where no objcc• tion was made at trial. Ideal Dakcry v. chry vcr, 43 \\Tyo. 108, 299 P . 284 . Cited in L a Chappelle v. Union P acific Coa l Co. , 29 Wyo. 449 . 21 4 P . 587, annota ted under § 124-101. Cited in l\Iidwcs t Refi ning Co. v. George, 41 \Vyo. 55, 281 P. 1005 . annota ted u nder ~ 124-H 0. !l l idwcs t Refi ning Co. v. George, 44 \ Vyo. 25. 124-114. Appeal to ~upreme court. Any order given and made in any investigation or hearing by a court or judge, pursuant to the provisions of this chapter, shall be rev iewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil procedure ; provided, however, that the petition in error, bill of exceptions and record on appeal must be filed in the supreme court within seventy (70) days from the date of decision or order on motion fo r new trial by a court or judge, unless the time be extended by order of court or judge; and fifteen (15) days shall be allowed plaintiff in error thereafter for filin g brief, and fifteen (15) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be advanced on the calendar and disposed of as promptly as possible. In case an appeal t.9 . the supreJ!le court is p_rosecuted on behalf of t)1e injured workman, the county and prosecuting ~ttorne;v, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official court reporter of the district wherein said injury occurred and duly certified without cost to said injured workman, and said county and prosecuting attorney or other attorney shall order the papers on file in the office of the clerk of the district court to be by said clerk prepared, transcripted, certified and forwarded to the clerk of the supreme court, without co§t to the iajured workman, and the proceedings in the supreme court, shall be conducted on behalf of the injured workman by the attorney general of the state as part of his official duties, and by any other attorney representing �3 a 14 WORKMEN 'S COMPENSATION ACT said workman. In case ;gi appeal be prosecuted on behalf of the employ~r, the record of _the p_roceedings at the original hearmg shall ,be s upplied without cost to such employer, but suc h employer may employ cqunsel to conquct such appeal o n his behalf. The court granting an appeal to an emp loyer from an order of award shall stay, un ti! the appea l is finally determined, the payment of said award or that portion thereof app ealed fr om up on such term s as may to the court eem ju st and prop_er. [L. '31 , c. 73, § 59, amending L . '25, c. 124, § 2 ; C. . '20, § 4328. Law permitt ing rctcn tim~ _o r fees b)_' rcl?ortcr for transcripts hcl<l, not to rcpe.:, I l:iw requ iring tr~nscn pts 111 c~mpcnsation cases to be fu rn ished without cost to par ties. In re \Vm bome, 34 Wyo, 3-19, 24-l P . 135. Cost of transcript, in appeal under tbisi chapter, no t contingent expense paya ble out of industrial accident fund, nor from interest earned by said fu nd . Judgment on substantial evidence in co mpen sat ion C.."'l SC is con~ elusive. )[cl\fahon v. ) [idwcst R efini ng Co. , 36 W yo. 90, 252 P . 102 7. \\' here petiti on in erro r :lnd record in compensation case were not fil ed within time limited. th e strpremc court was without jur_isdiction. Ritsma v. Standard O il Co .. 37 W yo. 47 1, 263 P . 619. 'M otion for new trial, under thi s section, must be fi led within 10 days from fina l order, anrl, wh ere no t ~o fil ed. error proceedings must be dismissed where motion for a new trb l was necessary. Standard Oil Co. v. Duchana n, 39 \ Vyo. 372 , 271 P . 876. Procedure on app'eal in ordina ry c ivi l cases applies to cases under compensation ac t. except as othen\;Se provided . Id. Assignment of error in motion for new trial not urged in brief is wai,·cd. Ideal Dakery v. Schryver, 43 \ Vyo. 10 , 299 P. 284. U nless an appeal frcim an orde r, in proceedings under this chapter, is perfected by fili ng record in supreme court within 30 clays thereafter as required by this section. or as extended by order of court or jjud ~e. the supreme court has no jurisdiction of the case on appeal. I n re Krivokapich. 4 1 W yo. 9, 28 1 P . 195. Failure of parties appealing fr om a ward o f compensation proceedings to file record with in statutory period required dismissal. Id. ~asc dismissed for fa ilure to perfect appeal in time. ]\farsh v. Alioc, 43 Wyo. 345. , Proccerling-s held, rcviewable by direct appeal except where altered, in ,·icw of this sction. ;\farsh \', Aljoc, 41 \ Vyo. 119, 282 P. 1055. District court held, authorized to make second extension order for perfecting appeal to supreme court. Id. Righ~ of compensation claimant to attorney general's services must yield to state treasurer's right thereto, when he petitions to reopen case. Id. Supr<:mc court has no jjurisdiction of appeal in compensation P~_ocecdmgs taken af\cr expiration of sta tutory period, therefore 1~ order extending time. In re Contas, 42 V,,'yo. 59, 289 1? 6~'. General terms of compensation law, fixing time for filing record ondap peal. were applicable to filing record in compensation cases u~ ,"v':. subsequently created appellate procedure. In re Contas, 4• yo. 94, 291 P . 314. d Tk cnftitlc record on _appeal to be filed within statutory period, oc ct ccs must be paid to clerk within time allowed. Id . . Arp:il:mt has duty of seeing that ·his record on appeal is for• "art c to supreme court as required by law. Id. 124-115. Court order recorded-Copies to auditor ~d treasurer. _Every order given and made by a d_isrict ; 0 urt «;>r Judge awarding payment from the Jl~u st rial accident fund to an injured employe or hts dependent family, shall be entered of record by the clerk of the court where given and true copies thereof �WORKMEN'S COMPENSATION ACT 15 shall ·be immediately made and certified by said clerk and forwarded to the state auditor and state treasurer respec tivel y, of \ ,\/yomin g, and shall be by each of said officers entered upon a record to be known as th e compe nsation docket, and shall be the authority and dire_ction of the state auditor to iss ue warrants for compensa tion award s against the industrial accident fund a nd fo r th e state tr eas urer to pay such compensation a wa rd s from said fund. [L. ' 15, c. 124, § 14; C. s. '20, § 4329. Ci te,! in La Chappelle v. Un ion Pacific Coal Co. , 29 W yo. H 9, 2 14 P . 587, a nnota ted under § 124-101. 124-116. Industrial accident fund-Appropriation. T here is hereby created a fund to be kn own as the "in dustrial accident fund ," which shall be held by th e state trcasu(er and by him depo sited in suc h banks as arc auth ori zed to r eceive depos its of the funds of th e state. The treasure r in making said deposits shall divid e th e said industrial accident fund into two distin ct fund s, one to be kn ow n as the "gc11eral fund" a nd t he other to be known as the ''reserv e fund." The "general fund" as near as may be, shall be used for p_eymcnt of all awards, claims and items of expe nse chargea ble against the industrial acciden t fund, and th e " reserve fund" shall not be used for any of said payments unlc s the "general fund" a t the time is insufficient to meet the demands upon it, in which case the treasur er shall transfer from the "reserve fund" to th e "general fund" a sufficient amount to meet the immediate demands upon said "general fund ." The purpose of creatin g said "reserve fund" is to provide a fund within the industrial accident fund sufficiently large to pay great and unusual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, and .the "reserve fund" shall be kept apart from the "general fund," anp as near as may be unused in accordance with said purpose. The state treasurer shall set aside in the "reserve fund" at the end of each month twenty-five per cent (25%) of all moneys received in the industrial accident fund during said month in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, county, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall become a part of the industrial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be pai<! from the accident fu!!,d in any court proceeding under this chapter, and all contingent expenses incurred in preparing for and in the ad.m inistration of this chapter ~hall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, •amending L. '21, c. 65, § 1; C. S. '20, § 4330. •·contingent expenses"' payable out a£ industrial accident fund, refers only to expenses in ad~inis.tration of state d~~artmcnts. does not include cost of transcript m appeal under th1s1 chapter. In re Winborne, 34 \Vyo. 349, 244 P . 135. �16 \iVORKl\fEN 'S CO MPE 1SATION ACT !24-117. Employers' assessments. Every employer who shall engage in any of the ext ra-hazardous occupation s defined in this Act shall at th e time of commencing such employment pay to . the State Treas urer for credit upo n the account of such employe r in 'the industrial accident fund, a n initial sum of fift y dollars ($50.00) . E~e ry 7mp loyer engaged in any of th e occup a ti <;> nS here111 d~fmcd as ex tra-hazardous, is hereby required_to pa)'. 111to !he state treasury for th e benefit of th e mdu stn al accid ent fund a sum of money eq ual to one a nd one- half per cent. (1½%) of the money ea rn ed by each of his cm ployes engaged in uch ex tra-ha zardous emp loy ment during each calenda r month of uch emp loy ment. Such payment hall be so made on or befo re the l ·Sth day of the month follo wi ng the m onth for whic h such payments arc computed and paid . Each employer shall continue to make monthl y cont ribu tion as above provdied unlcs his account, af ter ma ki ng the hereinafter specified deductions therefrom, hall equal full two per cent. (2 %) of his anual payroll computed by multi plyi ng his current month's payroll of workm en engaged in extra- hazard ous employme nt by twelve and shall likewise be not less th an three thousand doll ar s ($3,000.00); provided; how eve r, that any employer whose acco unt i ove r drawn shall be req uired to pay month ly a sum of money ( includ in g th e payments as above specified) eq ual to fo ur pe r cent. (4%) of the mon ey came<;! by each of his employes engaged in such ext ra-ha za rd Q_u employme nt during each calendar month of such employ ment until such overd raft hall be paid. uch employer hall not be compell ed to contr ibute wh en his con tribution s in the fund , af ter making deduct ions as afo resaid, shall equal two pe r cent. (2%) of hi annua l pay roll, and shall likewise be not less than three thousand dollars ($3,000.00) . In add ition to th e oth er payments req uired by this section to be pa id into th e indu strial accide nt fund, every employe r engaged in any of the occ upations herein defined as extra- haza rdo us shall make a payment to be known as a "service and policing charge.'! Such service and policing charge shall be paid by the em ploye r into the state treasury fo r the benefit of th e industrial accident fund and shall not be credited to the balance of the employer contributing. The amount of balance in the industrial accident fund to the employer's credit shall not relieve him of his duty and liability to pay the service and policing charge; provided, howev_£r, that no employer who pays for any calendar month four per cent. (4%) of ~he moneys earned by each of his employes engaged m such c.."<tra-hazardous employment during such calend_a: month shall be compelled to pay a service and pohcmg charge for such m_gnth. Eve_ry employer, who, for any reason, including ces~a.tton of operations, fails to pay a service and poh_c111g charge of not less than two ($2.00) dollars dun_n~ _each calendar month, shall be required to ~ay an m!tJal sum_ of fiv_e ($5.00) dollars upon rcsummg or ~~mg requrred to resume payment of service and pohcmg charge. �I WORKMEN'S COMPENSATION ACT 17 The service and pol_icing c!1arge shall be computed on th e monthly premmm paid by the individual employer in to the state trea sury for the benefit of the industrial acc ident fund during each calendar month or on the premi um which th e employer ·would hav~ been req uir ed to pay had not the amount of the employer's balance relieved him from the payment of a premium . T he am?unt of the _service a nd policing charge shall be deterrmned accordm g to the following schedule. Service and Policing Charge \,\/here th e month ly payment is formonth less than $ 16.01 .................................... .. .... ::: $ 2.00 10.01 to 20.00 . .... ...... ........ ... 3.00 20.01 to 30.00... ........................... 5.00 30.01 to 40.00 ............ ................... 7.00 40.01 to 50.00 .. ............................. 9.00 SO.OJ to 60.00................................ 11.00 60.01 to 70.00.. ......... .. .... .... ........... 13.00 70.01 to 80.00 ................ ,...... ........ 15.00 80.01 to 90.00 ................ 17.00 90.01 to 100.00 ............................. 19.00 I 00.01 to I 50.00 ............................... 25.00 150.01 to 200.00 .............................. 45.00 200.QI to 300.00 ........................ ...... 50.00 300.01 to 400.00 .................. ............ 60.00 400.01 to 500.00 .... .. .... ..................... 75.00 500.01 to 750.00 ...... ... .. .. .... ....... .... .... 1I 5.00 750.01 to 1,000.00 .... .. ......... ..... .. ........ .. 125.00 1,000.01 to I ,500.00 .............................. 150.00 1,500.01 to 2,000.00 ...... ............. .. ... .... 175.00 2.000.01 to 3.000.00 ................. .. .. .. .... .. ... 200.00 3,000.01 to fooo.oo ............. .. .... .... ..... .. 22s.oo 4,000.01 to .5,000.00 ...... ............... .. ......... 250.00 Over 5,000.01 ...... .. ..... ............ .. .... ....... ...... .......... 275.00 r Provided, however, in that the expense of the administration of this chapter and of making the collectio ns herein fixed. is greater as to non-resident employers engaged in extra-hazardous occupations, than such expense obtains to such employers bona fide dom iciled within the State of vVyoming, the service and policing charge, upon the monthly· premium paid by non-resident employers engaged in extrahazardous occupations, sh<!_ll be double the foregoing schedule, as the same applies to resident employers engaged in extra hazardous occupations. "Non-resident" employers of extra-hazardous occupations shall give bond or other security in the sum of five hundred dollars ($500.00), to be fil)provecl by the State Treasurer or his deputies, before starting the work. The contract of said bond or other security shall be conditioned that the said employer will faithfully perform all the duties imposed by this Act uoon employers engaged in extra-hazarclq_us occupations and promptly pay into the state treasury, at the time and in the manner set forth in Section 124-117 of the Revised Statutes of Wyoming, 1931 , and all Acts amcndatory or in aid th~eof, the sums of money required to be paid by employers in extra-hazardous occupations. And to this encl, "non-resident" em- �18 WORK MEN'S CO M P E NS ATIO N ACT ployers en gaged in extra h~zar_do us occupations arc hereby requi ~ cl, befo re startm g work , and from time to t im e after such work has Q_ee n started, to report to th e S tate Trea surer th e nature a nd progress of such work, the locati on of th e same a nd th e number of employes engaged in a nd upo n ~h e work and likely to be so engaged fo r th e nex t t hirty (30) cla ys giving such furth er and detail ed info r ma tion as the State Treasurer may reasonab l , deman d. T he willful failure or neg ligence on th e par_!: of an y "_n on-reside_nt" cm-' ployer of extra- haza rd ous occ up a ti ons to give said sec urity; to make th e repo rt , and / or to furnish the informa tio n r equ ired by this ect ion, hall be a misdemea1"i"or, and up on co nviction . uch emp loye r shall be pun ished by a fine of not le s than fi ve hundred dolla rs ('500.00) or mo re than five tho u a nd dollars ($5 ,000.00) , recove ra ble wi h cos t in a ny court of competent jurisdi cti on. Provided, however, that "nonresident" employe rs of e..xtra-hazardous occ upations shall not be req ui red to give bond o r o th er ,security for any pay men t or payment requ ire d of them for th e "service and policing charge" req uired by this Sec tio n. And the r eq uiremen ts of th is ecti on that "non-residen t" employe r of extra- hazard ous occupations shall g ive bond or other ecurity, shall not appl y to "service a nd policing cha rges" herein prov ided. The term "non-resid ent" emp loyers of cxtra-h~zardous occ upations, in this conne ctio n, hall be construed as an employe r of labor engaged in extra-ha zardous occupations, who for th e previous twel ve months has 11ot bee n a continu ous co n.t ributor to th e compensation fund as in this Cha pter nrov id ed. an d wh o has not bee n bona fide domiciled in, or a resident of the State of W yomin g continu ously fo r the preceding twelve months next prior to enp-_aging in th e business of an "employer of labor in extra-ha zardous occupation ." \Vh en an y such employe r , shall co ntribute to said fund as required b:v t):iis Chapter, for tw elve consecutive months immediately prior to the commencement within this State of the occupation, the requirement to •pay double the service and police charge shall cease. For the purpose of encouraging- ·care on the part of the employers and thus decreasing accidents to emplo:ves, 11nd to the end that each employer shall com· Pensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer shall keen a separate account for each emplover so contributing- to said fund anrl shall charge ag-ainst the :tccount o_f each employer all warrants paid from the mdustrial accident fund : (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe 0.f such employer; (c) In payment for investigations of accidents _of ~uc_h empl'?yer, or in payment in investigations of m· Junes to his eip.ployes; (d) In payment of witness fees and other costs as herein provided in cases wherein an order of award is �WO RK MEN'S COMPEN SAT ION ACT 19 gran ted to th e em ploye of such employer. ( L . '27, c. Ill § 2; L. '25, c. 124, § 3; L . '23, C. 60, §7; C. S. '20, § 4331; s. L. 33, c. 129, § 3; s. L. '35, c. 100. Cited In re \.V inborn e, 34 Wyo. 349, 24 4 P. 135, annotated unde r § 12 4-114 . 124-118. Filing of ·payrolls with state treasurer. It shall be the d ut y of eac h employe r to forwar d to th e sta te trea ure r, on a blan k form provided by said state tr esa ur r, a tru e copy o f his pay ro ll of pe rsons in his employ engaged in ~" tra -ha zard ous emp loyment during tb s curr£_nt ca lend a r m onth, sworn to either by hi mself or the pe r on havi ng kn owledg e of said payroll s. Each em ployer, unles othe rwise supplied wi th the last above bla r:i k fo rm s, shall seasonab ly apply to sa id s ta te tre as urer fo r th e sa me ; an d a ny emp loyer wh o sha ll fail, neglec t or r efu se to furn ish such t r ue cop y of his payroll o f per sons in hi employ, or shall refu se to make the m onthly premium paym e!f tS as provided by th e te rms of this chapter when they becom e due, and against wh om a n award is made to any injured workman in h is employ, shall be personally liabl e to th e ta te of \ Vyom ing, for the use a nd b'e nefit of the in du s tri a l acciden t ft nd, to be recov red by suit broug h t by the sta te on th e relation of the state treas urer, in a um eq ual to uch a wa rd or aw ard s as are enter ed for payme n t fr om th e workm en's compe nsati on fund of the sta te of \ i\Tyom ing. T he entry of fina l ord er by the judge of a district co urt havin g juri sdiction of such cause approv in g and a llow ing an award of com pensa tion shall be pri ma fa cie proof of the !iability of an employer so fai li ng to comp ly with th is provision of this g 1apter ; provided, that nonresiden t emp loyers, up on en gagin g in a ny ex trahazard ous occupati on as defin £.d in this chapte r, and havin g in their employ ,Yo rkmen perfo rm in g such ex tra-haza rd ous wo rk, shall be deem ed fr om the date of th e com m enceme nt of such wo rk, to have desig nated the secreta ry of state of th e state of vVyomin g their age nt for service of a ny process upon th em in an v ac tion prosec ute d herei nunder ; and furth er, provid ed . that th e secretary of state, upon th e r eceipt of any process sha ll send th e same b y registered mail to the address of the addressee only, and shall r equest that a r eturn receipt for sam e be furni shed. The provisions o f this section shall not m odify a ny other p rovision s of this chapter, but shall be deemed to be in addition thereto. It shall further be th e dut y of each employer heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupation s of an extra-hazardous nature as defined hy this chapter. Any failure of any such employer to file with said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and a.n y wilfully false statement in any affidavit m~de as herein provided shall Jikeivise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars $500.00. [L. '29, c. 119, § 1, amending L. '27, c. 111, § 3; L. '23, c. 60, § 8; C. S. '20, § 4332. �20 WO RK MEN ' S COMPENSATION ACT l24-119, Inspectors--Failure to pay assessmentPenalty. T he state tr easur er is a ~thorized and empowered, fo r th e pur po~e o f en.for c111 g th e prov isions of this chap ter, to app omt tw o ll! spec tors, th e salaries and act ual a nd nece.ssa ry trave lmg . expen~es of such inspecto rs to be paid out o f t he 111dustn al accident fun d. In case an y emp loyer engaged in any extrahazardous busin ess or ind ustry, as d efin ed by this chapte r, sha ll fa il or rcfu e to pa y ~h e asse~s ment upon his curre nt mont hly pa yroll , as 1s required b.v this chap ter, he shall be g ui lty o f a m isdem ~-i nor an d shall be pun ished b)~ a fine <;> f not .n :o re tha n five hundred dollars ($500.00), a nd 111 add 1t1on to the said fin e it shall be the dut y of th e a tt orn ey ge neral of this state to immediately bri ng suit in t_l:ie nam e of the state for th e benefit of the industr i~l accid ent fu nd aga in st such empl oye r, for th e collection o f such assessme nt a nd if a judgmen t for the recove ry of said as essment be g iven in favor of th e tate for the use a nd benefi t of the in dust rial acc id en t fund, aid judg men t shall be fo r doubl e th e amo unt of the payroll as ess me nt provid ed in § 124- 117, toge th er with co t . [L. '27. c. 111. § 4, a mend ing L. '23, c. 60, § 9. C. S. '20, § 4333. 