32 10 348 https://haylibrary.cvlcollections.org/files/original/2b50225914bb1100bd28a6e02ee1aa5f.pdf f70bc6ac7dbab5258c4c8af943960454 PDF Text Text .218-6 THE UNION PACIFIC CO.AL COMP ANY \V AG~S OF EMPLOY ES Part - 1 From: Apr. 5, 1946 �Rock Springs - March 10, 195g t1r . I. N. Bayless: ( CC - .t1r . J. L. Rawlip,gs t1r. J. D. Fos er) Per telephone conversatio , copy of :tvn-. J. D. Foster 's letti:) Ii I am atta ching hereto of March 6, 195g and atta chments, relative to supplying currency: and coin fo r cashing payroll vouchers at Superior. Enc. VOM:KB �10--,.;r .iL C n.JJc' '1 THE UNION PACIFIC COAL COMP ANY Rock Springs - March 6, 195S File 143-2 Mr. V. O. Murray (CC: Yir. J. L. Rawlings) Refering to our discussion today r Blative to supplying currency and coin for cashing pay roll vouchers at Superior. Our former practice was to have the Rock Springs National Bank send the Store Manager at Supe rior wha t currency he required each pay day by registered mail insured and what coin he required by insured express collect. The bank sent this office a debit slip for the exact amount of the insurance and postage on the currency. The Store Manager at Superior paid the expr ess charges on the coin when he received it. If it is decided to send cash to Superior to pay our pay roll vouchers I recommend that the same arrangement be made with the Rock Springs National Bank to s end pay roll money to the Mine Superintendent at Superior. Attached is copy of letters showing how this was handled. Our records indicate that from 40% to 50% of the Superior Mine pay roll was paid by our Superior Store when the arrangement was in effect. Insurance charges on currency is S¢ per thousand dollars or fraction thereof. Postage is 3¢ per ounce or fraction thereof and registry fee is .JO¢. Insurance and express charges on coin is $2.33 for the first $100.00. From $100.00 to ,~200.00 charge is $2.42 and from $200.00 to $300.00 charge is $2.S2. Mail leaves Rock Springs at 7:40AM and Arrives in Superior at 9:30AM. Leaves Superior at 3:45PM and arrives in Rock Springs 5:10PM evecy day except Sunday and holidays. &press leaves Rock Springs evecy morning at S:15AM except Saturdays, Sundays and legal holidays, and returns to Rock Springs immediately after unloading at Superior. /s/ J. D. Foster Assistant Treasurer �CO,P Y Superior, Wyoming January 25, 1954 Mr. J. D. Foster, Asst. Treas. Rock Springs, Wyo. Herewith money requirements of Superior Store for cashing pay roll vouchers on pay day, January 29th. $ 2,000.00 2,000.00 1,500.00 200.00 30.00 30.00 currency in 20 1 s II II 10 1 S II ti 5's II II l's 11 halves, coin II 11 quarters 5,760.00 Signed Chas A. Dean Store Manager CC: Mr. J. L. Rawlings �January 25, 1954 Rock Springs National Bank City Gentlemen: Please send Chas. A. . Dean, Store .Manager, Superior, Wyoming $ 5,760.00 in currency and coin as follows: ~ 2,000.00 Total 2,000.00 1,500.00 200.00 30.00 30.00 ~~ 5,760.00 in 20 1 s 11 10 1 s II 51 S 11 l's currency 11 Halves " Quarters Send the currency by registered mail, insured, to arrive in SUPERIOR I N, THE MORNING }i~IL, Saturday the 29th. Send the coin by insured express collect to arrive in Superior FRID AY the 28th. Charge this office with the postage and insurance on tha currency. Respectfully Assistant Treasurer �l Rock Springs - March 6, 195S I Mr. I. N. Bayless: (CC - Mr. J. B. Hughes 1fr. J. L. Rawlings Mr. J. D. Foster) A problem has arisen at Superior concerning the cashing of employes I checks at that district. As you 1·rill probably recall, the M & K Market at Superior doing business at the U. P. Store in Superior has been . cashing the payroll checks. I am enclosing a copy of a letter from Mr. O. E. Bertagnolli, Cashier of the North Side State Bank, notifying the M & K ¥1a.rket that the bank can no longer advance cash for this purpose . It is my understanding that other places of business in Superior, Point of Rocks and Thayer Junction having this service have also been notified. The U. M.U. of A. contract provides that wages be paid by check, Section 77, Page 63 of the Agreement reading: "All wages due will be paid in negotiable checks during mine office hours, with provision for the prompt redemption of same by banks conveniently located." Of course you knm-1 there are no banks at Superior. T,·Je would not care to redeem th.e checks at the mine office as it would entail considerable work and the necessity of providing cash on paydays. It is my understanding that up to ~0,000.00 can be transported to Superior through the mail but in my opinion this would not be satisfactory. I am bringing this to your attention asking your advice as to the best method to handle the cashing of payroll vouchers or it may be that the employes will be required to cash them in Rock Springs. Enc. VOM:KB �.! -·--1 ('ti l~ -- ~: r ~- .J ,\"j l JL NORTH SIDE STATE BANK of Rock Springs, ¼yo. Rock Springs, t·Jyoming o. E. Bertagnolli, Cashier February 28, 1958 M & K Market Superior, l"iyoming Gentlemen: On January 11, 1958, this bank was ex~--nined by the State and Federal Authorities. The Examiners not only severely criticized the practice of extending credit on so called Payday notes, but subsequent to that date, served the Management 1.d.th notice that such practice must be discontinued. He deeply regret that we are forced by that edict to inform you that effective 1-!arch 1, 1958, this bank 1..d.ll no longer offer this service. Very truly yours, o/s o. E. Bertagnolli 0. E. Bertagnolli, Cashier OEB:jc �i012a.ha, Aps>il 17, 1946. . April 20, 1945. Orii;:.;:al Signed 1. 1\J. BAYLESS �Rock Springs - ,A.pril 10, 1946 :Mr·. I .. N. Bayless, President OmP.ha, Nebr. Dear Mr. Ba yless: Complying with the request o f 1Ir. Burress, I ara sending you herewith our pay roll vouc h er number 3327 period August 16-31, 1945 amount {no. 63 f a vor of Frank D. Taylor, accompanied by Form 6 3. Please h t1 ve Mr Tay l or sign For.r.1 63 and return it to this of f ic e . Also enclo s ed is c o~ i es of Form 125, Statement of Earnings a nd Deductio n s f or the periods August 1-15, 1945 and August 16-31, 1 945, s h ow in g a tot a l balance due of $65.63. On October 21, 19.Li.5 The Union Pacific Coal Company, at Hanna, Wy o., wa s served with a garnishr1ent (Attachm.ent v.rri t and Sur!:..r:ions) the plaintiff being John Robinson ahd the defendant Frank D. Taylor. In which Mr Robinson sued for the sum of $50.00 plus costs of court for room and board furnished I,Ir. Taylor which ha d not been peid. On November 2, 1945 this office pursuant to an order fron the court of Robert Molyheux, Justice of the Peace, at Hanna, Wyo.,fromwhos court the garnisl1.rn.ent · issued,paid into his court the sum of $55.00 in settle~ent of the garnishment. Leaving a balance due Mr. Taylor of $10.63. Balance due per Form 125 August 1 to 15, 1945 " 16 to 31, 1945 Total Paid on garnishment Net balance due --- d' ~ 20.30 45-g3 65~ 3 55 .oo 10.63 �FormW L.o, aJ 9-tZ-IO.l! THE UNION PAC)FIC CoAi.,. .co. IL~ HANNA MINE NQ _ __,.L_ ___ ~STATEM T O EARNINGS OF: ~/WA • r.tOIITII ...3 .! f / 3 2 O durin DATIi DAYS @ DOl71lS @ 'l'O US @ TOllS @ @ TO'l:AL &A.IUIIZIQS DEDUCTIONS TOTAL D!!DUcrIONS TONS PIIEml1lS: @ FED. 8001.U. SEClUIUTY TAX BALA!IOJ: DUE ~ �FormW Lo, aJ 9--42-151{ THE UNION f>ACIFIC COAL Co. I:. .;./. HANNA MINE N 0 ---1-~_£V _ _ VJ, STATEMENT O F EARNINGS OF , r'J'j, /~ ', h ~?(_ hlo ui 0 during AZ ;-' {/ CIORTB / / I ' .~--- . ;// , ~ 3eZ / S' 19 4 _ @ DAYS @ /t} DAYS @ / t) .S/ 7 /J / 0 R7 ~ t£i,t.l @ • T01ef7 @ TOUS @ @ ...3 ,2 og TOTAL E.AIUllllOS DEDUCTIONS RENT. WATER, ELECTn.10 LIOHT COAL LAtlP ltENTAL BATHHOUSE ! lo b UERCIU.NDISE EXPLOSIVES L -o ~ / ' ,q J .5 I tJ HOSPITAL COW.USSXON WYOUINO SALES TA% FED. SOCIAL IIECUlUTY TAX .32- FED. INO. TAXES ,go ti. 8. WAit llAVI!IOS IIODD3 ..5 t7o • -J..,;"?/l/'/.AU~Jk,;.,...,. I TOTAL lll<DUCTIOliS :,, BAL&llCE DUE TOIIS PREIUUI!< @ lj _IJ ,·.. ·; ,,' " ) I I ,,..-.'... ~1. . I r TOTAL PJllOO:tlM ' I ' • '1Jt.· . , ,, . .;. .... -.di @ ~~~ PED. SOCIAL sf~ 'I'll: ./ ~CEDUJ: / I f i9 ,2 a ,it1 �Omaha - Apllll 6 1 1946c. I I I ·I dicates he was employed nt S'!4pez,ic~ J uly 3 0 1945 0 quit • July l~B 1945 0 r0-employ0d at flarma Aug'Ust •9 11 1945 &l'id. quit Augtast 22 0 1 94J3 a oalled at the office hhis mo~1i:ng,_ pzoesenting i10'1.iicG o"l his. r-0sig1.nt:lou a"G Ee,nn2. dmtecl Aug-· He advises that uhen he left Hanna, he reI 1. ques·ced 'i;hat hi e; check be sent to :him et 6127 Hazelett Stx•ee't 9 D~t;~oit 11 I'5iohigru'l , but that the oheok wi:is not :i?eoeived.. \1ill -you please advise if ~ta still o~G. this . man fo~ hia s~l"Vices, and ii cop ~ill you kia~y _aend his ohaok to my off!oe fo~ deltvs1~J~ I , • l � 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 Wages of Employees Apr. 5 1946 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. April 5 1946 Subject The topic of the resource Employee wages and 1946 Description An account of the resource Papers held together by a brass pin. Letters and documents regarding the employee wages. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource V.O. Murray, J.D. Foster Identifier An unambiguous reference to the resource within a given context 1.0210 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/4cf9d5ca1498f1fb829263d5c8cffc17.pdf 5d8631a4bc81994ee05333840fc9d199 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 Wages of Employees Part - 1 Apr. 5, 1946 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1946-04-05 Subject The topic of the resource Collection of records for employee wages. Description An account of the resource 11" x 8" beige folder with black text. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Is Part Of A related resource in which the described resource is physically or logically included. Union Pacific Railroad Company Wages of Employees Identifier An unambiguous reference to the resource within a given context 1-0042 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/82c5aeea898593af5a7b12d02e26ae84.pdf e12c104d317b02d3b1060b6223cb79b5 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 Washington Coal Company Form 49 Tonnage of coal mined at and distributed from TONO mines Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1930 -1932 Subject The topic of the resource Records of coal mined at and distributed from the Tono mines. Description An account of the resource Loose papers held in a 13" x 8.5" red folder Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Washington Union Coal co. Identifier An unambiguous reference to the resource within a given context 1-0008 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/009b8a06b9d82444ae71730e4dece94c.pdf ced3873f6d3766f262a927c758b7cc3c 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 1-0132 Creator An entity primarily responsible for making the resource Eugene McAuliffe Frank Tallmire W. Hann Title A name given to the resource Washington Union Coal Co. 1918-1931 Annual Reports Subject The topic of the resource General reports between 1918-1931. Description An account of the resource An 11" x 8.5" black leather book with red and white label on spine, there's minimal damage aside from worn down edges of paper. 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. 1918-1931 https://haylibrary.cvlcollections.org/files/original/8ec95b346fccc76505f116ea0d7fee3a.pdf 668794e80bcc8c27c2d10d5cdca51b41 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 1-0129 Creator An entity primarily responsible for making the resource I. N. Bayless Eugene McAuliffe Title A name given to the resource Water Company - Annual Reports 1928-1957 Subject The topic of the resource Annual reports regarding the operational cost of the Union Pacific Water Company. Description An account of the resource An 11" x 8.5" black leather book with gold text, there's minimal damage to the outer edges. 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. 1928-1957 https://haylibrary.cvlcollections.org/files/original/2e7e21a2d848115ab57c1c11b6138e5d.pdf 18608e2e66b036e25cfa5d701209b1fe 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 WHY -- Wallace & Tieran Co., Inc. New York 1919 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1919 Subject The topic of the resource Information on the importance of clean and filtered water. Description An account of the resource 8.5" x 4" booklet with beige cover with red and black graphics. Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context 1-0035 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/b515486d99f94a005bf5e7bd32446d69.pdf 8f00ce740255aa1cbb6af88bb6e822c2 PDF Text Text �������������� https://haylibrary.cvlcollections.org/files/original/8a36bd23ed6056600b0b3912d120d1bb.pdf ba62961be9ad08fa825192396fcf45ce 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> Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. 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 1-0080 Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Title A name given to the resource Wolf Safety Lamp Co. of America, Inc. Subject The topic of the resource Maintenance instruction and detail for the Wolf Safety Lamp. Description An account of the resource A 10" x 8" brown booklet with black text. Publisher An entity responsible for making the resource available The Union Pacific Coal Co. Type The nature or genre of the resource Text and Image Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1937 https://haylibrary.cvlcollections.org/files/original/91e74996d8c5fd373b11f0b8c7574246.pdf c28d934702572842f29224ab68de6d7a PDF Text Text Ro~ Springs llay 18, 19 -35 »;✓ /. ... ....·....,,,, . .,, ' Hr . I.IurJc~cy advi ces that. all the fire extinguishers �Superior, \li/yoming. May 18, 1936. F I Er. E. R. Jefferis: . Please be advised '!;hat all fire extinguishers in Superior Store and store basement have been chan ged on their hangers not to exceed t ~o feet from the floor. The dan ger of these being knocked fr ~m t he wall having been eliminated. This is also to advise that t he neu ChevDolet truck has been . received, and that the dodge truck has been taken to t he Co:rapany garage to be repaired. ,.., _ �Rook Springsp Y/YOo To All llanagers z Plcce all Fire .ubr.tinguch Gr s so they are not ove:,.~ a foot off t h e floor a t convi ent lo ce,tions Yi.her e th ere i e no dax1g er of being knocked dovimo .Attend to thi~ a t once, advising v1h0n completedo If y ou:t e"t:ti ngushers are e:mp ·~y advise at sarae ti.me. r::. R. Jeff'erio ·CO I o .:r; o J..mylis~ / -.;¥ C: 1'1 ,\. t. \ ,~ t e c· .) /iv • ; t.. ,.'. \ '~ ' .,; \, I !\ , l ) \ . _\ "· \1 ' / \. ._,"."'j '., / \ \, 1I �L You r-Ji 11 re 02.ll rmr c omrer:-:: o. ti o:n re ~t:,Y'd i ng fire ., (,J•r ·,. �Ou.c l" i r e ,J x tin -~1.b:ihor::: h ·w th :'..t 3. b ~o.1 .:. 1,s::-e c te d ·mtl hun~ i n such a mann er s i mil ar a,nc i d ent :1hi ·m '.'.'r:-. . ~y,enr: ,, r oc civod ,;ill no t h appe n asain. I _J �superior - i,re.y 1,1936. I.Ir. I. 1q. Bayless: In reply to your 1 ett em of April 17 and 19th,1936 rel a tive to fire extinguishers. same have been examined and found O.K. ,r �•• 1 · • r :J::·. yl c s:.. : �Rock Springs - May 1st, 1936. Mr. I. N. Bayless: Your letter of April 29th, referring to letter of April 17th, relative to securing fire extinguishers to prevent them from being lifted oft the hook too easily. Have corrected tlu.a tr01.tble around the mines and mine buildings, but have not done 8)'.ly'thing in this connection a't l.ieneral Oi'f'ice or old Timars b11ilding. ~ ,- .. �'i!i nt on - April 30, 1936. Re : Fi re Ex.tongui sr~rs : All fire ext c 1_,, uishers have been i nspe cted and chang es have b een mde in t heir supports n here i t was tho'.lght a r epeti t i on of the _ eliance accide."'l.t mi ght happen . ~ �\ ' V 1 ,( \) O - ': I) • . 0 \) 1 i..' ..., 'fJ' ,..- IJ • •• ,- ; ) I 0 .I O ~ ; •~, ;;, ., l �l o ck Spl'ings - April 28, 1936 Uri!(lno.J Slvn.ed: GEO RGE B. PRYDt • ~iJ1., ~ • f.\PR Z9 ·; J~6 �Rock Springs - April 28, 1936 ,,.....___ Mr. I. N. Bayless: I am returning her evli th the file on the injury to Vii lliam Sp ence. ·•,ii th the return of the file, will you please advise me what action has been taken with the survey of the fire extinguishers, etc., so l icAuli ff e. answer Mr. �Rock Springs - April 28, 1936 �ATTENTION MR. PRY.DE A~,ri 1 27 11 19 36 Mro 'l'/illi am S pence Dines 11 \'I,yoming Dea r S ir: Herewith Audit orvs Vou che r Na o 121552 11 in the a.mount of ()7 5 000 made p~y c..ble to y ou. in s e ttle:,!e nt for ti me l o nt b e caus e of injury r ecei vecl in the Community lfa.11 a t Hc l iance 11 'i yorning 9 March Yourn truly,, I· Attach. �Rock Springs °' April 23i, 1936., �Fonn 906 VOUCHER NO.- - - - - -- -- - I~_UNION PACIFIC COAL COMPANY ' DRAFT NO,- - - - - -- , - - - - - RELEASE O·F A LL CLAIMS - SEVENTY-FIVE e,nd _,,__.,. __________ ,.. _____ "." R eceived of Th e Union P ~cific Coal Company __ --·-- - - - - - - - - '7o-;;-OtT ___ - •- • - -= ----liI0/100 _____ __,..,_,..,,._ .,. _ ___ - --~- - - - - - - - -- - - - - - - - - - -- -~ ollars ($_ ______ ) in full settlement and complete satisfaction of all claims and causes of action against it growing out of any matter whatsoever, and particularly in full settlement and complete satisfac tion of all claims or causes of action, that exist or may hereafter accrue, against it or any other company, partnership or person, for damages for any and all personal injuries or loss or damage to property, sustained or growing out of a certain accident, or for complications arising from such injuries, or treatment for such injuries. Said accident occurred on the Narch 0 1936 ~a~ - • • - t4q,-e-f.Qu,r_t.aenth day of______ _______ _ _ _ _ _ _ _ I 9 1_ ,. at f r ~ ac _d a f' ire . __ _ ,riyonri ng Claimant. dis oa.g e - -~ _ r •; , , i t"lr h a llo Re li anc ~ o ·., . :;: 0 h a---ll-- at • t ---bhe--c .o_.lffi,.n . __.,____ ____ -------h"' --·inG>.: -1: n --die - c-orrunu ni Y--~--Relianceo f--- - :-;i;--· --e x tin r>uishei· uh ich VJa s . ~ns i 'l'l ju.r ies to hi s ri ghG oOuo 0 >:)• •· . :; ~,t-.:- --~---n::,·~ -l~ce.me -i'.allin 11 c_p._1..}._~ ~.!12.- ---· - - •- • d - .,,nd --11 •:).s ·cwo--d e n e ndeu t _.- \1y om.1- ""t~• vm, -"~ .:1~-1 "',,_led one rnont;1.r.i 1 13 ni..arr1 e = - •- . "" Clairm.n n u. _ s.::... iJ - • • ··- • ~ --cht~ ~};!d~~a~ion-;ereof, relea~e T he -;::;~i~n- Pacific Coal Company from all claims or causes of acti~n -g-ro-,-~•-in_g_o-ut- of_ a_ny matter whatsoever, and 1 particularly release said company and all other companies, partnerships and persons from all claims or causes of action, that exist or may hereafter accrue, for damages for any and all personal injuries or loss or damage to property, sustained in or growing out of the said accident, or for complications arising from such injurie. , or treatment for such injuries. , T he above amount is the full consideration for this settlemen t, and no promise or contract of future employment has been made. I HAV E R EAD T HE li'OREG OI N G RECEIPT ANO R f.::LIEASE A N D i"ULLY U ND IE:RSTAN D TH E S A M E. Dated ~- Witne~::'. ____ _ --- -- - ?'-,; T r. -Tiii -; t" LC!.. i pt rnu..; t h e 11J l l d anll s ii!n c d by th e pa yee. or hy • t ~l ~ au th ority for d oilli.! ~r, 111::s l b 2 :n u.cl t~1l here to. or f.i lt.:d with t hi ~ c 111 S tam tH~ d sh:n at Ur L' o r i i.;u:itu r ~ in 1-!Cnc il will no t b~ a c ce p te d . -...:;~ 7 J'7'1 ' �Rock Sprin g s - April 20, 1936 Mr. I. N . Bayless: Here\·.1 ith letter from ',f r . TJ"cAuliffe: I hlr. Sp ence. thin k you vlill have no difficulty settling with I di s cu ss ed this with lir. Br yson Sa turda y , a nd he advises t ha t Spence wa s o f f abo u t o ne month. The Colony Coal Company :paid h im t wo \7 e e lcs v;h i le he v1a s o f f , s o tha t , as I under s tand it, there \'Jill b e only a bo u t t -,o wee ks to p ay for. You can develo p thi s by t a ll' ing y;i t h :..'::r . Spe nce, s ettling along the lin e s sugg es ted by 1."r. llc Au liffe. I wish, also, you woul d have bir. Li:urray check up on a.11 our fire ex tin guisher s aroun d. t h e Com1-1any S tores, General Office buil din g , etc., and s ee i f they might be raised a little hi gh er. Of cour s e, I r ea lize v:e c annot r a i s e them too high , so G..s to be out of reach v1h en requir·ed, but we might be able to rearra n ge them. '.':ill you please advise me when the final settlement has been made with ilil.' . investigation. • ce, and the r/ults of lli· . Murray's �no ck Spi'ings - April 20, 1g36 :lli.·. I. H. ·Bayl errn : I th.in k you r ill hav e no clifficult.y se·ctling ~·:i th 'l'he Colony Coal Com_ rn:1y :pr,.id him t'\.'iO :GGks rrl i l e ho r!e,[3 0 ff p GO tha ts inv_e otication. ,,.- Orlgln~J 8!irne4: GEORG£ e. PRYDl I I/ A. M. 0. if)(TRA COPY ON FILE--.2-,,;,::·~ : ~ t 1 I\PR 21 1936 2.::1 I �~ Omaha, Ap ril 17, 1936. '- I Mr. G. B. Pr yde: Re f e r ri n g to t h e a c c i d ent to Willi am Sp ence, at Reliance, ...._.., ...... whe r e h e bump e d a g a in s t a f i r e ext i n gui she r, whi ch d ro pp ed on his f oot: t:r. Loomi o s bo \'/e d me th e f il e s ent in by Mr . Ta li af err o vJbile in Ch ey enn e yeste rday . We a re bo th a g r ee d t h a t he wa s an out s icle:r , bu t h e mu s t h a ve b e en t h ere a s an invi t ee and i n th at c a~ acity we a re resp on si b le f o r h i s safety . We c a n not l e a n on t h e co ~rrnunity counci l , a, volun t a r y o r g a ni z ation, g a t h er e d a t ou r re quest, and I thi nk v1ha t vrn sho u l d do i s s e e thi s man , tell h im to g et ba c k to wor k as s o on a s h e c a n , mak e no comm ent reg ardin g h i s s i tua tion, a nd i,-1h e n h e ha s return e d to v10 r k , the Coal Comp any shoul o. vo u cher hi m an an oun t e qu al to wh at he would have been p ai d. f o r a s imil a r a ccid.ent under the comp en s ation law. Coup led to thi s s itua tion, I think vrn s houl d. ask Mr. Murray to go over the co rnmuni ty hou s es, in specting the e quipment Vihich mi &]'.l t be knoc k ed do 7n, not only f ire extinguishers, but clocks, pictures, etc., a ll of wt.Lich should be safely fastened. Heedless to say, the fire extinguisher must be positioned- so that it can be talcen do vm quickly, and I am \Yond ering if a small metal bracket placed underneath the base would not serve to prevent its bein g lifted accidentally f rom the hook from which it ( sgd) l:!.ugene l'foAuliff e. A. IVL 0 . APR 21 !936 COPY �Omaha, Apri 1 r". Mr • G. B. Pryde : }I -E~N/1r!ERJ ;; --_:::· f Referring t ·o the accident to William Spence, at Reliance;where he bumped against a fire extinguisher, which dropped on his foot: Mro Loomis showed me the file sent in by Mro Taliaferro while in Cheyenne yesterdayo We are both agreed that he was an - outsider, but he must have been there as an invitee and 1n that capacity we are responsible for his safetyo We can not lean on the community council, a voluntary organizationp gathered at · our request, and I think what we should do is see this man, tell him to get back to work as soon as he can, make no comment regarding his situation, and when he has returned to work 9 the Coal company should voucher him an amount equal to what he would have been paid for a similar accident under the compensation law. C ou.pled to this situation, I think we should ask Mr. Murray to go over the community houses, inspecting the equipment ·w hich might be knocked down, not only fire extinguishers, but clocks, pictures, etc., all of which should be safely fastened. Needless to s~y, the fire extinguisher must be positioned so that it can be taken down quickly, and I am wondering if a small metal bracket placed underneath the base would not serve to prevent its being 11:f'ted accidentally from the hook from which it hangs. �S1AHOAAD IMt-10.000 FORM 2.t03 SUBJECT: THE UNION PACIFIC COAL COMPANY OFFICE OF Rock Sp rin g s, Wyoming, Ap ril 1 8 , 1 93 6 Attorney IN REPLY PLEASE REFER TO NO. Mr. I. N. Bayl e ss, Assistant Gene1°al :'J.an ag er, Th e Union Paci f ic Co al company , no ck Sp ring s, \y oDi ng . De a r Sir: The en closed Rele a s e fo rm is a ll ri ght t o De u s ed in this case. I thi nk when you h av e typewritten t h e con si ci·er a t i on and filled in the blank sp a c e s d esign a tin g t he a cci d en t and 6efi ni tely stating the injury, and al l comp l i c a tio ns in t h e f utur e tha t may arise fro m said injury, tha t you sho ul d. hana it t o Sp ence and tell .:;p e n ce to go an d si 6n it b ef o r e t wo wi tne sse s who are not Unio n Pacific employees or o ffi ci als. I t h.ini~ it oui-:, h t to D e si gnea out o f you r presence, and v:i t n essed by so ~e of Spence's f riends or acquaintances living in Dines, anci not emp lo y e e s o r the Unio n Paci f ic Goal compa!.1y. In other worci s, h e ought to si gn this Rele a se so that he ca.ri s ay here a fter t ha t he did it at your re qu·e st and under your suggestion, tha t it ciid not amount to anythin g. It f requently happ ens that persons who sign Releases get from unc.er the.in by saying to a Jury that they executed them under the dictation of a ~laim Ag ent of a cor9oration, wh0i made conten poraneous state;a ents Vihich were not e;r_:bodied in the released contract. Yours truly, J,, �April ·17 9 19360 tir.., J :illiam B;)ence Dine s ll 1Jyoming Dear Dirg Uould be glad to have you come into my office ~nd talk to me r egr, rding -'G h e ::i,ccident which occu::c·r0d at t he Reliance ~l\lz"'l.usen ent Hall l'farch 14., I 1nll be in ey office rno1..➔·~ any af-'i;ernoon around 4 o'clocko (" ' .J .\ - �,,--.. April 17i> 1936 Mro To GoT~li afcrr a Jr o:, Attorney,, Rock G~ rings a \"/y m.1.i_ng o Cla:l.rns 11 Attn,ohing F o1"m 006, "Rel eo. oc o:f All f or use in t hG c ase of ·.71 lli al!1 S _ ence o If thi s f o:r-m me et s ':7ith your a]'.)!)r ov a l 9 v1ill you p l cu.se no indicate 11 if n ot. ple2.. :.., e send me c opy of t h o rel ease ,-.rhich you thi nlr u o sh ould hc:..ve :.ir., Spence sign in connection with in.jury ..:"'e cei \red i n t he Re lie.ne e c or,m1uni ty hallo • •• , ,. . . ~ • J .... �STANDAllll 1o,.a.10.ooo FORM 2103 UBJECT: THE UNION PACIFIC COAL COMPANY Rock Springs, Wyoming. IN REPLY PLEASE REFER TO OFFICE OF April 17th, 1936 NO, Attorney: Mr. I. N. Bayles s City Dear Sir: RE : ~111i am Spen ce injur y . A letter from Gener al Att orney Loomis in t he above matter is as follo ~ s: 'Cheyenne, \1,yoming , ftpril 18,, 1936. Mr. T. S. Tal i aferro , J r . , • Pock Spring s,, 1~'yoming 1 Dee. r 1\rr. Talia fer r o: Replying to your lett er of Ap ril 14th !Ti th ref e rence to the i njury to •:il liarn Spence, I agree vii th your conclusion that this case should be s ettled on the basis of compens~ti on awa rds as n ear as possible. Mr. McAuliffe he.pp en ea to be in the office v;hen I vrp, s considering this matter and he hear tily zg rees v'i th this vie,_,, . Yours truly, John U. Loomis, P.8. I return your file herewith. ' 1 The consideration for the release will be based upon compensation award rates, but a release must be exec~ted by V'illie.m Spence, releasing the company, and all of its allied corporations from any and all causes of action, or claims for damage. I return your file. Yours truly, ' ·!.;:,.> TST: gt=1 ,,.. ~-·• 'I_J... - ,0 'r. ':. .. '- 'f , , _ ; _• . . . - ""•.._ I �~~-Y'-0 l.. 1; t ~'1 \~ r.> 'f ' .' .J. ..l: Q. D- ... .... l b-· ,. ~--' '9 'l nc:: (>=> .i., , ) t......... ..... . f ,..._.,, __ CC - Mr. v. o. Murray ' 6°1 �Rock Springs - April 16, 1936 Mr . I. N. BaYless: REPORT OF INJURY TO \'/ILLIAU SPENCE OF DINES , WYOMING MARCH 14, 1936 William Spence was attending a Scout dance given by the Reliance Connnunity Council in the Reliance Community Hall. He uas standing in the crowded vestibule, and, in a spirit of friendliness , reached out to slap a friend on the buck who \'Jas passlng through the door and then stepped back and his shoulder caught the bottom of the fire extinguisher and dislodged it from the hook. The extinguisher, ~eighing about 45 pounds, fall and ca ught him on t~e foot, breaking his foot. The extinguisher \'las hanging in the southeast corner of the vestibule and the top of it ~as&} feet from the floor. It was installed on a regulation hook ~1hich wa s in good condition and, i n addition, had spikes on each side of it to keep it from suaying, so that it uas necessary to raise the extinguisher before i t could be dislodged. The accompanying sketch will shocr the approximate p os i t ion of the extinguisher and a diagrw:i of the room. I am als o including the hook which held the extinguisher, for your observat ion. The above informati on regarding the acci dent was supplied by Superintendent l!. W. Medill of Reliance. �"- / I / 1 1/ U I - ,I �13-ttorn0y Mr . Joh~ U. Loomis GenerG l Atto rn ~y Uni on P2cific Sy st <Sm Cheye:rme, Fy omi n.; v'illi P 1 Spene ~ 1::1 co.?l mi n e r 2mployea b :r the Col on y C'o :;il Cot:1:, ~ny., v,:-~ s l nj"Jr ec.. rtcenoii.1 ,~ Pi d c1n c - i n t h e F 8li :c- n c e C'o1.:irnunity B.r-11, o,;-:ned by ?h~ 1~1io_1 _ ~c:1 f:te Co !' l ~o:1;1Pny~ r-nc~ tl'H-; <:'ne stion i s es ~o the li Pbility of The Uni on Pe ci ~ic Co. l compr ny. The C01r_. unlt y Hrll ls r,. ~ 1 .. cc of t'. ".mu er-rnnr, 7 O',":t1e,.;i by Th e Union Paci f'ic Co;cil Cor.'lp ?LY, 0nrl msintd.ned 1:md op -r r t ed for t h (~ . -:.·:..1 0 r: ".\nt of -h o rmio:n ' nci fi r:n ! ::!.oye~•s, ~ t. ;:: co .::: l cc.1·1 _ J 1,·11:t ch :-- 1 is n co ~l co~)~ny ~i ll ~Ge . f co L ~0, 8•...r."!YJ.C t: p -::- 'h(:n rt":; nc:i1ing t he ·; ::i nce, ,;-,c:- s 11 !"ln inviter~'·. if not; '' [ l tc 2nsee 11 , 2 11 " . oi·' eo · r f::G fi~ ·~ e:xtin£;·,.l i shers ou~~ . . t to~hriv-3 been so o...,1:Jr8 d r: s not to tumbl e dov.·n c~nii bree.k the bon?.s in o-:1c 1 ~ f oot, r•s t.1 8 :i.ncJ.os"' •: corr c s _ ondence indlcrtes h t1;. p -:'In At'J :1. n -1:;hi s c ~ Fe . ' r1y ti10· r;ht i s thr .• tt e co2l co~::,~ny should g et rcl e~ s0 soon e s po:-:si b1~, ~t!rl. t~1 . ~t. ti'l e consi {le:r;:-~,;:i. on of th :r £il0c Ae cho,1l A "",e b · sec1 tP• Ol'.l con!)eDsc1tion t" ·:;-::d.s rs ner-:r po srd bl':\, ;;:o;i Ae:0 9 of <'~u:-.~~0~ th ~t th ,- i~jur:}r Is te!l'r:, ox· !'i'.';t, :~nr'l E',! ~i:i C' G t s d i !':~r:-ility '."4. ll be but for r sho rt ti:ne . In oth Gr Porc1 s,. the f tc ti:;, ns st~t<~~ ln th0 corr es,onrie! c·:::, r,s I vi e1.. ··t11em, :I.n Uct,t e t h.rt Spenc e h tis F c 2.u se of rcti on th;:- t h0 ·r,~•·s . c2nr,ged ~ri thout h1.s ,7 S I'.'~{ O;'n 't1"'1C! 1 i~e- CG. • Yours truly.P TST:rrr ~C-I. r .B~yl ~ss . �A_r il 13 ~ 19360 Nr o T o S o Talinferro 9 Jr o~ Attorney~ Rock S n rings , Vyomin8 o reg arding an accident \'Jh ich h a pp ened a t t h e Re liance c onTI11uni ty hall at a danc e o for The Union Pa cific llr o S cnc0 does n t i:·mrk c, al ConIJmlY o Afte:e y01.1 h a v~ t.::, Ofle th:rough thi s £'i le 9 I uould be 6 l ~d. t , hc.ve you.1° ad·,.:-ice o.8 to further hn11 dli ng o 0-ri~t:j} ClifJOtdl t N, (ltl YLESS �Rock Springs 0 April 13D 19360 1.". e ·\7 i 11 ass ume no obli ~a ti on 11i th regard to t · e i n j u ry to Mro Uilliaru. .Sp ence of Dines 0 \'!yomingo ~ ~,~ .:"1::-t.l1 1 ~:;:~·, " ,_. ' . . ~) ",,,• :_ - ~ ' �• - ------ ~~r'Yl_oJA. r Q.. J ~ ~ to ~ ."r"~ ~ r . v { , ~ i tlu ~ ~ tY~ ~ -~~ -~ ~,0...- to YVV.., ~ St) ~ JL+oJU( '--vvl ~ ~ '-a - /u J 'Pl, J --ko..A.. o \ . . ~ ~ ~~ ~~ ~ ~) ~ Gvv\.-cl '\.A,-o.JLQ~J__ c--vvt ~ :t .~ Tu ~ _,vv\J"'t.c ~ ~ (U ~~~tkoif~,~~ },-J.~ ~~~ ~ -P/V~ ➔ ~ ~~ ~ ~~- ~ - ~~ I ~ tn-v . ~~ --t~ : l'~ ~i ~ ~~ o-Ll- - ~ ) ~ ~,~~~ ~ ~ 1 - ~ o., J ~ Co.A-'Y\.JL ,IVV\... ~~ ~ - 5 ~ ~- } ~ ~ -tlu. ~ ~ ~ ·· ~ c-vu~p- I �- -- - -- - ... - - - -- -- - -- - - - .S-t ~ -k ~ ~ ~ ~JLc~ ~ ~ ~ ~ ~r ~ ~~RJ~ ~ ~ _w--o-v-JLot WJU.. to ~ ~ -~ J)~ ~ ~ ~ ~ ~~ ~A/(v~ ~ ~ ~~ 7 ~ ~- ~ · J-9vo..A.J-<.. ~ ~ ~ v - ~ ~oYU_~ ~~Al~ ~ ~ ~ o/-v-_ r ~ k t" n.-0L ~ ~ o-A ~~- t:-k:,,..,,i_Y,~ Q...A.l~ -~ . u J, ~ ~ l'"VvVr.~'-vVV ~ h ~~ ~ ~~L­ tV~ , .J ~ ~r ~ ~ ~ ?1~~ . ~~~ J: • • ~ ...z ~ 1 ~~ ~ .- ·- tt~ J"~ : j ' ~ .o :i~ ))ju~ �"(Y\A:, y'\I\ ~~ . l ~ /)Jo I �~ Bayl ess :· Your l et ter L-ar ch :21st. I ,;vent 0ve r t o Din e s Jun day rar ch 29th to see ·.7!!!. S9ence about the injury h e rc~ci 1re d in the Hall a t Re li an ce ·.-,hil e at t end ing a dance. He st a.tecl he was st~d in g in t he sn all h ·1.ll,-:ay j us t inside the door about 10 F . ::.• , t a lki n .:, :ri.t h the res t of t he man thc,t were there , an l in turning a round he bu.rn].1ed the f ir e extin ~i.sher which fell stri1cing him on the right foot cg_usin :; th e injur y . J2..s. 3 el onka and s 0~1e ot her men th at 'Ner e there helped hir'.! into the D,1 ctor' sr oL i ce , t.h e Doctor d r ess e d it md his son took him home, the Dine s ::)o~tor th en to ol{ on X-ray p ic t ure -,. ,.hi ch showed the bones in the foot just b3.c.t of t he t oes ·.vere b oken. It l o0ks 'lS i f he ·.;.rould he lai d up for six or e i -:Iht -.veelcs , h e is a. m:ir r i eri r:in.."1 \Yi t b ·,v i fe and th r ee chi l dr en, :md is 46 years of age . ' ✓ti . A. M. 0 . APR 8 1936 �Rock Springs O llarch 21_0 1936-v E ro ll o Vo lledill; I'.'.Iro Pryde· has asked that you see 11:ro William SpeL'l.Ce and secu re a detailed state:r.il.ent from him regarding the. aacident. ·d:dch happened in the· dance h a ll at 'Reliance Satur 'ay evenir1g !> :r.~.1:.":'ch 140 sent t c E i::o This statement should be �< 0 Rock Springe - March 20, 1936 Mr. I • N • Bayless : I am returning herewith Mr. Medill's letter of March 17th. I think we should have a longer hook on the fire extinguisher, so that anyone 1 eaning up against it would not displace it. It would seem to me that is the answer to that situation. Mr. Taliaferro has asked that, whenever anyone is injured on our property, we get a statement from him, and I would suggest that Mr. Medill get a signed statement from Mr. Spence about how the accident oc~trned. A. M.0. APR 8 1936 �;:·r . I. li . :3:gless: Le.st ' u.turd::i.y e ven.in~ :.:ru- ch 14th \,e wer e h avi nz a drurne i n t ; e ha ll, an d '7illia M iJ2_e_nc3 fro.1 :'.:lines was st m:1din~ in the f r ont door way of th e hall nex t to ·,vher e the fire extin.:,rui s her w-as han ;:si ng on the wall, te got hisshoulder u.~d e r the botto ~ of t he extingui she~ , and r aised up his shoulder a:.tJ.d t he extinguisher c · !':'le do·.m off t he hook an d fe ll on bi s f oot, wh i ch I no·.v understa nd caused a fracture of a bone i n hi s foot . I 0xo.:::Jined tho hook t hat t hi s extingu i sh er hangs on and it is in good sh ::ii~ en d th e kind tha t cor.: -3 w it h the extin <.;u i. s h')r s t o ha.rig on, a._nd if J;:r. :3"[)ence h1d not of raised this exting·!;i sh e_ up °'' i t h his shoulder it would n 0t have co r:.e do·:.-n. 'i:'hi.s for your infn::-1:13.ti on. A. M. 0 . APR 8 1936 �Rock Springs - Februa r y 6, 1939 Mr . I. N. Bayless I am returning herewith files on the cas es of Nick Thoma s 9 Lav,r ence Bysell 7 a nd Del Homa n. I t hink the, thin g to do is to c lose up ,;Jith ~-· ... Nick Thoma s as t here d oes not se em to be any possibility of his recovering. fJith re g· rd to H ,sell a nd Homan 9 I t hink ·we s hould go along 'l'l ith the doctors s suggested 9 · s they seem to be showing some improvement. C!F.OUC!E D' I,l!.T.DE .krr.E fl½IOM hVCIE.IC COYT COJihYitlX r.on".lt no �oc ir.uoq i'.iX'o lo no B:,1yl 0 ~illO't"/f , 8v:.1Jl1<[ 8 ;100H --- I run Nturm.n5 hol"o,1Hh fil eo 011 the canes of\ Nick Thomaspha.1,1:rence Hysoll, ond Del Hc@aa0 I think the thing to do is to clooe up uith Nick '1 ho@ao wJ -~ho:ro dooo not s ocm t o be aif!Y p o0sibi1ity of his l"0COV0Tii'lgo riith recciro ~GO Hysel l and H0!1lru'lg I think ,;G should go along \'lith tho doct or'~ ao oug;e;ostod , as t hoy 000m t o bo k1!houi nlj oow impx-ovo1110Zlto �/ tf '-/ Rock Springs - Februa ry ' 6, 1939 Mr. I. N. Bay l e s s I am returning herewit h fil es on the c s es of Nick Thomas, Lawrence Hysell, e nd Del Homan. I t ink the t hing to do i s t o close up with Nick Thoma s as t her e d oes not se em to be any pos si bilit y of his recovering. '.'li th re gard to H ,sell a nd Homa n, I t hink we :c hould go along ,,.,i th the doctors a s suggested, e s t hey s e em to be showing some improvement ~ CEOHCE B " !',H J.DE .I.HE !lMIO.lll .bVCmIC covr COWLV:!I.Ji. 1, on::;1 on �! jJ 0 I t nculd oeom o to comply st.&>2.e·'·ly c,.,,·n ·•l··· ~: •• ,.. "'- .• , t·"om .t ,...,. ~..:.. " ' ,~1Jl., . c;~ 1_...-,=_J · ~,t.,U ~ ~1.;,,.,_:: =~,.. ~1~= ,c S,l 1'"""" '-' !:,[!_• ., ~e o ,,,, ,., ,:.~l;., 0 X_ _ ,...,7.\ • <l!UU w I J w::. ti?. the l _m, , YH~ Orig-lo /\ I S l,!,'n0c: GEOA Gr B. PRYD~ ·1'·_~•i. .·1--1;~'.,.' i:!> ';:•f_._. ';,,. _• - v A "1 Va r.,_·~•i:•-- """"ii>- �Rock Springs - Sept. 30, 1935 Mr. Geo. B. Pryde: I am passing you my complete file on the case of La.Fayette Martin. Please note, espeeially 9 Mro Taliaferro's letter of September 27th. Will be glad to have your comments or advice. �Rock Springs - July 26, "1937 :th.- . ! . ll . Bo,Yl cc;s: 1': . -z->ed Co.r:i::a mad e by .,__,J:' . \n1alen an c.l Dr . Hellewell p the ,. ~ _. examin a tion sho\·1;ins up ve-..2y well . L: • Con·a 1 s sta t ement of the S'\i7elling o:f hi s 2nlde o.nd the ,di:fi'i culty n i th h i s eye-sight cvi entl;y i s not bo:rne ou~~ by the c::{:aminati on . I thinlt , RS VJe talked ove:r, I i7ould put this matter up ·co t he Com.·t nou. Hen evc:r, i f , as I:'Ir . Cax·:co. states; he i s ne rvous , his eyes blu.. "'nd. jump arou.11d i and he cannot drive a cal" alone but mur;t h~~ve :::;c.meonc 1:Jith 1: i m a t all ·times, it 1:10uld seem he ;;10uld be u danGe1:ous mt:11 to huVG in or a r ound the mines. Orl~in?.1 Signed: GEuflGE B. FRYO; AM. 0 . JUL 27 1937 �(~ - Ro ck Spri n~s - May 18, 1937 - Mr . I. :n. Bayless: I om retumin~ hex-eni th you:r file on the- Fred Co ITa c ase . There is no thing el ~e nov, to do except as suggested -by you and t:1~. 'faliaf erro, th~- t is v let it ~o to the County Attorney and, if he desires, l et it go to th(} Court. nothin g else TJe ca.i'l I I I \.._/ (J.O '.i.nere _is apparently t o satisfy ·chis man . Or!.~-i'1 ,,1 fli !!tit-~: GEDRG C G. PRYDl �- -" d Rock Spring s, May la, Mr. Georg e B. ~ ryde: I am again p a ssing you 111y complete file in t h e matter of Fre d Corra, who is n ot s a tisf i ed wit h r e p orts made by the doctors. I advised k r. Corra t o co nsult wi ~ . t h e County Attorney to g et informatio n a s t o what h e is entitled t o under the lawo You will note 11. ro Ta liaferro' s letter in t he r1atter and his recommendation. I ,I I· ; IL /. ✓.,, ·, . I �[){"f~A COPY FOR Fl LE. -------- Rock S~rings - May 8, 1937 Mr. Io No Bayless: I am returning your files in the cases of William Ahlstrom and Fred Corrao I l)resu.me there is nothing that can be done until Ahlstrom has had suitable care in the hos:pi tal 9 determining the further extent of his disability o With 1•egard to Corral> I agree with the , plan you have suggested that he should be :put before Dr. Le.uzer end D!o Chambers, they me.king a complete examination and report of this case. I understand this is a very difficult case to handle on account of the attitude of both llro ·corra end his wife. We should pay what is absolutely just and right in this case, as we do in all cases, but I do not. believe we should agree to any undue payment beyond the extent of the injuryo I am glad to know you discussed with Dr. Chambers the matter of the Advisory Bos.rd. I also discussed this matter with Mr. litcAuliffe as you suggested, and he thou@l.t your suggestion that we bring the dooto~s in with Arthur Lee Talieferro was a good one. We will go along for the present and, if a further unsatisfactory situation should develop, I feel we should call the doctors in. - -- --- - -- . - ~ -- - - - - - - -- - �p y Rock ~pri11gs, 1\10.y 6, 1937. Mr~ George Ba Pryde: I am attaching herewith my complete file in the matter of injury to Fred Corra 9 who was injured August 21., 1936, in nB n Mine, Su:pe ri or o You will note that this man has appeared before the Medical Advisory Board on two occasions, without any definite resultso ! "have discussed this case 1Jli.th ·Dro Chambers and with Dr. Lauzer. I now plan to have Dro Chambers and Dro Lauzer make a complete examination and report, together with recommendations, on this caseo I am inclined to believe that these doc.~ ors will recommend that Corra be sent to some other doctor for an opinion. I also discussed with these doctors the matter of the Medical Advisory Board's not fu.ncti~ning properly and Dro Chambers told me that he will go before the doctors at their next meeting and re quest that they make decisions on the oases which are put before the Board, trying to handle them in an orderly way. He admits that the way the Board h.e.s been handling oases has not been satisfacto:cy, but he still thinks that it can be rre.de to work out. Also attaching my file on the injury to William Ahlstrom, injured July 30, 1936, in "E" Mine Superior. I discussed this �oase with Dr. :McDermott an d h e advises that he has :put Ahlstrom back in . the hos:pital and is :planning to operate on his leg as some of the doctors seem to think there is a malignant growth caused from the injuryo to 1)'Ut It wi 11 :probably be some time before we will be a~~' '' this man before the Board againo Original Signed: - - - - -- ----- -- - - Io N. Bayless �23, 1938 aaa.lYAU .v. .I , HO ie , ..tv.:io TY.l,T 8Hnu •. I erll xeturaing he r e,:,i th f ile :regarding Clarence Kough. \"l e have never paid fol' teeth that I w.2 auare of, bec£1.use our law, as I1r. Tnli af er:&.~o s ays, does no 't provide for the furnishing of teeth. This has been more or less of a controversial !Jo int fo:r fifteen or t'r1enty years. I do not believe that 'i:he Union Pacific Coal Company should accept -eny obligation for this bill. Orl gl!:ial Sig osd: GEOHGE G. PRYDE �.: ock Springs ~- riey 4 , 1936 1: I I .,. do n o t. law·:: of any cr~s e nhe:re t; .eth h a'ii"e b een pai d for ~ 2.l - pay :fo r te Gt ~1 , r:11ct t e:...l hin t Ee.t i s t h e 01:,inion of our Leg al Or!Killrd I, ll!nell : GEORGE 8, PfWul / \ J\ �I 2:- { ----1 Rock Springs - April 30, 1937 Mr. I, N. Bayless: I run returning he r ev:i th. file con ~aining the letter from Dr. Fuhrei· regarding Leslie Korogi . ..,.~ - - · " · .. I talce except.ion to the last p a 1·agraph of Dr. Fuhrer' s letter, uhere he ~ h a t his father s i gn~ a v1aive~ of comp en sa tion . ,:,re could not agree to do t..l-iat, bec ause we mig.'ri.t be charg e~ u i th coneyiracy to evad e the Compensation Law. 11ay I suggest that you talk to Dr. Arbogast regarding this situation, g ettin g the benefit of h i s advice, ·but, frankly, I feel, if vrn employ this boy, hernia ca s e. I I are hirin __, a potential think the ·, o:r .rm.o ul d be operated upon before entei•ing our employ. / ,;1~ �Ho c.k Sprlngs - .July 16 ~ 1937 I am l' EJ'Gi,1.rn:i.n t; h e :re,;Ji t h fl le on "Ghe·. ilfa.rtin ni a:ti ck case.• .... ~ - · --..,.;, -~ :_ ...,;:_,-:- <,, · - •• ;__-.; ·~~- ..!. •;........ ~ ::-.~ - ,_ . ,-'~- Inas;;mch n., 1.t i s Lt1:. Ta li a fe.r:ro's o.p i n ion t hat we should Orig\n11,l Slirnt!d: GEORGE B. PRYDE ,.I j t / • ( I �,... . \ 't ,) 1.- 11 _' �Rook Springs ,- July 6, 1937 ITr • I . N . Bayless: o:: I1artin <:; t.:1Uck. ....:.~p ro1dmate QIDO U E t ·I rrould ~pp:i;.•eciate your giving me the it r10uld be 1:1ece3ac.:ry to pay Mr. Staliok. I feel thls io r.!ot a · compensable accident, but :tt should, as ' 1.·;: 1th th0 :-c etu:rn of th e f:i. 100 r1ill 3rov.. p lease advit:Je . �(£.CCP.\!£ LJ JU[V2 G 1937 -~ERALMMMem Rocle Springs, June 2 6, 1937 Lr. Georg e B . Pryde: Attachin ..:, my c omp l e te fil e on inJ r.21.r y to !fartin S talick. lir. S t a lick sli pped n d f e l l Dec embe r 16 , 1936 9 after de pos iting h i s lamp at t h e lamp hou s e a,t R e l ianc e o A. L . Tal i aferro s e ems to t h ink tha t we v,ill be :"'orced t o pay c ompen :c,ation in t h i s c as e an d Joe Gal i ci ch has also di s cuss e d t h e mat t e r r,.r i t h me - :;.:r . S te.lick being an 1 ncle to Ge..licich by marriag e. I spoke to Mr . llcJ u li f fe ab ou t this mat t er , '!lhi le yo u we re in Ca :, i f ornia , and it is h is op inion th ~ t we should clea r t h e c ase by company v oucher. ~ ill you ? l eas e advi s e you r opin i ono -- �SfAHDAAD FORM 2103 ID<Zt-lt,000 SUBJECT: THE UNION PACIFIC COAL COMPANY ' 5 19 .,...Jt..Jr· .- 2 ; 'l. Rock springs, Wyoming. OFFICE OF October 24th, 1935 Attorney IN REPLY PLEASE REFER TO G:.,. ;. : ,{AL f." r... · _ - ~ NO. Mro George Bo Pryde City Dear Sir: Herewith find statement of money paid out by me in the taking of the Deposition of Doctor Eo M. Neher in the case of Eugene Griglione, em- ployee of The union Pacific Coal Company, at Superior, ~yoming. I wish you would kindly have a voucher sent to me for same. Yours truly, TST:ga , ..zc>. -... ........ �Rock Springs - October 25, 1~35 :Tr. Prank T~llmire: I am a't taching here1.-~i th bi 11 of Mr. Taliaferro' s und•O!' dat e of Oc.tob~x· ~ rd , in the sum. of $8.15, which should s e:1u ·-Youche:r t (.l 1:1:r. Talia.ferro, direct. �t ----i - r -- • ! Rock Springs - September 4, 1935 il ( 0 , •• ll r. N. Bayless: I e turning h,rewith re_ort of the lledice.l Advisory Bo,~ x: d an. 3~forb ert . :·Ienghini. , • :=:-, i',.... ' • • • The p l an as o 1tlined to me of sending Ll eri.ghini to h a:1dle, ~1~ p a ying ~H50 . 00 , is see t he rep o:r t 01 Sc ti sfacto1·y. I ·wo ul d like. to th e ,:.ayo Cl inic whe n same .ha s b een comyle t ed. Ori,., in::. I S l !!O<'Jd: . GEORG f E, P.R YfH �Rock Springs - ..t\.ugust 26, 193f> .. ! Mr . I. N. Bayless: / I am r e tu rn in g herer;:ith your file on Mr. liforbert }.1 en gh ini. \"fh i ~e I have the feel in g that Menghini is more · o:r l e " a o f a ma ling exd ~, He c 2 rmot g et aY.Jay fro m the report of Fo ster :L Cu.rtiG , .'.: r.n su:re , ii' we went iato a couxt with this c as e i n the . f c.. ce of Dr . Cu rti s 's rep o:rt, we woulc. ge~ an ac.i,.· ,rerse o.eci sio n . I wi sh you rJOu l d di se1.,rns th i s with i!Er • . '.L'al i uf erro, , DL T sh o u ld. l ike to go over i t ,( I · vi· ; any a ction i s t a ke n . i;,1 i th you before ,j (, I --./ - �\ \ ~ ock L1' . .Spri nc;s - Au..:;;v.s t Ge or'ce B. P r yde: Att2.c hi 1· ~ 1·i ~ c 01;n lete ..: i le on Fo..:·bert Lc nc;h ini ,.-ill b e g l ~d to have you r c o~ ·en ts a n d edvic e . �' Rock Springs - July 10, 1935 , Mr. I. N . Bayless: I am retu:rriing herewith file on the accident to Jack Tomi sich. It would seem to me thi _s would be one of . those qases \'lhere ?omisich might b e -injured again if we .put him back to vm rk, and it might be a con ti nu.al source of embarrassment to us. • I think I v:ould· take this up ,;Ji th M.-r. Taliaferro, asking h is a dv i c e. If the ay1ard has b·een made in accordance with the Compensati on Lm.:Ji then I feel vie should pay it. I do feel, hor1eve:rp that i::e arc und er no obligation to reempioy Mr. Tomisich, inasmuch as, if ~e pay a man ninety per ·cent of total disability, he canuo t e_.xpect us to put him back to v,oxk on account of his J:)hysical condition reaul tfng fror.!l his injury, i'or which we have paid him. Orlgini.J Sllfned: GEORGE B. PRYDl �o ck Spr in gs , July 9th , 1935. I I· ! r r . r; e : Lr . Geo . b . c use o f -e..ck ..:omisi c 1 ''!li o •,:a s i n .. ur e d in iJo . 3 1.;in e, .iin t on , ,1.u gu s t 3 , 19J4 . You Ytil l I J te t hat t l e •.. c:t ic. l .