124-120. Compensation sched ule. E ach employe, who shall be injured in any of the ex tra- hazardous employ ments as herein defined, or the depe nd ent fami ly of any s11ch in jure dworkm en, who may die as the res ult of such injuries, except in case of injuries clue solely to the cul pab le negl igence of s uc h inju red cmploye, hall r eceive out of the indust r ia l acc i9ent fu nd, compe nsation in accord a nce w ith the fo llowin g sched11 lc, a nd such ri g h t an d payme nt shall be in lieu of and ta ke the pl ace of any and a ll rig hts of ac tion agai nst any employer co ntrib u ting, as required by this chap ter, to th e indu str ial a cicdent fu nd in fav or of anv perso n or perso ns by reaso n o f a ny s uch injuries ~r d eath. (a) "Perm a nent par tial disabi li ty" mea ns th e loss o f either one foo t, one leg, o ne hand, one arm, one eye. or th e sight of one eye, o ne or mor e fin gers, one or more toes, and di sloca tion \\" here th e ligaments are seve red, or an y oth er injury kn ~~vn to surge-ry to be perm anent partial disa bil ity. F o r an y perm anent partial di sability h ereinafter s pecificall y desc rib ed. resulting from an injury, the wo rkman shall receive a lump sum as foll ows: For the loss of a thumb ..... .......... ........ ..... .... $ 337.50 For the loss of a fir st fin ge r .... 300.00 For the loss of a second fin ger .. 225.00 For the loss of a third finger .. .. 225.00 For the loss of a fourth fin ger ...... ...... ........ .. 225.00 For the loss of a palm (metacarpal bone) .. 900.00 For the loss of a, hand .. ... ... ... ..... .. .. ........ .... ...... 1500.00 For the loss of an arm at or below elbow .. 1800.00 For the loss of an arm above elbo~ .. ...... ... ... 200.00 For anky-losis (total stiffness of) or contractures (due to scars or injuries) which make the finger or fing~rs useless, the same amounts apply to such finger or fmgers (not thumb) as given above. �WORKME 1'S COMPENSAT ION ACT 21 T he loss of a third or distal phalange of the thumb sha l be considered to be equa l to the loss of one-half of such thumb ; the loss o f the more than o ne- half of such thumb shall be co nsid ered to be equal to the loss of th e whole thumb. T he loss of a third or di stal phal ange of any fin ger shall be co nsid ered to be equal to the loss of twothird s of such fin ge r. Th e loss of more than the middle and di stal phalanges o f a ny finger sha ll be co nsider ed to be equal to the loss o f the w hole fin ge r ; prov ided, however, th at in n o case sha ll th e amo unt rece ived for more than one fin ge r xcccd th e amou nt ni this schedu le for the loss o f a hand . F or th e lo s of a g rea t toe .. ........... ... ............... $200.00 Fo r the lo s of one of th e to e o ther th an g reat toe ......................................... .... ... ... 150.00 T he loss o f mo re tha n t\\"o -third o f an y toe sha ll be cons idered equa l to the lo s of th e who le toe. T he loss of less than tw o- thi rd of anv toe shall be co nsid ered equa l to th e lo f one-ha!( of th e toe. Fo r th e loss of a foot ............................. ......... $1200.00 Fo r the los o f a leg below t!.e knee .......... 1500.00 For the loss of a leg- ab ove th e kn ee .... ...... 1800.00 For th e los of an eye or the sight th ereof 1800.00 In any case wh ere any employe suffers an accide nt und er the terms of thi Act, and \\"h o lose any pa rt of the body which can be replaced by artifi cial mean s, such emp loye, in addit ion to th e benefits of thi s Act, shall be entitl ed_ to a n ~t ificial r eplacement thereof in an amount not to exceed one hundred and fifty ($ 150.00) dollars. For an y other injury known to surge ry to be per• manent partial ~li sability, the workman shall receive a sum in the amount proportional to th e extent of such permanent partial di sability based as near as may be u_pon the foregoing schedule, but in every case of per man en t partial disability the amount allowed for the injury shal) be paid in monthly in stallments at the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife at the time of the injury ; provided, however, that the court making such award shall retain jurisdiction of the same until said award s hall have been fully paid, with power to modify or change the amount of the award to conform to any change .in the condition of the injured worlanan and shall have power at any time during said period, upon application and hearing, with notice to the employer. and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Perma11ent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful �22 WORKMEN'S COMPENSATION ACT occupation. \iVh ~re !~ere has been a previous permanent pa rti al d1sab1hty, as th e loss of one eye, or th e sig ht thereof, one ~<;1-11d, _one_ !oot, or any other previous permanent partial d1sab1h~y, the award for a subsequent injury shall be determined b?' deducting therefrom the am ount ?f tl!e ~,~•a rd paid for such previous permanent partial d1sab1hty._ ~Vhen permanent total disability r es ul ts from the lllJury the workman shall· receive the sum of four tl1ousand dollars ($4,000.00), but in eve ry su~h ~a c the am~unt allowed 'for th e injury hall be paid m monthly 111 stall111ents at th e rate of fift y dollar ($50.00) pe r month if the workman be unmarried at the time o f the injury, and at th e rate of ixty dollar ( 60.00) per month if the workman ha a wi fe at th e ti me of the injury; provided however, that th e court mak ing such award shall 'retain juri diction of the ame until said award shall have been full y pai d, with powe r to modify or change the am ount of the award to conform to any change in the cond ition of th e injured workman, and shall have power at any time during said period , upon application and hea ri ng, with not ice to the employer and a showing of the necessity therefo r, to order all o; any pa rt of the un paid balance of th e a ward to be paid to the injured workman as a !um[) um ; provided that if th e workman shall die leaving a n unpaid balance of th e a wa rd, th en uch unpa id bala nce shall be returned to th e indu stria l accident fund and be credited to the employer' balance. If the workma n suffering such permanent to ta l disability ha ve a boy or boys under eighteen ( 18) year s of age, or g irl or gi rls under eighten (18) years of age, th e gua rdian of uch child or children app ointed as hereinafter provided, shall receive for the use and benefit of ~aid ch ild or children, a lum p sum of one hundr ed and tw enty dollars ($ 120.00) per year for each boy under eighteen (18) yea rs until the lime when each of said bovs shall become eighteen (18) yea rs of age , and a lump sum of one hundred and tw~Hy do llars ($120.00) per year for each girl under eighteen (18) yea rs of age until the tim e when each of said g irls shall become eighteen (18) yea rs of age; provided, that th e aggr egate lump sum paid to S!!,id guardian shall in no case exceed four thousand dollars ($4.000.00) , and a1iy and all awards made on acount of any such child or children, shall be disbursed und er a proper guarfidian ship to be created by the court or judg e making such award. (~) "Temporary total disability" means an injury wluch, though it may result of does result in a permanent total or partial disability temporarily incapacitatcs the. injured person from performing any w~rk ?-I .any gamful occupation for the time, but from which •~Jury such person_ may recover by medical or surgical treatment and be able to resume work. In such ~a~e, if the workman be unmarried at the time of the mJury, he shall receive the sum of fifty dollars ($50.00) P_er month, so long as the- total disabil ity shall contmue. If he have a wife at the time of the injury, he shall receive sixty dollars ($60.00) per month, and if he have _a boy '?r boys under eighteen (18) years of age or girl or girls under eighteen (18) years of age, or both. he shall receive for each, seven and one-half dollars ($7.50) per month, but the total monthly pay- . ')1 �WORKMEN 'S COM~ENSATION ACT 23 ments shall not exceed ninety dqllars ($90.00) per month. No compensation, except the expense of medical attention, shall be allowed for the first seven (7) clays of disability, unless the incapacity extends beyoncl th e period of tw en ty-one (2 1) days, in which case the compensation shall run from the time of the injury. As soo n as recovery is so complete that the ea rnin g power of th e workman at a ny kind of work is re tor.£_cl, th e pay men ts shall cease, but in no case where compensation is awa rdecl for perm anent partia l di sa bility or perman ent total di sability, shall there be dedu cted therefrom afl_v amo unt awa rded and paid, on ac ount of temp orary total disabi lity. \~' hen th e workman has non-r esident a lien children, he shall receive only one-t hir d of the sum above fix ed for boy s und er eig ht een (18) yea rs of ag e and g irl s und er eig htee n (18) yea rs of age. 17 (d) In all C,! es of temp orary tota l disa bility, perman ent partia l disa bility a!! d permanen t to ta l disab ility, t he expense of m edical atten tion a nd of ca re in hos pital of t he injured wor kman shall be paid fro m date of said inj ury. th e ex pe nse of med ical t rea tment not to exceed gn e hund red and fifty do llars C l S0.00) in any ca se a nd the expense of care in hospital no t to exceed on e hu ndred and fifty dollars (,' 150.00) in any case, un less· unde r gene ral arrangement the workman is entitl ed to medica l a ttention and care in hosp ita l, or th e empl oyer furn ish es a dequ a te and prope r med ica l atte ntio n and hospi tal fa cilities to his employe ; provid ed, however, that no bill or fee for m edical atte ntion or care in hospita l shall be allowed or paid with ou t n otice to th e employer and a hea rin g if r equested by said emp loyer. The sta te trea urer shall have t he powe r to estab lish a schedule fixing the fees fo r which a ll m edical, su rg ical, hospital or other legalized forms of treatm ent rend ered to employes under this section shall be compe nsated. Each physician or surgeon attending a workman injured whil e engaged in e~tra-hazardous occupations shgll file with the clerk of the court of th e county within which s uch injury occurred and with th e s tat e treasur er, und er rul es to be prescribed by th e state treasurer, a ful and complete report fully de scribing the nature of the injuries to such workman ; provided , that such r eport shall not be required unless · the di sab ility resulting from such injury lasts through the clay or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as herein provided shall be punished by a fine of not more !ban fifty dollars ($50.00) . \Vhere death results from an injury, the expense of burial shall be paid not to exceed two hundred fifty dollars ($250.00) in any case, unless other arrangements exist between employer and em-I ploye under agreement; (I) But if the workman leaves a widow or invalid widower, to whom he or she has been regularly married by a marriage duly solemnized by a legal ceremony, such surviving spouse shall receive the sum of two thousand dollars ($2,000.00), but in every such case the said award shall be paid in monthly installments at the rate of forty-five dollars ($45.00) per �a 24 WORKMEN 'S COMPENSATION ACT • month ; provided, however,_ th_a t the cq urt_ makin g such a~v¥cl 111 ay upon app ltcat1on_ and heanng, with not ice to the employer and a s how mg of the necessity th erefor 1 order all or any pa rt of th e unpaid balance of the a wa rcl to be paid !0 the surviving spo use as a lump sum. If the urvivin g spouse ~ha ll r e-marry befo re all of said aw ard ha been paid, then he or she shall onl y be entit led to receive the sum of two hundred and eventy do ll ars ($270.00) out of th e unpa id balance of said awa rd , a nd furth er payment shall cca e and any ba la nce o f the aw ard s hall rev ert to the depe~d ent childr en, if a ny ther e be ; and if there be 11 0 depende nt children the u npa id ba lan ce o f such award hall r<.:turn to the g en era l fun d a nd the sa me shall be cred ited to the empl oye r' ba la nce; if th e survivin g spou e hall die befor e a ll o f a id a ward has been pai d, then the un paid ba lance ha ll revert to th e depen dent chil dren, if any; if no depe nd ent child ren , th en uch balance ha ll rever t to the g en eral fund and be credited to the e111 ployer's balance · provid ed, in any case, w here the urviving spouse sh all re-mar ry or die befo re all of the awa rd has bee n paid, the remainin g bala nce sha ll be paid- to the urv ivin g depend ent children in the fo llowing manner: In as cer ta inin g the amount to be paid to each surviYing child in th e case o f male ch ild ren, th e age of such ma le chi ld sha ll be fi gured from th e time of the deat h or r e-marr iage of su_c h surviving pou e until such ma le child attain s th e age of eig hteen (18) y ars, a nd in th e case of fe111al; children, the time sha ll be fi g ur ed from th e tim e of the de.a t h or re-ma rri age _o f such urvivtng spouse unti l such fe mal e chil d a tt a in s the age of eig htee n ( 18) year s, and th e un paid balanc e of such awa rd shall be divided in each in tance by the number of months betw ee n uch periods o f tim e. 'rn case of th e death of an y o f such ur vivin g chil dre n, th e portion of such aw~d ma de payab le to such child by the terms hereof shall be di,·id ed among the survi vi ng children pro rata ; prov ided, furt her, that if all of the surviv ing children should di e befo re the unpaid balance of the award is entirely di stri bu ted, then th e remai ning undi stributed porti on o f such award shall revert to the general fund a nd be cred ited to the em ployer's balance. If said work111an leaves a surviving boy or boys under eighteen (18) yea rs of age o: girl or g irls under eighten year s of age th e 'guardian of such child or children aopoin ted as hereinafter , provided, shall receive fo-r the use and benefit of said child or children, a lump sum of one hundred and tw enty dollars ($120.00) per year for each surviving boy under eighteen (18) ::tears of age until the time when each of said surviving bo vs shall become eighteen (18) years of age, ai:i_d a iump sum of one hundred and twenty dollars ($120.00) per year for ,., cac~ survi:'ing girl under eighteen (18) years of age until the _time when each of said surviving girls shall become eighteen (18) years of age; provide<!, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand, six h n d re cl dollars ($3,600.00) . In all cases where an order of compensation is made on account of boys under eighteen (18) years of age, or girls under eighteen (18) years of age. or both, gr to persons incompetent, said fund shall u $11 �\~ ORKMEN'S COMPENSATION ACT 25 be di sbursed under a proper guardianship to be created by the court or judge making such an order. (2) If the injured workman die during the period o f temp o~ary total disability and after receiving compensati on therefor, as h erein provided, and his death be shown to have resulted from such injuries, the ·widow and the guardian of the workman's l;>oys under eig hteen ( 18) y ears of age and girls under eighteen ( 18) yea rs of age shall be entitled to an award ·because of th e death of th e w orkm a n, a s ·herein provided, but the total a mount of pay ments in excess of two thousand , fo ur hundred dollars ($2,400.00) received by the injured w ork ma n durin g such di sabj_lity and prior to his dea th sha ll be proport iona tely dedu cted fr om th e amo unts herein provi ded to be paid to th e sur viving wi dow and the g uard ian of th e workm a n's boys un de r eig ht een (] 8) yea rs of age an d g irl und er eig hteen (] 8) years of age. (3) If any workman die wi thin one yea r fr om th e da te of recei~ ing an awa rd fo r pe r mane nt pa r tial di sability and his deat h be shown to have res ulted fr om th e injuries for- ,~hich t he award was gr ;:\n ted, t he wid ow a nd th e guardian of th e work ma n's boys und er eig htee n ( 18) yea rs of ag:c, a nd g irls u_nde r eighte en (18 ) yea rs of age shall be enti tled to an award beca use of th e g_cat h of the wo rk man, as herein p rovid ed, but th e am ount s of the payments received by th e injured workman prior to hi dea th shall be proportionatel y dedu cted fr om th e amo unts h erein provid ed to he paid to th e survivin g wid ow and th e guardian o f th e workman's boys und er eig ht een (18) yea rs of ag e and girl s und er eig hteen ( 18) years of ag e. (4) If an y workman die within tw o years from the date of receiving- an award for permanent total disability and his death be shown to have- r esulted from his injuries, the widow of said workman shall he entitled to an award because of the death of the workman . a s herein provided, but th e amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or ·widower, or boy under the age of eighteen (18) years, or girl under the age of eighteen (18) years, but leaves a parent or parents surviving, such surviving parent or parents, if living in the United States, shatl receive a lump sum of fifteen hundred dollars ($1,S00,00); provided, a parent or parents, who arc dependents and who are non-resident aliens, shall receive a lump sum of one-thi•r d of fifteen hundred dollars ($1,500.00). • [L. '31. c. 94, § 4, amending L. '29, c. 48, § 1; L. '29, e. 64, § 1; L. '27, c. 111, § S; L. '2S, c. 124, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ S, 6, 7; C. S. '20, § 4334; S. L. '33, c. 129, § 4; L. '3S, C. 100. s. l.'nder sub-division b hereof, policy to allow more for children of a disabled than for those of a deceased workman held, a question for the legislature. In re Brennan, 29 Wyo. 116, 210 P . 939. Award for "permanent total djsability" made only in clear case, Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 223, 237 P. 253. �26 WORKME 11 S COMPENS AT ION ACT Evidence showing cmployc's loss of ~ng~~s on both hands, held, to justify award for permanent total d1sab1hty. Sakamoto v. Kem .. mcrer ' Coal Co., 36 W yo. 325, 25 5 P. 356. Sum paid for tc!11p~r;1ry total disability should be clcductcd from tota l permanent cl1sab1 lit y award. Id. E mployc held, cnt~tlcd to payn~cnt o i. c?mpensation in manner provided by sta tu te 111 effect at tune of mJ ury. I n re l:Iiblcr, 37 \\'yo. 332, 26 1 P. 648. Generally speak ing the Jcgislature <lid n<?t. inte nd do_u blc com.. pcn sation 10 injured cmploycs, under prov 1s1ons of this section. ~l arsh v. Aljoc, 41 W yo. 220, 284 P. 260; nano tatccl also unde r ~ 124-137. Sub. A. Standard Oil Co. (Ind.) v . Ervin, 44 W yo. 88. ){cConncll v. Murphy Ilros., ct al. , 45 W yo. 289 (a-c) . Shau l ,.. . F. • I. Co., 46 Wyo. 54 9. 124-121. Additional comp ensation for disfigurement. In all cases of tempo rary total disability or pe rmanent pa rtial disability where the workman shall suffe r permanent disfig ur ement to th e face or head of a nature so g rea t as to affect the workm an's earn ing ca pacity in securing employment, t he worh"lllan s hajl receive, in proporti on to the extent of s uch disfig urement, a lu mp sum in additio n, not to exceed five hu ndred dollars ($500.00). The court shall take into co nsideration in mak ing tl:!