·w vif)or y ..ioar d 11as g ive n the opinion th:1t .:r • .i.'o micich should be a·.12 ·dec1 90% t ot::i.l disability. I ,a:i.11 be gl a d t o ha ve , our c.dvi c e or COl!ill. ents �Rock Spn.ngs - Se,t1tember 21, 1935 ..; :~· 1, I Mr . I. N. Bayless: I am r·eturning herewith file on the case of' Mr. Subic. I presume we v; ill have to pay for the co st of the nmiJUt&tion a nd lo s;.iitalization. I ,;multi mo. lee it very clear to Su.bic . however, tha t we £L1'e !'.l ot com1) elling him to do this, but that ·is the only vrn.y he c&n obte.in cor.1pensation. We h@ve spent i:;o much :1,oney kJ=in g c ~-.:re of him in the l'ast few ye8.re and thex-e is very little i!np:rovcment in the leg ~ u.rlu t h 8 't seems to be the only ~ay out. �I••. Rock Springs - Se,pt. /19..t, , . ___1935. \ , / I am attaching my complete file on the conip'e n-' sation case. of August Subic who- was injured February 18th, 1929 at Cumberlando Mr. Taliaferro advised that we not accept the report of the Medical. Advisory Board in this case and asked that the man have the leg amputated before paying him for the loss of the leg. Mro Subic called at my office yesterday and stated that he would like to have the leg amputated. He wishes to enter the hosp,i ta1 the latter part of next week. I would like to have your advice in this matter. �Ro ck Springe - J 'uly 10, 1935 llr . I . rl . Bayless: I am returning herewith file in the case of August ...-, Sti.bi c, anci the method sugg~sted by 1.Ir : Te,liaf erro I think i a satisfactory. I do not feel we could pay him for the loss e>f a leg and he still have that leg. If they had allo·v1ed him a percentage of the loss of a leg, I .1ould be inclined to go along with them. ·J j �I i ir . li eo. B. t'r yde : i-1.tta c hi n~· he r e\7i·c,1 1.;y of injury to i,ugust co rn1.JJ_ c -i; e i i le i · t l1 e idL,:;;ter ·uoic, G't1 ·1'oor k nd Febru ary l J , J.t,,·29 . i.ir . ::.iu bic '-"la" a.r12..rci eci coE\; e, s :r cion fo r -~ o·i;al clisa.bi li ·;;y ·i; o L:1.;.r 21 , ter: porary 1933 , at y;hic h t i rne he '."Jent to ,,o rk in \'!l e.t nas then cal l ed a "Soft Drin k Po.rlor" in Rock Sprin gs. 110 £l.• p lied i'or r10 rk \', -it.1 "i;h is co1.y.1ny on Januar y 24, assi g-nc d t o \linton. hospital L'ay 1935 and uas It ~-:as nece .3s -, ry for :·um t o again enter the 1st, 1935, \1h ere he re mained m1til June 17, 1935. i-1.s tl'1is ca se has been of lon g s ·canding it 1.-;u s dech, e d to pu·i; i ·i; before -;;i:1e L edical 1.dvi sory Board nhich Bo Br d, uncier ci ,1:~e of June 29 1 l '-}35, r e col:ltLended tint se -ttle1:!en·t be made to t~e extent of loss of l e g belory t n e knee. l!u· . ·i'aliaferro has 1·0comi,,011t, ed ·Gnat v,e do no ·(; make se·;;nement uith lfu·. Subic but that he be a.llovrnd to take the case to Court. �. . Ro ck Springe Feb. 2, 1:135 Mr . I . N . Bayl es a : I. am re~~urning herev,i th the file on Adam Hordzevi ch. I think the only thing to be done is to maintain this file, and if 1Jr . Hordzevich is released later on from Evanston, where I understand he is to be confined, we will then take up the ma. tter of a."ly di sabi li ty he has suffered at tha t time. ...:. �Rock Springs - Jan. 26, 1935 Ilr. I . N. Ba yless: I nm returning herewi th file on Auton Mezek. ' There is no place we can guarant ee Mr. l1ezek employmen-t ·on flat surfaces. If we g ive him v,ork on the outside of the mine, a round the t i p ple, I feel that would be j ust as dangerous as havi n . ·, hilil i 1i the :mine. I V! ould , therefo!'e, s ugg est t he.t , o n ac count of Mr. Nezek 1 E physic a l condition, you t ake him out of the service. I do not believe v1e v?c u l d be justified in keeping l!:r. Mezek in the sei•vice t"1hen his condition is such thc:.t . he may not only cause injury. to himself, but to his fellow employee. Original s 111ned: GEORGE 6. PRYDl / �, \ f E L)· . . ~ Rock Springs - Sept . 26, 1934 I am re 'b.J.rn ing herewith your f ile on Marko Percich. I rec;.l l,y th ink the best t.hing to do would · be to c:~ose uy thi s case o n t he b &.si s o:r t1e r eco mmenda ti on s of' Dr. Arbo 6 ast. I am not ::.o sure t h at it vrnul reope r·ate, £:.s th e.re 1:- oulG be a good thing to ·eem to be c:ou~t about the operation doing him any g-o o d . I _presv.1 '.le , if he w~re s en t t.o I.Ia-yo Brothers, the Hospit al Conr ni s ;::io n i,oulo h.1ve t,J s tanG tlP e .xil ense , outside of the ~. 15 0 .0 0 v1hi ch. ,:1 e riOu l d dona te f 1'o ni the Com1;}Emsa ti on Fund. I ~m qui te Ti illing to go ~ long if t h ere is any better- ment to b e obta in eei, !:>y opo:ra ting, but in reading those re1iorts there see:··1s to be a doubt abo ut the benefits to be gained by 011e rating, and my pe rsonal f eeling in the matter is that -..1e should close this case out. �Ro ck Sp rings - July 3, i.lr . I. N 1934 Baylt.s s : I a ,,1 r etu r n ing here\·Jith st i pul9.ti ons i n the claims of \ii llia111 'i'he ros, in j u red i n iio . 3 i:i ine , ,. int on I and F'aL! st in o CJ_;;;;:;.=::_.;;._----=--..... Delaureine , inj u red i n No . 4 r.Iine , Roc k Springs , s am e having ~ my ap proval , I s e e no i:-ther cours e exc ept to sett le u p these c ase s i n a:::c or dan c e •.. ith ou1· seventl con vers a tions, and set·~ l e."!lent should be expedited i :n an ot he r similar outstand- ing c as es . u'r i ginal Signed: Geor .;e B . Pryde �Roc k Springs - July 3, 1934 1-.i r. George B. Pryue: Fiiial stipula t ions have be en p r epared in ·i;he com pens a tio n cla im s of \iil liarn Ther os , injured. in No . 3 Mine , \" inton ; and Faustino De lau r ent e , inju r ed in ; o . 4 Min e, Rock Sp rings , a nd a re nov, passed to you for you r a ;i proval before p r esenting the m to the ernp loyes for si gn ature. You '\'Ji 11 note t at t }.1e st i '4Jl,tlations bear tae signatures of Hr. 'l' . s. Tal iafe r ro, Jr., our attorney, and Ur. J oseph H. C--al i cich, Cou nty At t r n ey for Sweet i'i ater County. 'l'hese c as es ::1avo been hand l ed in this ma:mer in orde r to protect ourse lves should it be necessary in -the sett lernent c. f future claims. :Ji L1 you ki nd l y si gr1 ify y uur ap proval by a·ctaching y our si gnature to the stipulations, thereafter ret u rning t he files to me for further handling. Original Signed: I N. Bayless �Rock Spri11gs - AU[;ust 10, 1933 Ro John Seppa ,1ho ' r eceived injv.ry to l ef t eye in our 'l'hrough ooue misundei~S'i;ur.ding us t o p er r:1on0n-l:; p UL---tia.l rlisu.bili·i;y concor11ins this injurl, llr . Han:ing i;on a okecl ·i;ha:i; ·(;he case -be dismissed and the Order of' Dismissal n as g1·an:iocl Junuo.ry 31 1 1933, 'fhe m ttor n a o brought to our ,i·ttention by the injured Ci-.ip loye and aftm:· a ·i:;horour;h inves·i;igatio11 ue £.re convinced that du-e i to it1jury raceivoci Llr . .;i eppa io enti·lil~d ~iio CO.!.:s_penoation for 23-5 per cent loss of visiol'l of the left eye, or 0423.00.. Ur. llcAuliffe agrees to the payraent oi this umouuJi; from ·(;ho company funds. "l'i ill you. please indico:i;e the form. of voucher to be filled out in order to release us of any liability~ lly comple·~e file is handed you for your use. turn it to me uhon i·i; has served your purpoao. Q.-lglr:.t, l Eli~r. • ;_ n, N, @AYU ,, ~· CC - . llr. Geo. B. Pryde Please I"G• �Horedth co py of ol d fo.1:111 or vouch er a nd copieo of t!10 -neu ·type o f voucher. ::n1 yo u ~)l Cet Go r:.dv:bo tllich :oul cl bo n or.n su:i.fo.bl0 f or ,,ritinz of ~h ~ uchor i n t his of fi co . n ,-'\.' imd Si1?011d: litvHC E B. PRYD E J �SfAlll)AR FORM 2103 . , SUBJECT: ·) THE UNION PACIFIC COAL COMPANY • ·. J Rock Springs, Wyoming IG-21-10,0G I. 1 '..EG::;lf 193~!)) G/.:1'11,i!L 11,-.:; '; ;~1.·f1 OFFICE OF N - REPLV- e l.:~~!L July 31st, 1933 !, . LJ -.) ·:v Attorney NO. ,,.. ' l .L ~') J =J Mr. George B- Pr yde Ci ty De a r Sir: In regar d t o t he J ohn Seppa vouche r , I would lik e fo r you t o send me t he bl ank voucher, so that I can ge t t he printed wordin g, and follo w it up with the languag e v,:hich I woul d want to ap pea r in the voucher. Yours truly, EFER TO �Roc k Sp :d:tlZG •• J ul y 25, 1933 !~#.":.l.' v ~:.1i t ,1 f '"i l C \·:i t}1 ::.. ~zn1.\: -to t b':l C 2. GE) of I: 1-. . Johr.. : az,p::1, --:-=--:--:~. :_ ~· U ri!r \11 :d S i l!n ed : GEGB GE B, PRY DE ~·;i 10 �Rock Sprlngs - July 21, 1933 Hr. :Cuc;cnc Ecll.uli?fe : Ho:o.·er:i.tl f'ilo on -tho ca90 of John Seppa, i11jtu•cd July 11, 1932 _ _ . . , . ... ...____ ---c::!.-;~ injus tice 011 e1cco1..rnt of closi Bg hi0 co. se befo re 211 -~ho facts ncre lmo...-m. u .- _ ;mcr nc.d o c.:r, cm:.n riliw.r ;;io;1 o :r h is eyes , he found that ·0'/.:0 3:J n 2..o some pormnl.'l.on·G i fJ!leirn0n~.; of vision . concorncd l u thi::i caso . o.~!J i't secr;1s ·Gh:d; Scpp2.. ,·;eo ic2ju:rccl in ouz• miaeo vision i:i th 0 10ft eye. I t:oulc1 lilrn to ho,vo your o.uthoriiy -to pa.y him the G.tIDurr'.; of 0337 .94. ·1:0 noulcl ho.vo to ch2.X"ge ·i;his ·i;o "Iuju.:.'1.eo to PmrooU:.J". t_lri'..";.,. I Si<>ni,d• G[OH(it B. PRYDf �ATTENTION MR. BAYLESS • b0 justl:i'icd in p~y:i.f.G o. cl0in / �Rock Springs - July 3, 1934 • Mr . I. N. Bayless: I am returning here with stipulations in the claimu of William Theros, injured in No. 3 Mine, r!inton, and Faustino ~ Delaurente , injur ed in No. 4 Mine, Rock Springs, same having my a ppm val . I see no other course except to settle up these cases in accordance vdth our several conversations, and settlement should be e:xpe c. ited in any othe r similar outstanc;ing cases. J �r.'ir . Geoq;e B. e·· oe : Final sti rn l -tions helv e b en ·)r epared in the c01:1,.Jens a tio n cl ai ms o • ·.1illi&lil 'rheros , i njured i n fo . 3 ..:ine , ',di nton ; end li"austilio elo.ur -!1te , injt red in No. 4 11iin a , Ro el; prin c;G, and are n or: pas ::;ed t o you f or you r a t) r ovc1.l be 01·e presenti nt; t l1t,1:.1 t o t he er.ipl oy es for s :'.t,-e1 0. t m· e . ' ou , ;ill note t ll .....t t he stipulation s bear t· 1e si gmt ures o f :.:i~ .'1' . S . Tal iaf 0::-ro , Jr ., O LL atto rney , a n ::i Lr· . Jo seyh i-i . Go..lic ich , Count~, i..ttornt:y fo r Svrnet,mter Co unty . 'i'' ese C E S E·S hn.ve be en l and led in this or der t o p rotect our selves s houl d it be nec es sa ry in the settler,,0 nt o f ·utt r e c l aims . h:Ul 1. er i 1, ·:1ill fOU _; i, ci l·· si5nif y you·~ a9pro w .l by 2::c·i;a c ,i ng your s i cn.J.tu r e to t l10 st:i.L: uln:cions, ther eafter rc;-:; ;;,ruin~ t he files to r,10 for fu r t1 1t:r lia.r1Lllin1_; . �Ro ck Sp rings - Nov. 8, 1::133 Mr. I. N. Bayle~s: I am returning here1:1 i th your f ile on the \'/illiam Thero ~ cas e . .,., . I ·,rnulc.i G ugL est thu t , i f hlr . I.1 cAuliff e has the docto rs f orm a b oa1hd , yc,u •mi L,ht sub mi t t his c a ce to th e boal~d ns on e of their f ir st outies. �- - - ~- ·- -------==-- - ---=---- _-_- _- _-_-_-_- _- _ -_- - - - - - - - - - - - - - - - - - - - - - - - r ( I I '.i'Hill UNION ? ACU'IO COAL C<L:'!PANY b R ck Springa, ~Jycming February 21, 1933 Mr. George E. Pryde '£he Union Pacific Ccal Compa.ny Roel: Springs, Gyorning Dear Sir: It eeG•r,m -~o rr: o t .hat they hc..vo r(.:)po:rted to us the wrc.nr; vote on Bill 112. The Cheyenne Tribune;) says- ·this: "Sonate 112, relating to c ompensation for her-.i1ia. Ayes, J.!.; noes, l;i. 11 Tl1ia ·;;,as evi dently tho vote on ih0 action ·i;o lndefinitoly postpono, and to my mi.lld upon the face of the report shotIS that the bill rms. def eatod m,,re thc-01 tuo 'to cno. VJee Wyoming Tr·ibune,- February 2].. ! ucultl T. s. Taliai £>IT O , Jr. !_~r. &.yle~a_: l'iill ycu ~,I'rt.nr;e for Dr. Kruoger to see :Sr. Talia.ferro! GBP 2/22 - Called l'linton and asked Leonard t o have Dr. see Mr. To.liaf'erro end advise n;e uhen he d'--ee so. A. B. �FORM 2103 SUBJECT: THE UNION PACIFIC COAL COMPANY Rock Springs, Wyoming IN REPLY PLEASE REFER TO OFFICE OF February 1 2th, 1933 Attorney Mr. George B. Pryde City Dear Sir: Plea se f ind co py of letter that I have written to Mr. Bayless. I would be very glad for Mr. Bayless to show the letter to the surgeon, but I would also be glad to know if Doctor Krueger has in fact been talking to Doctor Lauzer. Yours truly, (; _;; ~:-~bv -· c_., 9 - - - -- TST:ga ) ( I' �ITAHDAl!II 10"2f-lO,OOO FORM 2103 ,SUBJECT: THE UNION PACIFIC COAL COMPANY OFFICE OF Attorney Rock Springs, Wyoming February 12th, 1933. IN REPLY PLEASE REFER TO NO, Mr. I. N. Bayless Assistant General Manager The Union Pacific Coal Company City Dear Sir: I have read the corres1Jondence.? including the letter of Doctor Krueger addressed to you.? and dated February "Ith. Upon the face of it;., Doctor Krueger's letter is a "negative preg:uantn., and does not in fact answer your question. I think it would be well, some time next week, to have the Doctor come to my office, so that we can dismuss the matter from the viev~-point of the la:w, and the facts,. It would certainly seem to the writer _that a rupture caused from lifting, \"lhile the i'iorkman nas actually performing work in extra~hazardous employment with The Union Pacific Coal Company, inould show ·some breaking of tissues, or there could not have been then and there a rupture. It would seem to the writer that this is a selfevident axiom. To determine whether or not there was tearing of tissues at the time and place of the employment is essentially the province of the surgeon, and if the surgeon cannot discover any such rupture, the s1 tuation is no diffe1.. ent than if the ,i'!orkman had been struck on the head by a hammer, and could not discover who struck him. Hernias resulting from trauma or violence, causing rupture, are compensable, but hernias which are congenital, of slow but steady development, and which may be "fired" by the person stepping in an automobile, bending over to pick up a pin, or lifting some heavy substance, are not compensable, because the ~ernia in fact existed long· before the time and place of the pain, and long before the time and place .of the rupture, and ·was not primarily due to the employment, but was primarily due to the person's physical condition, like the gradual loss of hearj,ng, which the v.Titer is experiencing, or the gradual dimming 'o f 'the eyes, which the writer is experiencing. . �STAld>AllO ll>-Gt-10,000 FORM 2103 SUBJECT: THE UNION PACIFIC COAL COMPANY, IN REPLY PLEASE REFER TO OFFICE OF NO. I think you migb:c talk this over with the Doctor, and then at ·a convenient 'time next week, send him to my office. It is my desire to give the workman the benefit of every situation consistent. within the law. • However, we ourselves must keep I am sending a copy of t his letter to f/1 r. Py,yde, bece.use we have recently been before the Wyoming Legi sl ature 011 this very subject. Yours truly~ . ·: .. . TSTzga CC-George B. Pryde �/ -- - - ~ - -- - - - ! I1ditoriel Departnent - ',J_::,~t-, :i.sh00:i.n, • 1 • I.ici· LD., \ faitor G0m'g0 H. Sil;JBons,. n.n. ·Eclito1• al'ld G0 neraJ. I::1a.nager Emel"Hiun 'rH.E J OURW\L OJ.i' T'.rlE 1\111-;;RIC/\.N UEDICAL ASSOCIATION' 535 North Dearborn Street OHIGAGO Au.gtu::t 5, 19,32 • Dr. J. G. Cannor, Rock Springs, l'iyo. Deor Doctor Daune~: suggest -'i;ho.,, you t:rito to the Secretnry of' the Chicago Ophtholr.iological Socioty, Dr. R. c. Gaml>lo, 30 North m.chig,an Avenue, Chicnr;o , Illinois, for the repor-~s requested. r,:o regret boi1,,g umblo to i'ind any roi'eronco ·to ·;;ua subject of the "Ohnp~an 'l'a blo." fl.lr-~!lGi' 'i!e "o:7ill bo glad to look if you can 13ive us more definite references. Uo are enclosing our co.taloga listing the publications of the American Uedical Assoc:tation. Yours very truly, JOUR,.T\IAL AUERICAN PfilDICAL ASSOOIATION .. �-J THE INDUS'.rRIAL CCY..ll.!ISS!ON OF UTAH S-hate Capitol Commiaoioners o.F. Mc Shana Salt Lake City, utah Wm. l'J. Knerr Henry N. Hayes August 4th, 1932 Carolyn I. Smith Secretary Dr. Jay George i:'nn110r, I1ezzanina li'loo~ Suite First Security Barus: Bldg., Rock Springs, t'iyomin.g. Dear DoctOi" \'!annor: Replying to your favor of July 3oth, 1932, ue are encloeirig to you herewith copy ot Chapman's Percentage Vision Table. We are vary happy to furnish you \1ith this infor• mation. Very respectfully yours, r;m. ll. Knerr (Signed) \~'UK:H ¥mi. ll. Knorr, ChairfiW.11 �., " CHAPMAN' S PERCENTAGE VISION 'l'ABLE if.A. Chapman, M. D., 1:!ilwaukce, Wis. 20/15 l0Ofo Vision a Suparexcellant Vision 20/20 l0O'fa " No loss of Vision 20/30 95~ II -... 20/40 90~ ti 20/50 BS% • 20/60 81¥ 20/70 15% 20/80 70'fo 20/90 ti ti H :: l~ II t1 ti rt c· 15" " " tt u 0 2ot II II n C 25~ II (Q n It 0 30~ 1a n n 65~ u· = 35% , t~ II If 20/100 60% II = 40~ II II It 20/uo 55% II ti " II 20/120 Saio u t1 Cl r, 20/130 45% n n n n 20/140 40t ti 6o% II n II- 20/1,0 3'% II 65'/o II It 20/160 30% .. n It 20/170 25'/o It n 1t " " " 20/180 20',t n n n n 20/190 lS~ " ct II " 20/aoo n II " " 20/210 lofo s't. n It n 2&/220 9'/o d It " I) • ft " C 5'fo - 45~ ·• SO'fo - 55% -- -- 1f, 70fo - 75'/o --- a,~80'/4 ti'" = 9<Y/o -- 95~ : 100% . �Ill THE Jl..!lERICAN ACADEMY OF OPHTHALMOLOGY M'D OTOLARYNGOLOGY . Section of Inatructi011 Dr. Harry s. Gradle Secretary: Ophthalmology 58 E. Washington st., Chica.go, Illinois. Dr. William V. Mullin Secretary: otolaryngology Clevela:rxl Olinio Cleveland, Ohio August 30, 1932. Dr. Jay George ne.nnar First Security Bank Buildi?Jg Rock Spri»gs, Wyoming Uy dear Doctor: Dr. Gamble turned over your letter of August 23rd to me for answer; '!be so-called Chicago Ophthalmology Society table and the om known as the Chapman table are entirely antiquated. as well as are many · of the oth<3l" similar tables in which c;ompensation is based solely upon cemroJ. visual acuity. I have no copies of tho ee tables available, but I sm referring your letter and my a.I1S\10r to Dr. Woodward, legal director or the A.M.A. He my hllve them in which case I am sure that he will be kind. enough to sem you aopiea. not he can inform you whore they are to be obtained. Very sin:erely yours 1 (Signed) Harry Gradla HARRY s. GRADIE HSGsAG If �AMERICAN MEDICAL ASSOCIATION Bureau or Legal Medicine a.nd Legislation Williv.m C. f!oodwurd, H.D. • L.L.H. 1 Director 53S North Dearborn street, Chicago, September 6, 19,32. Dr. Jay -George r.unner, First Security Bank Bldgop Rock Springs, 1.'/yoming. Dear Dr. V.'anner: Dr. GI-adle hua referred to r..10 your lot~G(~i' of August 23rd, rola"Give to tables nou in use for the purpose of computing loss of vision. \ I knou nothing of tha table or report of the Chicago Ophthalmological Society and nothing of the so-cllllod Chapmnn ·table. While you ask for information concerning all tables of this chc.\rncter that are 11 in present use in the computation of industrial ca.sea," I venture to submit the follouin:g information, \;"i.tllout I;;nouing r,hother the tablas and methods referred --~o are or are not in common use tcda.y. ':i..11omus Hall Shaatid, Ophthalmic Jurisprudooce: .A repr.i nt frCLl i"'ae AP0rican E.ncyclopsclia of Ophthalmology (Ylhore the Title is "Legal R0 lationo of Ophthalmology-11 ). Under the ~bove title, Dr .• Sb.astid, of Superior, D'ioconein, print~ n.For .Privato Distribution Only, 11 through the Cleveland.. Pr·e.s a at Chicago, in 1916, the vo1Uil!e named above. On pages 73 and f .o llaoing, he discusses Vis:us.l Economics. A-t the beginning of his discussiOll, he say·s : "li'ol"' an entirely different view ot ·this subject, see, in thia Encyclopedm., (of -O phthalmology), 'Visu;11 economics' a very thorou~ articlG by Dr. E. E. Holt.n • H. :r.Iagnus and H. V. Uurdemami, Visual Econanios with Rules for Estimltion of the Earning Ability Mtor Injuries to the Eyeei. This book ~as published "For the use of the modic~l am legal professions, business corpoN1.tions and insurance officials. 11 It ~s published by c. Porth, lOS Grand Avenue, llilmiukoe, Wisconsin, in 1902. It contains tho most complete exposition of Visual Economics ~ith tihioh I am acquainted, covering 132 po.gee of text and tablos, \7ith a bibliography. Shastid refers in complimentary terms to this book. Henry H. Kessler, Accidental Injuries: Tho Medico-Legal Aspects of Uorkmen• s Ccmpensation nnd Public Liability. Publishod by Lea & Febiger, Philadelphjle., 193L Kassler devotaa a.bout 10 pages to a discussion of tho evaluation of the loss ot vision ard gives a br~ef bibliography. �F~unk .'\llpox-·~. t,:'orkm.sn's Compensation ui"lih Especial Reference ·i;o Loos of Viaion. Published in tho Jourllal. ,of too lll'Jarican liedioo.J. Association, 74: 166-168 (.January 17) 1920. Allport submits a "table, recel'ltly o.dcpted by -~he Chicago Opht~aJJ!lological Society, obich it io hoped may bo univorsa.lly and um.formally adop-ted." 1'111ile the .American Medical Aasoeie.tion is not prepaE'ed to furnish to. the industrio.l corporation to uhich you rei'e'il' clippings and rep:i"ints from itz otm files, you as.-~a :i'ollo~ of the Msociation can obtain for your otm temporary use, according to ths leaflet thnt I enclose, hore 1uith a :ipuckage library" on the appraisal of the lose of vision, which you ms.y find. of valu:, o I! you desire suoh a 11 package library," it r1ill be necessary for you to make application for it, in accordance v1ith th0 enclosed ino·i;ructions. Yours truly, {Signed) Um. G. Wo_ od~'.'~d Dlirector t}(;J:DC Enelo �THill PAC:.KJ\GE LIBRARY Neri Service of Assoc:i.ation He,_a dquartors Nor., Available As an outerottGh of the_ indexing, bibliographic and lending services, ·;,;ho Library of ·tho J-.merican Medical Association has colle~-ted published mator:lul, in th0 form of i-eprints a1'ld po.geo i'l'il!U pe?iodieals, on nany phusoa of medicine and surgery. '.mis n:atcrial t1ill be loaned to mar:1bers of ·iho As uociation or to subscribers ·to i·is publications fox- a small charge, covering mel'ely the cost of collecting ·the · material and The collec·i;ia:a. does not contain nrticl&s in f'oroign languages, oi" ar't i clcs en highly speciullzed "i;opica, but theoe fJJly be supplied ,:hen oopecially requested. The foll011ine 5..s ·i;he liBt of rules governing the package library: 1. Requos·~s f.or packages should be addressed 11 Lil)rary, f..merican t!edicol .J:l...s sociation. 11 2. Only one :.;, ackage nay bo borro\Jed o.t one tir:.IQ. 3. 'l\1011:ty-riv~ cents in sti:tmps must b0 onoloaoo to cover postage and part of e::) onso of collecting the ~tor.ial. 4. _Paclrng~o muot not be kept longer the;~ .si.:c ~·k:.yo. 5. Pe.c.kages, or items contained ·tuerein, that are lost can be replaced, if' at all, only by tho purchase ot acma or all of the lost item. Tho actual ·c ost of replacing such items must be borne by tho borrouer. 6. \7hen returning the package, tear of'f the slip eont \'Ji.th package end paste on wrapper. Please notify '.Lbe Library, American Medical .Msociation, 535 N. Dearborn st. - postal card is suf'ficiont when the package is mailed back. �Grelli, Angelo Muri!lko, Mike • Gw lffiC ,' 1:-oui:s , Ma.y~ew, Frank Smith, James McTee, Joseph , Sr. ~vich, Mike Decora, Joe, Kontakis, James .Aokerl.und, -~ttuth ReJlll.·tz • John K. Zamboni,. Louis Williams, Waino Crawshaw, SQ.m �t( - - - - - --- -- - - - - - - - - -- - - - - - - - -- - - -- - - - - - - · - - ··- - - -- -- --- . - - - - � 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 1932-1939 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1932-1939 Subject The topic of the resource Workman's Compensation, 1932,1933,1934,1939 Description An account of the resource Letters and documents related to the workman's compensation from 1932-1939. They are all separately bound with brass pins and stored in an orange file. Some pages are faded may be hard to read. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, I.N. Bayless, T.S. Taliaferro Jr. Identifier An unambiguous reference to the resource within a given context 1-0240 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/5d1fbb606675ff56eacb3e2e83611fc3.pdf 7f0edf5ae91d5d7c510ff38672780f41 PDF Text Text STATE OF WYOMING WOJRli(MlEl\P§ COWiIJPEN§A'fKON ACT And Acts Relating Thereto With All Amendments To Date MAY 1, 1933 Compiled by H. R. WESTON, STATE TREASURER CHEYENNE, WYOMING I· I �--, WORKMEN'S COMPJENSATION ACT CHAPTER 124 R. s. 1931 Section. 