_C award any fo rm er di figur eme nt to the face or head of suc h wo rkman . [L . '29, c. 64, § 2. \\ r 124-122. Compensation for h ernia. A workman in order to be entitled to compen satio n fo r hernia must clearly -prove: 1. That the hernia is of rece nt orig in; 2. T hat its appea rance was accompanied by pain; 3. That it was im media tely preceded by some accidental strain suffer ed in th e co urse of the employment; 4. That it did not exist prior to the date of the alleged injury. If a workman, after es ta blishing his right to compensation for hernia, as above provided, elects not to be operated up on, and the hernia becomes strangulated in the futur e, the results from such strangulation will not be compensated." [L. '29, c. 110, § 1; S. L, '35, C. 4, § l. _124-123. Forfeiture by injured employe--Payments withheld. If any injured employe shall persist in unsanitary or injurious practice which tends to imperil or retard his recovery or if he shall refuse to submit to such medical or sur~ical treatment as is reasonably e~scntial to promote his recovery, h~ shall forfeit all . ng~t _to compensation under this •chapter; and where an mJured employe is under care and treatment of a ph_ysician, he ~hall not be permitted to personally ~eceive or use any compensation payments allowed !um uncle: . this chapter, except upon the order of such Ph3;s 1c1an, but such payments shall be withheld and deJ.!v_ered to such injured workman upon his recovery or discharge by such physician [L ' 15 c. 124 § 20; C. S. '20, § 4335. • • ' ' i\fo<!ification of instruction as to effect of injujrious practices H!bldmg recovery of injured employe, held, not improper. In re 1 er, 37 Wyo, 322, 261 P. 648. ~ R l ' �WORK MEN 'S CO?vIP EN SATION ACT 27 E mplo)'.cr had bu~dcn of proof that employc persisted in i • •. ous practtccs rctardmg recovery. Id. nJun To "persist" in injuriou s practices retarding injured crnpl o , rccO\·cry means to continue aga inst opposit ion o r rcmonst ye .5 Id. ranee. 124-124. E":emption from execution or attachment. No 1;1oney _pa id o~ payabl e und er this chapter out of th e mdus tr!?l acc ide nt fun d shall , prior to issuance and deliv~ry of t he wa rrant th erefo r, be -capable of being ass igned,. cha rged nor even be taken· in executio n or by $'ar 111shme_!) t. Any such assig nm ent, a ttachmen t, garn1 hmen t or charge sha ll be voi d. [L . '31 , c. 73, § 61, am end ing- L. '15, c. 124, § 21; C. S. '20, § 4336; s. L. '33, e. § 5; . L . '35, c. 100. Cit ed in La Chappelle v. Union Pacific Coal Co., 29 W yo. 449, 2 14 P . 5Si. 124-125. Mino: workman. A mi nor working a t a n age legally permitted under the laws of this state shall be deem ed sui juris fo r th e purp ose of th is chap ter a nd no oth er person shall have an): ~ause of ac tion or right to co m pen sation fo r inju ry to such J11inor workman, excep t as express ly provided in thi s chap ter ; but in the event of a lump sum payment becoming due under this chapter lo uch minor workman, the man agement of sa me ~hall be within the probate jurisdiction of the courts th e same as any other properti es of minors. [L. '15, C. 124, § 22 ; C. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. W heneve r th e s tate, county or any municipal corpora tion shall engage in any extra-hazardous work in which work men ar e employed for wages, this chapter shall be a pplicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of th e state, county or municipality. If said work is being done by contr!!.ct the payroll of •the contractor and the sub-contractor shall be the basis of computation and in the case of contract work consuming less than one year in performance the required payment into the a£_cident fund shall be subject to the provisions of this chapter and the state for its general fund , the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the industrial accident fund and the contractor, in turn, shall be entitled to collect from the sub-contractor his proportionate amount of payment; the provisions of this section shall apply to all extra-hazardous work done by contr_act, except that in private· work the contractor shall be responsible, primarily and directly, to the industrial accident fund for the proper percentage of the total payroll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety for such payments. vVhenever, and so !ong as under the state law, city charter or municipal or?inanc_e, provision is made for municipal employes inJured m the course of employment, such employe shall not be entitled to the benefits of this chapter and shall not be included in the payroll of the municipality under this chapter. (L. '15, c. 124, § 23; C. S. '20, § 4338. �28 WORKMEN 'S COMPENSATION ACT 124-127. ·Safety devices. Not hing in this chapter • con tain ed sha ll repeal a ny existi ng law providing for th e in stallat ion o r maintenance of any device, means or method for the preve ntion of accidents in extraha zardou s work or for a penalty or punishment for fai lure to in stall or maintai n any such protective device, m eans or method. [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128.. Unlawful to receive more than 5% of compensation for services rendered. It shall b.e unla wful for any perso n or any number of persons acting toget her or separately or in any way, in cludi ng attorneys, agents, interpreters, a nd all other per sons, to receive or agree to rece ive eithe r directly or indirectly any beneficiary o r beneficiaries unde r this chapter, fo r se rvices rend ered or to be render ed, either jointl y or separately, in r elation to proc uring any benefit or benefits under thi s cha pte r, any sum or sums aggregatin g more th an fiv e per centmn of the who le amount received or to be rece ived by suc h beneficiary or ben eficiari e , on acco unt of injuries to any employe, and in no even t to exceed fiif ty dollars ($50.00). Every person violating or co ncerned in th e violation of the provision of this sec ti on shall be g ui lty of a misdemeanor, and up on conviction thereof shall be fined not less than fift y dollars ($50.00) nor more than five hundred doll ars ($500.00), to whic h may be added im pri onm ent in the county jail fo r a term not exceeding nin ety cla ys. It hall be the duty of the county ;i'nd prosecutin g attorn ey of the county in which any injury occu rs to give all necessary legal adv ice to any Lniu red wo rkman, or his dependents, who may seek advice in making and filing claims for compensation, and to prepa re all statemen ts of claim or othe r pape rs necessa ry or advisab le to be fil ed by suc h workman or dependents, fr ee of all charges a nd cost s. [L. '21, c. 138. § 8, amendi ng C. S. '20, § 4340. from Ci terl in Zancanelli v. Central Coal & Coke Co. , 25 '\Nye. 51 1, 173 P. 981. annotated under~ 124- 11 3. CitNI as to attorney's fees in In re Hibler, 37 \ Vyo. 332, 261 P. 648. 124-129. Physicians required to testify. Any physician having attended a n employe in a professional capacity may be required to t es tify before any court or judge when so directed, in cases com ing within the provisions of this chapter, and the law of privileged communication between physician and patient. as fixed by statute shall not apply in such cases. [L. '15, c. 124, § 26; C. S. '20, § 4341. Standard Oil Co. (Ind.) v. Ervin, 44 Wyo. 88, Osteopaths. 124-130. False statement by employe. Any employe or workman who shall make or cause to be made on his behalf any misrepresentation or false statement for the purpose of receiving compensation under this chapter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on conviction, be fined not more than three hundred dollars ($300.00), or imprisoned · for not more than ninety (90) days. [L. '15, C. 124, § 27; C. s. '20, § 4342. /, �WORKMEN'S COMPENSATION ACT 29 124-131. Annual report by state treasurer. It shall L> e the dut)'. of ~he state_tr eas urer to secure and cimpile . stat:st1cal 111 fo rm a t1on concerning accidents occurrmg m the ex tra- haza rd ous employments defined L>y t~ii.s chapter,_ ho.wing the numb er of accidents or fatalitie s o~cu_rnng 111 each of said employme nts, the amount paid 111 each employe r coming within the prov1s1011 of _th'.s chapter ; the amo unt paid out on ~cco un t of 1nJuncs, or d eath re sultin g f!:_om injuries 111 such emp loyme nts; an.9 any other information r elating t o the opc rat!o n or adm inistration of this chapter that may be of 11_1 terest; and t o make a full report thereof, togeth er with such recommendations as he may deem proper fo r changes or amendments herein and to publi h a fu ll repo rt thereof, to the governor: 011 or bcfo r th e 31st clay of December in eac h yea r. [ L. '15, C. 124, § 28; L. ' 17, C. 69, § 7; C. S. '20, § 4343. ?Y 124-132. E xamination by state treasurer. The state trca urer may, at a ny time on twenty-fou r hour ' notice (unle such notice is wa vi ed by the employer) either in per on or through an y author ized inspector agent o r deputy, e,·amine the book , accounts or pay~ roll s of an y employer at an y time for the pu r pose of securing an y information des ir cl in the aclmini trati on o f this chap ter. [L. '27, c. 111 , S 6. amend ing C. S. '20, § 4344. 124-133. Disabled workman examined by employer's physician-Recovery reported to court. Any workman awarded compen ation for tempo rary total disability under thi chapter, as defined by clause (c) of § 124120 hall . if thereafte r req uested l>y his emp loyer submit him elf for medical exam ination by a physicia n licensed to practice med icine in this state, at a place designated by the employer a nd which sha ll be reaso n• ably co nve nient for the workman , an d said workman may have a licensed p hys ician prescn ~ of his own selection. The pu rpose of such examination sha ll be to determine whethe r the workman has recovered so that his earnin g power at any kind of work is restored. If it be agreed th at th e workman has recovered so that his earnin-;;: power at a ny kind of work is restored, th e fact shall be repor ted by the employer and said r,hysician to the jud ge of the di strict court, who made the award in the fi r st instance, or if there be a di spute as to the rccoverv of the workman and his restoration to earn ing p~wer, it shall be likewise reported to ·said judge, by filing a statement in either case in the office of the clerk of the district court of the county where the award was made, and the matter shall be disposed of in such manner as said judge may deem proper under the facts . If said judge finds that said workman has recovered and has been restored to his earning power and that compensation should be discontinued his decision and judgment in the premises shall be certified to the state auditor and stak! treasurer and shall be authority and direction to said officers to discontinue compensation payments. If the workman. in such case, refuse to suh_mit to such examination or obstructs the same, his right to m_ont!1ly payments shall be suspended until such ex:ammat1on �30 WORKME N' S COMPENSATION ACT has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, C. 124, § 30; C. s. '20, § 4345. Standard Oil Co. (Ind.) v. Ervin, 44 'Wyo. 88, Osteopaths. Shaul v. C. F. & I. Co., 46 Wyo. 549. 124-134. Employes' statements of dependent persons. All employes or workm en coming within the provi sions of this chapte r shall be r equired, upon entering se rvice in any of th e extra-ha zardous employm<;!ltS herein defined, to make a nd sign a written statement setting forth the names of th e persons dependent upo n th em for suppo rt or constituting members of their depend ent fam ilies, in each case giving th e names a nd ages of th eir boys under th e age of sixteen (16) yea rs and girl s und er the age of eighteen ( 18) yea rs. [L. '23, c. 60, § 12, amen din g C. S. '20, § 4346. 124-135. Assignment of rights and benefits. •All payments made into th e industrial ac cident fund by an y and every emp loyer under th e provisions of thi s chapter shall be taken as paid and r eceived in con sideration of th e indemnity to such employer by r easo n of his contri buting to the industrial acc ident fund, and in consideration of the pa ·ment made by the state to such fund; p rovided, ~hat when any emp loyer engaged in an extra-ha za rd ous occupation as defin ed in this cha pter, has heretofore sold and conveyed, or shall herea fter sell and convey hi s or it property to a purchaser who continues to conduct and ca rry on said bu in ess at the same place, th e seller shall be entitled to tran sfer and assig n to the pureha er all rights, benefits, privil eges and im mun ities, accrui ng to such employer by virtue of any, sum then on deposit to his or its credit in the ind us trial acc id ent fund in th e state treasurv und er the provision of this cha rac ter ; and upon filin g such ass ignment with th e s tate treasurer, the purchaser shall suc ceed to all said ri g hts_. benefits, privil eges and immunities of said employer. Said purchaser shall be subject to obliga tions of compensation against the seller ii:icurred and existing at the date of such assignment: provid ed, that no part of anv moneys so paid in by any employer shall e,·er be refunded to him, either during the time when .he continues in business as such employer, or after he ceases such business: provided, that every employer, operating under the provisions of this chapter shall pay into said industrial accident fund the sum of at least five thousand dollars •($5,000.00); and provided, further, if this chapter shall be hereafter repealed or held invalid, the moneys which are in the industrial fund at the time shall be distributed as mav. be provided by the legislature, and in default of such legislative provision. distribution thereof shall be in accordance with t~e i_ustice of the matter, due regard being had to ob• hg-atlons of compensation incurred and existing. [L. '31, e. 76, § I, amending C. S. '20, § 4347. 0 *12~-136-A. Closing of accounts. Any b a I an c e standmg to the credit of any employer in the industrial •This section omitted from Revised Statutes 1931. '21. c. 68. See S. L. �-- WORKME N' S COMPENSATIO N ACT 31 accidenj: fund for three _Years afte_r sa_id employer shall have ceased to _e ngage m \ i'i/yom mg m the occupation on account of whi~h hi s said ~ontributions hav e been made shall be debited from his account to the profit and loss accoun t of said fund , and said employer' s account shall be th er eupo n fin ally closed, and th ereafter th e said bal_an ce ~hall permanently remain a part of th e in dus tri al acc ident fund . 124-136. Actions against employer independent of chapter. Nothing in th is chapte r shall be constru ed to limit or affect an y r ight or act io n by an employe again st a n employe r for injuries received w hile in th e employ of such employer when uc h employe r a t th e time of such injuries is no t contributing to the industrial accid ent fund as provided in this chap ter. [L. '23, c. 60, 13. 124-137. R e-opening of cases. The state treasurer shall have the rig ht to cause any case to be re-opened in which a n ord er of awa rd has been mad e, provided he shall cause a petition for th e r e-opening of the case to be filed \v ith th e court which gra nted the award, wi th in thirty days afte r the date o n whic h th e ord er of award \Yas received in th e state treasurer's office. Such ·petiti on mus t show probabl e cause that error was made in the amount of the award , or th e character of the awa rd, or the grounds on whi ch the award was made, and may sp_£cify as a reaso n fo r re-opening th e ca e e.xist ing e,'.]clence not given in the original hea ri ng, show ing the general nat ure and effect of such evidence. OD_ the fi lin g of such a petition and on th e cour t find ing that probable cause is shown thereby, th e co ur t hall stay the award. an d up on reasonable noti ce t o all parti es reopen th e case and set th e same for hearin g de novo. T he sta te treasurer may take such part in th e n ew hea.rin g as he may deem advisable and s hall have every rig ht and privilege of a party to th e cause. He s hall have the right of appeal to th ~ supreme co urt from an y order in such new hearing, eith er g ranting an award or refu sing to grant an award. He shall also have a rig ht of appeal from an order refu sing to r e-open a case. In addition, and without the necessity of presenting any petition for the re-opening of a case to the trial court, the state treasurer shall have the rig ht to appeal to the supreme court from any order or judgment in any district court of the state awarding compensation or declining to award compensation. although he was not a party to the proceedings in such district court. Upon the perfecting of anv appeal instituter! by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or udgment appealed from without requiring an y bond . The attorney general, or his deputy or assistant, shall act as the attorney of the state treasurer in all cases. All costs of new ·hearings granted upon the _petition of the state treasurer and all costs of appeals con?Ucted by the state treasurer, shall be paid by the tndustrial accident fund, except such c_osts as the court in its discretion shall assess against any of the �32 WORKMEN 'S COMPENSATION ACT o ther parties to the cause. [L. '27, c. 111 , § 7, amending L. '25, c. 124, § 5. \Vhcrc the duty of the att orney general l <? rcp~·c~cnt c~mpcnsa• tion cla imant in s upreme court, as part of lns ofT1c1al duties,_ con. flic ts with his duties to act ..1s att orney fo r s tat e treasurer m all cases, the duty firs t mentioned mu ~t yield to right o f s tate treas• urer to such ser vices. 1\forsh v. AlJoc, 41 W yo. 119, 282 P . 1055. In act ion und er workmen'~ c<?m pcnsation l~w , in which com• pcnsation was awarded, apphca t1 on ~f s ta_tc !r.casurcr to reopen case on ground , among o th,crs,. of pnor d1salnht y, sho uld !to t be cletcrrnincd on ex partc afTHlav1 ts, when based on new cv1<lc11cc, s ince leg is lature contc1~1plat ctl that trc:isu_rc r should be gi ven ad• vantn g-c of regular tnal. f arsh v. AlJoc, 41 \\Tyo. 220, 284 P . 260. This cction aut horizing s tate treasurer to have case reopened nrns t Uc construed in lig ht of s ituati on which was sought to be remed ied hereby . Id . On s tate treasurer's ap plica tion, based on new ev idence. to reopen case, court must reopen case. if the new evidence will have a nrnt crial be.Jri ng. Id. 124-138. Bills to be itemized-Time of filing. All bill s for med ical at tend ance, expenses or disbursements, and for ho pita ! ser ice , sha ll be properl y dated, it emized a nd ver ifie d by the claimant, or the same shall be di allowed by the cour t, a nd every doctor who ball attend an injured wor~ma n shall within ten (10) days after the first of the month s ucceedin g that in which he r ende r ed services to the injured work man fife with th e clerk of the di trict co urt of the prope r county, his itemized a11d verified bill for all ervices rendered by him a nd expense incur red in behalf of th e injured wo rkm a n durin g the prev ious month, and shall send a copy ther eof to the state· treasurer; an d all claim s for medical attendance or medi cal se rvices not so filed w ithi n th e tim e specified sha ll be disall owed by th e co urt. [L. '25, c. 124, § 7. 124-139. Notification by doctor. Every doctor who accepts th e case of a n injured workm an, and every hospital which accep ts th~ case of an injured workma n, shall within ten (10) days after acceptin g such case fil e a written no ti ce thereof with the clerk of the district court, and shall se nd a copy of s11ch notice within said ten (10) days to the state tr eas urer and another copy within sai_fi period to the employer of the injured workman. Any doctor or hospital failing or refusing to file the notice within the time designated with the clerk of the court, or to send copies thereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. [L. '25, c. 124, § 8. 124-140. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except as otherwise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation · 1aws. No award of compensation or allowance of any expense or claim chargeable against �WORKMEN 'S COMPENSATION ACT 33 th e a~count_ of any em ploye r contributing to the industrial acciden t fund shall be made without notice to su~h emp)oye r and_ hearing, unless such employe r shall 111 wntmg- fil ed 111 the court hav ing jurisdiction conse nt thereto. Wh~re the emp_loyer cannot be personally served, _s~1bst1tuted servi ce. as provided for in th e code of c1v 1l procedure, ma y be had. [L. '25, c. 124, § 9; s. L. '33, c. 129 § 5. Att award of cmnpcnsation to an injured cmployc is a final judgment. unlc_ss expressly reserving jurisdict ion to reopen case. Jl[icl west R efining Co. v. George , 41 W yo. 55 , 28 1 P. 1005 . 124-141. Deferred payment account. \Vhenever a n ord er of award sha ll specify that the award is to be paid itt month ly paymen ts, the state treasurer shall charge the amo unt the reo f aga in st the account of th e employer of the inj ured workman and shall tran sfer th e am ount of aid award from the ge neral fund into a deferred pa •ment acco unt, w hich acco unt shall th ere after be alone liab le fo r the payment of th e a ward. Interes t earn ed by the defe rred paymen t account shall be paid in to th general fund , as well as all amounts repaid or r eturned to aid general fund under th e provisio n of this chapter, or by reaso n of mod ification of ord ers of award. v\ henever a modificat ion of an ord er of a\\"ard increases th e amo unt of th e award, the additi onal amoun t s ha ll be charged against th e employer's accoun t and transferred from the genera l fund into the defe rred payment acco-unt, ..i"nd whenever a modificat ion of an ord er of awa rd decreases the amount of the award, t he am ount of such decrease shall be tr a nsfe rred fr om the defer red payment accoun t to th e gene ral fund and credited to th e acco unt of the employe r. [ L. '27, c. 111, § 8. 