124-101. Name of law. 124-102. General provisions. 124-103. Provi sions exclusive, compulsory and obligatory. 124-104. Extra-hazardous occupations defined. 124-105. Exceptions. 124-106-7. Definitions. 124-108. Guar dian may act for persons under disability. 124-109. If other than employer is liable. 12f-110. This chapter governs as to liability of employer. 124-111. Blank forms supplied by state treas urer, 124-112. Repor ts of accident. 124-113. Investigation by the district judge-Procedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded-Copies to auditor and treasurer. • 124-116. Industrial accident fund-Appropriation. 124-117. Employers' assessments. 124-118. Filing of payrolls with state treasurer. 124-119. Inspectors-Failure to pay assessment-Penalty. 124-120. Compensation schedule. 124-121. Additional compensation for disfigurement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured employe-Payments withheld. 124-124. Exemption from excution or attachment. 124-125. Minor workman. 124-126. Extra-hazardous public work-Contract wor1c. 124-127. Safety devices. 124-128. Unlawful to receive more than 5 per cent of compensation for services rendered. 124-129. Physicians required to testify. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by .state· treasurer. I Id I' 'I 'I ; i i I �2 WORKMEN'S COMPENSATION ACT Disabled workman examined by employer's physician-Recovery reported to court. 124-134. Employes' statements of dependent persons. 124-135. Assignment of rights and benefits. 11<124-136. Closing of accounts. 124-137. Actions again st employer independent of • cha pter. 124-138. Re-opening of cases. 124-139. Dill s to be itemized- Ti me of filing. 124-140. Notifi cation by doctor. 124-141. Awa rds. 124-142. Deferred payment acco unt. 124-143. Bribery. 124-133. 124-101. a mc of law. This chapter shall Le known a the " workmen's compensation law." (L. '15, c. 124, ~ 1 ; C. S. '20, §4315. Workmnn 's compcn~n t ion net would be vali<l ns to the rc- m.ninde t· e ven if the provh;ion fo r non-pay ment for the first ten dnys wn s in\·nli<l, beinJ?" se,·crnble. Zancanclli v. Central Coal & oke Co .. 25 Wyo. 51 l. l i3 P . 9 I. Workm n's rompentmtion :tct is valid, an d not contrary to nny 1>rovh~ion of the state or f ederal cons titutions. Id. ,vor km cn"s compensntion net docs not ,·iolntc am<?ndment to co nst. a rt. l 0 , ~ 4, provid ing compensntion "to each person inju red ," in that no compensation is a llowed for first 10 days of di sabili ty. l d. W ork men 's compensat ion ne t , § 12•1-11 3. does not deny the right of an c mploye to be represented by counsel, in view of § 12~- 12 . relatin g lo fee, o f a ttorn eys. Id. \Vorkmcn's COrt\pe nsn ti on net is not. un constitutional in that the tH·ovis ion t hat childre n ove r the a ge of 16 shnll not be cons ide red <lc11~ndents unl ess incapacitnted. Id. ,vorkmcn·s compensation net is not unconstitutionnl in that non1·esi<lcmt ah cu family of deceased cmploye shnll receive only 3:l a,cr cent of amount allowed to reaidents of state. Id. This chapter held. not based on unreasonable c1a5sification, citing const . art . 1 § 34. Ideal Bakery v. Schryver, 43 Wyo.-, 209, P. 284. Under § 124-124, providing th:,t no money pnyable under this chapte1·, shall, prior to issuance and delivery of warrant therefor. "pasd to any other ,person by operation of Jnw," the rights of nn injured employe to compensation prc:r vide<I for in §§ 124-102, 124-103, 124-113, did not pass to his administrato!" as an asset of his estate on his dcnth :ifter nwar<I hnd been made. but before the issuance or dclive.-y of the wnn·nnt ..i:,rovided for in § 124-115 . since in its or<linnry nnd usunl ~cnse within § 11 2-101, the ph1·nse .. by operntion of law," when u sed to desrribe a method by which title to property is t1·ansferred, includes a transfer by intestacy. La Chnppelle v. Union Pacific Coal Co., 29 Wyo, 440, 214 P. 58i. This chapter cit,,d in State v. Carter, 30 Wyo. 22, 43, 215 P. 477, 4M,J. Findings on evidence in compensntion contest conclusive. Standard Oil Co. of Indiana v. Sullivan. 33 Wyo. 223, 237 P. 253. Award not conjectural, tho~h different finding justi!icd. Id. Under this chapter there is a prima !ncie right to rom.. ;pensation when disability or death is result of nn injury sus--• tained in c."trn-hnzar<lous employment and tho right thereto ■ bould not be denied unless the injury wru, due solely to the negligence of the workman whose injury or denth is the basis of the clnim, and the burden of proving auch affirmntive defense is on the employer, in view of § 124-112. Hotelling v. Fargo-West.em Oil Co., 33 Wyo. 240, 238 P. 642. ---•This section omitted In R. S. 19S1. �WORKMEN'S COMPENSATION ACT 3 T otul disnbil ity . should not be d cc la rc<l perm ane n t , un less cer ta in . Ca r ter 011 Co. v. Gil,son, 34, W yo. 53. 24 1 P . 219. pe~~~~;: ~. hi J ~• lo j ustify fi nding th at t ota l di sability was Legis_latu rc mny impose duty on court reporter of mukin[: • ~~n~-~~~~t; 4~~ ~~~ ~;~s{t~~n cases f ree of cost. l n re Winbo1·nc, This chnp te r ci t ed in const ruin g §§ 124-104 nnd 124-1 07. re Knros, a4 Wyo. 357, 2•13 P. 693. Jn Rul o thnt in cnsc of con fli cting cvh.Jcncc appell ate court ,•d :I not _rcvc 1'~C judgment s upported by substunlial cvitlence, he!<l, s pphcablc to cn.scu u nde r t his chr~JJte,·. McMnhon v. Midwest Refi n in g Co. , 36 Wyo. U0 , 252 P. 1027. T hie ~h3ptcr cited in construi ng certai n sections hereo f. In re H ibler, 37 Wyo. 332, 2Gl P . 64 8. Th is ch n11te r citc<l in Rci nts ma v. Standa rd Oil Co., 37 Wyo. 471, 263 P . 61~. annotated u nder § 124-114. Cited in const ruing § 124-112. I n re Martini, 38 W yo. 172, 2G5 P. 707. 124-102. Genem l prov1s1ons. Compensation herein provided fo r sha ll be payable to persons injured in extra-hazar dous employments, as herein define d, or the dependent families of such, as die, as t he r esult of such injuri es, except in case of injuries due solely to the culpable negligence of the injured employes . Said compensation shall be payable fro m fund s :in the state treasury to be accumulated and ma intained in the ma nner herein provided. The right of each employe to compensation fr om such fu nds shall be in lieu of and shall take the place of an y and a ll rights of action against any employer contributing, as required by law, to such fund in fa vor of any s uch p erson or persons by reason of any s uch in jury or death. Sections 23-129, 89-403 a nd 89-404, and all laws or parts of laws relating t o damages fo r injuries or death from injuries or in anywise in conflict with this chapter a re hereby repealed, as to the employments, employer s and employes coming within the terms of this chapter. [L. '15, c. 124, § 2; C. S. '20, § 4316. Quotc<l in Znncanelli v. Central Coal & Coke Co., 25 Wy0. 511, 173 P. 981 ; and in Ideal Bakery v. Schryve r, etc ., 43 Wyo.- , 299 P . 284. Cited in Lv. Chappelle v. Union Pacific Con! Co., 29 Wyo. 449, 214 P. 587, nnnotatod under § 124-101. The wo rd " solely, " ns used in Cons t . nrt. 10, § 4, nnd th/a Ecction, enncted pursuant to authority t here gi ven . is a word of exclusion , nnd may be used to mean .. only" or "exclusively ... nnd as used must be given n reasonable meani ng , in v:ew of the known policy of th is cha pter. Hotelling v. Fnr goWestern Oil Co .. 33 Wyo. 240, 238 P. 542, P10of h eld, insufficient to sustain affirmative defense that wo1·kmn.n's death wns due solely to his own negligence: !ct.. low workman's negligence immntednl. Id. City cmploye, injured wh ile impounding nnimnls , wh ich occupntion wns not w ithin compensation law, could not recover compen sation, though . al so employed ns truck dri ver, which was within luw. Leslie v. City of Casper, 42 Wyo. 44, 288 P. 15. 124-103. Provisions exclusive, compulsory and obligatory. The rights and remedies provided in this chapter for an employe on account of an injury shall be exclusive of all other rights and remedies of such employe, his personal or legal representatives or dependent family at common low or otherwise on account of such injury; and the terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for �4 WORKMEN'S COMPENSATION ACT . . •es sustained or death resulting from such in~n~~~ shall be exclusive, compulsory and obliga~~ry upon both employers and employes coming within the provisions hereof. [L. '15, c. 124, § 3; .c. s. '20, § 4317. Quoted in Znncnnclli v. Central Conl & Coke Co., 25 Wyo. 511, 173 P. 981. Cited in Ln Chn,ppelle v. Union P acific Coal Co., 29 Wyo, 449, 214 P , 687, nnnotnted under § 124-101. 124-104. Extra-Hazardous .occupatiO'ns defined. The extra-hazardous occupations to which this chapter is applicable are as follows: Factories, garages, mills, printing plants and workshops where machinery is used; foun dries, blast furnaces, mines, oil wells, oil r efineries, gasoline filling stations and bulk oi l stations, gas works, natural gas plants, water works, r eduction works, breweries, elevators, .d redges, excavations, t ransfer companies, general teaming, gener al trucking, ditch rider of irrigation districts, smelter s, p owder wo rks, laundries operated by power, restauran t and bakery kitchens where power machiner y is used, quarries, engineering works, logging, lumber ya rds, lumbering and saw mill oper ations, dude ranching, street and interurba n rai lroads not engaged in interstate commerce, buildings being constructed, repaired, moved or demolished, painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in interstate commerce, ·oridge building, the occupations of city or town firemen and city or town policemen, and all employments wherein a process requiring the use of ·any dangerous explosives or inflammable materials is carried on, which is conducted for the purpose of business trade or gain, each of which employment is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein required risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occurred before this chapter takes effect, and to all rights which have accrued by reason of any such injury, prior to the taking effect of this chapter, shall be saved the remedies now existing therefor. [L. '31, c. 94, § 1; amending L. '29, c. 46, § 1; L. '23, c. 60, § 1; L. '21, § 138, § 1; C. S. '20, § 4318. Questions of negligence for injury received in extra-hnzanlous occupations stated. Hotelling v. Fargo-Western Oil Co., 33 Wyo. 240, 238 P. 642. Plasterer, contrncting to move house nnd hiring helper, held, employer engaged In moving buildings. In re Karos, 34 Wyo. 357, 243 P. 593. .a~. an~~~Ji" u~~ie§ ~ 2 of Casper, 42 Wyo. (4. 288 P. 15, Quoted in Ideal Bakery v. Schryver, etc., 43 Wyo.- - , 299 P. 284. I. �WORKMEN'S COMPENSATION ACT 5 124-105. Exceptions. This chapter shall not be const rued to a pply to business or employments, which, according t o law are so engaged in interstate commerce as to be not subject to the legislative power of the state nor to persons injured while they are so engaged, nor to any employe engaged in domestic ::,ervice, r anch, f arm, agricultural, or horticultural labor, or stock r aising, or any person holding a n appointment as sheriff, or deputy sheriff, or constable or deputy const able. [L. '23, c. 60, § 2, a mendi ng C. S. '20, § 4319. 124-106-7, Definition s. In t hi s chapter unless the context otherwise requires: (a) "Factories" mean any premises wher ein powe r is used in manufacturing, making, alte ring, adapt ing, ornamenting, fini shing, repair ing, or r enovating, any article fo r the purpose of trade or gain, or the business carried on therein, including expr essly any brick yard, meat packing house, foundr y, smelter, ore reduction works, lime-burning plant, stucco plant, steam heating plant, electric lighting or power plant, including all works in or directl y connected with the con truction, installation, operation, alteration, removal or r epair of wire , cables, switchboar ds or appa ratus used fo r the tra nsmission of electric current, and water power plant, including tower and standpipes, power plant, blast fu rnaces, paper mill, printi ng plant, fl our mill, glass facto r y, cement plant, artificial gas plant, machine or r epair shop, oil plant, oil refinery plant and chemical manufacturing plant ; (b) "Work shop" means 1 any yard, plant, premises, room or place where power driven machinery is employed and ma nual labo,r is exercisect by wa y of trade or gain, or otherwise incidental to the process of making, altering, repairing, printing or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control; (c) "Mill" means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering or repairing any article or commodity for· sale or otherwise together with the yards and premises which are a part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber industry; (d) "Mine" means any opening in the earth for the purpose of extracting iron, oil, coal, or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven,· and includes all the appurtenant struc• tures or machinery at or about the openings of the �6 WORKMEN'S COMPENSATION ACT mine and any adjoining adjacent work place where the :naterial fror.i a mine is prepared for use or .shipment; (e ) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is du g or oth erwise r emoved from the earth for the purpose of trade or bargain or of the employer's trade or bu iness ; (f ) "Building wo rk" means any work in the erection, construc tion, exten ion, decor a tion, alteration, r epai r or demoliti on of any building or structural appurte;i ances; (g) "Engineering work" means any work in the constructio n, altera tion, extension, r epair, or demoliti on of a railwa y (as hereinbefore defined) bridge, jet ty, clike, dam, reser vior, underground conduit, sewe:r, oil or gas well, oil tank, gas tank, water t ank or tower, or any cai s on work in artifi ciall y compressed air, any work in dredging, work .on log or lumber raf ts or booms ; pile driving, moving buildings, moving safes, or in laying, repairing or removing under gro und pipes and connections; the er ection, in stalling, r epairing, or r emoving of boilers, furna ces, engines and power machi nery (including belting and other connections ) ; and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other hi gh expl osive is in use ( excluding mining and quarrying); ( g-1) "Dude r anching" fo r t he purpose of this chapter is defined and means a ranch conducted primarily for the accommodation and entertainment of guests for monetary consideration; (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (i) "Workman" means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business, or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employe" and the term "employe" shall incude "workman" and each shall include the singular and plural of both sexes. Any reference to a workman who has been injured shall where the workman is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal representative, or where the workman is a minor or incompetent, to his guardian or next friend. · . (j) "Dependent families" as used in this chapter means such members of the workman's family as were wholly or in part actually dependent upon �WORKMEN' S COMPENSATION ACT 7 the workman for suppo1t at the time of the injury; if it be shown that the spouse wilfully deserted the workman without fault on the part of the workman, such spouse will not be regarded as a dependent in any degree. No spouse shall be entitled to the benefits of this chapter or influence any award made hereunder unless he or she shall have been married to the workman by a marriage duly solemnized by a lega l ceremony, at the time of the injury. (k) " Child or children" means the immediate offspring or legally adopted child or children of the injured workma n, boy under ixteen years of age and girl s under eighteen years of age (and over said a ge, if physically or menta lly incapacitated from earni ng ) a nd shall also include legitimate children of the injured workman born after his death or inj ury. In other cases, questions of family dependency in whole ol' in part shall be determined in accord ance with the f act, a s the case may be, at the time of t he injury; th e fo regoing definition of "dependent fami lies" shall not include any of the persons na med, who a re aliens 1·esidi ng beyond the jurisdiction of the United States of America, except a surviving widow, or boys under sbcteen (16) years of a ge ·or girls un der eight e n (18} years of age, or pa rent or p arents, and as t o such non-resident aliens the ra te of ,compensation shall not exceed thi rty-three and one-th ird per cent (33 1/ 3 % ) of t he ra tes of compensation herein provided. (1) The words "injuries sustained ln extrahazardous employment," a s used in this chapter shall include death resulting from injury, and injuries to employes, as a result of their employment and while at work in or ahout the premises occupied, used or controlled by the employer, and injuries occurring elsewhere while at work in place$ where their employer's business requires ·their presence and subjects them to extra-hazardous duties incident to the business, but shall not in,clude injuries of the employe occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of jVhich injury is not the employer's negligence; (m) The words "injury and personal injury" shall not include injury caused by the wilful act of a third person directed against an employe for reasons personal to such employe, or because of his employment; nor a disease, except, as it shall directly result from an injury incurred in the employment; (n) '"Invalid" means one who is physically or mentally incapacitated from earning wages. [L. '16, c. 124, §6; C. S. '20, §4321, as amended; S. L. '33, c. 129, §1. Whether employe•s work is C11SUal or for purpose of employer's trade or business, within this section,_ defining work• I· �7 8 WORKMEN'S COMPENSATION ACT depends on fncls of individual case. In re Knros, 34 . . House mover•s cmploye, dr1v1ng tractor, held, workman within comvcnsntion lnw, though Cn\Ployment wus casunl. Id. ' Subdivision (1) held , to include injuries suffered through the performance of all duties of the emplorment. whether mnin or incidentnl thereto but culled for by 1t. Ideal Ilnkery v Schryver, etc., 43 \Vyo.- , 299 P. 2 •I. • W~~'. 357, 243 P. 693. Cited In ro Martini, 38 Wyo. 172, 265 P. 707, annotnted under § 124-112. 124-108. Guardian may act for persons under disability. In case an injured workman is mentally incompetent or a minor, or where death results from the injury, in case any of his dependents, as herein defined be mentally incompetent or a minor, at the time when any right, or privilege accrues to him under this chapter, his guardian may, in his behalf, .claim and exercise such right or privilege and no ~~ I:;• ;; s~~l~ t~~ati!~:tf::~~e<!ni~o:~ ~1:~ia~~~. has no guardian. § 4322. [L. '15, c. 124 § 7; C. S. '20, 124-109. If other than em ployer is liable. Where .an employe coming under the provisions of this chapter r eceives an injury und°er circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and no legal liability attaches to the employer, then and in su.ch case such employe shall be left to his remedy at law against such other person, and compensation shall not be paya ble under this chapter. [L. '15, c. 124, § 8; C. S. '20, § 4323. 124-110. This chapter governs as to liability of employer. No contract, rule, regulation or device whatsoever shall operate to relieve the employer, in whole or in part, from any liability created by this chapter except as herein provided. [ L. '15, c. 124, § 9; C. S. '20, § 4324. Whether stipulation for reopening case on certain conditions after final judgment allowing com.vensation to injured employe is void, under this section. is immaterial in determining whether court bnd jurisdiction to reopen judgment, whi~h adopted the confirmed statements in stipulation nt least m part, Midwest Refining Co. v. George, 41 Wyo. 55, 281 P. 1005. 124-111. Blank forms supplied by state treasurer. It shall be the duty of the state treasurer to prepare, .cause to be printed and supplied free for use in the administration of this chapter such blank forms· as may be needed in the administration thereof, and the forms provided by the state treasurer shall be used as near as may be in all procedure under this chapter; and it shall be the duty of the state treasurer to provide himself with such other books, records, or forms as may be deemed necessary to expedite the transaction of business under the provisions of this chapter. The state treasurer shall also pr!?pare and ·cause ~-o be printed, for the information of employes and workmen, such �WORKMEN'S COMPENSATION ACT 9 helpful instructions as will assist injured workmen in correctly making .claims fo r compensation. [L. '23, c. 60, § 5 a mending L. '21, c. 138, § 4; C. S. '20, § 4325. 124-112. Reports of accident. Whenever an acci dent occurs, causing injury to any wo rkman engaged in any of the extra-hazardous employm ents defin ed by t hi s chapter, it shall be the duty of the employer and the injured employe, or som eone on hi s behalf, or in behalf of the injured employe's dependents, if he be killed or dies from the injury, within 20 days thereafter to make a repo r t of such accident and the appa1·ent injury resulting therefrom and to file said report in the office of the clerk of the district court of the county wherein such accident occurred which report shall state : (1) The name of the injured workman and the time, cause and nature of the accident and injm-y; also whether the injury has di sabled the worlm1an from continuing the performance of hi s duties; (2) Whether the accident occurred while the workman was engaged in the duties of his employment, and grew out of the employment; (3) The nature of the employment and the <luties and how long the workman has been engag ed in the service of such employer; ( 4) Whether the accident was or was not due solely to the culpable negligence of the injured employe and if so, a statement of the facts; ( 5) Whether the injured workman is married or single; whether he has a <l'ependent family, and if so, the names of the persons .comprising such dependent family and their place of residence; (6) Whether the injured workman intends to claim compensation under this chapter. Said employer's report of accident may be made upon a printed form prepared by the state treasurer for such purposes, and shall be verified as ple.a dings in civil actions. Wilful failure or neglect, on the part of any employer whose business or occupation is one enumerated and defined herein as being extra-haza1·dous, to report ac.cid'e nts causing injury to any of his employes, shall be a misdemeanor and upon conviction such employer shall be punished by a fine of n<:,t exceeding five hundred dollars ($500.00). The injured employe's report of accident may be made upon a printed form prepared by the state treasurer for that purpose. No order or award for compensation shall be made unless, in addition to the reports of accident, an application or claim for award is filed by the injured workman, or someone on his behalf, or in case of the death of the injured workman, by his dependents or some one in their �10 WORKMEN'S COMPENSATION ACT behalf with the clerk of the district court in the count; wherein such accident accurred, within five months after the day on which the injury occurred• provided, however, if the employe's report of ac: cident, is filed within the prescribed peiiod for filing an employe's report of accident, the period of limitation for 't he filing of such claim shall be nine months. l~either the report of accidents nor anything therein contained shall constitute a claim for compensation. The employe's cla im for compensation may be amended at any time before an original order of award has be n made in order that the workm a n may correctly set out the nature of his injury. [C. S. '20, § 4326, as amended by L. '27, C. 111, § l; L. '29, C. Gl, § 1. Cited in H otelling v. Fargo-W estern Oil Co., 33 Wyo. 24~, 238 P. 542 , :rnn.:itated u nder § 124- 101. Rcl)Or t f_ile<l by e mployer, concerning acc ident and injury suffe red the reby, is ordi nari ly admissible in evidence. Ideal Bakery ,·. Scluyver, etc . •JJ Wyo. - - . 299 P. 284. ( Limitation of time f or avn li caLion for compensnt:on by in• jurcd c mploye, held, nppliculHo to iniurie,; r ·ultin,g in death, In re Marti ni. 38 W yo. 172, 266 P. 707. L imi tation fo r filing claim by injured employc, held, npplicnl>lc to c laim by surviv ing 1>~ rents. l c.l. Th nt cmployc's su n ·i vi ng pnrcnls w re in lta ly , held , no e.x.. cuse for not filin g cl aim for compcnsn tion in time. Id . Lack o f knc,w ledgc as to limitation f or filing- c laim for com-pensution, hclJ, no e:\cuse fol' C:lilure to f ile claim within pre,. scribed time. ld . 124-113. Inves ti gation by the district judge--, Procedure in disputed cases. ·whenever an injury or death resulting from injury is reported to the clerk of the district court of the county wherein such injury occurred, in accordance with the preceding section,. it shall be the duty of said clerk to at •once notify the judge of said court, that such injury report has been filed in his office. It shall thereupon be the duty of said judge to investigate the nature of said injury and claim for compensation at the earliest possible date, in such a manner as he may deem necessary to ascertain whether the claim for ~ompensation or the amount therof, is dis.puted by the employer, and if there be no dispute, as to the right of the injured workman to receive compensation, or as to the amount thereof, and .the claim appear to be free from collusion, said judge shall thereupon make an order directing payment for such compensation from the state industrial accident fund in accordance with the facts by him ascertained and the terms of this chapter. If the judge finds it necessary to refer the matter to a referee for investigation, he shall make an order in the case to that end, and upon the approval of the referee's report by the court a fee may be ·allowed to the referee not to exceed in any one case such sum as the judge may fix to be taxed .and paid as costs. Where a reference is made, and, the evidence has been taken, and _reported to the court, u?on the consent of the pa~1es, the court may consider the same and render Judgment in vacation in �WORKMEN'S COMPENSATION ACT 11 any county of the state, allowing the parties to make oral argument , or file written briefs, subject to such rules of the court a s in other civil cases. If there be a di pute, as to the righ t of said injured employe or hi s dependent family tu receive .compensation, or as to the a mount there.of, then it shall be the duty of said judge to set the case down for a hearing at the earli est po sible date and to direct notice of such hearing to be issued by the clerk of sa id court for service upon the employer and the emp loye at least seven (7) days before the date fixed for said hearing, which a id notice shall be served by the sheriff of said county without expense to either party, except that hi s actual traveling expenses shall be allowed and taxed, a s .costs. The hearing hall be conducted upo n the statement and r eport fi led by t he employer, and such forma l claims as may be presented and fil ed with the clerk of the district court by or on behalf of the injured workman. If the employer, in his report of the injury, alleges that the injury was due solely to the culpable negligence of the injured emp loye, or that the claim for compensation i s one n ot coming within t he provisions of this chapter, then a jury may be demanded by either party and the cause shall be tried , as a court proceeding. If a jury i s demanded, it may be selected from names dr,a wn from the five mile limit jury box, as in civil cases, at any time m term time or vacation unless a regular jury panel be in attendance at the cou rt on the date a ny such hearing may occur. The taking of evidence hall be a summary, giving a full opportunity to all parties to develop the facts fully. , The official ,c ourt r eporter of the district court shall attend the hearing and make a stenographic report of the evidence without cost to either party. The court or judge shall direct the county and prosecuting attorney, or other competent attorney appointed by the court to conduet the examination of witnesses on behalf of the injured workman, and it shall be the duty of said attorney to appear and perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing. No costs shall be taxed by the clerk except fees for witnesses, who may be subpoenaed and who shall be allowed the same fees, for attendance and mileage, as is fixed by law in civil actions, and jury costs shall be taxed to and paid from the a.ccident fund, if the verdict and judgment be in favor of the employer; but if against the employer then he shall pay the costs. The injured workman, or his dependents, may have two witnesses, as of course at the expense of the fund; said injured workman, or his dependents, shall also be entitled to two more witnesses, in addition to the above, to be allowed by the court or the judge the1·eof, on making and filing with the clerk of the court an affidavit setting forth the necessity therefor. And the injured workman, or ~s �12 WORKMEN'S COMPENSATION ACT dependents, shall be entitled to more witnesses, at the e,xpense of the fund, to be allowed by the court or the judge thereof, when there is filed with the clerk of the court, addressed to the court, an affidavit stating what other witnesses are required, together with the facts expected to be proved by them, and should, the court deem the expected evidence material, then the court shall make an order authorizing the issuing of such subpoenas for witnesses as the court may deem necessary. This provision shall apply as well in the taking of depositions as in tria l to the court. At the conclusion of the heari ng, the court shall enter an order pursuant to the erdict of the jury, if a jury be called, and ii n o ju ry be called, t he court or judge shall render a decision upon the facts a nd law of the case pursuant to the provi ions of this .c hapter, and make an order a llowing or disallowing compensation, as the law and the evi dence may warrant. In any proceeding befor a court or judge, as aforesaid, the court or judge shall have authority to appoint a duly qualified impartial physician to examine the injured employe and give testimony. The fee for such service shall be five dollars ($5.00), unless otherwise ordered oy the court, with mileage allowance, a is allowed to other witnesses, which shall be taxed as costs, and paid as other witness fees are pai d. The employer or employe may, at his own expense, also appoint a qualified physician, who may attend a nd be present at any such examination of an injured employe and give testimony at such hearing or investigation. [L. '15, c. 124, § 12; C. S. '20, § 4327, S. L. '33, c. 129, § 2. This section docs not deny the right of an cmploye to be represented by coun sel. in view of § 12'1•1 28, relating to !ees of attorneys. Znncanelli v. Central Co1LI & Coke Co., 25 Wyo. 511, 173 P. 981. Court in compensation proceeding held. authorized to secure expert testimony on effect of injury, though bcnring on ultimate !net. Sakamoto v. Kemmerei· Coul Co., 36 Wyo. 325, 255 P. 35G. Refusal to take compensation case from jury ntter em• ployer admitted there was no evidence of workman's cupable negligence, held, not error. In re Hibler, 37 Wyo. 332, 261 P. G4S. HenNUY testimony of deceased employe's wife, concerning employe's stntC!mcnts relnting to injury, admissible where no object.on wu.s mnde at tri:ll. Ideal Bakery v, Schryver, 43 Wyo. - - , 299 P . 284. Citro in La. Chuppelle v. Union Pacific Con! Co., 29 Wyo. 449, 214 P. 587. annotated under § 124-101. Citro in Midwest Refining Co. v George, 41 Wyo. 55, 281 P. 1005, nnnotnted under § 124-140. Midwest Refining Co. v. George, 44 Wyo. 25. 124-11 &. Appeal to supreme court. Any order given and made in any investigation or hearing by a court or judge, pursuant to the provisions of this chapter, shall be 'reviewable by the state supreme court on proceedings in error in the manner prescribed by the code of civil pro,c edure; provided, however, that the petition in error, bill of exceptions and record {)n appeal must be filed in the supreme court within seventy (70) days from the date of r �WORKMEN'S COMPENSATION ACT 13 decision or order on motion for new trial by a court or judge, unless the time be extended by order of court or judge ; and fifteen (15) days shall be allowed plantiff in error thereafter for filing brief, and fifteen (1 5) days thereafter shall be allowed defendant in error for filing brief, and said appeal shall be a dvanced on the calendar and disposed of a s promptly a s possible. In case an appeal to the supreme court is prosecuted on behalf of the in. jured workman, t he county and prosecuting attorney, or other atto rney rep resenting said workman, shall order a t ranscript of the record of the hearing and proceeding to be prepared by the official court reporter of t he district wherein said injury occurred and duly certified witho ut cost to said injured .workman, and said county and prosecuting attorney or ·other attorney shall orde r the papers on file in the office of t he clerk of the district court to be by said clerk prepared, t ran scripted, certified and forwarded to t he clerk of the supreme court, without C{)St t o the injured wo rkm an, and the proceedin gs in the supreme court , shall be conducted on behalf of the injured workman by the attorney general of the state a s pa rt of his official dutie~, and by any other a tt{) rney representing said workman. In .ca se an appeal be prosecuted on behalf of the employer, the r ecord of the proceedings at the original hea ring shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. The court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment {)f said award or that portion thereof appealed from upon such terms as may to the court seem just and proper. [L. '31, c. 73, § 59, amending L. '25, c. 124, § 2; C. S. '20, § 4328. Law permitting retention of fees by reporter for trnnscripta held. not to repeal lnw requiring transcripts in com:vensntion cases to be furni shed without cost to parties. In re Winborne, 34 Wyo. 349, 244 P. 135. Cost of transcript, in appeal under this chapter, not contingent e.xpense vnyable out of industrial accident fund, nor from interest earned by rnid fund. Judgment on substantial evidence in compensation case i5 conclusive. McMahon v. Midwest Refining Co., 36 ·w yo, 90, 252 P. 1027. Where petition in error nnd record in compensation cnso were not filed within time limited, the supreme court wns without jurisdiction. Reitsma v. Standard Oil Co., 37 Wyo, 471, 263 P. 619. Motion for new trial, under this section, must be filed within 10 days from finnl order, and, where not so filed, error proceedings must be dismissed where motion for 11 new trial was necessnry. Standard Oil Co. v. Buchanan, 39 Wyo. 372, 271 P. 876. Procedure on 11,J)penl in ordinary civil cases applies to cases under compensation net, except as otherwise provided. Id. Assignment of error in motion for new trial not urged in brief is waived. Ideal Bakery v, Schryver, 43 Wyo. - - , 299 P. 284. Unless an appeal from an order, in proceedings under this chapter is perfected by filing record in supreme court within so day; thereafter as required by this section, or ns extended �14 WORKMEN 'S COMPENSATION ACT by order of court or jud,:!e, the su preme,. <;:ourt !ms no ju ris. diction of the cu.sc on np))e~t.l. In re h.nvokap1ch, 41 Wyo. 9, 281 P. 195 . . Failu~e of par~ics nppcalin~ ~rom award of ~Ort\J)cnsntion proceedings to fil e r eco rd wi thin statulory period required dismissal. Id . Case dismissed for failure to perfect appeal in time. Marsh v. Aljoc, 43 Wy o. - -. P roceed ings held, rcvicwab lc by direct appeal excc11t where altered, in view of this section. Mars h v. Alfo<?, 41 Wyo. 119, 282 P . 1055. District cour t lwl<l, nuthorized to m ak., second extension ordN· for perfe ctin g appea l to suprem e court. Id. Ri g h t of compensat ion clai mant to attorney gene ral's services must yi<?ld to state trcusu rer·• right t hc relo, when he .petitions t o rropen case. I d. . Supreme court hns no j urisdi ction o! np pc-nl in compensnlion p rocecdi11g-s tnkcn afte r exp iration o f s tat utory per:od, therefore wi th out order extending time. In re Cont ns, 4l Wyo. 59, 289 P. 368. Geneal terms o! co mpensation law, fi x ing time for (iling r ecord o n appeal, were n1>plicablc to fili ng record in compensation cases u nder subsequently created appellate Jnoccdure. In re Contas, 42 W yo. 04 , 291 P. 314. To entitle record on nppen l to be fi led within s tatutory p eriod, docke t i ces must be p a.id to clerk within timo al• lowed . Id . .Appell ant has duty o f seeing that his r ecord on appeal is forwa rded to supreme cou rt as required by law. Id . 124-115, Court order r ecorded-Copies to auditor and treasure r. Every order given and made by a district court or judge awarding payment from the indust rial accident fund to an injured employe or his dependent family, shall be entered of r ecord by the clerk of the- court where given and true copies thereof shall be immediately made and certified by said clerk and forwarded to the state auditor and: state treasurer, respectively, of Wyoming, and shall be by each of said officers entered upon a record to be h"llown as the .compensation docket, and shall be the authority and direc- • tion of the state .auditor to issue warrants for compensation awards against the industrial accident fund and for the state treasurer to pay such compensation awards from said fund. [L. '15, c, 124, § 14; C. S. '20, § 4329. Cited in La Cha ppelle v. Union Pacific Coal Co., 29 Wyo, 4.49, 214 P . 587, annotated under § 124-101. 124-116. Industrial accident fund - Appropriation. There is hereby created a fund to be known as the "industrial accident fund," which shall be held by the state treasurer and by him deposited in such banks as are authorized to receive deposits of the funds of the state. The treasurer in making said deposits shall divide the said industrial accident fund into two distinct funds, one to be known as the "general fund" and the other to be known as the "reserve fund." The "general fund" as near as may be, shall be used for payment of all awards, claims and items of expense chargeable against the industrial accident fund, and .the "reserve fund" shall not be used for any of said payments unless the "general fund" at the time is insufficient to �WORKMEN'S COMPENSATION ACT 15 meet the demands upon it, in which case the treasurer shall transfer from t he "reserve f und" to the " general fund" a sufficient amount to meet the • immediate demands upon said "general fund." The purpose of creating said "reserve f und" is to provide a f und within the industrial accident fund sufficiently large to pay great a nd unu sual demands upon the industrial accident fund which might be caused by a large disaster or by several such disasters occurring within a short time, a nd the "rese rve fu nd" shall be kept apart from the "general fund," and as near as may be unused in accordance with said purpose. The state treasurer shall set aside in the "re erve fund" at the end of each month twenty-five per cent (25 % ) of a ll moneys received in the industrial accident fund during said mont h in excess of the amount expended, the balance of moneys so received to be used in the "general fund." Three-fourths of the "reserve fund" shall be as near as may be kept invested in United States government bonds, state, co-un ty, school district or municipal bonds. All moneys received by the state treasurer under the provisions of this chapter shall be.come a part of the indu strial accident fund. All fees or mileage of witnesses, jurors and physicians adjudged to be paid from the accident fund in any court proceeding under this chapter, and a ll contingent expen es incurred in preparing for and in the administration of this chapter shall be paid from the industrial accident fund on proper vouchers and warrants. [L. '31, c. 73, § 60, amending L. '21, ~- 65, § 1; C. S. '20, § 4330. " Con t in gent expenses" payable out of in<lustrinl a ccident !und. refcl's only to expenses in administration of stnte departme nbi, does not include cost of transcript in appeal under this chapter. In re Winborne, 31 Wyo. 34U, 244 P. 135. 124-117. Every employer engaged in any of the occupations herein de.fined as extra-hazardous, is hereby required to pay into the state treasury for the benefit of the industrial accident fund a sum of money equal to one and one-half per cent (1½.%) of the money earned by each of his employes engaged in such extra-hazardous employment during each calendar month of such employment. Such payment shall be so made on or before the 15th day of the month follo,ving the month for which such payments are computed and paid. Each employer shall continue to. make monthly contributions as above provided unless his account, after making the hereinafter specified deductions therefrom, shall equal full two per cent (2%) of his annual payroll computed by multiplying his current month's payroll' of workmen engaged in eA'tra-hazardous employment by twelve and shall likewise be not less than three thousand dollars ($3,000.00) provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of �16 WORKMEN'S COMPENSATION ACT money (including the payments as above specified) equal to four per .cent ( 4 % ) of the money earned by each of his employes engaged in such extrahazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall n ot be compelled to contribute when his cont ributions in the fund, after making deductions as afor esaid, shall equal two per cent (2% ) of his annual payr oll, and shall likewise be not less tha n three thou sand dolla rs ($3,000.00). In additi on t o the other paymen ts r eqµired by this section to be paid into the indu strial ac.cident fund, every employer engaged in any of t he occupations herein defi ned as extra-hazardous shall make a payment to be known as a "service and policing charge." Su ch service and policing charge shall be ,paid by the employer into the st ate treasury for the benefit of the indu trial accident fun d and shall not be credited to the balance of the employer contributing. The amount of balance in t he industrial accident fund to the employer's credit shall not relieve him {)f his duty an d liability to pay the s·ervice and policing charge ; provided, however, that no employer who pays for an y calendar month four per cent. of the moneys earned by each of his employes engaged in such extra-hazar dous employment during such calendar month shall be .compelled to pay a service and policing charge for such month. The service and policing charge shall be computed on the monthly premium paid by the individual employer into the state treasury for the benefit of the industrial accident fund during each calendar month, or on the premium which the employer would have been required to pay had not the amount of the employer's balance relieved him from the payment {)f a premium. The amount of the service and policing charge shall be determined- according to the following schedule: Service and Policing Charge Where the monthly payment for month. is less than 10.00 ____________________ $ 1.10 10.01 to 20.00____ 2.20 20.01 to 30.00__________ 3.30 30.01 to 40.00____ 4.40 40.01 to 50.00_____ 5.50 60.01 to 60.00__________ 6.60 60.01 to 70.00___ 7.70 70.01 to 80.00,____ 8.80 80.01 to 90.00,____ 9.00 90.01 to 100.00,____ 9.50 100.01 to 150.00,____ 13.50 160.01 to 200.00,___ 18.00 200.01 to 300.00,____ 24.00 300.01 to 400.00.___ 30.00 400.01 to 500.00______ 35.00 500.01 to 750.00-____ 48.75 �WORKME N'S COMPE NSAT IO N ACT Over 17 750.01 t o 1,000.00 ___________ G0.00 1,000.01 to 1,500.00 ______ _____ 82.50 1,500.01 to 2,000.00 ___________ 100.00 2,000.01 to 3,000.00 ___________ 120.00 3,000.01 t o 4,000.00 __________ _ 140.00 4,000.01 to 5,000.00 ___________ 150.00 5,000.00 ____ _____ ____________ 175.00 P rovided, however, in t hat t he expense of the admi nistration of this chapter a nd of making the collections herein fix ed, is greater as to non-resident employers eng aged in extra-haza rdous occupations, th an such expense obtains to such employers bona fide domiciled within t he state of Wyoming, t he ser vice and policin g charge, upon t he monthl y premium paid by non-resident e mployers, engaged in extra-hazardous occupations, sha ll be double t he for egoing chedule, as t he same applies to resident employers engaged in e>..-tra-hazard ous occupations. " Non-re ident" employers of extra-hazardous occupations shall give bond or other security in the um of f ive hundred dollars ( $500.00), to be approved by the state treasurer or his deputies, before starting the work. The contract of aid bond or o the r ecurity shall be conditioned that the sa id employer will f aithfull y per form all t he du ties imposed by this act upon employers engaged in extrahazardo us occupations and promptly pay into the state treasury, a t t he tin1e a nd in the manner set forth in section 124-117 of t he Revi eel Statutes of Wyoming, 1931, and all acts amendato ry or in aid t hereof , t he sums of money required t o be 'J)aid by employers in extra-hazardous occupations. And to this end, " non-r esident" employer r. enga ged in ext ra-hazardous occupations are hereby required, before st arting -work, and fro m time to time after such work has been started, to report to the state treasurer the nature and progress of such work, the location of the same and the number of employes engaged in and upon the work and likely to be so engaged for the next thirty (30) days giving such fu rther and detailed information as the state t reasurer may reasona bly demand. The willful failure or negligence on the 'J)art of any " non-resident" employer of extra-ha zardous occupations to give said security, to make the reports, and/ or to furni sh the information required by this section, shall be a misdemeanor, and upon conviction, such employer shall be punisherl by a fine of not less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000.00), recoverable with costs in any court of competent jurisdiction. Provided, however, that "non-resident" employers of extra-hazardous occupations shall not be required to give bond or other security for any payment or payments required of them for the "service and policing charge" required by this section. And the requirements of this section that "non-resident" employers of extra-hazardous occupations shall give �18 WORKMEN'S COMPENSATION ACT bond or other security, shall not apply to "service and policing cliarges" herein provided. The t erm "non-resident" employers of extrahazardous occupations, in this connection, shall be construed as an employer of labor engaged in extrahazardous occupa_tions, who for the previous twelve mont hs has not been a continuous contributor to the compensation fund a s in this chapter provided, and who ha no t been a bona fide dom iciled in, ur a resident of the state of Wyoming continuously for the preceding t,-welve months next prior to engaging in the business of an "emplo ye r of labor in extra-hazardous occupation." When any s uch employer, shall contribute to said fund as r equiretl by this chapter, for twelve censecutive months immedi ately prior to the ,c ommencement within this state of the occupation, the r equirement to pay double the service and police charge shall cease. F or the purpose of encouraging care on the part of the employers and thus decreasing accidents to employ_es, and to the end that each employer shall compensate all injuries t o the workmen of such employer and not those of other employers, the state treasurer shall keep a separate account for each employer so contributing to said fund and shall charg against the account of each employer all warrants paid from the indu strial accident fund: (a) As awards for injuries to employes of such employer; (b) In payment of medical and surgical supplies and medical or hospital attendance of an employe of such employer; (c) In payment fo r investigatio ns of accid'e nts of such employer, o r in payment of investigations of injuries to his em pl oyes ; (d) In payment of witness fees in cases wherein an order of awa rd is g ranted to the employe of such emplo yer. [L, .'27, c. 111 § 2; L. '25, c. 124, § 3; L. '23, c. 60, § 7; C. S. '20, § 4331; S. L. 33, c. 129, § 3. Citc<l In re Winborne , 34 Wyo. 349; 2'14 P. 135, nnnotnted unde r g 12<1-114 . 