124-142. Bribery. \ Vhoever co rruptl y gives, or promises to g ive pay, or irnburse, or whoever offers to give, pay or imburse any court offic er or employe, or any persoi1 employed or concerned und er the laws of this state in th e administration of this chapter, either before or afte r his election , appointment or employme nt, any money or valuable thing, or corruptly offers or promises to do .iny act beneficial to an y person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer .o r employe or a person employed under the laws of this state in the !!dministration of this chapter, either before or after his e~e.ction, qualification, appoil)tment or employ11;ent, s<;>ltc1ts or receives any such money or valuable tlung to mfl1;1ence him or to secure his assistance with respect to his official duty in any matter relating to the administration of this chapter, shall be deemed guilty. of felony. and upon conviction thereof be imprisoned t11 the penttentiary not more than fourteen (14) years. [L. '25, c. 97, § 1. I. IiI I l 1• I �TABLES for computing amounts due under the prov1s1ons of the 'Workm en's Compensation Act and Peace Officers' Indem nity F und. Followi ng arc tables of mouth ly compensation for several amounts allo wed by la w, computations for which arc made for twcnty•ci ~ ht, thi rty aud thirty -one day months; Single 5 6 7 8 9 10 II 12 IJ H 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 JI 28 I.79 3.57 5. 36 7.14 8.93 10.7 l 12.50 14.29 16.07 17.~ 6 19.64 2 l.4 J 23 .21 25.00 26.79 28.57 30.36 32.14 J3.9J 35.71 37 .5 0 39.29 41. 07 42.86 44.64 46.43 48.2 1 50.00 30 1.66 3.JJ 5.UO 6.67 S. .3J 10.00 11.67 I J.JJ 15.00 16.67 18.JJ 20.00 21. 67 23.33 25 .00 26.67 28.33 30.0U 3 1. 67 33.33 35 .00 36.67 3S.33 40.00 -ll. 67 -13 .3 3 45.00 -16.66 48.33 50.00 -l.8-l 6. 45 8.06 9.<>ll 11. 29 12.90 14.52 16. IJ 17.74 19.35 20.97 2:?. 58 24. 19 25 .8 1 27.42 29.03 30.65 3~.26 33.87 J5.48 37 . 10 38.71 40.32 -ll.9-l 43.55 45.16 46.77 48.39 50.00 W ido wer and one child $57.50 2S JO Jl 2.05 1. 92 1.85 4.11 J.SJ 3.7 1 6. 16 5.7 5 5. 56 4 8.21 7. 67 7.42 5 10.27 9.58 9.2 7 6 12.32 11.50 11.13 7 14.37 13.42 12.98 8 16.43 15.33 14.84 18.48 9 17. 25 16.69 10 20.5 4 19. 17 18. 55 11 22.59 21.08 20.40 12 24.64 23.00 22.26 13 26.;o 24.92 24 .11 14 28. i S 26.83 25.97 15 JO.SO 28.7 5 2i.82 16 32 .86 J U.67 29.68 17 34. 9 1 32.58 3 I.SJ 18 36.96 34.50 JJ .39 19 39.02 36.4 2 35.24 20 41.07 38.3 3 37. 10 21 43. 12 40.25 38.95 22 45 . 18 42. 17 40.81 23 47.2J 44.08 42.66 24 49.28 46.00 44.52 25 51.34 47.92 46.3 7 26 53.39 -19.83 48.22 27 55 .44 Sl.75 SO.OS 28 57.50 53.66 51.93 29 55.58 53.79 JO 55.64 57.50 31 57.50 $60.00 Ji 1.94 3.Si 5.8l 7.74 9.68 11.62 13.55 15.48 17.42 19.35 21.29 23.22 25.16 27. 10 29.03 30.97 32.90 34.84 36.77 38.71 40.64 42.58 44.51 46.45 48.38 50.32 52.26 54.19 56.13 58.06 60.00 \Vidowcr and two childre n $65.00 28 30 31 1 2.32 2.17 2.10 2 4.64 4.33 4. 19 J 6.96 6.50 6.29 4 9.29 8. 67 8.39 5 11.61 10.83 10.48 6 13.93 13.00 12.58 7 16.25 15.17 14.68 18.57 8 17.33 16.77 9 20.89 19.50 18.87 10 23.2 1 21.67 20.97 11 25.54 23.83 23.06 12 27.86 26.00 25.16 13 30.18 28. 17 27.26 14 32.50 30.33 29.35 15 34.82 32.50 31.4S 16 37. 14 34.67 33.55 17 39.46 36.83 35.64 18 41.79 39.00 37.74 19 44. 11 41.17 39.84 20 46.43 43.33 41.93 21 48.75 45.50 44.03 22 51.07 47.67 46.13 23 53.39 49.83 48.22 24 55.71 52.00 50.32 25 58.04 54. 17 52.42 26 60.36 56.33 54.51 27 62.68 58.50 56.61 28 65.00 60.66 58.71 29 62.83 60.80 JO 6S.00 62.90 31 65.00 $50.00 3I l.o l J.2J i\ [an antl wife l 2 J 4 s 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ' 31 28 2. 1-l 4.29 6.43 8.57 10.7 1 12.86 15.00 17.14 19.29 21.43 23.57 25.71 27.86 30.00 32.14 34.28 36.43 38.5i 40.71 42.86 45.00 47.1-l 49.28 51.43 53.57 5S.71 Si.86 60.00 30 2.00 4.00 6.00 8.00 10.00 12.00 14.00 16.00 18.00 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42.00 44.00 46.00 48.00 50.00 52.00 54.00 S6.00 58.00 60.00 �36 V/OR KME N'S COMPENSATION ACT ]\ f n11 , wire and one chilcl I 2 J 4 5 6 7 8 9 10 JI 12 13 14 J5 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 3I 30 28 2.25 2.-11 4.50 4.82 6.75 i.23 9.00 9.64 I 1. 25 12.05 13.50 14.46 15.7 5 16.87 1 .00 19.29 20.25 21.70 22.50 2-1. I I 24.i5 26.52 27.00 28.93 29 .25 31. 34 31.50 33.75 33.75 36. 16 36.00 38.57 38.2 5 40.98 43.39 • 40.50 42.75 45.80 45.00 48.21 47. 25 50.62 53.04 49.50 51.75 55.45 54.00 57 .86 56.25 60.27 58.50 62.68 60.75 65.09 6i.50 63.00 65.25 67.50 $6i .50 31 2. 18 4.35 6.53 8. 71 10.89 13.06 15.24 17.-12 19.60 21.77 23.95 26. 13 2S.31 30.-1 8 32.66 34.84 37.02 39. 19 41.37 43.55 45 . 73 47 .90 50.08 52.26 54.44 56.6 1 58.79 60.97 63.14 65.32 67.50 )Ian , wife aud two chil dren 1 2 J 4 5 6 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 29 30 31 28 2.6~ 5.36 8.04 10.7 1 13.39 16.07 18. 75 21.43 24.11 26.79 29.46 32.14 34.82 Ji.SO 40.18 42.86 45.53 48.21 50.89 53.57 56.25 58.93 61 .61 64.28 66.96 69.64 72.32 75 .00 30 2.50 5.00 7.50 10.00 12.50 15.00 17.50 20.00 21.50 25.00 2i.50 30.00 32.50 35.00 37.50 40.00 42.50 45 .00 4i.50 50.00 52.50 55.00 Si.SO 60.00 62.50 65.00 67.50 70. 00 72.50 75 .00 $75 .00 31 2.~2 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26.61 29.03 31.45 . 33. 87 36.29 38.71 41.13 43.55 45.97 48.39 50.81 53.22 55.64 58.06 60.48 62.90 65,32 67.74 70.16 i2.SR iS .00 Widower and three children 2 3 4 5 6 7 8 9 JO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.59 5.18 7.77 10.36 12.95 15.54 18. 12 20.7 1 23.30 25 .89 28.48 31.07 33.66 36.2 5 38.84 41.43 44 .02 46.61 49. 19 51.78 54.37 56.96 59. 55 62. 14 64.73 67.32 69.9 1 72.50 30 2.42 4.83 7.25 9.67 12.08 14.50 16.92 I 9.33 21.75 24. 17 26.58 29.00 31.42 33.83 36.25 38.67 41.08 43.50 45.92 48.33 50.75 53.17 55.58 58.00 60.42 62.83 65.25 67.66 70.08 72.50 $72.50 31 2.34 4.68 7.02 9.35 11.69 14.03 16.37 18.71 21.05 23.39 25.73 28.06 30.40 32.74 35.08 37.42 39.7 6 42.10 44.44 46.77 49.11 51.45 53. 79 56.13 58.47 60.81 63.15 65.4 8 67.82 70.16 72.50 \ Vidowcr and fo ur children 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IG 17 JR 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.86 5.71 8.5 7 11.43 14.29 17. 14 20 .00 22.86 25.71 28.57 31.43 34.29 37.14 40.00 42.86 45.72 48.5 7 51.43 54.29 57.14 60.00 62.86 65 .72 68.57 71.43 74.29 77.14 80.00 30 2.67 5.3 3 8. 00 10.67 13.33 16.00 18.67 21.33 24.00 26. 67 29.33 32.00 34.67 37.33 40.00 42.67 45.33 48.00 50.67 53.33 56.00 58.67 61.33 . 64.00 66.67 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.58 5.16 7.74 10.32 12.90 15.48 18.06 20.64 23.23 25.81 28.39 30.97 33.55 36.13 38.71 41.29 43.87 46.45 49.03 51.61 54.19 56.77 59.35 6).93 64.52 67.1 0 69.68 72,26 74.84 77.42 80.00 �WORKMEN 'S COMPENSATION ACT )Ian , wiic and th ree children I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 28 2.95 5.89 8.84 I 1.79 14. 73 17.68 20.62 23.57 26.52 29. 45 32.4 1 35.36 38.30 41. 25 44.20 47. 14 50. 09 53.04 55.98 58.93 61. 87 64 .82 67.77 70.7 1 73.66 76.61 79 .5 5 82 .50 30 2.75 5.50 8.25 I 1.00 13.75 16.50 19.25 22.00 24. 75 27.50 30.25 33.00 35 .75 38.50 41. 25 44. 00 46.75 49.50 52.25 55.00 57.75 60.50 63.25 66.00 68.75 71.50 74.25 77 .00 79.75 82.50 Jl $82.50 31 2.66 5.32 7.98 10.64 I 3.31 J 5.97 18.63 21. 29 23.9 5 26. 61 29.27 31. 93 3•!.60 37.26 ,,9.92 42.58 -1 5.24 47.90 50. 56 53. 22 55 .89 58.55 61.2 1 63.87 66.53 69.1 9 71.85 74. 51 77. 17 79.84 82.50 Maximum 1 ' 3 4 5 6 7 8 9 10 lJ 12 13 14 15 16 j7 18 19 20 21 22 23 24 25 26 27 28 29 JO 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.5 0 25.7 1 28. 93 32.14 35. 36 38.5 7 41.78 45.00 48.21 51.43 54.64 57.86 61.07 64.28 67.50 70.71 73.93 77.14 80.36 83.57 86.78 90.00 $90.00 JO 3.00 6.00 9.00 12.00 15.00 18.00 2 1.00 24.00 27.00 30.00 33. 00 36.00 39.00 42.00 45.00 -18.00 51.00 54.00 57.00 60,00 63.00 66.00 69.00 72.00 75.00 78.00 81.00 84.00 87.00 90.00 31 2.90 5.8 1 8.7 1 11.61 14 .52 17.42 20.32 23.23 26. 13 29.03 31.94 34.84 37.74 40.64 43.5 5 46.45 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69.68 72.58 75.48 78.39 81.29 84.19 87.JO 90.00 37 \Vid owcr and five children 1 2 3 4 5 6 7 8 9 10 Jl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3. 13 6.25 9.38 12.50 15 .63 18.75 21.88 25 .00 28.1 3 31. 25 3-1. 38 37.50 40.63 43.75 46. 8 50.00 53.1 3 56.25 59.38 62. 50 65 .63 68.75 71.88 75.00 78. 13 8 1.25 84.38 87.50 30 2.92 5.83 8.75 11. 67 14.58 17.50 20.42 23.33 26. 25 29. 17 32.08 35.00 37.92 40.83 43. 75 46.67 49.58 52.5 0 55 .42 58.33 61. 25 6-1. 17 67.08 70.00 72.92 75. 83 78.75 8 1.66 84.5 8 87.50 $87.50 31 2.82 5.65 8.47 11. 29 14.11 16.94 19.76 22.58 25 .40 28.23 31. 05 33.87 36.69 39.52 42.34 45. 16 47. 98 50.81 53.63 56.45 59.27 62 . 10 64 .92 67.74 70.56 73.39 76. 2 1 79.03 81.85 84.68 87.50 �38 WORKM E N' S COMPENSATION ACT Tab1c showing amount by months :incl days, fi g ured on basis of one child at rat e of $120.00 p er year. Day or days Month or month s 3 4 s 6 7 8 9 10 JI 12 $ 10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 100.00 l 10. 00 120.00 2 J 4 5 6 7 s 9 10 11 12 13 H 15 16 17 JS 19 20 21 22 23 24 25 26 27 28 29 30 31 28 d a y month 30 day month 31 day month .3 6 .7 1 1. 07 1. 43 1.79 2. 14 2.50 2.86 3.2 1 J. 57 J.93 4.29 4.64 5.00 5.36 5. 7 I 6.07 6.43 6.78 7. 14 7.50 7.86 S.21 8.5 7 8.93 9.28 9.64 10.00 . 33 .67 1.00 1. 33 1.67 2.00 2. J J 2.67 3.00 J.33 J.67 4.00 4.33 4.67 5.00 5.33 5.67 6. 00 6.33 6.67 7.00 7.33 7.67 8.00 8.3 3 8.67 9.00 9.33 9.6 7 10.00 .32 .65 .98 1.29 1.61 1.94 2.26 2.58 2.90 3.23 3.55 J.87 4. 19 4.52 4.84 5. 16 5.48 5.81 6.13 6.45 6.77 7.10 7.42 7.74 8.06 8.39 8,71 9.03 9.35 9.68 10.00 �Peace Officers' Indemnity l'.und CHAPTE.R 83-ARTICLE 2 R. s. 1931 Section 83-201. . W yo min g peace officers' indem ni ty fu nd . 83-202 . Officers included. 83-203. Limit of indemn ity paid . 83-204. Paym ents to fu nd by counties. 83-205. P ay ments to fund by state. 83-206. R eport of accident. 83-207. Order of Court. 83-208. Power of stat e treasurer. 83-209. App eal by sta te treasurer. 83-201. Wyoming Peace Officers' Indemnity Fund. The fund acc umul ated under this Article shall be known as the \ Vyoming Peace Officers' Indem nity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and main tained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiary wardens, penitentiary guards; guards of th~ Wyoming Industrial Institute, including the superintendent and his deputies; agents of the State Department of Law Enforcement, and the commisisoner of such department and his deputies, state coal mine inspectors, and deputies, state game and fish commissioner, and his ass istants and deputies, and state game wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the State of Wyoming or paid by the board of county commissioners of any county, who shall be injured in performance of their duties, the purpose of this - article being to provide for indemnity to such peace offfficers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the c;late on which this section is to ·take effect. [L. '31, 71, § 1. amending L. '23, c. 97, § 2. c. 83-203. Limit of Indemnity Paid. The indemnity ·which any such peace officer or his dependent family shall be entitled to receive under the provisions of this article shall be computed according to the compensation schedule of the Wyoming \Vorkmen's Compensation Law in effect at the time such injuries were received, and the procedure and forms under this article shall be as near as may be the procedure and forms provided by the Workmen's Compensation Law, �.40 WORKMEN'S COMPENSATION ACT it being intended that the V/y?n:iing Peace Officers' Indemnity Fund shall be ad ll} m1stered by the state treasurer as near as may be in th e same manner as the Wyoming Workmen'.s Compensation Law is administered, a!ld · that or9ers of award and all other court procedure shall be enter~d and conducted as nea r as may be in accordance \"'.1th th e procedure provided by th e Workmen's Compen sation Law, and that any of th e above peace office rs injured in the line of hi s duties shall receive th e same compensation which he wou ld have received had he r eceived the same injury whil e working fo r an employer contributing to th e Indu strial Acciden t Fund, a nd shall receive the ind em nit y in th e same manner. [L. '23, c. 97, § 3. 83-204. Payments to Fund by Counties. Every county of the State of W yoming is hereby required to pay into the state treas ury for the benefit of the Wyoming Peace Officers' Indemnity F und a sum of money equal to one and one-half per cent (I½o/o) of the moneys earned by each of it salaried sheriffs, dep uty sheriffs, und er sheriAs and constables during each calendar month in which they shall be employed. Such pay_rnen t shall be so made o n or before the fifteenth day of the m onth follow ing the month for which such payments arc computed and paid. The state treasurer shall keep a separate accoun_t for each county so contributin g tg sa id fund , a nd shall charge agai nst the accoun t of each coun ty all wa rrants paid from th e \1/yom ing Peace Officers' Indemnity Fund: (a) As awards for injuries to th e above named peace officers of such county: (b) In payment of medical or hospital attendance of such peace officers of such county ; (c) In payment for the inves ti ga tions of injuries of such peac~ officers or in paym ent of investigations into the manner in which such injuries wi; re received; (cl) In payment of witness fees in cases wherein an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3%) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. [L. '23, c. 97, § 4. 83-205. Payments to Fund by State. The State of "Wyoming hereby pledges itself to contribute by bi- · ennial appropriatio~s a sum of money equal to one and one-half per cent (l¼o/o) of the moneys earned by each of such peace officers in its employ, and ~grees that its account shall be kept as near as may be m the manner in which the accounts of the counties are required to be kept under the provisions of this article', and that similar charges for amounts paid out �WORK MEN'S CO MP E N S AT ION ACT 41 unt of or on behalf of injuries to its peace ofolin aco all be charged against its account. The Sta te 1i cers s • If t I1a~ tn • th e ev en t f Wyoming further pledges 1tse ? count is ove rdraw n th at it shall contribute a sum its . . of ac money ( mcludmg the sa1'd one a n d one- I1a If per t) equal to thr ee per cent (3o/o) of th e mo neys ~:~ned by each of its peace officer s. [L. '23, c. 97, § 5. 83-206. Report of Accident. R epo rts of acc idents coverin g injuries to its peace officer11 shall be fil ed_by th e co unties ir th e sa m(, ma nner and a t th e sam e t11ne as such repo rts are req uired to be fi led by employers con tribu ting to the Industrial Accide nt F und, a nd each state officer ha ll make similar reQ.o rts to t he courts of all in juries to peace officers employe d in hi department. [L. '23, c. 97, s 6. 83-207. Order of Court. Every o rde r given and made by th e district court or judge awa rding pay men t from the vVyom ing Peace Officer ' Indemnity F un d to an injured peace officer or his dependent family shall be en ter ed of r eco rd by the clerk of the co urt where given and tru e copies th ereof shall be immediately made and ce r tified by said clerk and forwarded to the state audito r and state trea urer r espectively of ·wyom ing, and shall be by each of said officers entered upon a r ecord to be kn own as th e Indemn ity D ocket, and shall be t he authority and direction of th e state auditor to iss ue wa rrants of indemnity a, vard s agai nst the vVyoming Peace Officers' Indemnit y F und, and fo r th e s ta te tr eas urer to pay such indemnity awards from such fu nd. [ L. '23, c. 97, § 8. 83-208. Power of State Treasurer. T he s tate treasurer shall have th e power by ap propriate ac tio n t o require each county of the state to co ntr ibute to said fund as req uired by this article. [L. '23, c. 97, § 9. 83-209. Appeal by State Treasurer. The stat e treasurer shall have the right to app eal to the s upr eme court from any final order or judgment in any district court of the state awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the district court. The attorney gener-!_l shall act as the attorney for the state in every such appeal, and each appeal shall be conducted witho~t expense to the Wyoming Peace Officers' Indemmty Fund. [L. '23, c. 97, § 10. �Coal Mine Catastrophe · Insurance Fund CHAPTER 57-ARTICLE 7 R. s. 193 1 Section 57-701. Definition. 57-702. Payment by coal mining companies. 57-703. Los cs in excess of $25,000 to be paid from fund. 57-704. Separate accounts to be kept. 57-705. Use of fund limited. 57-706. Penalty for failure to pay pr emiuri1. 57-707. Authority to contract with insu rance companies. 57-701. Definition . The word, "catastrophe," as used in thi s Article means a disaster in a. coal mine or min es cau sing the pay men t throu gh the operation of the ¥ lo rkm en's Compen sation Law of this state out of the Indus trial Accident Fund of an agg regate more than tw enty-five thousa nd dollars in compensations to w_o rkm cn kill ed and injured an d their dependents, g rowin g out of any on e accident or occurcncc, or se ries of afcidents or occurren ces ar ising out of. one event. [L. '25, c. 159, § 1. 57-702. Payment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each employer operating a coal mine or mines in Wyoming shall pay into the state treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding month, such payment to be made on or before the fifteenth day of the m9nth following the month for which such payments arc computed and paid, the moneys so receivecl to be placed by the state . treasurer in a fund to be denominated Catastrophe Insurance Premium Fund. All moneys received by the state treasurer under the terms of this article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the· credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to two hundred thousand dollars ($200,000.00), whereupon such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund with the Industrial Accident Fund is below two hundred thousand dollars ($200,000.00); all such payments- shall be credited generaly to the Industrial Accident Fund instead of being credited to any individual employer �44 WORKMEN'S COMPENSATION ACT contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. [L. '25, C. 159, § 2; s. L. '35, C. 73. 57-703. Losses in Excess of $25,000 to be Paid from Fund. In cons ideration fo r such payments made or to be made from the Catas troph e Insurance Premium F und th e Industrial Acciden t F und in th e hands of the state treasurer is hereby made a catastrophe in surer as to catastrop hes to the exte nt th at such catastrophes cause losses above twenty-five thousand dollars to the Industrial Accident Fund. The first twenty-fiv e thousand do llars of such loss shall in every case be cha rged agai ns t the employer in w hose mine or min es the acc id ent may have occurred. The amount over twenty- fiv e thousa nd dollars shall be paid from the lnd.ustrial Accident Fund a nd no t charged against the em ployer in w hose coa l mine or mines the catastroph e oc.s; urr ed, but agains t the balance of the Catastrophe In sura nce P remium Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to be Kept. The state tr easu rer shall keep a separate account bet ween the Industrral Accident Fund and th e Catastrophe Insurance P remium Fund, creditin g the Catastrophe Insuran ce P remium F und with all moneys by it paid into the Indu strial Accident Fund and charging the Catastrophe In s ur an c e P remium F und with all amounts paid ou t fo r catastrophes as herein provided . [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into th e Catastrophe Insurance P remium Fund as herein provided shall ever be applied in any way other than by payments to the Indu strial Accident Fund as herein provided. [L. '25, c. 159, § 5. 57-706. Penalty for Failure to Pay Premium. The in spectors appointed by the treasurer under section 124-119 shall also act as inspectors for the purpose of enforcing the collection of the premiums clue the state from employers operating coal mines. And if in any case any such employer shall fail or refuse to pay the premiu!TI upon his monthly payroll as is required by this article he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500.00) dollars and in addition to the said fine it shall be the duty of the attorney general of this state to immediately bring suit in the name of the state in the district court for the proper county, for the benefit of the Catastrophe Insurance Premium- Fund, against such employer for the collection of such pr!_mium,- and if a judgment for the recovery of such premium due be given in favor of the state for the use and benefit of the Catastrophe Insurance Premium Fund said judgment shall be f~r do~ble the amount of the premium provided by this article, together with costs. [L. '25, c. 159, § 6. �- WORKMEN'S COJ\{PENSATION ACT 45 .701. Authority to Contract With Insuranc_e 51 Companies. The state treasurer, should he;_ deem 1t d isable is her eby a uthorized and empowered to a vke co~tracts o n behalf of the S tate of vVyoming mad tlte Industrial ~cc ident F und with an insurance an mpany or compa111es, . • Ie for payment mto • tq_ prov1c ~~e Indu strial Acc ident F und by th e in s t!rin g company r companies of a s um equal to the ult1111ate net loss ~vhich the Indu strial Accident Fund has or shall sustain by rea ~on of any catastrophe, all f?r th e purpo~c of authori zmg th e state treasurer to rc111 surc the said satastrophe risk with an in urance company or complnies. T he premium fo r any cQntract of reins urance shall be paid by th e tate trea urcr o ut of the Industrial Accident Fund and cha rged again t th e acco unt of the catastrophe Insuran ce Premium Fund. Every contract of r ein urance hall specify that the insurin g company or companies rein urc the Indust rial Accident Fund from lo s by r eason of cata trophes during the term of uch insurance, within the lim its as to amount exp ressed in the contract, and that the insuring company waiv e all r ight to question a ny award for cl1!_ims growing out 9f a catastrophe or claimed to grow out of catastrophe, and that t he insuring company will accep t as final the awards made by the courts under the vVyomin g W o rkme n's Compensation Law, and will abide by uch awa rd , and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of uch insurance under catastrophe awards. Each co ntract shall also provide that the insuring company discla im s all right to appear in or contest any proceeding und er the Workmen 's Compensation Law. - No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by a n ins ura1~e company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of th e employer in whose mine the catastrophe occurred. [L. '25, c. 159, § 7. �Firemen's Pension Fund CHAPTER 23-S . L. 1935 Section Dona1. State T reas urer- Adminis trati on, F und , tions. z. F und-Furth er Maintenance. 3. Definitions. 4_ P cnsion- \!Vho E lig ible, Amount. S. Death in L inc of D uty-Beneficiary. 6. \Vhen Father and 1'.1Iother Beneficia ries. 7. Volunteer Firemen-Benefits. 8. Application- Inv estigation. 9. Other Compen ation . 10. Payments-Exempt from Legal Actio n. State T_reasurer-Administration, Fund, Donations. Sectionl. There is her eby cr eated a fund to be known as the "Firemen's Pension Fund" fo r the purpose of paying the aw_ards, benefi_ts and p~n io ns und er the provisions of this act. T iu sfund 1s to be administered by the state treasurer through the \Vorkmen's Compensation Department of • the State of 'W yoming and said state treasurer shall have full custody and control. of such fund with full power as to the administration thereof; but such fund shall be administered by said state treasurer witl19ut liability 011 the part of the state beyond the amount of such fund . For the purpose of establishing and maintaining said fund ten per cent (10%) of the gross annual tax for the ye ar of 1935, and for each ensuing year thereafter, collected upon the fire insurance premiums paid to fire insurance companies within the State of Wyoming as provided by section 115-117, Wyoming Revised Statutes, 1931, is hereby set aside and appropriated for the use and benefit of said fund. The amount of tax collected, as above set out, shall be credited to said fund by the state treasurer upon payment of the tax to him by the insurance commissioner. There may be added to the fund so established and maintained such cash, gifts, donations and contributions as may be made from time to time by individuals and organization~. Said state treasurer is hereby empowered '.o r~ce1vc any and all such gifts, donations an~ contributions for the benefit of said fund . [L. '35, c. -3, § 1. Fund-Further Maintenance. Section 2. For the further maintenance of this fund every p~id _fireman of e~ch fire department organized and mamtamcd by any incorporated city or town, or �48 \ VORKMEN'S COMPENSATION ACT any county in this state, affected by this act, shall be assessed two per cent (2%) of his salary monthly for the use and benefit of said fund . Such assessment shall be withheld from his salary by the treasurer or other disbursing officer of such city, town or county and said assessment shall be tra nsmitted to the state treas urer on th e first day of eac h month. [L. '35, c. 23, § 2. Definitions. Section 3. Th e following word s and phrases shall be con stru ed for the purpose of this ac t as hereinafter set out : " P a id Firemen." An y individual who is r egul arly employed and paid by a n incorporated city or town for devo ting his entire tim e of emp loymen t to the care, ope ra tion an d r equirements of a regularly consti tu ted fir e depar tm en t. "Volunteer Firem an." An individual w ho fo llows other lin es of regular employment or labor but who is carr ied on ·the rolls of a reg ul arly con stituted fir e departmen t, the members of which are und er th e juri sdicti on of a mayor, city or town coun cil or other governing body and who may be partly paid an d par tly volunteer. Payme nt of compensation for ser vices actually rendered by such enrolled volunteers shall not take th em out of th e above classification. An y individual who volunteers assistance but wh o is not reg ularl y en ro lled as a fireman, is not a volunteer fir eman within th e meaning and contemplation of this act. "Injured, disabled or killed in the lin e of duty." A paid or voluntee r fireman ,is injured or disabled in th e lin e of duty when he meets with bod il y or mental injury while going to, returning - from or in attend ance upon a fir e, conflagrati on, calami ty or disas ter, or who meets with bod ily or mental injury while actually engaged in the repair, upkeep or care of fire apparatus, or in the performance of duties prescribed in the maintenance and operation of a fir e depa rtm ent. "Compensation Act." The Act of the Legislature of th e State of \\Tyoming found in Chapter 124, \ Vyoming R evised Statutes, 1931, ai:id any and all amendments which may be made thereto. "Thirty years active service." An individual whose principal mean s of livelihood for thirty years has been employment by an incorporated city or cities, town or towns, in the State of Wyoming as a member of a regularly constituted fire department and who has been carried on the pay rolls for that period of time. [L. '35, c. 23, § 3. Pension-Who Eligible, Amount. Section 4. Any person coming within the following cla?sification and filling the requirements thereof may retire or be retired from active service and receive a monthly pension equal to one-half of his actual monthly wage at the time of retirement, but in no instance shall such pension exceed one hundred dollars ($100.00) per month, and further provided that any ol~ age pension of which he may become the benefi_c1ary hereaft!:!. shall be a deduction against such retirement pension. (a) Any paid fireman who has performed and completed thirty years active service · �r I WORKMEN'S COMPENSATION ACT 49 rly constituted fire departments of any inin reg Ula city or cities tow n or towns m • t h"1s state corpora ted ' d and who is of the age of fif_t y fivffe ~earsf and upwart • (b) Any paid fireman wh o 1s su e:mg rom a men_a 1 hysical disability r end erin g him unfit for active or • • t h e res u 1t o f an acd t P provided such d1•sab1·1·1ty 1s c~{nt, injury or exposure suffered in the lin e of duty. [L. '35, c. 23, § 4. Death in° Line of Duty-Beneficiary. Section 5. Upon th e death of an y paid fireman , where death is the res ult of an accident, injury or exposure suffered in the lin e of dut y, or up on th e death of any paid fir eman r eti red according to th e provisions of sg_cti on 4 of thi s act, the s tate tr ea urer shall pay out of th e Firemen' Pension Fund to hi s surviving wife, prov ided she was his -ivife at th e t ime of his death or retirement, a monthly pe nsion equal to one-half of the pension such r etired fireman w a receiving at th e time of hi s death , or a monthly pen sion equal to one-qua rter the amoun t of his compensation at the tim e of his death. an d uch payments shall continue durin g th e lifetime of such surviving wife or until she r ema rries. In additi on to such pa ymenl, the state trea ~urer shall pay to the surviving wife ou t of the said Firemen's Pens ion Fund, th e sum of ten dollar s ($ 10.00) per month fo r th e support and mai ntena nce of each ch il d of s uch deceased fireman under th e age of eigh teen years and who was supported by such fireman prior to his death, providing, in no case shall the tota l s um exceed the r etirement pay as prov ided in sec tion 4 of this act. In th e event such survi vi ng wife should die or remarry before the child or children of such deceased fir eman sha' l have reach ed th e age of eight een yea rs, th en th e state treasurer shall pay to the lawfull y appointed guardian or guardians of such children from said fund , the amount necessar v for the care and maintenance of such children until such tim e as the same shall reach the age of eighteen yea rs or marry. l'v[onthly payments to such surviving child or children in no event to exceed the total amount paid monthly to the sur- • viving wife prior to her death or remarriage. In the event there be surviving children but no surviving wife of said deceased fireman , then the state treasurer shall pay to the lawfully appointed guardian or guardians of such surviving children, the sum of ten dollars ($10.00) per month for the support and maintenance of such child or children under the age of eighteen years and who was supported by said fireman prior to his death; also, the state treasurer shall pay to such lawfully appointed guardians such additional amount as will be necessary for the proper care and maintenance of each child until such time as the same have reached the age of eighteen years or marry, provided that such additional amount shall not exceed one-half of the pension such retired fireman was receiving, or one-qu-!rter the amount of compensation the deceased ~reman was receiving at the time of l).is death. [L. 35, c. 23, § 5. • �SO WORKMEN'S COMPENSATION ACT When Father and Mbther Beneficiaries. Section 6. Upon the death of any paid fireman acco rding to th e provisions of Section 5, of this act, and who leaves surviving him no wife or children but leaves sur viving him a dependent father or mother or both, then the state treas urer shall pay,. to the moth er if there be no father, or to th e fath~ 1f there be no mother, out of th e F ireme n's Pension, Fund such amount eq ual to one- half of the pension such retired fi rema n was receiving a t th e time of his death , or one-qua rt er the a moun t of compensation such fire man was receiving at the time of his death, but if there b·e both father and mother surviving who were depende"nt upon said deceased fireman fo r supp ort, then th e state treas ur er ha ll pay out of said fund to eac h a n amotmt eq ual to one-qua rte r of th e pension such retired fi rema n wa s receiving at the time of his death, or one-eigh th th e ~mount of compensation such deceased fir eman was receiving at the time of his death, providedthat, in the eve nt either the sur viving mot her or fath er sho uld die after the payme nts have started, the tate treasurer sha ll pay to th e other surviv in g pa rent the fu ll amount as set fort h fo r either fat her or mo ther. [L. '3 5, c. 23, § 6. Volunteer Fireman-Benefits. Section 7. Any vol unteer fi reman wh o is s uffering fr om a mental or phys ical disabilit y ren dering him unfit fo r active service in a regu larl y constituted fire department, and prov iding s uch disabi li ty comes within th e definition of pern1£lnent pa rt ia l disability, permanent full disa bility or temporary total disability, of the Workmen 's Compensa ti on Act, provided, furth er such disabil ity is th e r es ult of an injury, accident or exposure suffer ed in the lin e of duty, the state treasurer shall pay out of th e Firemen's Pension Fund, such sum and in such periodic payments as would be payabl e for such disability of a workman engaged in extra-ha zardous occupation under the ,i\Torkmen's Compensation Act. Upon the death of any volunteer · fi,reman caused by accident or exposure in the line of duty, the state treasurer shall pay to the surviving wife out of the Firemen' s Pension Fund, such sum and in such periodic payments as would be payable for the death of a workn1art engaged in extra-hazardous occupations under the Workmen' s Compensation Act, provided that, in the event such wife shall die or remarry or in the event there be no surviving wife but there are surviving children, then such payments shall be made to the guardian of any dependent child or children of such deceased fireman. Provided further that, upon the death of any volunteer fireman according to the above section, who leaves surviving him no wife or childret1 but does leave surviving him dependent father or mother, or both, then the state tre..!!-surer shall pay to the m·o ther if there be no father, or to the father if there be no mother out of the Firemen's Pension Fund, such sum andJin such periodic payments as would be payable for the death of a workman engaged in extra-hazardous occupations under the ,voikmen's Compensation Act, but if there �WORKMEN'S COMPENSATION A. CT 51 f ti r and mother surviving who were debe both a 1e "d deceased fireman for support, the . •fun d to eac I1 sue I1 pen dent upon sat1all pay out of said state tre~:t~~r0 ~1~-half, and in such r.eriodic payments sum, ei~ b payable for the death 9f a workman enas w~u . eextra-hazardous occupations under the ~V~~km:~'s Compensation Act. [L. '35, c. 23, § 7. Application Investigation. Section 8. \,V henever any fireman , his sur vivin g ·f dependent children or dependent par ents shall • or b enc.fi ts un(Ier ti11•s a~ t , be entitled to any pens10n such fireman, or in the even~ of his death, the chief of the fire departm ent, of w hich he was a 1;1en:ber or some other proper person, shall make appltcat1011 for such benefit s or pension by fili ng a comp lete ?nd concise statement of the fact~ nec_essary to entitl e uch fireman or his surviving wife or childr en or par ents to the benefit s or pen sion under this act. uch a pplication shall be filed with the state tr ea ur er upon forms provided by him . The state treasurer is her eby ~iven the power to in vest igate such application a nd determine whether or. not such app lication shou ld be granted, with the further power to hear eviden ce as to the justice of the application or r equire and r eceive affidavits as to the truth of the statements made in such· applicatio n. In the event such application is refused, such matter may be taken before the district court for the county wherein such applicant r esides by petition, and notice shall be given said state treasurer by the court of the elate set for hearing. T he decision of the district court shall be binding upon said state treasurer and applicant unless appealed from according to the procedure provided under the Workmen's Compen sation Laws of Wyoming. [L. '35, c. 23, § 8. • WI e, Other Compensation. ~ection 9. Application for pension may be made pno: to actual retirement upon statement of the intention to. retire, but payment shall not begin until su~h applicant has actually retired and his name is ~tncken from the pay rolls of the city or town. No rem~n or any of his survivors shall be entitled to ~?h~ the b_enefits of this act so long as said fireman C ts sury1vors are receiving payments under the m~mpensation Act, but upon the expiration of payto ~s ~nder the Co~pensation Act his or their rights who :hattnefits o_f this act shall attach.• Any fireman for f ~e entitled to the benefits of insurance paid videJo!11 t e ?'eneral fund of any city or town as pro1931 ~~al~ectt~\ 22 - 15 Wyoming Revised Statutes, this 'act unt~i° s ~ ~'?-titled to an~ of the benefits of shall h uc ime as such msurance payments ave ceased. [L. '35, c. 23, § 9 _ ?, PaYlllents-Exempt from Legal Action. Section 10 p rnade to the· b/Yre.nt~ made under this act shall be Qf each month ned c1tnes on or before the fifth day an s all be made by voucher drawn �52 WORKMEN'S COMPENSATION ACT against the Firemen's Pension J:'und and shall be paid by the state treasurer out of said fund. No payments made under this a~t shall b~ subject to judgg1ent, attachment, execution, garmshment or other legal process and shall not b~ assignable, nor shalf the state treasurer have the auth9rity to recognize any assignment nor pay over any sum assigned. [L. '35, c. 23 §IQ ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Act Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. March 1st 1935 Subject The topic of the resource Workman's Compensation Act, 1935 Description An account of the resource A booklet documenting one of the Workman's Compensation from March 1st 1935. It is stored in a orange folder with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Kirk Baldwin Identifier An unambiguous reference to the resource within a given context 1-0237 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/ebe93667205024a54952d356745f1431.pdf fedf3b4634f4b8731338cbf8c7ded5cc PDF Text Text FILE NO. 284 .VISITORS - Students of Michigan College of Mining & Technology �) \..:-..t ·- I l /L-:<..-'L I, , ,,..,...___,__" --- - MICHIGAN C • ' COLLEGE OF MINING AND TECHNOLOGY HOUGHTON. MICHIGAN BOARD OF CONTROL ENDICOTT R. LOVELL, CALUMET CHARLES .J. STAKEL, ISHPEMING WILLARD H. DOW, MIDLAND L. F. DUGGAN. REGISTRAR -- GI ") FIL - l\!0. ....... ·' ... ' / .._..., F. ALBEE FLODIN, IRON MOUNTAIN F. L. PARTLO, DEAN Mro H. C. Livingston, Vice President, The Union Pacific Coal Company , Rock Springs, Wyoming. Dear Mr. Livingston: I have just returned to Houghton after having spent nine consecutive weeks in the field with groups of students majoring in mining engineering. The first order of business is to gratefully acknowledge the many courtesies which were extended by the operating personnels of the various places that were visitedo You and your staff did everything possible to make the trip well-worthwhile, and I want to thank you, and the others, most heartily for what was done for us. It was indeed a pleasure to have spent time with you and Mr. Murray. I hope that before long you will find time to pay us a visit at Houghton; then I'll take time off and show you about. Best wishes, as ever. Sincerely yours, � �---;i Cf:.1..w.Q J. Murray Riddell, Head, Dept. of Mining Engineering. JMR/S c.c. Mr. I. N. Bayless � T N. F, KAISER TREASURER AND BUSINESS MANAGER \. GEORGE A, OSBORN, SAULT STE. MARIE --, 7/g1{ GROVER C. DILLMAN, PRESI September 13, 1949 FRANK .J. SMITH. RAMSAY, CHAIRMAN .) r �c·L,.:. RELEASE FROM LIABILITY x.. (/}My. fl),._,� � � In consideration of permission granted by the C for the use of its prop�known as the -if 3 ,j� ;;:rf4 dd<� � ata5-I��.:;;�� certain students from the Michigan College of Mining and Technology, Houghton, Michigan, we the undersigned, being of Legal age, assume all risk of injuries, or death, that may be received while on, in, or about the said or any other property of the Company, or in going to or coming from the same , and for ourselves, heirs and/or personal representat:tves , release and discharge the said Company from any and all liability for such �njur!es, or death, whether the same be caused by t�e negligence cf the Company or its employees, or otherwise, and covenant never to institute any action or proceeding at law to recover damages for any such injuries, or death. J,jf __ day of Dated at 1;:g�j c':J;;a:n, this __ ._ -=����---1 19_!!:_J_ In Presence of: t/C-. �� V � : ��di@�? -�u4�___, I(;?�/JI/ ;O/d/0�� �ct_� �RELEASE FROM LHBILITY In consideration of permission granted by 'l'he Union Pacific Coal Cornpany to the undersigned, students and stai'i' members of the Liichigan Colle6 e of Mining and Technology, of Houghton, !.Iichigan, to visit and inspect the 'iyorning coal-mining operations of said company on or about the 8th day of August, 1949, and following, the undersigned, each for himself does hereby assume all risk of personal injuries anci f' or loss of or damage to his property while upon said company's premises, unci does hereby, for himself, his heirs, executors, auministrators and depenuants, forev�r acquit, release and discharge said company and its officers and employes from any and all liability, of whatsoever character, for any and all personal injuries and r'or loss of or damage to his property that may be sustained by him v�hile upon said cornpany I s premises, irrespective of the manner in which saia injuries or damage may arise and whether said injuries result in death or other,1ise; and covenants never to institute any action or proceeding at law to recover damages for such injuries or death or da.ma0es to his property. Da tea at .dock ->prings, .iyoming this I HAVE READ AND UNDERST ,.ND TH1 8th day of il.ugust BOVE RELE.1SE , 1949. �...... ;'].,_; 1 L( FILE NO. ···-----Juno 21., 194? �-I>o Jo I."Ul."'ray Ridrlcll, Le�d Dcp.. 1,tocni of t&lin.G En.c;ino-rin'-" �r.,llc[�O of !.iining ,:n '.i'uclmolo& r�ouchton., '.:lchism Yotu.. lcttm.' of cbtc \HO 15 1> l9l 9, 1.'c luoJt • n.� pon.iiooion -ro:,;• 2,3 students in 1-::i,,.in cri:.,in�rin0 16 tiu.'oe of ·•our- ot:iff to vi ...it om� p1.'0poi�t,7 on dnto Y:Onll· !', .'\u:;tmt. �o "c sl ::ill bo h:.i 1y�i .--.. o h'.._:.VC ., ou via:lt, the : ro.Jm.