124-118~ Filing of payrolls with state treasurer. It shall be the duty of each employer to forward to the state treasurer, on a blank form provided hy said state treasurer, a true copy of his payroll of persons in his employ engaged in extra-hazardous employment during the current calendar month, sworn to either by himself or the person having knowledge of said payrolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said state treasurer for the same; and any employer who shall fail neglect or refuse to furnish such true copy of hi; payroll �WORKMEN' S COMPE NSATION ACT 19 of per sons in hi s employ, or shall refuse to make the monthly premium pay ments as provided by the terms of this chapter whc_n they be.come clue, and against whom an award is made to any injured workman in his employ, shall be persona lly liable to the state of Wyoming, fo r the use a nd benefit of _th~ industrial accident fund, to be recovered by suit brought by the state on the relation of the state treasurer, in a sum equal to such award or awards as are entered for payment fro m the workmen's compensation fund of the state of Wyoming. 'fhe entry of fina l order by the judge of a district court having jurisdiction of such cause app roving and allowing an award of compen ation shall be prima facie proof of the liability of an employer so failing to ,comply with this provision of this chapter; provided, that non-resident employers, upon engaging in any extra-hazardous occupation a s defined in this chapter, and having in their employ workmen performing such extra-hazardous wor k, shall be deemed from the date of t he commencement of such work, to have designated the secretary of state of the state of Wyoming their agent for service of any process upon them in a ny a ction prosecuted hereinunde r; and f urther, provided, that the secretary of state, upon the receipt of any process shall send the same by registered mail to the address of the addressee only, and shall request that a return receipt for same be furnished. The provisions of this section shall not modify a ny other provisions of this chapter, but shall be deemed to be in a ddition thereto. It shall further be the duty of each employer heretofore mentioned to notify the state treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this chapter. Any failure of any su.ch employer to file with said state treasurer a copy of his payroll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavi t made as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed in violation of this section shall be punishable by a fine of not more than five hundred dollars ($500.00). [L. '29, c. 119, § 1, amending L. '27, • c. 111, § 3; L. '23, c. 60, § 8; C. S. '20, § 4332 124-119. Inspectors-Failure to pay assessment -Penalty. The state treasurer is authorized and empowered, for the purpose of enfordng the provisions of this chapter, to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the industrial accident fund. In case any employer engaged in any extra-hazardous business or industry 1 as defined by this chapter, shall fail or refuse to pay the assessment upon his current monthly �20 WOTIK ME N'S MOMPENSATION ACT payroll , as is required by th is chapter, he shall be guilty of a misdemeanor a nd shall be punished by a fin e of not more than fi ve hundred dollars ($500.00), and in addition to the said fine it shall be the duty of the atto rney general of this state to immediately brin g suit in t he name of the state for the benefit.. of the· industrial accident fund against such employer, for the collection of such assessment, and if a judg ment fo r the r ecovery of said a ssess ment be given in favor of t he state for the use a nd be nefit of t he industria l accident fund, said judgment sha ll be fo r double t he amount of the payroll as3essment provided in § 124-117, t ogether wi t h costs. [L. '27, c. 111, § 4, amending L. '23, c. 60, § 9, C. . '20, § 4333. 124-1 20. Compensation schedule. Each employe, who sha ll be injured in any of the extra-haza rdous employments as herein defined, or the dependent family of any such injured workmen, who ma y die a s the result of such injuries, except in case of injuries due solely to t he cul pabl e neglige nce of such injured mploye, shall receive out of the industrial accident fund, compensation in acco rdance wit h the follo wi ng schedule, and such payment shall be in lieu of and take the place of a ny and all rights of action agai nst a ny employer contribut ing, a s required by t his chapter, t o t he in du st rial a.ccident fun d in favo r of any person or persons by reason of any such injuries or death. (a) " Permanent partial disabilit y" means the loss of either one foot, one leg, one hand, one arm, one eye, or t he sight of one eye, one or more fingers, one or more toes, and dislocation where the ligaments a re severed, or any other injury known to surgery to be permanent partial disability. For any permanent partial disability hereinafter specifically described, resulting from an injury, the workman shall receive a lump sum as follows: For the loss of a thumb - - - -$ 337.50 For the loss of a first finger ________ 300.00 For the loss of a second finger _______ _ 225.00 For the loss of a third finger _______ _ 225.00 For the loss of a fourth finger ______ _ 225.00 For the loss of a palm (metacarpal bone) _____________ _ _ _ _ _ 900.00 For the loss of a hand ______________ 1,500.00 For the loss of an arm at or below elbow ---------------------------- 1,800.00 For the loss of an arm above elbow___ 2,000.00 For anky-losis (total stiffness of) or contrac~ tures (due to scars or injuries) which make the fingers more than useless, the -same amounts apply to su.ch finger or fingers (not thumb) as given above. '· �WORK MEN'S COMPENSATION ACT 21 The loss of a third or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of the more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. The loss of a third or distal ·phalange of any finger sha ll be considered to be equal to the loss of two-thirds of such finger. The loss of more t han the middle and distal phalanges of any fi nger shall be considered to be equal to t he loss of the whole finger; provided, however, that in no case shall the amount received for more t han one finger exceed the amount in this schedule fo r the loss of a hand. For the loss of a great toe ____________ $200.00 For the loss of one of the toes other than gre.a t toe _________ _____________ 150.00 The loss of more than two-thi rds of any toe shall be considered equal to the loss of the whole toe. The Joss of less than two-thirds of any t oe shall be considered equal to the loss of one-half of the toe, For the loss of a foot_ ______ ________ $1,200.00 For the loss of a leg below the knee __ 1,500.00 For the loss of a leg above the knee __ 1,800.00 For the loss of an eye or the sight thereof --------- ------------------ 1,800.00 For any other injury known to surgery to be permanent pa rtial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disa·oility based' as near as may be upon the foregoing schedule in every case of permanent partial disability the amount allowed for the injury shall be paid in monthly installments at the rate of fifty dollars ($50.00) per month if the workman be unmarried at the time of the injury, and at the rate of sixty dollars ($60.00) per month if the workman has a wife with whom he is living and in good faith contributing to her support at the time of the injury; provided, however, that the court making such award shall retain jurisdiction of the same until said award: shall have been fully paid, with power to modify or change the amount of the award to conform to any change in the condition of the injured workman, and shall have power at any time during said period, upon application and hearing, with notice to the employer, and a showing of the necessity therefor, to order all or any part of the unpaid balance of the award to be paid to the injured workman as a lump sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the workman from performing any work at any gainful occupation. Where there has been a �22 WORK.MEN'S COMPENSATION ACT previous disability or injury, as the loss of one eye, or the sight thereof, one hand, one foot, or any other previous permanent di abiUty or injury, the percentage of disability fo r a subsequent injury shall be determined by deducting therefrom the percentage of the previous disability or injury, as it existed at the time of the subsequent injury. When permanent tota l di sa bility 1·esults from the injury the workman sha ll r eceive the sum of four thousand dolla rs ($4,000.00 ), but in every such case the amount allowed fo r the injury shall be paid in monthly insta llments at the rate of fifty dollars ($50.00) per month if the wo rkman be unmarried at the time -of the injur y, and at t he ra te of sixty dollars ($60.00) per m onth if t he wo rkma n has a wife with whom he is living and in good faith contributing t o her suppor t at t he time of the injury; provided, howe er, tha t the .court mak ing such award shall retain jurisdic tion of t he same until said awards shall have been fully paid, with power to modify or chan ge the amount of t he award to conform to any change in th e condition of the injured workman, and shall ha ve power at any time during said period, upon application and hearing, with notice to t he employer, and a showing of the necessity therefor, t o order a ll or any pa rt of the unpaid balance of the awa rd t o be paid to the Injured workma n as a lump sum ; pr ovided, that if the workman sha ll die leaving an unpaid balance of the award, then such unpaid bal ance shall be returned to the indush'ial accident fund and be credited to the employer's balance. If the workman suffering such permanent total disability have a boy or boys under sixteen (16) years of age, or girl or girls under eighteen (18) years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children, a lump sum o! one hundred and t\venty dollars ($120.00) per year for each boy under sb..1:een (16) years until the time when each of said boys shall become sh..-teen (16) years of age, and a lump sum of one hundred 4nd twenty dollars ($120.00) per year for each girl under eighteen (18) years of age until the time when each of said girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed four thousand dollars ($4,000.00), and any and all awards made on account of any such child or children, shall be disbursed under a pl'Oper guardianship to be created by the court or judge making such award. (c) "Temporary total disability" means an injury which, though it may result or does result in a permanent total or partial disability, temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by �WORKME N'S COMPENSATION ACT 23 medical or surgical treatment and be able to re. s wne work; provided, however, that when s uch injury does result in either permanent total or par• tial disability, t hen and in that case, "temporary to tal disability" shall be limited to the time when t he "healing process" has taken place. In such case, if the workman be unma rried at the time of t he injury, he shal l receive the sum of fifty dollars ($50.00) per month, so l@g as the total disability shall continue. If he have a wife with whom he is living and in good faith ~ont ributing to her support at the time of the injury, he shall receive sixty dollars ($60.00) per mo nth, and if he have a boy or boys under si..xteen (16) years of age, or a girl or girls under eighteen (18) years of age, and in good faith supporting, or both, he shall receive fo r each o supported, seven and one-half dollars ($7.50) per month, but the total monthly payment shall not exceed ninety dollar s ($90.00) per month. No com. pensation, except the expense of medical attention, s ha ll be allowed fo r the first seven (7) days of disability, unless the incapacity extends beyond the period of twenty-·one (21) day , in which case the compensation shall run from the time of the injury. As soon as r ecovery is so complete that the earn• .ing power of the workman at any Jcind of work is 1·estored, the payments shall ,cease, but in no case shall the total payments made in such cases exceed in the aggregate the lump sum amount herein s pecified to be paid an injured workman for injuries causing permanent total disability. When the work• m an has non-resident alien children whom he is in good faith supporting, he shall receive only one-third of the sum above fixed for boys under s ixteen (16) years of age and girls under eighteen (18) years of age. (d) In all cases of temporary total disability, permanent partial disability and permanent total disability, the expense of medical attention and o:f care in hospital of the injured workman shall be paid from date of said injury, the expense of med.I• cal treatment not to exceed one hundred and fifty dollars ($150.00) in any case and the expense o:f care in hospital not to exceed one hundred and fifty dollars ($150.00) in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital, or the em• ployer furnishes adequate and· proper medical attention and hospital facilities to his employes; provided, however, that no bill or fee for medical attention or care in hospital shall be allowed or paid without notice to the employer and a hearing if requested by said employer. The state treasurer shall have the power to establish a schedule fixing the fees for which all medical, surgical, hospital or other legalized forms of treatment rendered to employes under this section shall be compensated. ,. i I I. �24 WORKMEN'S COMPENSATION ACT Each physician or surgeon attending a workman injured while engaged in extra-hazardous occupation shall file with the clerk of the court of the county within which such injury occurred and! with the _ state treasurer, under rules to be prescribed by the state treasurer, a full and complete report fully describing the nature of the injuries to such workman; provided, that such report shall not be required unless the disability r esulting from such injury lasts through the day or the injury requires medical -services other than the ordinary fi r st aid treatment. Any physician or surgeon failing t o file any report as herein provided shall be puni hed by a fine of not mo re than fifty dollars ($50.00). Where death r esults from an injury the expense of burial shall be paid not to exceed one hundred and fif ty dollars ($150.00) in any case, unless other arrangements exist between employer and employe under agreement. (1) But if the vorkman leaves a widow or invalid widower, to who m he or he has been regularly married by a marriage duly solemnized by a legal ceremony, provided, it shall not be made to appear that the surviving spouse was at the time of the workman's death eparated from such spouse by her own fault, such surviving spouse shall receive the sum of two tho usand dollars ($2,000.00), but in every such case the said awa rd be paid in monthly installments at the rate of forty-five dollars ($45.00) per month, upon proof made to the state treasurer that such surviving widow is still living and has not re-married. In case the award is in favor of an invalid widower, then and in that .case, proof must be made to the state treasurer, before any monthly installment is paid, that the said widower is still an invalid. Prnvided, however, that the court making such award may upon application and hearing, with notice to the employer and a showing of the necessity therefor, order all or any part of the unpaid balance of the award to be paid to th~ surviving spouse as a !um:> sum. If th~ surviving spouse shall re-marry before all of said award has been paid, then he or she shall only be entitled to receive the sum of two hundred and seventy dollar.:: ($270.00) out of the unpaid balance of said awarr'., and further payment shall cease, ,md any balance of the award shall revert to the dependent children, if any there be; and if there be no dependent children the unpaid balance of such award shall return to the general fund and the same shall be .credited to the employer's balance; if the surviving spouse shall die before all of said award has been paid then the unpaid balance shall revert to the depend~ ent children, if any; if no dependent children, then such balance shall revert to the general fund and be credited to the employer's balance; provided in any case, where the surviving spouse shall re-~arry or �WORKMEN'S COMPENSATION ACT 25 die before all of the award has been paid, t he remaining balance sha ll be paid to the surviving dependent chi ldren in the fo llowing manner; in as.certaining t he amount to be pa id to each surviving child in the case of male children, the age of such male child shall be figured from the time of the death or r e-marriage of such survi ving spouse until such male child attain s the age of sixteen (16) yea rs and in t he case of fema le children, the t ime shall be figured from the t ime of the death or r e-marriage of such surviving spou e until such female chi ld attains the age of eighteen (18) years, and the unpaid balance of such award shall be divided in each instance by the number of months between such periods of time. In case of the death of any such sur viving children, the por tion of such a vard made payable t o such child by t he terms hereof shall be divided among the surviving children pl"O rata ; provided, further, tha t if all of the surviving chi ldren should die befo re t he unpaid balance of the award is entirely di stributed, then the r emaining undistributed portion of such award shall revert to the general fund and be credited to the employer's balance; provi ded, furt her, that if it be hown that the sur viving spouse wilfully deserted deceased without fa ult upon the pa rt of the deceased, such surviving spouse shall not be regarded as a dependent in any degree, but in such case t he right of boys under sixteen (16) years of age a nd girls under eighteen (18) years of age to compensation sha ll not be defeated. If said workman leaves a surviving boy or boys under sixteen (16) years of age or girl or girls under eighteen (18) years of a ge, the guardian of such child or children appointed as hereinafter provided, shall receive for the use and benefit of said child or ,c hildren, a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving boy under sixteen (16) years of age until the time when each of said surviving boys shall become sixteen (16) years of age, and a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving girl under eighteen (18) years of age until the time when each of said surviving girls shall become eighteen (18) years of age; provided, that the aggregate lump sum paid to said guardian shall in no case exceed three thousand·, six hundred dollars ($3,600.00). In all cases where an order of compensation is made on account of boys under sixteen (16) years of age, or girls under eighteen (18) years of age, or both, or to persons incompetent, said fund shall be disbursed under a proper guardianship to be create~ by the court or judge making such an order. (2) If the injured workman die during the period of temporary total disability and after receiving compensation therefor, as herein provided, and his �26 WORKM EN'S COMPEN SATION ACT death be shown to have resulted fro m such injuries, the widow and the guardian of the work.ma n's boys under si:\.--teen (16) years of age a ncl girl s under eighteen (18) years of a ge shall be entitled to an award because of the death of the workman as herein provided, but the total amount of payments in excess of two thousand, fo ur hundred dollars ($2,,100.00) received by the injured workman during such disability and prior to his death sh a ll be proportionately deducted from the amo unts her ein provided to be paid to the surviving widow a nd the g ua rd ian of the workman's boys under sixteen (16) years of age and girls under eighteen (18 ) yea rs of age. (3) If any workman di e within one year from the date of r eceiving an award fo r permanent partial disability and his death be shown to hm·e resulted from the injuries for which the award was granted, the widow and the guardian of the workman's "boy under ixteen (16) years of age, and girls under eighteen (18 ) years of age sha ll b entitled to an award becau e of the death of the workman as her ein provided, but the amount of the payments received by the injured workman prior to his death s hall be proportionately deducted f rom the amounts herein provided to b paid to the surviving widow and the guardian of the worlanan's boy under sixt een (16) years of a ge and girls under eighteen (18) years of age. (4) If any workman die with.in two years from the date of receiving an award for permanent total disability a nd his death be sh own to have r esulted from his injuries, t he widow of said workman shall be entitled to a n awa rd because of the death of the workman as herein provided, but the amount of the payments received by the injured workman in excess of two thousand dollars ($2,000.00) prior to his death shall be d,e ducted from the amount of her award. (5) If the workman leaves no widow or widower, or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leaves a parent or parents surviYing, such surviving parent or parents, if lhing in the United States, shall receive a lump sum of fifteen hundred dollars ($1,500.00); provided, a parent or parents, who are dependents and who are -non-resident aliens, shall receive a lump sum of one-third of fifteen hundred dollars ($1,500.00). [L. '31, c. 94, § 4, amending L. '29, c. 48, § 1; L. '29, c. 64, § 1; L. '27, c. 111, § 5; L. '25, c. 124, § 4; L. '23, c. 60, §§ 10, 11; L. '21, c. 138, §§ 5, 6, 7; C: S. '20, § 4334; S. L. '33, c. 129, § 4. Under sub-division b hereof, policy to nllow more for children of !1 disnbled thnn. for those o{ 11 deccnscd workman held, ~ :u~t,~1/or the leg1slnture. In re Brennan, 29 Wyo. 116, 1 Awn.rd ior 11 permnnent totnl disability" mnde only in clear j �WORKME N' S COMPENSATION ACT 27 c:i.se. Sta nd a rd Oil Co. of Ind ia n a v. S ulli va n, 33 , vyo 22 3, 23i P. 253. E\li<lence show ing employe's loss o f fin s:rcrs . on . ~oth hnnds, held t o justi fy awa rd for ner m nnent total d1sub1 h t y. SakamoU> ,,. Kemmerer Con! Co., 36 W yo. 325, 255 P. 356. Sum paid for te mpon~•·y _t?ln l disa bili ty should be deducted from to tal pe rm a nent d 1sab1h ty award. I d. Emp!oye held , en ti tl ed ;o p ayment of. compen~ation in manner provided by statu te in effect at t ime o{ lllJ u ry. In ro Hibler, 37 Wyo. 33~. 