�y <1m. oro hopeful tho minos ,.-illl bo o O"'Ltin;; on date , u__,m,t o Uri:: inal Signed: H. C. LIVINGSTON .iCL/rt �MICHIGAN COLLEGE OF MINING AND TECHNOLOGY HOUGHTON. MICHIGAN BOARD OF CONTROL FRANK , J, SMITH. RAMSAY, CHAIRMAN ENDICOTT R. LOVELL, CALUMET June 15, 1949 CHARLES J. STAKEL, ISHPEMING GROVER C. DILLMAN, PRESIDENT N. F. KAISER TREASURER AND BUSINESS MANAGER L. F. DUGGAN, REGISTRAR WILLARD H, DOW, MIDLAND F. L. PARTLO, DEAN GEORGE A. OSBORN, SAULT STE. MARIE F. ALBEE FLODIN, IRON MOUNTAIN IV Mr. H. C. Livingston, Gen. Ngr., Union Pacific Coe.l Comoany, Rock Springs, �-Tyoming. Dear Mr. Livingston: N l 8 1949 ,_ ·PRtslfJENt On behalf of the College, it would be appreci­ ated. if you would. accord :permission for twenty-th.l"ee students in raining engineerin; Bnd three of staff to visit one of your coe_l mines and the pouer plant on Monday, August 8, next. You T·rill recall tha� 1,re s·oent ti'!O days Hith you t·hro years ago ana_ made una.erground tri·9s at both the Ste.nsbury and Clarl{ Mines. In that 1•re will only h2.ve time to visit one of the undergrounct operations this year, I shall leave it with you to select the mine. If permission is granted, I will make it a point to wire you two or three days in advance of arrival. Sincerely yours, � �"")q,u� J. Murray Rid.dell, Head, Dept. of Mining Engineering. JMR/S c.c. Mr. l, N. Bayless �- I. (, )"!' ;.l l y ...... _, ,;.-\· \. �I ,_ • ) MICHIGAN COLLEGE OF MINING _AND TECHNOLOGY HOUGHTON. MICHIGAN BOARD OF CONTROL FRANK J. SMITH. RAMSAY. CHAIRMAN PATRICK M. THORNTON. HOUGHTON September 17, 1947 JAMES T. HEALY, HOUGHTON GR 1 ,1/ 1)£ 1 .,� N. F. KAISER TREASURER AND BUSINESS MANAC.ER CHARLES J, STAKEL, ISHPEMINC WILLARD H. DOW, MIDLAND Mr. H. C. Livingston, Gen. Mgr. , Union Pacific Coal Company, Rock Springs, Wyoming. Dear Mr. Livingston: Reference: Your File No. 080-3 On behalf of the College, I want to thank you whole heartedly for the many privileges and courtesies which were extended to students and staff during our visits to your operations on August 23 and 29, last. Mr. Murray and his assistants did an excellent job in showing us about and making the trip so well worth­ while, for which I am personally grateful. The two courtesy luncheons which you furnished the group were thoroughly enjoyed. The way all of us ate bespeaks an appreciation. Last Thursday evening we returned to Houghton after having spent five weeks in the West. It was a great trip, and all of us got a lot' 0 of good out of it. Sincerely yours, ��°19�J.J.&Q Y. Murray Riddell, Head, Dept. of Mining Engineering. JMR/S c. c. Mr. I. N. Bayless l,yj/( . DILLMAN, PRESIDENT L. F'. DUGGAN, REGISTRAR ENDICOTT R. LOVELL, CALUMET t ·11vt.�· ��=--. RELEASE FROM LIABILITY In consideration of permission granted by The Union Pacific Coal Company to the undersigned, rstudents and staff members of the Michigan Qollege of Mining and Technology, of Houghton, Michigan,-fto visit and inspect the Wyoming coal-mining operations of said company on or about �the 29th day of August, 194?; and following, the undersigned, each for himself does hereby assume all risk of personal injuries and for loss of or dam.age to his property while upon said company's premises, and does hereby, for himself, his heirs, executors, administrators and dependants, forever acquit, release and discharge said company and its officers and employes from any and all liability, of whatsoever character, for any and all personal injuries and for loss of or damage to his property that may be sustained by him while upon said company's premises, irrespective of the manner in which said injuries or damage may arise and whether said injuries result in death or otherwise; and covenants never to institute any action or proceeding at law to recover damages for such injuries qr death or damages to his property. R..a.ck Sp ri'l:;6/ '0,oti7/'� Dated at II:ag;teh, �d:.gc::iu, th�s 2 7-74 day of '1ug0zl, _194�. I ILA.VE/RE.AD AND UNDERSTAl\fD THE ABOVE RELEASE arl2 . sf?,,, I}• • rf3A<' $ J e. (f. Approved: --�.,.__{_II:._-!,._ C• .. •. • .. e:.o.:________ Asst. Genera.I Solicitor \._. �Rock Sp:dngs -· J\u5Ust 25, 1947 L' .. o Vo Oo r'iurrey L: "o 1-· o I' o Shm"p Ploase refer to my l<attor of date July 7, 194?, concorninc visit of student and professor ps1--sonnel of the 1.1ichigan Collo�o oi' llining and "''cchnology a Tho purty VIill arrive in lock :.:iprincs dur•in is the le.to .u.·tornoon of 1 t g;ust �7 o.:: l \':ill u:i.�h to visit our OP'�ra.tion r.,, u;:,s Jo.7 nnJ ?riduy J> _ug,.wt 28 o.nd 29 ( this ,:..eek) o Yie have for,n of release furnished by �o Buyless r;,hich uill have to be executed before the party entier the pr0mises, saE1e attached heretoo will kindly see that the release form from liubility is executed by all people in the party and arr,:mec for thcii· visit under ~roundo HCL/rt • You �BOARD OF CONTROL FRANK J. SMITH. RAMSAY. CHAIRMAN PATRICK M. THORNTON. HOUGHTON JAMES T. HEALY. HOUGHTON ENDICOTT R. LOVELL, CALUMET CHARLES J. STAKEL, ISHPEMING WILLARD H. DOW, MIDLAND �080-3 I July 10, 194? r i'-lr. J. Murray Riddell Hea.d, Dept. of.Mining Engineering College of Mining and Technology Houghton, Michigan (cc : I I Mr. H. C. Livingston) De2-r Mr. Riddell: This· 1:·1111 acknoi:dedge your letter of July 2, relative to student trip to The Union Pacific Coa.1 Company's mines, Rock Springs, Wyoming. Your pr•opcoed date of August 29 and 30 is :per­ fectly et1.tisf2.c'to1--. •. Hoi:ever, ,-,e question uhether the mines will be in operation on Saturday, the 30th, as the mine vmrkers 1 • contrs.ct call::; for a five-day 11ork week. You may be able to step your schedule up on& day and make it the 28th and 29th of August; or, in the event this cannot be readily done, there is s.l1.·1ays a number of men a.round the mines on Saturdays, even though thB mines ar·e idle, and there will _be nothing to prevent the strn:1ent� from visiting the miner{, either underground or on the surface, regardless of whether or ncit the:y are in operation. Hould ouggest tl1�t you uire Mr. H. C. Livingston, Vice President-Operation, I1he Union Pacific Coal Company, Rock Springs, 1:jyom1ng, a. day or two ahead of your a.rrivt,.l. 1 \·;e are enclosing a copy of a form of release �,hich our legeJ. department has requested be used. 'I'his relee.se may be signed and sent to the undersigned here, o� signed and handed to Nr. Livingston &t Rock Springs. Sincerely yours, Mr. Livingston: I am attaching copy of release requested by our legal department. .. �Rock Sp:rings - July 7 :, 1947 Hm�ouith copy of letter from H:lchigan Coll0ce of Jl.ti.ning and Tochnology of Houghton, Michigan, conce:rnil:'lE v:1s:H:. of otudent p3rsonnel· to our mines on dates 1\U8US't. 29 and 30 . 1 ' \ Kindly keep the matter in mind and tnk0 eaPe of n:rra.ngements £91., ihe visit of the party of 18 . HCL/rt �Rock Springs - July 7, 1947 Ur . V. 0. rfiurr ay : Herewith c opy of letter from Michi1an College of Uining and Technology of Houghton, Michigan, concerning visit of student pers onnel to our mines on dates August 29 and JO . Kindly keep the matter in mind and take care of arrangements for the visit of the party of 18 . HCL/rt �I MICHIGAN COLLEGE OF MINI NG AND TECHNOLOGY HOUGHTON , MI CHIGAN July 2 , 1947 r.1:-,,:, . I . W .. Bayle s s , Pz>e s:lclen t , Union l?o.ci :?i c CotU Company, 1416 Do dge Street, Omaha 2 , Neb:-i:.""0.sko. . Dear Mr . Bayle ao : Reference : 11hi s communi m,:tiol'l lette1., of !'.lay 26 in nhi to have aux• s·�ud ent s an(l " mining ope ration n . I i' a:!.2 o e S-o rings cm the ai1.d SatUl"d.ay , that yom." min o.dvi se . t i s n� to your 2ppre ointed eed a oillingne s s your \'Jycming; co sl ----- . ,., o.r1"i ve at Rock , nnd spend iI'rido.y �h you. rt filay be l"'d,,y . Ir so , kindly fi ft een students .md thni v,e nill im-po se upon I 1z· . Living- m reservation s for the group ; these ne ed make te natuz-e . We are traveling by autoof a le , and , · nsequently, it will no t be ne ces su�y to ·,-...._---=-t-=-r_.• . , ortat:lon. In the event that there is any change in the schedule , I shall make it a point to oontaot Mr. Living­ ston Dell in advanc0 . There i s en closed the form o f release whi ch i s customarily used . I f you desire another type of fo �m, endoraed prior to a:i."I'i v.2J. , kindly advi se . t.�ay X heur from you, please? Sincerely yours, ��--:,1.:..L.w.1 J . r.'Lurray Riddell Head , Dept. of mining Ene;ineering ·J rnR/S Enc . o . o. H. C. Livingston �/ RELEASE FROM LIABILITY In consi deration of permission granted by the for the use of its property known as the ------------- ____________ a t ______________ by certain students from the Mi chigan Colle ge of Mining and T e chnology , Houghton , Mi chigan , we the undersigned, being of Legal age , assume all risk of inj uri e �, or death, that may be re ceived while on, in, or about the sai d or any other prop erty of the Company, or in going to or coming from the sam e , an d for ourselves , heirs and/or p ersonal representatives, release and di scharge the sai d Company from any and all liabi li ty for such inj uries, or death, whether the same be caused by the negligence of the Company or its · employees, or otherwise , and covenant never to insti tute any a ction or procee ding at law to re cover damages for any su ch inj uri es , or death. Dated at Houghton , Mi chi gan , this _____ day of -------- ' 19__ . In Presence of : �080-3 I-1ay 26 , 19�7 l1r . J . D-1urray RiddGll He ad , · Dept . of Hining Engineering Michigan Coll0ge of Ninil'g 0.nd Technology Houghton , Iii chigt:m ( cc : i:ir . M . G . Livingston ) ----- Dear 112::c � Hiddell : You1� letter of 11ny 22 , advi si11g thut a group o'f your junior> s.nd eenioY' a·tudcmt e t-7ould like to vis1 t one o r tt·ro of our mining ope1"s.tion0 -v;hile 0nking your we st ex-n field trip : I t-:-- ould sugge st that you schedule your trip to vi sit t1?-e Stansbui--y ?:line at Rook Springs and the D . 0 . • Cl ark I:-1 ine at Superior , \'Jyom_ing . t-Je uould appreoiate &n outline of. your itinerary as soon as it hns been developed . \J_e uill endeavor t o pro,ride t_ranapo rtat ion from Rook Springs to the mine s , and will al so gladly assi st in making any re servations for .your stopover in Ro ok Springs . 6inoerely yours , �al�qe/6 I. N. tJ.AYLESS � 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 Correspondence Regarding a visit from the Students of Michigan College of Mining and Technology Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1947-1949 Subject The topic of the resource Mine Visits, Students of Michigan College of Mining and Technology, 1947, 1948, 1949 Description An account of the resource Letters regarding visits from the Students of Michigan College of Mining and Technology. All documents are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J. Murray Ribbell, H.C. Livingston, I.N. Bayless Identifier An unambiguous reference to the resource within a given context 1-0317 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/030ed6b8288929b74419728a2c107d69.pdf e71677a5c86c392bdcf58c36a1a994e2 PDF Text 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 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/. Identifier An unambiguous reference to the resource within a given context 1-0096 Creator An entity primarily responsible for making the resource J. R. Guiteras Title A name given to the resource Copies of Engineering at the University of Wyoming Article Subject The topic of the resource Copies of an article regarding the University of Wyoming engineering building. Description An account of the resource 12" x 9" paper copies clipped together, in good condition with no obvious damage. Publisher An entity responsible for making the resource available The Union Pacific Coal Co. Type The nature or genre of the resource Text Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1930-06-15 https://haylibrary.cvlcollections.org/files/original/eb4bf9e9e4b05fbee5a04296c39140fb.pdf 274268d4961f6c46698c3790f716d85b PDF Text Text FILE NOo 284 - VISITORS FRENCH Visitors BELGIAN Visitors 11 - BELGIAN Engineers OCT/50 - Accompanied by Mr. Wm. S. Gentry of Economic Coopera.ticn Admn. - Wash., D. c. DUCHATEAU, Henri DEC/51 - French Student. 13 - FRENCH Mining :t::Sn t-Group of 15t.- FEB/52 - Visitors to US under Technical Assistance Program of ECA. 14- RIGALDIES, R. MORIN, M. · MAY/50 - Fr ench Mining Engineers. 15- Messrs. BESSE, COLAS, DU PUY, JUL/53 12 - - French Mining Students. & 1-'J.ATHIEIJ. <> �Noo 15 �~· ~. ~-~ UNITED STATES DEPARTMENT OF THE INTERIOR -~~It/ BUREAU OF MINES REGION IV ;J:/ 224 NEW CUSTOMHOUSE 0FFICll:0F DENVER 2, COLORADO REGIONAL. DIRll:CTOR August 24, 195t f ~ / / Mro V. O. Murray Vice President, Operation The Union Pacific Coal Company Rock Springs, Wyoming Dear Mr. Murray: This will acknowledge receipt of your letter dated August 20, advising that the French mining students finally arrived in Rock Springs on ·August 17 and were shmm through your Stansbury Mine. The Bureau greatly appreciates your cooperation in this matter. Yours very truly, f~ • H. East, Jr. egional Director �Mr. J. H. East, Jr. Regional Director United States Dept. of the Interior Bureau of Uines 224 New Customhouse Denver 2, Colorado Dear ~5r. East : This is to advise that the French mining students, 1.'.essrs. Besse, Colas, Dupuy, and :o..athieu, arrived in Rock Springs the late afternoon of August 17th and were shovm throur;h one of the s eams in Stansbury ~ une on the 18th; they left Rock Springs that evening for points west, going to Salt Lake and on to San Francisco. I thought you might be interested in knowing that they had arrived. Kindest regards. Sincerely yours, Original Sig-ne<l; V, O, MU RRAY VOM:dtz �G-. N. BE.SSE1-\ • A. C«> LAS 'J. CR. J> u Puy "J'.f\/. O'q.1H1e-u Fv-e~~ M,-;.,;,3 f,,~,fffi~ Mt- V. O . H V ~ fJ. A Y \/.'c. e. . '?re.r id o, -1::lhu' tw1 'j>Q 7?o~ ..::Deo.r Mi- \1utrQ..!:J c.,'f-t 'c. Co a 7 Co,.,,p a'!_Y Spr,nd.s I Mr. ichuel:y , ""'i"7e,~ta,'caQ A ssi.s!o'"l-- - US Bui-12..CUl lJ/astun~+DY> _ +/:e. ,}>n>poSc.q ~out- -f::o ~u ucu::il ...._s ,>~ w, the """to vi'.rib ~et ,'v> -t;-... cl, w~ .d1ou.lo) be?. Lt.)~H, ve_:y 0 J &,.;, ...,s- ,:J°..._ J=-le.aJed wiine Roc.k. S ~1-,11~ s . are.. /iLLo i= how../ le O.\J, v,d- -Lue. o.5 we. ~o 11--,,, LM bd c.as, +&,c.:. We S fo b<Z. ~ '"T-?oc~ Ch ,•c~o S/=>"™~S on ~~...,..+ eu-ci,,,'vi}. ho u.e..:t ~ "~ dr--ah/~<> -to jOu. ~<.W,f- 18,,, our- you. rs tru.l?J-- ~ if .JOLC_ as St:he.dul;;J. �K, "' V\Ge, V.o. M~ -1w~~tu,l; I (]) . of Iv.n,on .loCl~'c. VIB IJIRmllIL Coo\tfJBR£'f) RE/lEII Cornron-y ~oc\< S pr,n3s /Jilli r1 llVION �REGIONAL OIRECTOR REGION IV UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF MINES 224 NEW CUSTOMHOUSE DENVER Z, COLORADO J Y 3~,f{;;f:J VED AUG 2 r 53 VlCE-PRESIDr:NT OPERATIONS Mro Vo O. Murray Vice President, Operation Union Pacific Coal Company Rock Springs, W"tJOming Dear Mr. Murray: We have your letter of Ju~ 28 stating that you will see that the wandering French mining students, Messrs. Besse, Colas, r Dupuy, and Mathieu, are shown the Union Pacific Coal Company mines when they arrive. The letter from Mr. Shultz of the Bureau of Mines in Washington, of ~rhich you received copy, indicated much vagueness in the students' itinerary. Your courtesy is very much appreciated in arra.~ging to show them some attention if and when they arrive. Best of personal regards. Copy to: I. N. Bayless 1416 Dodge Street Omaha, Nebraska �RELEASE FROM LIABILITY Each of the undersigned hereby states that he understands and realizes that coal mines and mining premises are eAtremely dangerous; and that for and in consideration of permission granted to him by The Union Pacific Coal Compacy-, a corporation, to visit and inspect its coal mine, operations and premises on this day of ____(_v_ · -:l/-_c..u.... -1-/_ ·'¼/.;..;.·___ , 19..L.l, and subsequent days, each of said I undersigned does hereby assume any and all risk of personal injuries and for loss of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors, administrators and dependents, forever acquit, release and discharge said ·The Union Pacific Coal Company, a corporation, and all its officers, agents, servants and employees, from any and all liability, of whatsoever character, for any and all personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or VJhile traveling to and from the same, irrespective of the manner in which said injuries or damages may arise or be caused, and whether said injuries result in death or otherwise; and each of the undersigned covenants that neither he nor his heirs, executors, administrators, or dependents shall ever institute any action or legal proceeding to recover d:JJil.ages for such injuries or death, or damages to his property. If this release shall be executed by a female, the pronouns "he", 11 himrr, "his" and "himself", as used herein, shall be read and construed to include their feminine equivalent. Dated this _ _ _ _ day of / f' 4u...v1----- , 19--5.l-. �RELEASE FROM LIABILITY Each of the undersigned hereby states that he understands and realizes that coal mines and mining premises are extremely dangerous; and that for and in consideration of permission granted to him by The Union Pacific Coal Compaey, a corporation, to visit and inspect its coal mine, operations and premises on this _____ day of )J q /J. V ~-./~ , 19__:_, and subsequent days, each of said undersigned does hereby assume any and all risk of personal injuries and for loss of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors, administrators and dependents, forever acquit, release and discharge said The Union Pacific Coal Company, a corporation, and all its officers, agents, servants and employees, from any and all liability, of whatsoever character, for any and all personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or while traveling to and from the same, irrespective of the manner in which said injuries or damages may arise or be caused, and whether said injuries result in death or otherwise; and each of the undersigned covenants that neither he nor his heirs, executors, administrators, or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property. If this release shall be executed by a female, the pronouns "he", "him", "his" ~d "himself", as used herein, shall be read and construed to include their feminine equivalent. Dated this ,A Z day of ____{J.,-vA, __....,....... _1-_____ , 19~. I HAVE READ AND FULLY UNDERSTAND TH;; ABOVE RELEA.:iE. I �RELEASE FROM LIABILITY Each of the undersigned hereby states that he understands and realizes that coal mi~es and mining premises are extremely dangerous; and that for and in consideration of permission granted to him by The Union Pacific Coal Compaey, a corporation, to visit and inspect its coal mine, operations and premises on this lfe;<fl ti 5 -f' day of , 19 ~ and subsequent dcys, each of said undersigned does hereby assume any and all risk of personal injuries and for loss of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors, administrators and dependents, forever acquit, release and discharge said The Union Pacific Coal Company, a corporation, and all its officers, agents, servants and employees, from any and all liability, of whatsoever cha racter, for any and a]J. personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or while traveling to and from the same, irrespective of the manner in which said injuries or damages may arise or be caused, and whether said injuries result in death or otherwise; and each of the undersigned covenants that neither he nor his heirs, executors, administrators~ or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property. If this release shall be executed by a female, the pronouns "he", "him", "his" and "himself", as used herein, shall be read and construed to include their feminine equivalent. Dated this /J' day of &:;zv 5 f I Hf.VE READ AND FULLY UNDERSTAND THE ABOVE RELEA0E • lµ'ne.4 19;3. �July 28, 1953 Mr. John H. East, Jr., Regional Director Resion IX United States Department of the Interior Bureau of Mines 224 New Customhouse Denver 2, Colorado Dear Hr. East: Vle have received a carbon copy of letter from Ur. Robert F. Schultz, Techanical Assistant, Region IX, regarding the visit of ~essrs. Bes se , Colns, Dupuy, and Mathieu, French l..!ining Students, to Rock Springs and advising they are on their way to Rock Spring8 by auto. Tie note at the present time they will not be able to arrive at Rock Springs on date July 30 due to a side trip to Canada. ne will see that the above men are shown Union Pacific Coal Company mines Hhen thesr arrive. Very truly yours, Origina l S igned: V, O, MURRAY VOM:KB �UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF MINES WASHIN GTON 25, D. C. f'ub,joct: ' isi'0 of ~ 20GJ.t'G o D <:.!D~),_/) Col, G~ :'}cl_?'-.,., I Jre_ cl1 "1:l11 ·1:,; Jt-·~()rrG 'I' (h .d. \:~ • o.d 9..;, cve:1 •c .. ·'· t,ho J:'.:(-:110 1 i:i.nd 9. •LJcc'i:, [;i't>' .. ::cl t11Qt :':. .<X:, r.::o J I::~-.J.~l ill1' to t· ct~ f:>1.l.11~ :J_v 11 2.:s'l1 ivcd in. , .'2shi ~o.. lc:tto OJ' ' 021::, '·1 ~ ins c;,·~uct. • ono 'i.Ilic_ t ..lio o_'f"~co cdcl ';;:rice air c ••1c -;_;· .c:1 o.n J:tl.y G i.:.CV0.:,11. .1-'J.Y C-:'1 Cll.""~'.:,s o f:::,0::1 I•'.;. MC ui 1 not p C:).:::-1:L·G:·wn·c. t,o in l."y: td 3 ~ • VL"- piu~c!l=..f} ::" D. cc j C<.::.l~ ~J.:rrJ. CUL :1itl~ c::rni :.,en .., , ·r·l C>tJ cJt1:;L ·to tlo oi~ 'i;scciin:~ CL z r tc .. l :o l2'.1V1..J c.dviGcd 'i:-}1c::. -,! . ·,:, i • D si 0 ·;,, G pre ict ··1 thor ·i;,~ ~:::.-., l';J_gwG· lli, ln.t t b.~it, c,;~ vis:ti to )Jck E~n-.lr-..10 coul "\ 't,hcir bebo2.t i~ t~tld [;1.\_,~o;;t, c 1)ost.~1onc1e;nt ,r- vi cd thoy i:-r ,,: •o ,s u~'G ·Ui.0' 1.;ould w "rivo on cc .c:.1nlco 11.'hc.r t:-8i....c n'J t~ iL _net, dcl.L ;l;e,3 ' u't i~1ou::;a t hoy t;ould G.TT.'.:1:1.jo nho.t '(J...,s .:'c:1Giblo clr:: ::,: t! o w:...,y o [I_COOl"'cii;1£ly:, I D.~:l i" ·2ldi.(j CO_JiCD 0£ t s iD t,-:, l: ' o Eaylcoo., eo.ncclin.5 t he visit for Julj- J~o ROBERT f. scH.,n.Tii �.JUl;y 15 p 1953 r:r . J . H. ,.., r. st~ J1,, . n.e 6 io m,1 Direo-:ior li . ~ . 3urec:1.1 o f 1f. ine s .2L~ l~i?'c,r Customhouse 1~ sri vs:r 2 , Color·rJ:lo to me eti ng the French Si ncerely yours/) Oi"igin• .~· I . N. - �REGIONAL DIRECTOR REGION rlf UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF MINES 224 NEW CUSTOMHOUSE D ENVER 2, COLORADO 13, 1953 ' ~ . ,_., l 4 • ::·· J f:SfDJ:Nr ~s ~ .~: . ·.· Mr . I. H. Bayless , Pi~esident Union Pac i fic Coa l Company 1416 DodRe St r eet Omaha 2 ; 1~cb:taska Dem.· r:Ir . Bayle ss : :.. u.:-c l e tter of July 6 r e l a tive -co proposed one -co "i;1·! 0 d:,.y visi·i; ol f em, Fr e nch mi n ing s tud.em~s to you.:. pr ope:cties v:i; _ ocls. Sprin 3 s , W;y omi ng, is much a.pprccia t c;;d . I Lave just bee n advis ed ·i.;ho:G t hese s tu.a.ents ru.,c arriving in t h e 1 n itz '1.. St a:i.;es one ueel;: l a-i;er t han ori !5i uall y s che dulei:L,, an.a. i.:;ha'G o. r e v i s ed itiner e.ry ha.a b een p1·epGrcd -J:or '.;helil inclu -.i ~ a v i s it to Rock :Jp:d ng z on July 30 . 1u en thi s da·te h a s b een conf irme d, 1re : rill a dvi ce: yot1 und Copy of l e ·tter f-L' O.Gl Rober t F . Schu.l·i;z , Tech.n.icnl Assis tant, Re:g:1.on I X7 l! shington, D.C . , i:' egaxding this visit is enclo::;e d . lY'ir . I'.i\n·roy . Sinc7;~~/£ ~ R. Eas~;::.- "/"-gional Dirzcto:r Copy t o : l.tf. O. Murray, Vice President, Rock Springs, Uyomin~ �■ 11r . J O H O .1., v. 12l"l:i p Jl., . Wo g ion "1 t_;: - ~ 0 D4?act o~ B;~1re ;_u ,0 f ~"ine G 2 2t:: .1 2-,-J Ctrniol3houc e ~) e 11v -;..:" :.. 1 1ol or n.a.o ( GC : ". 0 • i: t.L l"'n~ ::ug..-1es -1z· . ; . :: . Gr-oaco) f ?" . !1Y' . J . oo L.e tir.e be· .-reen J uly 20 ;:;nu ~o : Our- · eo _ple Ji ll b e very h c.t_py t o e ternl cour•ceaie s of tLe . r,,tua.ents . Sino ez> ely you!'o t �- 0 0 p y - UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF MINES 224 New Customhouse Denver 2, Colo. July 3, 1953 Mr. I. N. Bayless, President The Union Pacifio Coal Company 1416 Dodge Street Omaha, Nebraska Dear Mr. Bayless: The Director of the Bureau of Mines has been requested to assist with arrangements for visits by four French mining students to coal mining operations during this month. We are advised that the four mining students concerned, by name G. B~sse, A. Colas, J. Dupuy, and J. N. Mathieu, are members of the French Bureau of Mines and reoent graduates of the School of Mines in Paris. We understand that these men will visit Pennsylvania mines first, but we would like to know as to whether a 1- or 2-day visit to your operations at Rock Springs would be possible at some time during the period July 20-30. Your consideration of and advice in this matter will be much appreciated. We will advise you further when we receive more information regarding their itinerary. Sincerely yours, /a/ J. H. East, Jr. Regional Direotor �NO . 14 �]:!lH Y°i+ -~ )JJ:✓ "'r '1 MAURICE CAR r-.e.~ ~ ~~ c.o-lL·J ~ I -mak "'-e 't_/},<,(A,, ~ ~ ~ ~ ~ ~~ -~ J~ ~ ~ ~ ~ ~ ~ ~ ~ o . J k q y , l<J.4- w.e,,..e__ ~ , 1Q CHIE F FRENCH MINING EQUIPMENT P U RC H ASI N G O F FI CE 13 2 2 18TH STREET N WA S HINGTON 6 , 0 , 0 W 'c. , DE C ATUR 2-8300 E XT . 167 �--- - tt;: I' . �FRENCH MINING EQUIPMENT ~rCHASING OFFICE OUR REF. MINES 2144 )7 ~~~~~-/'- Ii~~--- . r }; R£Cf iVE D r WASHINGTON 6, D. C. ~ YOUR REF. ~ : ,18lliS-BT, DECATUR 8300 VICE•PfJESIDENT Ma,, 18, 195.3 --,...,.;;; O~PE ;:,'.R~ !A.!,! Tl~ ON~·s~ =,J •w Mro VoOo Murray The Union Pacific Coal Canpany _Rock Springs, Wyoming. Dear Mr o Murray: ' Many thanks for your kind authorization to visit the mine. We expect to be in Rook Springs Sunday, May 24, and go to your office Monday moming. M. Morin and M. Rigaldies, who are not too familiar "rlith your language, asked me to go mth them. I was supposed to make a trip uith another french engineer, M. Lafon, but it '\'iould ba :more convenient to make only one group. ' ) Is it not imposing too much on you to hav:a a party of four instead of two? • With best personal regards, I remain, Sincerely yours, f. 0 - �RELEASE FROM LIABILITY Each of the undersigned hereby states that he understands and realizes that coal mines and mining premises are extremely dangerous; and that for and in consideration of permission granted to him by The Union Pacific Coal Compaey, a corporation, to visit and inspect its coal mine, operations and premises on this _ _ _ _ _ day of __________ , 19__ , and subsequent days, each of said undersigned does hereby assume any and all risk of personal injuries and for loss of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors, administrators and dependents, forever acquit, release and discharge said The Union Pacific Coal Company, a corporation, and all its officers, agents, servants and employees, from any and all liability, of whatsoever cha racter, for aey and all personal injuries, and for loss of or damage to his property, which may be susta~p.ed by him while upon said Company's premises, or while traveling to and from the same, irrespective of the manner in which said injuries or damages may arise or be caused, and ,.,hether said injuries result in death or otherwise; and each of the undersigned covenants that neither he nor his heirs, executors, administrators, ( or dependents shall ever institute aey action or legal proceeding to recovGr d.:::un-- • -'' ages for such injuries or death, or damages to his, property. If this release shall be executed by a female; the pronouns "he", "him", 11 his" and "himself", as used herein, shall be re13:d and construed to include their feminine equivalent. Dated this_ _ _ _ day of _______________.. 19_. I Hli.VE READ AND FULLY UNDERSTAND THS ABOVE RELEA::.iE • 0 ' �:~y 7, 195.3 ..2r o Ho Oar ;.r0nch tJining f.quip:1::)nt Furcl'.U1sina Off'ice 1322 18th St1~Gct., No i!o ·::asbiniton 6, Do Co (CC - Ero Do 1io Dyor H0gioncl :.:inint: upor·visor Uo ~. Gsologicai 0 urvoy 306 Federal Eluilding • ult Lake Gity l, Ut2h Mr. Jo Bo Mugh0s -, i.1r o Co ~l o Gro3so I.il:~ o Fo Jo I?0to:r1i.cll) Your lette r of i:s.y 4, 1953, your r ofcrenco -r5.ineo 1924., p~~tui1tln6 to the visit to some of our co~l r:tlnoo by t,v;o of ycur r.:dnin!i,; en __ ineeNi f:ro;n France r;ho nill ottond the Cool Jhou o.t Clevela 1d tbis comiru; ,wok nnd r:ho r1ish to study som'.) of' the r.:dninc methods of 'rho Union Pa.cific Coc.l Company a.rrivine ho.r e ':o.y ;l5th! I i,ish to ndvioc that it nill be satisi'actory for 1-.':r o I o ! .igal.dies and fJr. Lf. If'.Orin t o viai t the prope1,ty and 1-, e vrl.11 ::.110,,-; them so!:l<e of our mining conditions. For your inform,1tion, Er. Lo P. Pearce and £Jr . B. J. Jyer of the u. s. Geoloe;ical Survey called t1e on telephone this morning relative to the vioit and I infor.m0d the:n that it ··;ould be satisfactory f or the above-mentioned 5entlemen to vi::;it tho Union Pa cific prop0rtiea. Very truly yours, Original Signed; V, 0, MURRAY VOU:KI3 �FRENCH MINING EQUIPMENT PURCHASING OFFICE ouR REF. r.nrJEs 1924 I \ 1322 18th STREET. N. W. WASHINGTON 6, D. C. YOUR REF. DECATUR 8300 195.3 Ur. V. 0. t1urra y Union ~acific Coal Co. 404 N. Street, Rock Springs, Vlyo. Dear Ur . ~.!urray: 'Vle u ish to requ e st ki..rldly your p0r:niss ion to visit :rour coa1 mD1in g o,erations , for a group of t uo (2) mining engineers fror.l France uho ,,iU attend the Coal Sho,.' in Clevel and and afterr:ards v i sit s -ae mi.-ies to study your mining meth ods : i.7r o R. Rigaldies r.T . 1:orin r.:r O If the vis it i s agrea le to you , they a re planning to be in Rock Springs , r.~onda , r.;ay 25 . .As you already __ ave been kind enou gh to rece ive r.iany french visitors in your mines , your worki ng conditions are Y:ell k:novm over there and follild very similar to those prevailing in our coal fie l ds . Thus t h is ,risi t would be very valuable. Yours sincerely, l.1C/bg �NO. 13 �r ,: I , ·; • ' •• •r- ____. Douai, May 7 I952 Dear flir !jurray: I duly receivedo a few days ago 0 your lett.er dated April 9 • and the ·twelve seriestfphotographs;0 taken during our visit 0 thall you ware kind enough to send mao They were very much appreciated by the members of our team, and. I want to thank you. very sincerely 0 on behalf of them all, for this souvenir.,. • • Will you pleas.e forward Il\Y' best regards, to Mr Bayless, and to the different members. of your staff' 0 who were all so helpful end lcind to US;o I am 9 vrith kindest personal regards: 0 Yours: very ·t;rµJ.y, ~~ J.courURE Mr V oO o .Hurray Vice president, Operatiom The Union Pacific Coal Company Rock Springs , Wyoming. U.S.A. �./. ~ - ~(N dl.J PAS-DE-CALAIS f! HoU~l ~RES t: DU BASSIN DU NO R :J : ET r "! ~ ~~~ ""'.L : · - ,, " .. :::' ~ lWAi= e Mr V .Oo I.ruRRAY Vice president, Operation The Union Pacif_ic Coal Company Rocle 3prings, '\-';yoming U. S. A. �ttpr il 9, 1952 f!. o Coutur e Houilleres Du Bassin Du Nord Et Du Pas-De-Culuis 20, Rue OeG r.linimes Douai ( For d), FR.!11:CE Dear Uo Couture: \ copJt of your l ett er t o Cr. :Sayles o of 1~cent date, r equesting ~clditionul copi es of pict u~es t aken· cturin3 the tine you s p::.m t o.t noel, Spr i nj o, has b een f ort-:nr dcd me . I a.~ enclodng he rev;ith t hr ee s et s of t,,;;elvo ench · of phot ographs t aken <lur in 3 yo ui:- vi si t which may bo used a s a s ouveni r for each oi' t he t ·,;clve mc!ll.bers of your t eem. ·;iith kind.est r ce;c.\1:'Cis and. best wi shes o Very truly yours, Orlgin2,l Signed ; V, 0, MU RR!1Y Vm! :ICB �,o I .. , . ~ , ., .t/ ' .. . .. _ . _ ~. . • i• • • • .) _, Omaha - April' 4, 1952 080-3 Mr o v·. o. Murray: (cc: Mr. H. M. Tibbs) Suggest that if it is not too much trouble you secure additional copies of the pictures taken at the time the French delegation made their vi sit to our properties, and furnish them to Mr. J. Couture, as r equested in hie letter, copy attached. �080-3 April 4, 1962 I-1. Ooutu1.,e Houilleres Du Bassin Du Nord Et Du Pas-De-Cal~is 20, Rue Des Minimes Douai (Nord), FRANCE Dear r-1 . Couture: Pic1mouledging i."PCelpt of your letter of March 26, 1952. It '.'7&9 n pl e nsure fol'' me to be o.ble to meet you~ -party in Rook Spring s, Uyoming, nnd hnve &:. very enjoyable visit §nd dieoussion vith you. You may be su.r·e 'Gho.t oux• uhole or-gnnizo.tion joined· in uelcoming your- party, nnd mcny hsve spoken very nppreciatively of the conduct of e2ch member of the party t>:hile visiti_ne our propertie0. . tJe t1ill live in hope of being o.ble to visit some of your mines in the not too distant future. ! am asking I:l.r. Tibbs, Personnel Manager of Nr. Murray's office, to secure, if possible, additions.l p10 ture0 and . send to you. Sino~rely yours, �- 0 0 p y - HOUILLERES DU BASSIN DU NORD El' DU PAS-DE-CALAIS OOUAI (NORD) The 26th March 1952 Mission de Productivite Charbonnages de France Mr. BAYLESS President The Union Pacific Coal Coo 1416 Dodge Street OMAHA (Nebraska) Uo So Ao Dear Mr. BAYLESS, It 1s really a pleasure for me to thank you on behalf of all the French Coal Mining Team for the ext~emely hearted welcome we have received in youi• mines. Our mining conditions are misfortunately far from being as good as yours but we have still gathered information that will certainly be a great help for us and we are to have been able to see ourselves the way you aohieve the excellent results of which we were already aware. Although in every country the miners can feel during their visits a professional cordiality which is due to the particular character of our very profession, we have found here a reception that was even more friendly and that we shall not forget. Be sure that if some d~ you or any member of your staff come and visit the French Mines, you will be received with the same pleasure that the one we got from the visiting of your operation. Sincerely yours, /s/ J. COUTURE PS: If it is not too great a trouble for you, we should be very pleased to receive some more copies of the pictures taken during the happy d13Ys that we spent in Rock Springs. I have received two with great pleasure, but I left one · to Mademoiselle ROUQUm'TE and it would be a very nice souvenir for each of the twelve members of the Team. �(co: Mr. J.B. Hughes Mr. F. J. Peternell Mr. Chas. Grosso) For your information and files, I attach hereto copy of letter from Mr. B. H. Schull of the Schull-Moake Coal Company, Marion, Illinois, regarding his v1sit,with the French ooal mining team, to our prope_r ty. �- C O p Y- SCHULL - MOAKE COAL COMPANY Marion, Illinois Maroh 6, 1952 Mr. I. N. Bayless, President The Union Pacific Coal Company 1416 Dodge Street Omaha, Nebraska Dear Newt: On behalf of the French Coal Mining Team and myself, I want to thank you for the courtesy shown us by you and your entire organization while we were in Rook Springs. It is a pleasure to meet old friends and mine a little coal. In Washington the French Team in making their report _put Rock Springs and your organization #1 on accidents, courtesy and your system of mining, which gives me great pleasure in passing it on to you and your organization. If you ever get down in our section of the country, please wire me a day or two in advance, as I would like to reciprocate for the courtesy shown ue whtle in Rock Springs. Again, thanking you and your organization, and with best personal regards, I am . . Very truly yours, /a/ B. H. Schull �LA SALLE APARTMENT HOTEL CONNECTICUT AVENUE AT L STRJIIET WASHINGTON 6, D. 0. aµ J ~ ~ '?[, v1e - 4 ~f- M jo j ~~/I½ ~, v i : , ~ ;~r·11,,,d,,( d µ~ 1 0--r-o CA ) tuk l £/4'. U I WvJ t:<.' w, J)' ~t;:... fr'---t/V.-, / ~ }W½, e, f'if, h--.,s d .c,._,--p, r~ 4 /t..,/½ A,Ailw WC- f<- ./,_ fJ-e h ~ 1 ;(r t< u ~ C, 1 t,, ._ o,{/1{~ ~ W t.,,/_ KA,. - ;s Wv\.,{_ - C: dr.,,.,etPe k. ~ A-v½ ~ ~ , f1.; b-)'--f~~ fl½ h...v ~ /L, di"" '7 11-/ ;..., ii:,, ,,_· rf. iv,._ d ;;_ ,,._ rfo..t4t-o i,,. h ~ lt-4") ~jo1'M- M ~ '.h" vi.-,t~ / ~ JWJ~ ~ //'"in-~_ av~ �· NEW HOPE F · - - - SUP : . _ THE HE-ART FUND �Rock Springs - February 11, 1952 Mr. Io No Bayless: Enclosed herewith photographs taken of the visiting French party that was here and visited the Rock Springs Mines February 5 to 7, inclusive, which I thought might be of interest to you and for your files. VOM:lz Oiriginal Signed V. O. MURRAY �- . l.. RELEASE FROM LIABILITY ~i t I FILE 1\:0......:..- - - Each of the undersigned hereby states that he understands and realizes that coal mines and mining i:remises are extremely dangerous; and that for and in consideration of permission granted to him by The Union Pacific Coal Company, a -r- corpor~tion, to visit and inspect its coal mine, operations and premises on this J /P"a-,H' - d ::{L day of c i f : / 2 , . . , - 7 , 19j'::J-- and subsequent days, each of said undersigned does hereby assume any and all risk of personal injuries and for loss of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors, administrators and dependents, forever acquit, release and discharge said The Union Pacific Coal Company, a corporation, and all its officers, agents, servants and employees, from any and all liability, of whatsoever character, for any and all personal injuries, and for loss of or damage to his property, vm.ich may be sustained by him mile upon said Company's premises, or while traveling to and from the same, irrespective of the manner in which said injuries or damages may arise or be caused, and whether said injuries result in death or otherwise; and each of the undersigned covenants that neither he nor his heirs, executors, administrators, or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property. If this release shall be executed by a female, the pronouns 11 he 11 , "him", 11 his 11 and "himself", as used herein, shall be read and construed to include their feminine equivalent. Dated this ---- day of _J-_µ1,._~---1,•1 - - - - - - - - ' 19 ~-7.. - • I HAVE READ AND FULLY UNDERSTAND THE ABOVE RELEASE. o...-e ~ a..rf!uu . q ::;:::,= bf~ �FRENCH COiu. INDUSTRY COJ,MISSION Schedule of Personnel GROUP 1 - Jo Couture, Chief of French Commission ~ .I!lli. Jo vouture General llanager Erueloier Houilleres du Bassin du Nord et du :Pas-de-Calais, Paris, r'rance £ . Gerenton Head, '1'echnical Bassin d• Auvergne department Ch. Grard ~eduction .E.ngr. Pas de Calais, Lievin J . Cha.Iilbotedon r:liner Bassin de Cevennes F. 'ka.litz Face ill.nor Bassin do Lorraine GROUP II - Emile 11orel - Group Leader General ·anager Bassin des Cev,mne~, Ales. R. Schweitzer Pit Engineer Bassin do Lorraine F. Claret Pit Uo.nager Pas de Calais, Billy-.Montigny B. Bauer Head Overman Bassin de Lorraine M. Depres 1'liner Pas de Calais - Emile .Uo1,el . I Burbure GROUP I II - R. Ringot - Group Leader R. Ringot Prod. Engineer · Pas de Calais - Lens L. Caussade f oreman Bassin de la Loire p. Delaf'orge lli.ner Pas de Calais, Groupe de Bethune M. Hauer Wilhelm f oreman Sarre - Grossrosseln 11. J ust Rudolph Engineer Sarre - Landsweiller - Reden �RELEASE FROM LIABILITY Each of the undersigned hereby states that he understands and realizes that coal mines and mining p:-emises are extremely dangerous; and that for and in cons~deration of permission granted to him by The Union Pacific Coal Company, · a corporation, to visit and insp~ct its coal mine, operations and premises on this day of ____________, 19__, and subsequent days, each of said undersigned does hereby assum~ any and all risk of personal injuries and for loss of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors, administrators and dependents, forever acquit, release and .discharge said The Union Pacific Coal Company, a corporation, and all its officers, agents, servants and employees, from any and all liability, of whatsoever character, for any and all personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or while traveling to and from the same, irrespective of the manner in which said injuries or damages may arise or be caused, and whether said injuries result in death or otherwise; and each of the undersigned covenants that neither he nor his heirs, executors, administrators, or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property. If this release shall be executed by a female, the pronouns 11 he", 11 11 him11 , his 11 and "himself", as used herein, shall be read and construed to include their feminine equivalent. Dated this ---- day of _ _ _ _ _ _ _ _ _ _ __ 19 I HA.VE READ AND FULLY UNDERSTAND THE ABOVE RELEASE. /I' t~J:: . &1-rz 0 �H. C. MC COLLUM & .ASSOCIATES MINING ENGINEERS 307 NORTH MICHIGAN AVENUE CHICAGO I, ILLINOIS January 8, 19.52 FINANC IAL 6-0288 ,... . ,...., .. Mr. V. O. Murray Vice President, Operation Union Pacific Coal Company Rock Springs, Wyoming Dear Hr. Murr ay: We have your reply of January 4, 19.52, with respect to the French mining men wh o will visit the United States, and am very pleased to know that they will be welcome to visit your property. Your offer to arrange for hotel accommodations for these men is sincerely appreciated. However, because of the size of the group and the scop_e of their visit, all such arr angerr~nts are being made from a central office. A list is enclosed setting forth the names, titles and employers of the French personnel. In addition to these men there will be an interpreter and an American engineer assigned to each group. Thanking you for your co-operation, and assuring you that you will be advised in ample time of the arrival of this team, I am, Yours very sincerely, HCMcC:srl 1 �FHENCil COAL nmus1> 1w CONt·'lISSI ON Schedule of Pcrsonnol GiiOUP I "' J. Couturc1 Chief of French Com ,,ission J o Coutur0 !:,, o Jerenton Title .t!:mployer Ucneral ;-.Tanager llouilleres du :...assin du Nord et du i'ns-de- Calnis, l:'aris, Frv.nce Hond, Technical ~-nssi n d I Auvergne de_ar·tm0n'~ Cho Grard Pro cl_uction Engr. PHs dG Calais, Li 0vin J o Cha,"Ttbotedon Vii ncr Bassin de C0venn0s Face Hiner ~assin de Lorraine OROU.P II - Emile iforel - Group Lender Jassin des Cevenncs, Jiles. E.nile \'forel Cron0r·tl ~':anEJ.ger R. Schweitzer H t .::,n1.5 inc3r 1~ F. Clnret Pit i-:.:inager i'as de Calais, 1illy-·:ont:i. gny E. l:a'.!.er ,-lead Ov0r.:. , an dassin .e 1orrain::i r1. Depres ~'liner i)a s - GROUP III li, tlingot ssin <le Lorraino de Ce.lals - roup Leader - urbure - i.ens H. Ringot Prod. Englnoer .Pas de Calais Lo Caussad0 Foreman assin de la Loire P. Dela forge t-''.iner Pas de Galais, ·roup3 de Bethune n. .Ha ' 0.r :iL1elm Foreman Sarre - Grossrosseln M. Just iludolph Bngimer Sarra Landsweiller 1 - Raden �,.... H. C. MC COLLUM & ASSOCIATES MINING ENGINEERS 307 NORTH MICHIGAN AVENUE CHICAGO I, ILLINOIS January 15, 1952 FINANCIAL 6-0288 Mr. Leonard Hansen Union Pacific Coal Company Rock Springs, Wyoming Dear Leona.rd: I wrote Bunny Livingston a letter asking for permission for a French mining group to visit the Union Pacific properties. Mr. Murray answered granting this permission, also stating that Mr. Livingston had accepted a position in Chicago with the Truax-Traer Coal Company. We are writing to tha White Mountain Lodge for reservations and I assume that it will be necessary to furnish automobile transportation for this group to and from your mines. In acting as consultant for this group it is my j _ob to see that the necessary reservations and transportation is arranged. In order to save me a trip to Rock Springs, I would appreciate it if you l\Uuld contact someone who will handle this group of men back and forth. I will call you from Salt Lake City about February 3 and discuss this further with you. Give my regards to Alma, Marjean and young Leonard. Sincerely yours, HCMcC:srl �1626 VVAZEE STREET DENVEH 2, COLOHADO T E:LE:PHC>NE: K E Y STONE::. 