261 P . 6•1 • Generally f\penkin g t.he lef!"islatu rc did not _ii:te nd do ub!c compcn c.ation t.o i njured cm1>loycs, unU cr 1H·ov1 s: 1ons o( Uu s sec• tion: Marsh v. A ljoc, 41 " 'yo. 220, 2tH P. 260 ; annot.ute<l also under § 12•1-137 . Sub. A. Sta ndard Oil Oo., (Ind. ) v . En·in , 44 W yo. 8 • 12•1-121. Additional compensa tion for disfigurement. In all cases of temporary total di sability ·o r permane.nt par tial disability where the workman shall suffe r per manent disfigurement to the face or head of a natu re so great as to affect the workman's earning capacity in securing employment, the workman shall r eceive, in proportion to the extent of such disfi gurement, a lunip sum in addition, not to exceed five hundred dollars ($500.00) . The court shall take into consider ation in making the a ward any former disfigu rement to the face or head of such workman. [L. '29, c. 64, s 2. 124-122. Compensation for hernia. A workman in order to be entitled to compensation for hernia must clearly prove: 1. That the hernia is of recent origin; 2. That its appearance was accompanied by pain, and discoloration and evidence of tearing of tissues were present; ul , ; 3. That it was immediately preceded by some accidental strain suffered in the course of the employment; 4. That it did not exist prior to the date of the alleged injury. If a workman, after establishing his right to compensation for hernia as above provided, elects not to be operated upon, and the hernia becomes strangulated in the future, the results from such strangulation will not be compensated. [L. '29, c. 110, § 1. ,. i, l 124-123. Forfeiture by injured employe-Payrnents withheld. If any injured employe shall persist in unsanitary or injurious practice which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this chapter; and .where an injured employe is under .care and treatment of a physician, he shall not be permitted to personally receive or use any �28 WORKMEN'S COMPENSATION ACT compensation payments allowed him under this chapter, except upon the order of such physician, but s uch pay ments shall be withheld and delivered to such inj ured workman upon his recovery or discharge by such physician. [L. '1 5, c. 124, § 20; C. S. '20, § 4335 . . M()di ficnti?n o f instruction ns to e f foct of inju rious prac... t1ces retarding recovery of inju red cmnloyc, held, not im... proper. In re H ibler, 37 Wyo. 3a2. 2G1 P . G48 . . :f!mploycr had burde n of p roof thut cm ployc persis ted in inJur1ou~ 1>1·a.cticcs retarding recovery. Id. To "persist'' in inhu·ious practice~ retardi ng inj ured em. . ployc'g recovery m an s to continue aguin:;t OJ>J:OS,tion or rem. . on stran cc. Id . 124- 124 . Exe mption from execution or attachment. o money paid or payable under this chapt er out of the industrial accident fund shall, prior to issuance and delivery of the warran t therefo r, be capable of being assigned, charged nor ever be taken in execution or by garni shment, or shall the same pass to any other person, by operation •o f law, except as permitted by subdivi sion {1) of paragraph ( cl) of section 124-120, Revised Statutes of Wyoming, 1931. Any such a ssignment, attachment, garnishment or charge shall be void. [L. '31 , c. 73, § 61, amending L. '15, c. 124, § 21 ; C. S. '20, § 4336; s. L. '33, C. s 5. Cited in La Chappelle v. Union Pacific Coa l Co., 29 Wyo. 44 9, 214 P. 5 7. 124-125. l\linor workman. A minor working at an age legally permitted under the laws of this s tate sha ll be deemed sui juris for the purpose of this chapter and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as expressly provided in this chapter; but in the event of a Jump sum payment becoming due under this chapter to such minor workman, the management of same shall be within the probate jurisdiction of the courts, the same as any other properties of minors. [L. '15, c. 124, § 22; c. s. '20, § 4337. 124-126. Extra-hazardous public work-Contract work. Whenever the state, county or any municipal corporation shall engage in any extra-hazardous work in which workmen are employed for wage·s, this chapter shall be applicable thereto. The employer's payments into the industrial accident fund shall be made from the treasury of the state, county or municipality. If said work is being done by contract the payroll of the contractor and the subcontractor shall be the basis of computation and in the case of contract work consuming less than one year in performance the required payment into the accident fund shall be subject to the provisions of this .chapter and the state for its general fund,_ the county or municipal corporation shall be entitled ,.: �WOR K.l"1E N'S COMPE NSATIO N ACT 29 to collect from t he contractor the full amount payable to the industrial accident fu nd and t he contractor, in t urn , shall be entitl ed to collect fro m t he sub-contractor his proportionate amo unt of payment; the provisions of t his ection shall apply t o all extra-haza rdous work done by contract , except that in privat e wo rk t he cont ract or shall be responsible, primarily and directly, to t he industrial accident f und fo r the proper percentage of the tota l payroll of t he work and fo r the amounts due it, and the owner of t he property affected by the cont r act shall be surety for such paymen ts. Wheneve r, a nd so long as under the state law, city charter or municipal ordi nance, provision is made fo r municipa l employes injm ed in the course of employmen t , suc h employe sha ll not be entitled to t he benefits of this chapter and sha ll not be included in t he payroll of t he municipality under thi s chapter. [L. '15;- c. 124 , § 23; C. S. '20, § 4338. Cited in- Leslie v. City o f Cns1)cr, 42 W yo. 44, 28' P . 15, annotated u nder § 12,1- 102 . 124-127. Safet y devices. Nothi ng in t his .chapter cont ained shall repea l an y existing la w pr oviding for the installation or m aintenance of any device, means or method for t h e prevention of accidents in extra-haza rdou work or fo r a penalt y ·or punishment for failure to install or maintain a ny such protective device, means or method. [L. '15, c. 124, § 24; C. S. '20, § 4339. 124-128. Unlawful to receive more than 5% of compensation for services rendered. It shall be unlawful for any person or a ny number of persons acting together or separately or in any way, in.eluding attorneys, agents, interpreters, and all other persons, to receive or agree to receive either directly or indirectly from any beneficiary or beneficiaries under this chapter, for services rendered or to be rendered, either jointly or separately, in relation to procuring any benefit or benefits under this .:hapter, any sum or sums aggregating more than five per centum of the whole amount received or to be received by such beneficiary or beneficiaries, on account of injuries to any employe, and in no event to exceed fifty dollars ($50.00). Every' person violating or concerned in the violation of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), to which may be added imprisonment in the county jail for a term not exceeding ninety days. It shall be the duty of the county and prosecuting attorney of the .county in which any injury occurs to give all necessary legal advice to any injured workman, or his dependents, who may seek advice in making and filing :i I i ·I f �30 WORKMEN'S COMPENSA_T ION ACT claims for co_mpensation, and to prepare all state~ ents of clan~ or other papers necessary or adVlSable to be fi led by such workman or dependents free o~ a ll cha r ges and .costs. [L. '21, c. 138 § s' amendm_g C. S. '20, § 4340. ' ' Cited in Znnea nc ll i v. Cent r a l Coal & O:>kc C ,, - w 611 , 173 P . ~ 1, annotat ed under § 124-11 3. o., _, yo. Cited ns to attorney's fees i n In re lliblcr 37 Wyo. 332, 2Gl P. G4 8. ' 124-129. Physicians r r quired to testify. Any phy ician having attended an employe in a professional capacity may be r equired to t estify before any court or judge when so directed in cases coming with in the provi sions of this chapte r, and the law of pri vi leged communication between physician and patient, as fixed by s tatute shall not apply in such .ca e . [L. '1 5, c. 124, § 26; C. S. '20, § 4341. Stnnd ru·d Oi l C;,. (Ind.) v. En·iu , 44 Wyo. , Osteopaths. 124-130. False sta tement by employe. Any employe or workman who shall make or cause to be made on hi s behalf any misrepresentation or false statement for the purpose of r eceiving compensation und er this cha pter to which he is not lawfully entitled shall be guilty of a misdemeanor, and shall on convicti on, be fined not more than three hundred dollars ( $300.00) , or impri oned for not more than runety (90) days. [L. '15, c. 124, § 27; C. S. '20, § 4342. 124-131. Annual report by state treasurer. It shall be the duty of the state treasurer to secure and compile statistical information concerning accidents occurring in the extra-hazardous empll,yments defined by this chapter, showing the number of accidents or fatalities occurring in each of said employments, the amount paid in by each employer .coming within the provisions of this chapter; the amount paid out on account of injuries, or death resulting from injuries in such employments; and any other information relating to the operation or administration of this chapter that may be of interest; and to make a full report thereof, together with such recommendations as he may deem proper for changes or amendments herein, and to publish a full report thereof, to the govemor, on or before the 31st day of December in each year. [L. '15, c. 124, § 28; L. '17, c. 69, § 7; C. S. '20, § 4343. 124-132. Examination by state treasurer. The state treasurer may, at any time on twenty-four hours' notice (unless such notice is waived by the employer), either in person or throug? any authorized inspector, agent or deputy, examme the bo~ks, accounts or payrolls of any employer at any time for the purpose of securing any information desired in the administration of this chapter. [L. '27, c. 111, § 6, amending C. S. '20, § 4344. �WORKMEN'S COMPENSATION ACT 31 124-133. Disabled w,o rlnnan examined by employer's physician-Recovery re~orte_d to court. Any workman awarded comp ensation for t emporary total disability under thi s chapter , a defined by clau,;e (c) of § 12'1-120 shall! if t hereafter r equested_ by his employer submit . h nnself fo r mechcal exammation by a ph ysician licensed to practice medicine in this state, at a place desi..,.na te d- by the employe r and which sha ll be rea onably convenient for the workman, and said work ma n may have a licen ed physician present of his own selection. The purpose of such examination ha ll be to determine whether the workman ha s recover ed so t hat hi s ear ni ng power at any ki11d of work is re tored. If it be agreed t hat the workman bas r ecovered so that h is earning power at any kind of work is restored, t he fact shall be reported by the employer and said physician to the judge of the district cou rt who made the award in the first instance, or if ther e be a di spute as to the recovery of the workman and his restoration to earning power, it shall be likewise repor ted to said judge, b y fili ng a statement in either case in the office of the clerk of the district court of the county where the award was made, and the matter shall be disposed of in such manner a s said judge may deem proper under the facts. If said judge find that said workman has recovered and has been restored to his earni ng power and t hat compensation hould be discontinued, his decision and judg ment in t he p remises shall be certified to the state auditor and state treasurer and shall be authority and direction to said officer s to discontinue compen sation payments. If the workman, in such case, refuse to suomit to such examination or obstructs the same, his right to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period of refusal. [L. '15, c. 124, § 30; C. S. '20, § 4345. Standnrd Oil Co.. (Ind.) v. Ervin, 44 Wyo. 88 Osteopaths. 124-134. Employes' statements of dependent persons. All employes or workmen coming within the provisions of this- chapter shall be rtquired, upon entering service in any of the extra-hazardous employments herein defined, to make and sign a written statement setting forth the names of the persons dependent upon them for support or constituting members of their dependent families, in each case giving the names and ages of their boys under the age of sixteen (16) ye&rs and girls under the age of eighteen (18) years. [L. '23, c. 60, § 12, amending C.-S. '20, § 4346. 124-135. Assignment of rights and benefits. All payments made into the industrial accident fund by an_y and every employer under the provisions of tins chapter shall be taken as paid and received in • I �32 WORKMEN'S COMPENSATION ACT consideration of the indemnity to such employer by r eason of his contributing to the industrial accident fund and in consideration of the payments made by ·ti1e state to such fund; provided, t hat when any employer engaged in an extra-hazard ous occupation a s defined in th is chapter , has heretofore sold and conveyed, or shall her eaft er sell and convey hi s or its property to a purchaser who cont inues to conduct and carry on said business a t the ame place, the sell er shall be entitled to tran fe r a nd a ssign to the purchaser all ri ghts, benefits, privileges and immunities accrufog to su.ch employer by virtue of any sum t hen o n deposit to his or its credit in t he industri al accident fund in the state treasury under t he provisions of th is chapter; and upon fi ling such a ssignment with the state treasurer , the purchaser sha ll succeed to all said rights, benefits, privileges and immunites of said employer. Said purchaser shall be s ubject to obligations of compensation against the seller incurred and existing at the date of such assignment; provided, that no part of any moneys so paid in by any employer shall ever be refunded to him, either during the time when he continues in business as such employer, or after he ceases such business ; provided, that ever y employer, operating under the provision s of t his chapter shall pay into said industrial accident fun d the sum of at least five thousand dollars ($5,000.00) ; and provided, further, if t his chapter shall be hereafter r epealed or held invalid, the moneys which a re in th e industrial fund at the time shall be di tributed as m.3y be provided by the legislature, and in default of such legislative provision, di stribution t he reof shall be in accordance with the justice of the matter, due 1·egard being had to obligati ons of compemation incurred and existing. [L. '21, c. 76, § 1, amending C. S. '20, § 4347. *124-136. Closing of accounts. Any balance standing to the credit ·of any employe r in the industrial accident fund for three years after said employer shall have ceased to engage in Wyoming in the occupation on account of which his said contributions have been made shall be debited from his account to the profit and loss account of said fund, and said employer's account shall be thereupon finally closed, and thereafter the said balance shall permanently remain a part of the industrial acci• dent fund. : ;; i 124-137. Actions against employer independent of chapter. Nothing in this chapter sl1all be construed to limit or affect any right or action by an employe against an employer for injuries received while in the employ of such employer when such (•This section ommittcd from Revised Statutes 1931) y lj �WORKME N'S COMPENSATION ACT 33 employer at the time of such injuries is not con• tributing to the industrial accident fund as provided in this chapter. [L. '23, .c. 60, § 13. ,\ f' - ( I I 124-138. Re-opening of cases. The state treas• urer shall have the 1ight to cause a ny case to be re-opened in which an order of award has been made, provided he shall cause a petition for the re-opening of t he case to be fi led with the court which granted the awa rd, within thirty days after the date on which the order of awa rd was received in the tate treasurer's office. Such pc:tition mu st show probable cause that error was made in the amount of the award, or the .character of t he awa rd, or t he grounds on which the award was made, and m ay specify as a reason fo r re-opening the case existing evidence not given in the or iginal hearing, showing the general nature and effect of such evidence. On the filing of such a petition and on the court fin ding that probable cause is shown thereby, the court hall stay the award, and upon reaso nable notice to all parties reopen the ca e and set the same for heating de novo. The tate treasu r• er may take such part in the new hearing as he may deem advisable and shall have ever y right and privilege of a party to the cause. He shall have the right of appeal to the supreme cour t from any order in such n ew hearing, either granting an award or refusing to grant an awa rd. He shall a lso have a right of appeal from an order refusing to re-open a case. In a ddition, and without the necessity of pre• senting any peti tion for the re-opening of a case to the trial court, the state treasurer shall have the right to appeal to the supreme court from any order or judgment in any district court of the state ,awarding compensation or declining to award compensation, although he was not a party to the proceedings in such district court. Upon the perfe.cting of any appeal instituted by the state treasurer the court allowing the appeal shall issue an order staying the execution of the order or judgment appealed from without requiring any bond. The attorney general, or his deputy or as• sistant, shall act as the attorney of the state treas• urer in all cases. All costs of new hearings granted upon the petition of the state treasurer, and all costs of appeals conducted by the state treasurer, shall be paid by the industrial accident fund, except such costs as the court in its discretion shall assess against any of the other parties to the cause. [L. '27, c. 111, § 7, amending L. '25, c. 124, § 5. Where the du ty of the nttorney general to represent compensation claimant in supreme court, ns i>nrt of his official duties, conflicts with his duties to net ns attorney for stnte treasurer in nil cases, the duty first mentioned must yeild to right of stnte treasurer to such services. Marsh v. Aljoe, 41 Wyo. 119, 282 P. 1056. In nction under workmen's compcnsntion ln.w, in which compensation wns awarded, application of state treasurer to �34 WORKMEN'S COMPEN SATIO N ACT reopen case on ground, nmong others, of Jwior disability, tihould not be determ ined on ex 1mrtc afriduvits, when l>nscd o n new C\•i<lcncc, since Jcg-is lnlure contcmp lutc<l that lrcnsurer Hhould be g iven nJvnnt.age o( rcgulur trial. DI:u-sh v. Aljoc, 41 Wyo. 220, 231 P . .!60. This section authorizing stntc treasurer to have cnsc reopcnc<l must be const1·ucd in light, of situation which w~ •oug ht to be remedied here by. Id. On stntc trcn surc r's applicution, bnscd o n new evidence, to reopen cusc, c0Ul't mu st reopen cuse, if the new e vidence wi lt have a material bcnl'in g . l <l. i, I I i I 1· 124-1 39. Bills to be ite mi zed-Time of filing. All bills for medical attendance, expenses or disbursements, and fo r hospital services, sha ll be properly dated, itemized and verified by t he claimant, or the same shall be disallowed by the court, and every doctor who shall attend an injured workma n shall within ten (10) days after the first of the m onth succeeding that in which he r endered services to t he injured wor kman file with the clerk of the di trict court of the proper county, his itemized a nd verified bi ll for all ervices render ed by hi m a nd expense incurred in behalf of the inju red workm an during the previous month, and shall send a. copy t hereof to the tate trea urer; a nd all claims fo r medical attendance or medical services not so filed wi t hin the time specified shall 'oe disallowed by the court. [L. '25, c. 124 , § 7. 124-140. Notifica tion by doctor. Every doctor who ,accepts the case of an injured workman, and every hospital which accepts the case of an injured workman, shall wi thin t en (10) days after accepting such case file a written notice thereof with the clerk of the di strict cour t, and shall send a copy of such r.otice within said ten (10) da ys to the state treasurer a nd another co py within said period to t he employer of the injured workman. Any doctor or ho,;pital fa iling or refusing to file t he notice within the time designated with the clerk of the court, or to send copies t hereof within said period to the state treasurer and the employer of the injured workman, shall forfeit any remuneration or award from the industrial accident fund for any services, care or attention rendered to such injured workman or any facilities furnished to him. [L. '26, c. ·124, § 8. 124-141. Awards. Every award within the meaning of this chapter is a judicial determination of the rights of the employer, the employe and the industrial accident fund as to all matters involved. Except as otherwise specifically provided in this chapter, the code of civil procedure shall govern in matters before the courts of this state in reference to the workmen's compensation laws. No a-ward of compensation or allow.ance of any expense or claim chargeable against the account of any employer contributing to the industrial accident -J �WORKMEN'S COMPENSATION ACT 35 fund shall be made wi t hout notice to such employer and hearin g, unless such employer shall in writing fil ed in t he court having jurisdiction consent thereto. Where th e employer cannot be personally ser ved, substit uted ser vice, a s provided for in t he code of civil proced ure,. may be had. [L. '25, c. 124, § 9; s. L. '33, C, 129 §5. An awnrd o f compensation to an inj ured crn oloyc is a · f inal judgment, un less t:: ~ prcssly reservin g juri sdictio n to reopen case . M idwest Refining Co. v. George, •11 Wyo. 55, 281 P . 1005, 124-1 42. Deferred payment account. Whenever an or der of award shall specify t hat the award is to be paid in monthly payment , t he state tr easurer shall charge the amount thereof against the account of the employer of the injured workman and shall transfer the amount of said award from the general f und into a deferred payment account, which account shall thereafter be a lone liable fo r the payment of the award . Intere t earned by the deferred payment account sha ll be paid in to the general fund, as well as all amounts repaid or r eturned to said general fund under the provisions of this chapter, or by reason of modification of orders of award. Whenever .a modification of an order of award increases the amount of the award, the additional amount shall be cha rged aga inst the employer 's acco unt .and t ransf erred from the g eneral fund into the deferred payment account, and whenever a modific ation of a n order of award decrea ses the amount of the a ward, the amoun t of such decrease sh.all be tra nsf erred from the defe r red payment account to the general fund and credited to the account of the employer. L. '27, c. 111, § 8. 