1!:X.ltCUTIVI!::. 01'",:'ICE:S 6334 HENRY W. OLIVER BUILDING PITTSBURGH 22,PA. January 30, 1952 AIR MAIL Mr. V. o. Murray, Vice President of Operations The Union Pacific Coal Company Rock Spri ngs, Wyoming Dear Vern: When Squib McCollom and Ben Schull arrive with their party, I would like for you to tell them that I have made reservations for five t win bed rooms in the Albany Hotel in Denver for Friday, February lsto I talked to Ben Schull last night over the telephone when he was in Price, Utah and he as ked me to make reservations. Please tell himo Also tell him I am expecting to see him and his group while they are here, and I would be glad for him to call me. With best regards, I am, Yours verJ cordially, JOY MANUFACTURING COMPANY ~ John H. Emrick District Manager JHE :LP �FRENCH COAL INDUSTRY COMMISSION Schedule of Personnel ~ROUP I - J. Couture, Chief of French Commission Name Title Employer Jo Couture General Manager Houilleres du Bassin du Nord et du Pas-de-Calais, Paris, France E.o C-erenton Head, 'rechnical department Bassin d I Auvergne Ch. Grard Production Engr. Pas de Calais, Lievin Jo Chambotedon Miner Bassin de Cevennes F. Skalitz Face Miner Bassin de Lorraine GROUP II - Emile i\Jlorel - Group Leader Emile Morel General Manager Bassin des Cevennes, Ales. R. Schweitzer Pit Engineer Bassin de Lorraine F. Claret Pit Manager Pas de Calais, Billy-Montigny E. Bauer Head Overman Bassin de Lorraine :M. Depres Miner Pas de Calais - Burbure GROUP III - R. Ringot - Group Leader R. Ringot Prod. Engineer Pas de Calais - Lens 1. Caussade Foreman Bassin de la Loire p. Delaforge Miner Pas de Calais, Groupe de Bethune M. Hauer Wilhelm Foreman Sarre - Grossrosseln M. Just Rudolph Engineer Sarre - Landsweiller - Reden �l"H.ill-lCil .COJJ.. I lWU;)'l'JtY CO:,U:WSI <. !J s ch.cdulo of Pcroonnol - Title Lmployor Houillo:rcu <lu Buooin du Nord et du :Pac-dc-Colnis~ Paris, f ranco Hoad, 'I'cchnioul dor;artr~ nt fTocl.uction 1': ngi'. r:1in0r BWJ sw do Cevenruaa Fa.co i1iner Bausin de Lcrro.il'.w :b:mil\:I Hoi•el General •-: .:magcw Bassin tlos CoVOlUl00 1 :ileo. R. Schi·,oi tz.er Pit 1:ngirwf.lr Bassin <!C LOl'l,JinO Claret Pit iS:.m~c,e 1· Pas do Calais, Billy-Uon titVlY • Bauer Head over ;;-l:!.<"'l Bassin de Lorraine :t}.incr l-laa do Cnlai$ Jo Char.'lboted.on i;•. ~ M. Deproa - iiurbure CUtOUP III - F... Hingot - Group L0a.der a. Ringot Prod • .c.ng.ineor L. Causeuue Fas do Calai:3 - Lena ilasain de la Loire Uiner Paa do Calais, Groupe de Bothune r.'1 • Hu.uar tVllhel.,n !J., Just ltU<iolp.h Sarre - Lan.dovieillcr - H.c~en �}~i\~.;:.r Grl cr\:ti ,••. l l,JiJ~lj~;'l;\1{ C~;.:.~:l;J!1' lU!f •~~cll.Cdul.g 01' r ci·.om:imi.J. Hm.1.Ulorco .Ju f)~1::.d.n du noro ot. clu. ,t:Gc-dc...0olnio, Fu1•:i.s 1 1·:t(~HOU HO{ d 0 1'<.:cMical ciopet~tr:roat 'l • Claret - H. ft.ingot P.:.-,oo. J l ~'le~l' fas do ~l.ai:J L. Gauoo11.do fot·oa:an BtlDOin do la r.oilira p. i)oJ.~m·\;,1 !.Sit or v~ do Cala.ia, a.1~0111-~ do .wothunc L!o Ha.UOi" it UJlolm. li'oremnn !Jcirro ... Gr,o~DX'OUGW.11 u. -Ju.ca, ltuctOl;i)h J)l1gincc:r torN I..:iruio·,•i~illo~ i,C/M - H.et1on �Houillo1~ot. au I:::~mJi::· du tH>rd oC du i·<1C.-<1o-t;nl.(Jis, ·u:rl.v i, .f'l"'f.l.UOCJ t;Oti~a ': ·ci'1d.O~ c:to.i;i.ul"V..'.::t.mi •, ' ,linr;o~ do a,~l.uiu - ··i:."~. ;:Jl.1-.1,iaem;.. }}11$ ~"ox·ci:~i Baooif1 dF.J lu L(:)i.t'lJ. .:i:lUOl' .l'>{.~ .CJo muoz- ;~;Uhcl.c.: FON~ ll:~ ;;}Ql'l"O ... Gross2...~00cll:& ef Ju~t b.t:.dulph f,neirn., 1• J..,nrJ."V .i.~ • !,; ...;uUOt),ti-iG ,,, ,t· c, .;,1 0 jj'~J,~~'fJ,l i ,t::110 do CD.l'11G1 t:tJ. 0U~-O a~ t cthur..o 1 t ~uuil!i\,ti!illo~ - Uccton �r, -f _,.. ,1uu-,_.,._..,~l ..._~ r-: , 1/ flU:. NO··-•-'-- . --._....... • Vice President., :lli.XXXXXXXXXX Operation January 4, 1952 Mr. H. C. McCollwn H. C. 1~cCollum & Associat,es Mining Engineers 307 North tiichiean Avenue Chico.go 1, Illinois Dear Mr. Mccollum: Yours of January 2nd advising trot a group of French mining men would visit Union Pacific mines on the 5th and 7th of February. As you no doubt have learned by this time, lir. Livingston has accepted a position \'Jith 'l'ruo.x-Traer Coal Company, Chica go, as Vice Pr esident, Opsrations, effective January 1st. t!owever, we \'1ill be glad to assist in sho1·, ing these paople our properties. ;)Ugiscst that you ";'l ire me train arrival, and 11e v.ill be f31nd to raako hotel reservations if you pref er and ,·J ill advise. Very truly yours, Original Signed: V. O. MURRAY Vice President, Operation V011:KB �Jnnuary 4, 1952 l.fa"., H. C.. L1cGollu-;i H. c. t::cColl'ilfil & t.ssocin.tes Vining J:nzineers 307 North Uichis~m ,1\vcnu0 ChicnGo 1, Illinois x om•s of JnnU-:U"'Y 2nd o.av101n:; th:i.t n 6.rou.:J of French cinin;; men r;ould visit Union ;"Jacific mines on the 5th nnd 7th of February .. ;,s ,you no doubt h~vo l earned by this time, Ur. Livingston hr,s a.cc cptcd a position 1•iith 'l'runx-Traer ~nl Co,Tif>.J?"~f, Chica go, as Vice t'r Gsidcnt, <Jpor~tion.s, t::ffective Janll':'.ry 1st.. Lo,7ev0r, ne riill bo ~bd to nssh.lt in nho·, ,ing thcso people our propm•tfos .. 3u3..::;cot th.3.t you ,·i ir0 me train arrival, and n 0 v,ill be ~ln.d to raakc hotel reservations ii' you prefer and riill advise. Very trul,;r yours, Origin:i,l Signed; \J, 0, MURRAY Vice President, Operution �H . C. MC COLLUM & ASSOCIATES MINING ENGINEERS 307 NORTH MICHIGAN AVENUE CHICAGO I, ILLINOIS January 2, 1952 FINANCIAL 6-0288 Mro H. C. Livingston Union Pacific Coal Company Rock Springs, Wyoming Dear Bwmy: I have agreed to act as consultant for a group of French mining men wh:> will be visiting the United States under the Technical Assistance Program of the ECA. There will be 15 Frenchmen plus 3 interpreters plus 3 American Engineers, or a total of 21 people. They will be divided into three groups of seven each, consisting of Management, Technicians, Labor Representatives, an interpreter and an American Engineer for each group. The reason for sub-dividing was so that not more thm seven visitors would be Ul'Xlerground at any one mine in any one day. The personnel involved in this group is selected and cleared by the French Govern~~nt and receives the usual State Department security clearance for foreign visitors to the United States whose presence in the United States is not inimical to the interests of this Government. The French have read various articles on your property and have requested tlat they be permitted to visit your mines. Our proposed itinerary brings us into your area as follows: D. O. CLARK MINE RELIANCE MINE Group l - February 5, 1952 Group 1 - February 7, 1952 Group 2 - February 7, 1952 Group 2 - February 5, 1952 We would be very grateful if you will grant us permission to visit your properties on or near the dates outlined above. Thanking you in advance for any favors, I am, HCMcC:srl �NO. 12 �September 8, 1952 Mr. Henry L. Duchateau Eagle Mountain Mine Desert Center, California Dear Hr. Ducha teau: Your letter of September 4th addressed to tlr. Livingston was received this morning. For your information, Mr. Livingston is no lon5er with The Union Pacific Coal Company. He is now associated v1ith Truax-Traer Coal Company, Chicaeo, since the beginning of the year. You have requested official statements from operators of coal mines where you visited, and I am attachin~ here~1it h a statement regarding your visit to Ti1e Union Pacific Coal Company's Reliance and Stansbury mines. \'lith kindest regards and best ,,ishes. Ver., truly yours, Original SJ.gned : .V, O, MURRAY VOM:KB �September 8, 1952 To· '.\/Hat~ IT HAY CONCE~rn: This is to certify that Henry L. Duchateau visited the following properties of The Urdon Pacific Coal Company in the vicinity of Rock Springs, •·,yomine, on ,Tune 2 to June 7, 1952: Durin~ thi$ period of time, l/l r. Duchateau visited the Stansbury Mine seeing shaking conveyor ope.r·ations in No. 3 and No. 7h Seams ; also Joy loader work in No. 1 Seam, Stansbury, v1here Joy shuttle oars, Joy lo::i.ders, and 70 U·{C Jeffrey top cutters \~ere in operation, and the shuttle cars loading onto belt conveyor nhere oars v;ere loaded at the entry and transported from the loadine point by motor to slope haulage and from there by rope hoist to the surface by ~·Jay of electric locomotive. Mr. Duchateau also visited operations at Reliance No. 7 t~ine vihere he observed shaking conveyor nork, and at Reliance No. 1 Mine, No. 11 Seam, where he saw the Joy continuous miner in operation. Very truly yours, Original Signed: V, O, MURRAY VO:;h KB ' �" """'"~ I... °l l>e..ij Afi'AI) ~ ""'~~1\\A~ ~✓~ (!,f\L,1 ;-\ �fl\\r. \f.o. ~~ a.C\~1 'lf,ae, ~~on; d.ct~'r q ~ \10.,. c11Y,·Q~ \} t5\ci;J <9Ae.q e. ,~ C.©At, t.@ • el1sut11. ~C>~ \ l\ff@ t .,. ~ tl'@r.1ia~• •"1€7.., \ hn~&. ~e,e,.e.,i ~~ \\f 0 '\:.1' , \ ~ o V (!.. ~~ ~~ ~ \f V,@tJ<J'> lr" \,(l,,. Dn'IC \<1.~~<r d:,,~Jf<?.,,, ©~ @~ ~~1 \53 _ '1 dk. \'Z! o <t'v\J> G'a. \.. 1s,l,l'.g., 0 L;. 0 (1. 1@"" @ '\,~ Ii Q,, ~© ~<Ji ~ i~ ~~-<i. \<l.¼a.lJ', 0 i 'f \ ~ :l.o tf , \ ~·. fj ot. ~\l_ i i~,:;'-\ l) ~~ ;. i £\ .!>\\ ~~~<.J'\= @~ ¼,, - v;. 1, 0~ 0 o (}~ ae,g,, ' ~\~ ~~~v" [)~v o ,c. ~ ~ ~ Qti<J,. ~~~ \ ~ o~~v~oy, ~ 0 ~ (1,.(1,~ "{@~ ~t'l t,'(1, G ~. l.. 1) !J(.~A'\\"~A ij \l4: lo r S\© t,';\ ~~c c,~..,~ '1){l~t~Tu \\J ij~~ 'ii'c~ �(I May 19., 1952 Mr. Henry Duchateau 124 Carson Avenue Dragerton, Utah Dear Mr. Duchateau: Your letter of May 13th at hand. I note that you will advise us the date of your ar rival at Rock Springs which will be around June 2nd or 3rd. At the present time the mines are working four days each week usually Honday, Tuesday, Thursday, and Friday. I s ee no objection to your going into the mine on idle days preferably with the mine foreman or some of his assistants. Hov,ever, this can be worked out with us v1hen you arrive at Rock Springs. Very truly yours, Original Sig ned ; '\J, 0, MURBAV VOli:KB �Dragerton Mayl3 195 2 . Mr .V. 0 • MURR! Y Vice Presi dent Opera tion Union Pacific Coa l Co Rock-3prings. Dea r Sir~ I have r e ceived your letter some da ys a go, and I a ppreciate ve r y much the kindne s s of your a greement. I see in your answer tha t your mines work only about .- three days a weelc; do you~- think it is possible to visit during t he other da ys? In spite of the f a ct it is not po -_sible for me to come before the end of this month, I will tell you , as soon as I will know it, the exa ct da te of my a r r ival at Rock-3prings. Very truly yours, Henry Duchateau 124 Carson Avenue Dragerton Utah. �April 25, 1952 Mr. Henry 1. Duchateau 124 Carson Avenue Dragerton, Utah (CC - Mr. J.B. Hughos Mr. Chns. Grosso M~. F. J. Peternell) Dear l'.ir. Duchateau: In reply to your letter of April 23rd, I wish to info1-m you that you may visit The Union Pacific Conl Company's mines during the month of l1ey. For your information, the mines are only workin.::; about threo days a week at the present time, and I v;ish you \,ould udviso us a f e i:1 days prior t.o your arrival nt Rock Spri~s so that proper arrangements can be made for you to go out to the different mining districts that are situated frora five to 30 miles from the General Office at ·Rock Springs. Very truly yours, Origina l Signed ; l/, O, MURRAY VOM:KB �Drage~ton, April 23 1952. Mr. H.C.Livings ton Vice P resident in Ch~r g e of Operat ions Union Pa cific Coa l Compa ny itock 3prings - ·.ryoming o Dea r Mr. Living ston: After the lette r· Mro Keen_.:1.n sent you Dec ol9 from the Colorado 3 chool of Mines , l pla nned to visit vri th ycbu at Rocle Springs at Christma s then in F ebruary, but e a ch time s snov,rstorms cancelled tha t trip. Now, 1 am a t Drag erton (Utah) and 1 am finishing my stay at the mine of Horse Canyono.Ster some days of mere visit, 1 wa s working in different places in the mine v,rhere 1 can have a first view of the e q_uipment and a n e xa ct idea of the troubles encountered. I ·would to lcnow if a similar program is possible during the month of Ma yo You ha ve pe rhaps,s ome sugges tions about that plan of visiting your mines,I hope,however,that your answer vdll help me to fulfill my prog ram of studies dur ing this year in the United St a tes. Sincerely yours, !~a::~e: 124 Carson ~venue ( UT.ill ) DR.l G.:!,RTON. �December 21, 1951 Mr. Albert M. Keenan Associate Professor of Mining Colorado School of Hines Golden, Colorado Dear Mr. Keenan: Your letter of date December 19, 1951, addressed to Mr. Livingston, with reference to Ur. Henri Duchateau, French student i'Jho is desirous of visiting our properties, has been passed to me for handling. •:,·e wish to advise tha. t we shall be happy to have llr. Duchateau visit our properties commencing shortly after the first of the year and request that you have Mr. Duchateau advise us, prior to his arrival, the date he \'1 111 arrive at Rock Springs. Sincerely yours, Or iginal Signed: V, O. MURRAY VOM:KB �COLORADO SCHOOL OF MINES A SCHOOL OF MINERAL ENGINEERING GOLDEN' COLORADO December 19, 1951 DEPARTMENT OF MINING EN GINEERING Mr. H. C. Livingston Vice President in Charge of Operations Union Pacific Coal Company Rock Springs, Wyoming Dear Mr. Livingston: We have a French student, namely Henri Duchateau, who is being sponsored jointly by the French Coal Board, the Eimco Machinery Corporation and a Fulbright grant for one year for attendance at the Colorado School of Mines and association with the coal mining industry in general. Mr. Duchateau is completing the first semester here at the Colorado School of Mines and has been engaged in a study of coal mining engineering. Insofar as his study in the u. S. is restricted to one year, he has expressed a desire to contact certain coal mining corporations in the West to determine the possibility of spending from two to three weeks at their properties for the purpose of getting a first-hand view of American coal mining methods. Insofar as the French coal mines are for the most part composed of pitching seams he has expressed a desire to see those types of operations. Accordingly, Mr. Livingston, I wish to take t his opportunity to determine whether or not it will be possible for ~lr. Duchateau to visit Rock Springs, Wyoming, for the purpose of looking over your operations. I realize there are many ramifications to such a proposal but would appreciate having you interview Mr. Duchateau during the last week in December or shortly after the first of the year as he will be making a trip to Rock Springs, Wyoming. Mr. Duchateau speaks English rather well and I am sure there would be no language barrier to add to the ramifications. Sincerely yours, ~ ~~'?-1/f?e~~ ~ ~~ , Associate Professor of Mining Chief of Coal Mining DiVision AMK:j cc Mr. Henri Duchateau �NO. 11 �CAREL ROBINSON Tl!:Ll!:PHONI!: NEIL ROBINSON 37·583 ROBINSON AND ROBINSON MINING ENGINEERS NOV 1 5195G UNION BUILDING VICE•PffESIDENt CHARLESTON, WEST VIRGINIA _OPE~TIONS November 13, 1950 Mr. H. C. Livingston, Vice President Union Pacific Coal Company Rock Spring s, Wyoming Dear Mr . Livingston: On behalf of t he Belgian m1mng team, ECA and our firm I should like to thank you and assure you of our appreciation for taking the time and trouble to let them inspect your Stansbury mine. I think the Bel gians gained much information which will prove of valuable assistance to them on their return home . They were all quite naturally tremendously impressed with your splendid safety record . Will you please thank Mr. Grosso for his many courtesies and for the valuable information which he furnished? Neil Robinson cc : Mr. C. E. McWhorter, District Manager Goodman Manufacturing Company Denver, Colorado nr/dck �ELECTRIC MINING MACHINERY MAIN OFFICE ANO PLANT HALSTED STREET 704 DENVER NATIONAL BUILDING ANO 48TH PLACE CHICAGO 9, ILLINOIS DENVER 2, COLO. 1/ October 9, 1950 FtLE:: HO ,,,., • ·1 w~. H. C. Livingston, Vice President Union Pacific Coal Company Rock Spring s, Wyoming Dear Harry: A group of coal mining engine ers from Belgium, accompanied by Mr. William S. Gentry of the Economic Cooperation Adminis t ration, Washing ton; , D. C., will arrive at Roc k Spring s at 9:06 A. M.~ October 11. They have gotten in touch with me and want to see some of the steeper pitch wor k in fairl y thin coal. I think the thinner seam at Stansbury mine would be about what they are look ing f or. I am planning on having J,ir. Littrell meet them and they will get in touch with y ou upon their arrival. I would appreciate it very much if y ou could give them enough time for a short talk in your office and make arrangements so they can go into Stansbury the afternoon oft he 11th. If more convenient, they could go in the mine on the 12th at the start of the morning shift. They have to leave Rock Springs by plane at 5:30 the 12th. Kindest personal regards. Yours very sincerely ~ 9&_~ c. E. McWhorter District Manager CEr./i :mo ···----~ � 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 Correspondence Regarding Visits from France and Belgium 1950-1953 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1950-1953 Subject The topic of the resource Mine Visits, France, Belgium, 1950, 1951, 1952, 1953 Description An account of the resource Letters regarding visits from France and Belgium to the mines in 1950-1953. All documents are held together a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J.H. East Jr. V.O. Murray, Robert F. Schults, I.N. Bayless, Maurice Car, J. Couture, B.H Schull, John H. Emric, Henry Duchateau, Neil Robinson, C.E. McWhorter Identifier An unambiguous reference to the resource within a given context 1-0310 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/8d09ba67ff303458e4a41a90b91a6f88.pdf a277d5bc38453fe52792c4963f4d6548 PDF Text Text 284 FILE NO. Visitors - F 1- FUSSEL, Walter (•Request for Authority to make trip through USA)' APR/47 2- FUIFCRDj, J. H. (The Jeffrey Manufacturing Company) DEC/1949 �2 �\ The Jeffrey Manufactuklxg Co. COLUMBUS 16, OHIO OFFICE OF VICE PRESIDENT December 13, 1949 Mr. V. 0. Murray, General Manager The Union Pacific Coal Company Rock Springs, Wyoming Dear Verne: I want to write and express to you my appreciation for your many kindnesses to Eddie Horne, Andy Anderson, and myself when we were with you and assure you that our visit there was made most pleasant by the opportunity which we had to get around the properties and visit with you. I would have written you earlier but upon my return I had to go East and have just returned to my office. I have today written to Mr. Livingston thanking him also and I hope that on my next visit I can take advantage of the offer for a horseback ride, assuming of course that you have a nice quiet animal staked out that I can use. Let me take this opportunity to wish you and your family a very happy Holiday Season. My kindest personal regards, �NO. 1 �Rock Springs - April 7} 1947 Mr. Io N. Bayless? V/e transmit herewith letter and envelope enclosure from one Walter Fussel,, requesting authority to make a trip through the U. So A» for purpose of studying mechanical loading equipment. >7e presume that this should be forwarded to the immigration authorities and will appreciate your further handlingo HCL/rt � 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 Visitors to the Mines whose names start with- F Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. Apr 1947, Dec 1949 Subject The topic of the resource Mine Visits, 1947, 1949 Description An account of the resource Letters regarding a visit from people that start with the letter F. All documents are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource J.H. Fulford, H.C. Livingston Identifier An unambiguous reference to the resource within a given context 1-0330 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/da7cbd3197fe4d211200d34cf3d4ce49.pdf 01d26ebf896dbc0c0dbf604a706edef8 PDF Text 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 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 Psychological Factors Affecting Mechanized Mining Efficiency Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1946 Subject The topic of the resource Causes and solution for psychological distress affecting workers efficiency. Description An account of the resource 6.5" x 4" booklet with blue cover and black text. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource James Hyslop Identifier An unambiguous reference to the resource within a given context 1-0037 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.