124-143. Bribery. ·whoever corruptly gives, or promises to give pay, or imburse, or whoever offers to give, pay or imburse any court officer or employe, or any person employed or concerned under the laws of this state in the administration of this chapter, either before or after his election, appointment or employment, any money or valuable thing, or corruptly offers or promises to do any act beneficial to any person to influence his action or to secure his assistance in the administration of this chapter, and whoever, being a court officer or employe or a person employed under the laws of this state in the administration of this chapter, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administr.ation of this chapter, shall be deemed guilty of felony and upon conviction thereof be imprisoned in the penitentiary not more than • fourteen (14) years. [L. '25, c. 97, § 1. �TABLES 'I; ' for compu ting amo unts du e unde r the prov1s 1ons o f the Workmen's C o mpens atio n A c t and Peace Offic ers' Inde mity Fund. Following nre tables of monthly compensation fo r sevcrnl amounts allowed by lnw. computntions fo 1· which arc mado !or twenty-eig ht , thi rty a nd th irty-one d ny mon ths : Sing le 6.6 7 8.33 10.00 11. 67 13.33 15.00 16.67 18.33 20.00 21.67 23. 33 $50.00 31 J.6 1 3.23 •I. 4 6.45 8.06 9.68 11. 29 12.90 14. 52 16.13 17. 74 19.35 20.97 22. 58 :.!5.00 24 .l H so 26.67 28.33 30.00 3 1.67 33 .33 35.00 36 .67 38.33 40.00 41.67 43. 33 45.00 46 .66 48.33 50.00 25.8 1 27.42 29.0 3 30.6 5 32 .26 33.87 35.48 37. 10 38.7 1 . 40.32 41. 94 43 .55 45. 16 46.77 48.39 60. 00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Man nnd Wife $60.00 28 30 31 2. 14 2.00 1.94. 4.29 4.00 3.87 6.43 6.00 5.81 8.57 8.00 7.74 10.71 10.00 9.68 12.86 12.00 11.62 15.00 14.00 13.55 17.14 16.00 15.48 19.29 18.00 17.42 21.43 20.00 19.35 23.57 22.00 21.29 25.71 24 .00 23.22 27.86 26.00 25 :16 30.00 28.00 27. 10 32.14 30.00 29.03 34.28 32 .00 30.97 36.43 34 .00 32.90 38.57 36.00 34.84 40.71 38.00 36.77 42.86 40.00 38.71 45.00 42.00 40.64 47. 14 44.00 42.58 49.28 46.00 44.51 51.43 48.00 46.45 63.57 60.00 48.38 65.71 52.00 50.32 57.86 64.00 52.26 60.00 56.00 54.19 fi 8.00 56 .13 60. 00 58.0S 60.00 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 '! 28 1.79 3. 57 5.36 7.14 8.93 10.71 12. 50 14.29 16.07 17.86 19.64 21.43 23.21 25.00 26 .79 28.57 30.36 32.14 33.93 35.71 37. 50 39.29 41.07 42.86 44.64 46.43 48.2 1 50.00 30 1.66 3.33 5.0U Widower and one child S57 .50 28 30 31 1.85 1.92 2.05 l 3.83 3.7 1 2 4.11 5.56 6.16 5.75 3 7.42 8.2 1 7.67 4 9.27 10.27 9.5 5 12.32 1 1. 50 11. 13 6 14.37 13.42 12.98 7 15.33 14.84 8 16.43 17.25 16.69 9 18.4 8 20. 5-1 19. 17 18.5 5 10 20 .4 0 22.5 9 11 21.08 ll 24.6-1 23.00 22 .26 24.92 24 .11 13 26.70 14 25.97 28.75 26.83 30. 0 16 28 .75 27. 82 29.68 16 32 . 6 30.67 l.7 34 .9 1 32.58 31. 53 18 36.96 34. 50 33.39 39.02 19 36.42 35 .24 20 41.07 3 .33 37. 10 21 43 .12 40.25 38.95 22 45.1 8 42. 17 40.8 1 23 47 .23 44 .08 42.66 24 49.28 46.00 44.52 25 51.34 47.92 46.37 26 53.39 49.83 48. 22 27 55.44 5 1.75 50.08 28 67.50 53.6 6 51.93 29 55.58 53.79 30 57. 50 55. 64 31 57.50 Widower and Two chi ldren 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.32 4.64 6.96 9.29 11.61 13.93 16.25 18.57 20.89 23.21 25.54 27 .86 30. 18 32.50 34.82 37.14 39.46 41.79 44.ll 46.43 48.75 51.07 53.39 65.71 58.04 60.36 62.68 65.00 30 2.17 4. 33 6.50 8.67 10.83 13.00 15. 17 17.33 19.50 21.67 23.83 26.00 28. 17 30 .33 32.50 34.67 36.83 39 .00 41.17 43.33 45 .50 47.67 49.83 52.0 0 54.17 56.33 58. 50 60.66 62.83 65. 00 $65.00 31 2. 10 4. 19 6.29 8.39 10.48 12.58 14.68 16.77 18.87 20.97 23.06 25.16 27.26 29.35 31.45 33.55 35.64 37.74 39.84 41.93 44 .03 46.13 48.22 60.32 52.42 54.51 56.61 58.71 60.80 62.90 65.00 �38 WORKMEN'S COMPENSATION ACT Man, wife nnd ono child 1 2 8 4 5 6 7 8 0 10 11 12 13 B 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 28 2.'11 4.82 7. 23 9. 64 12.06 14 .46 16.87 19.29 21.70 24.11 26.52 28.93 31.34 33.75 36.16 38.57 40.98 43.39 45.80 48.21 50 .62 63.04 65.4 5 67 .86 60. 27 62.68 66.09 67,50 $67.60 31 2. 18 4.35 6.53 8.71 10.89 13.06 15.24 17.42 19.60 21. 77 23.95 26.13 28.31 30.48 32.66 34 .84 37 .02 39 . 19 41. 37 43.55 45.73 47.90 50 .08 62 .26 6•1. 44 56.61 G0 .75 68.79 63,00 60.97 65.25 63.14 67.50 65.32 67.50 30 2.25 4 .50 G.75 9.00 11 .25 13.60 15. 75 18.00 20 .25 22.60 24.75 27 .00 29.25 31.50 33.75 36 .0 0 38.2 5 40.50 42.75 45.00 47.25 49.50 51.75 54 .00 56.25 58.5 0 Man, wife nnd two children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 28 2.68 5.86 8.04 10.71 13.39 16.07 18.75 21.43 24.11 26.79 29.46 32.14 34.82 37.50 40 .18 42.86 46.53 48.2 1 50.89 63.57 66.25 68.93 61.61 64.28 66.96 69.64 72.82 76.00 30 2.50 5.00 7.50 10.00 12.50 15.00 17.50 20.00 22.50 26.00 27.60 30.0U 32.50 85.00 37.5 0 40.00 42.50 45.00 47.50 60.00 52.50 65.00 57 .50 60.00 62.50 66.00 67.50 70.00 72.50 75.00 $75.00 31 2.42 4.84 7.26 9.68 12.10 14.52 16.94 19.35 21.77 24.19 26 .61 29.03 31.45 33.87 36.29 38.71 41.13 43.55 45.97 48.39 60.81 53.22 55.64 68.06 60.48 62,90 65.32 67.74 70.16 72.58 76.00 Widower nnd three child ren 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.59 6. 18 7.77 10.36 12. 95 15.5 4 18. 12 20 .71 23.30 25.89 2 .48 31.07 33. 66 36.~5 38.84 41. -13 44. 02 46.6 1 49. 19 51.78 64. 37 66.96 69.65 62.14 64.73 67.32 69.9 1 72.50 30 2.42 4.83 7.26 9.67 12.08 l i1. 50 16.92 19. 33 21. 76 24. 17 2G .58 29.00 31.4 2 33.83 36.25 38.67 41. 08 43.50 45.92 48. 33 50 .75 53.1 7 65.58 68.0 0 60.<12 62.83 65.25 67.66 70. 08 72 .50 $72 .50 31 2. 34 4.68 7.02 9. 35 11.69 14 .03 16.37 18.71 21.05 23.39 25 .73 28.06 30. 40 32.74 35 .08 37 .4 2 39.76 42. 10 44.44 46.77 49.11 61.45 53. 79 66.13 58 .47 60.8 1 63. 15 65.48 67.82 70. 16 72 .50 Widower nnd four children 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 lfl 19 20 21 22 23 24 25 26 27 28 29 30 Sl 28 2.86 6.71 8.57 11.43 14. 29 17. 14. 20.00 22.86 25.71 28.57 31.43 34.29 37.14 40.00 42.86 45.72 48.57 61.43 54.29 57 .14. 60 .00 62.86 65.72 68.57 71.43 74.29 77.14 80.00 30 2.67 5.33 8.00 10.67 13.33 16.00 18.67 21.33 24.00 26.67 29.33 32.00 34 .67 37.33 40.00 42 .67 45 .33 "48.00 50.67 63.33 56.00 58.67 61.33 64.00 66.67 69.33 72.00 74.66 77.33 80.00 $80.00 31 2.53 6.16 7.74 10.32 12.90 15.48 18.06 20.64 23.~l 25.81 28.39 30.97 33.55 36 .13 38.71 41.29 43.87 46.45 49.03 61.Gl 64. 19 56 .77 59.35 61.93 64.52 67.10 69.68 72.26 74.84 77.42 80.00 -' ··--(! 1 �WORKMEN'S COMPENSATION ACT Mnn, wife nnd three children 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 2.95 6.89 8.8•1 11 ,79 14.73 17. 68 20.62 23.57 26. 52 29.-15 32 .4 1 3 5. 36 38.30 41. 25 44 .20 47 . 14 60. 09 53.04 65.98 68.93 61. 87 64.82 67. 77 70.71 73.6 6 76.61 79.55 82.50 30 2 .75 5.50 8.25 11. 00 13.75 16 .50 19.25 22.00 24.7 5 27. 50 30.25 33.00 35 .75 3 .50 41. 25 44. 00 46.7 5 49.50 52.25 65.00 67 .75 60.50 63.25 66. 00 68.75 71.60 74.25 77.00 79.7 5 82.50 S82.50 31 2.6 6 6.32 7.98 10.64 13 .31 15.97 18.63 21.29 23.95 2 6.61 29 .27 31. 93 34.GO 37. 26 39 .92 -12. 58 45.2'1 47.90 50 . 56 53.22 55.89 58.6 5 61. 21 63 .87 66.53 69.19 71.85 74. 51 77 .17 79.S4 82.50 MIL"Ximum 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 3.21 6.43 9.64 12.86 16.07 19.29 22.50 25.71 28.93 32.14 35.36 38 .57 41.78 45.00 48.21 51.43 64.64 67.86 61.07 64 .28 67.50 70.71 73.93 77.14 80.36 83.67 86.78 90. 00 30 3.0 0 6.00 9.00 12.00 15.00 18.00 21.00 24.00 27.00 30.00 33.00 36.00 39.00 42.00 45.00 48.00 51.00 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 78.00 Rl.00 84.00 87.00 90.00 $90.00 31 2.90 5.81 8.'il 11.61 14.52 17.42 20.32 23.23 26.13 29.03 31.94 34.84 37.74 40.64 43.55 46.46 49.35 52.26 55.16 58.06 60.97 63.87 66.77 69. 68 72.58 75.48 78.39 81.29 84.19 87.10 90.00 39 Widower nnd fiv e children 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2•1 25 26 27 28 29 30 31 28 3.13 6 .2 5 9. 38 12.50 15.63 18.75 21. 8 25.00 2S.13 31.25 34 .38 37.50 40.63 43.7 5 46.88 50.00 53.13 56.25 59.38 62.50 65.63 68.75 7l.88 7 5.00 78.13 81. 25 84.38 87.50 30 2.92 5.83 8. 75 l l.67 14. 58 17.50 20.42 23.33 26 .25 29 .17 32.08 35.00 37 .92 40.83 4 3.75 46.67 49.58 52.50 55 .42 58.33 61.25 64 . 17 67.08 70 . 00 n.n 75.83 78.75 8 1.6 6 84.58 87.50 $87 . 50 31 2.82 5.Ji5 8.-17 1U9 1'1.11 15.94 19.76 22. 58 25. 40 28 .23 31.0 5 33.87 36.69 39. 62 •12.34 4 5.)6 47.98 60.8 1 53.63 56.45 59 .27 62 . 10 6•1.92 67 .74 70. 56 73, 39 76.21 79.03 81.85 84.68 87.50 �. 40 WORKMEN'S COMPENSATION ACT Tnblc showing nmount by months nnd dnys, figured on basis o·f one child at rate of $120.00 ])Cr year. Month or day or 28 dny 30 day 31 day Months dnys month month monlh 1 $10.00 1 .36 .33 2 20.00 .32 2 .71 .67 3 30.00 .65 ll 1.07 1.00 4 40. 00 -98 4 1.43 1.33 6 1.29 50.00 6 1. 79 1.67 6 1.61 60.00 G 2.14 2.00 1.94 7 70.00 7 2.50 2.33 2.26 8 80.00 8 2.86 2.67 2.58 9 90.00 9 3.21 3.00 2.90 10 100.00 10 3.57 3.33 a. 2a 11 110.00 11 S.93 3.67 3.55 12 120 .00 12 4.29 4.00 S.87 13 4.64 4.33 4.19 14 5.00 4.67 4.52 15 5.36 5.00 4.84 16 5.71 5.33 5.16 17 6.07 5.67 5.48 18 6.43 6.00 5.81 19 6.78 6.33 6.13 20 7.14 6.67 6.45 21 7.50 7.00 6.77 22 7.86 7.33 7.10 23 8.21 7.67 7.42 24 8.57 8.00 7.74 25 8.93 8.33 8.06 26 9.28 8.67 8.39 27 9.64 9.00 8.71 28 10.00 9.33 9.03 29 9.67 9.35 30 10.00 9.68 31 10.00 �Peace Officers Inde1nnity Fund CHAPTER 83-ARTICLE 2 R. s. 1931 Section 83-201. 83-202. 83-203. 83-204. 83-205. 83-206. 83-207. 83-208. 83-209. Wyoming peace officers' indemnity fund. Officer s included. Limit of idem nity paid. P ayments to fund by counties. Payments to fund by state. Report of accident. Order of Court. P ower of State Tr easurer . Appeal by State Treasurer . 83-201. Wyoming P eace Officers' Indemni ty Fund. The fund accumul ated under this Article shall be known as t he Wyoming Peace Officers' Indemnity Fund. [L. '23, c. 97, § 1. 83-202. Officers Included. Such Peace Officers' Indemnity Fund shall be accumulated and maintai ned as herein provided for the purpose of providing indemnity to all penitentia ry wardens, deputy penitentiary wardens, penitentiary guards; guards of the Wyoming Industrial Institute, including the Superintendent and his deputies; agents of the State Department of Law Enforcement, and the Commissioner of such Department and his deputies, State Coal Mine Inspectors, and deputies, State Game and Fish Commissioner, and his assistants and deputies, and States Game Wardens; and all salaried sheriffs, under sheriffs, deputy sheriffs and constables employed by any county of the state of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in performance of their duties, the purpose of this article being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life and limb. This section shall not apply in any case where the injury occurred before the date on which this section is to take effect. [L. '31, c. 71, § 1, amending L. '23, c. 97, § 2. 83-203. Limit of Indemnity Paid. The indemnity which any such peace officer or his dependent family shall be entitled; to receive under the provisions of this article shall be computed acco'°ding to the -compensation schedule of the Wyoming Workmen's Compensation Law in effect at the time such in- �42 WORKMEN'S COMPENSATION ACT juries w: re received, and the procedure and for under thi s Article shall be as near as b ms may e theprocedure and fo rms provided by tl1 W 1 . e orunen's Compensation Law, it being intended that th W • p . e yorrung eace Officers' Indemnity Fund shall b d • • e a rrurus ter ed by the State Treasurer as near . .as may b e 1n the same . manner _as the Wyoming Work1 m_en ~ Compen at1on Law 1s administered, and that orde1s of award a nd .a ll other court procedure shall b e enter ed and conducted as near as may b · .h em accor d;i-nce Wlt t h~ procedu re provided by the Workm en Co1:1pen _at_1on L~w, and that any of the above peac_e office r s mJured m the line of his duties shall r ece~ve the same co-~1pensation which he would have 7·ece1ved had he received the sa me injury while working _for a n employer con trib uting to the Industrial Accident Fund, and sha ll receive the indemnity in the same man ner. [L. '23, c. 97, § 3. 83 -204. Pay ments to F und by Counties. Every county of the State of Wyoming is hereby required to p ay into the State Treasur y for the benefit of t he Wyoming P eace Off icers' Indemnity Fund a s um of money equal to one and one-half per cent ( 1 2 % ) of the money earn ed by each of its salaried sheriffs, deputy sheriffs, under sheriffs and constables during each calendar month in which they s hall be employed. Such payment shall be so made on or 'oefor e t he fifteenth day of t he month following t he month fo r which such payments are computed and paid. The State Treasurer shall keep a separ ate acco unt fo r each county so contributing to said fun d, and shall charge against the account of each county all wa r rants paid from the Wyoming Peace Offi cers' Indemnity Fund: (a) As awards for injuries to the above named peace officer s of s uch county: (b) In payment of medical or hospital attendance of such peace officers of such county; (c) In pavment for the investigations of injuries of such pea~e officers or in payment of investigations into the manner in which such injuries were received; (d) In payment of witness fees in cases where• in an order of award is granted to such peace officer of such county. Each county shall continue to make said monthly contributions as above provided unless its account after making the above deductions therefrom shall . be overdrawn, in which event said county. shall_ be required· to pay monthly a sum· of money (mcluding the said one and one-half per cent) equal to three per cent (3%) of the moneys earned by each of its peace officers during each calendar month _of such employment until such overdraft shall be paid. [L. '23, C, 97, § 4. �WORKME N'S COMPE NSATION ACT 43 83-205. Payments to F und by State. T he State of Wyomi ng hereby pledges itself to contri bute by biennial appropriations a sum of money equal to one and one-half per cent (!1,~% ) of t he mon eys earned by each of s uch peace officers in its employ, and agrees t ha t it s a ccoun t h all 'oe kept as near as may be in the manner in which t he .accoun ts of the coun t ies a re required t o be ke pt under t he provisions of thi s a rticle, and that simi la r charges fo r amoun ts paid out on account of or on behalf of injuries to its peace office rs shall be cha rged against its account . The tate of Wyoming fu r ther pledges itself that in th event its accou nt is overdrawn that it sha ll contribute a sum of money ( including the said one and one-half per cent) equal to three per cent (3% ) of the moneys earned by each of its peace officers. [L. '23, c. 97, § 5. 83-206. Report of Accident. Reports of accidents covering in juries to its peace officers shall be filed by the counties in the ame manne r and a t the sa me time as such r epor ts are requi red to be filed by employer contributing to the Industri al Accident Fund, and each State officer shall make similar reports to the cour ts of nil injuries to peace office rs employed in his depa r tment. [L. '23, c. 97, § 6. 83-207. Order of Court. Ever y ord er given and made by the Di str ict Cour t or J udge awa rd ing pa yment from the Wyoming P eace Office rs' Indemnity Fund to an injured peace offi cer or his dependent family shall be entered of record by t he Clerk of the Court -w here given and t rue copies thereof shall be immediately made and certified by said clerk and forwarded t o the State Auditor a nd State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a record to be known as the Indemnity Docket, and shall be the authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming Peace Officers' Indemnity Fund, and for the State Treasurer to pay such indemnity a wards from suc'h fund. [L. '23, c. 97, § 8. 83-208. Power of Sfl'.lte Treasurer. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this article. [L. '23, c. 97, § 9. • 83-209. Appeal by State Treasurer. The State Treasurer shall have the right to appeal to the Supreme Court from any final order or judgment in any District Court of the State awarding indemnity or declining to award indemnity, although he was not a party to such procedure in the District Court. The Attorney General shall act as the �44 WORKMEN'S COMPENSATION ACT attorney for the State in every such appeal, and each appeal shall be conducted without expense to the Wyoming Peace Officers' Indemnity Fund. {L. '23, c. 97, § 10. • �Coal Mine Catastrophe Insurance Fund CHAPTER 57-ARTICLE 7 R. S. 1931 / Section 67-701. Definition. 67-702. Payment by coal m1rung companies. 57-703. Losses in excess of $26,000 to be paid from fund. 57-704. Separate accounts to be kept. 57-706. U se of fu nd limited. 57-706. Penalty for failure to pay premium. 67-707. Authority to contract with insurance companies. 57-701. Definition. The word, " catastrophe," as used in this Art icle means a disaster in a coal mine or mines causing the payment thl'ough the operation of the Workmen's Compensation Law of t hi s State out of the Industri al Accident Fund of an aggr egate more than Twenty-five Thou and Dollars in compensations to workmen killed and injured and their dependents, growing out of any one accident or occurance, or series of accidents or occurrences arising out of one event. [L. '25, c. 159, §1. 57-702. Pa,yment by Coal Mining Companies. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is deemed necessary, each emloyer operating a coal mine or mines in Wyoming shall pay into the State Treasury monthly a sum equal to one-fourth of one per cent of his Wyoming payroll for the preceding months, such payment to be made on or before the fifteenth day of the month following the month for which such payments are computed and paid, the moneys so received to be placed by the State Treasurer in a fund to be denominated Cata~trophe Insurance Premium Fund. All moneys received by the State Treasurer under the terms of this Article, shall be paid by him out of the Catastrophe Insurance Premium Fund into the Industrial Accident Fund, monthly as received, and such payments shall continue to be made until the credit balance of the Catastrophe Insurance Fund in the Industrial Accident Fund is equal to One Hundred Thousand Dollars ($100,000.00), whereupon .such payments shall cease, to be automatically resumed, whenever and continue so long as the credit balance of the Catastrophe Insurance Premium Fund within the Industrial Accident Fund, is �46 WORKMEN'S COMPENSATION ACT below One Hundred Thousand Dollars ($100,000 00 . all such pay ments shall be credited general} t • I)' I n d us t na • I A cc1<lent • Fund instead of " · Y o .t 1e • . . oemg credited to any mcliVJdual employer contributing to either the Cata st rophe Insurance Premium Fund th • or e I n d ustnal Accident Fund. [L. '25, c. 159, § 2. 57-703. Losses in Excess of $25,000 to Be Paid from Fund. In consideration for such payments m ade or to be made from the Catastrophe Insurance Premium F und, the Industrial Accident Fund in the hands of the State Treas urer is hereby made a catast r ophe insurer as to catastrophes to the extent t?at such cat ast r ophes cause loss·es above Twentyfive Thousand Dollars to the Industrial Accident Fund. The f irst Twenty-five Thousand Dollal's of such loss hall in every case be charged against the employer in who · e mine or mines the accident may h ave occurred. The amount over Twenty-five Thousand Dollars shall be paid' from the Industrial Accident Fund and not charged against the employer in who se coal mine or mines the catastrophe occurred, but against the balance of the Catastrophe Insurance Premi um Fund. [L. '25, c. 159, § 3. 57-704. Separate Account to Be Kept. The State Trea urer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the Catas~rop~e In surance Premium Fund with all moneys by_1t paid into the Industrial Accident Fund and charg!ng the Catastrophe Insurance Premium Fund w~th all amounts paid out for catastrophes as herem provided. [L. '25, c. 159, § 4. 57-705. Use of Fund Limited. No money paid into the Catastrophe Insurance Pr~miu_m Fund' as herein provided shall ever be applied ~n 1y .~va~ other than by payments to the Industnal c~1 en Fund as herein provided. [L. '25, c. 159, § • 57 706 Penal~y for Failure to Pay Prerniudm. • • t ed b Y the . Treasurer un the er The •inspectors appom t for Section 124-119 shall also ~ft :-s msf~~:r;remiums purpose of enforcing the co ec ion o . coal mines. due the State from employers opefatmgshall fail or And if in any .case any such emp ~?'trmonthly payrefuse to pay the prem~u~tl~n h~ shall be guilty roll as is required by this c e nished by a fine of a misdemeanor a~d shall d~:/($ 500.00) Dollars of not more than Five ~un. . shall be the duty and in addition to the said ~mt~1t Staie to immedof the Attorne;,r ~eneral o o~ the State in the iately bring smt m the name t for the beneDistrict Court for the proper coun ~remium Fund, fit of the Catastrophe Insugnc:ollection of suc.li against such employer for e �WORKMEN'S COMPENSATION ACT 47 premium, and if a judgment for the recovery of such premium due be given in favor of the State for the use and benefit of the Catastrophe Insurance Premium Fund said judgment hall be for double t he amount of the Premium provided by this Article, together wit h cost . [L. '25, c. 159, § 6. 57·707. Authority t,o Contn:ict With Insurance Companies. The State Treasm·er, should he deem it advisable, is hereby authorized and empowered to make contracts on behalf of the State of Wyoming and the In dustrial Accident Fund with a n insurance company or companies, to provide fo r payment into the Indu. t ria l Accident F und' by t he insuring company or companies of a sum equal to the ultimate net loss which the Indu trial Accident Fund has or shall sustain by reason of any catastrophe, all for the purpose of authorizing the tate Treasurer to rei nsure the said atastrophe r isk with an insurance company or companie . The premium for any contract of reinsurance shall ·oe paid by the State Treasurer out of the Ind ustrial Accident Fund and charged against the account of the catastrophe Insurance Premium Fund. Every cont ract of r einsurance shall specify that the insuring company or companie reinsure the Industrial Accident Fund from los by reason of catastrophes during the term of such insurance, within the limit as to amount expre sec! in the contract, a nd that the in uring company waives all right to que tion any award fo r claims growing out of a catastrophe or claimed to grow ou t of catastrophe, and that the insuring company will accept as final the awards made by the courts under the Wyoming Workmen's Compensation Law, and will abide by such awards, and will promptly repay to the Industrial Accident Fund all the payments made by it during the term of such insurance under catastrophe awards. Each contract shall also provide that the insuring company disclaims all right to appear in or contest any proceeding under the Workmen's Compensation Law. No payment made out of the Industrial Accident Fund which is repaid to the Industrial Accident Fund by an insurance company shall be charged against the account of the Catastrophe Insurance Premium Fund or against the account of the employer in whose mine the catastrophe accurred. [L. '25, c. 159, §7. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workman's Compensation Act 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. May 1st 1933 Subject The topic of the resource Workman's Compensation Act, 1933 Description An account of the resource A booklet documenting one of the Workman's Compensation from May 1st 1933. It is stored in a orange folder with other Workman's Compensation files. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource H.R. Weston Identifier An unambiguous reference to the resource within a given context 1-0238 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.