1 10 348 https://haylibrary.cvlcollections.org/files/original/ebc35a3538dbe15f48b43859866026e3.pdf c72f14fd2f29d35a2ace585d8b6d841f PDF Text Text I STATE OF WYOMING 9 Workmen s Compensation Laws �1997 'W EIGHTS AND MEASURES jail for not more than one year, or by both such fine and imprisonment. [L. '21, c. 73, § 14. • 123-115. Definitions of terms. The word " person" as used in this chapter, shall be c011~ strued to import both the singular and plural, as the case demands, and shall include corporations, companies, societies and associations. The words "weights, measures or I and weighing or I and measuring devices" as used 123-115 in this· chapter shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments. The word "sell" or "sale"• as used in this chapter shall be construed to include barter and exchange. [L. '21, c ..73, § 15. �., ., CHAPTER 124. ' . .W o~kmen's ..Comp~nsation. S~ction. 124-137. R e-opening _of cases. 124-138. Bills to he itemiz!!d-J'ime of filing. 124-1 39. Notification by doctor. 124-101. Name of law. 124-102. General provisions. 124-103. Provisions exch1sive, · compulsor); and oblii,;atory. 124-140. Awards. 124- 141. Deferred payment account. 124-104. Extra-hazardous occupations defined. 124-1 42. Brib ery. 124-105. Exceptions. 124-101. Name of law. T hi s chapter shall be kn ow n as th e " wo rkmen 's compensation 124-106-7. Definitions. 124-108. Guardian ma y act for persons un de r cfo ability. 124-109. If other than employer is liabl e. 124-110. This chapter govern s as to liab ility of em• player. 124-111. Blank forms supplied by state treasurer. 124-112. Reports of accident. 124-113. Investigation by the distr ict jud ge-Pro -cedure in disputed cases. 124-114. Appeal to supreme court. 124-115. Court order recorded- Copies to au dit or and treasurer. 124-1 l(i. Industrial accident fund- Ap prop ri ati on. 124-117. Employers' assessments. 124-118. Filing of payrolls with ~tate treas urer. 124-119. Inspectors-Failure Penalty. to pay assessment- 124-120. Compensation schedule. 124-12_1. Additional compensation for disfigur ement. 124-122. Compensation for hernia. 124-123. Forfeiture by injured em ploye-Paymcnts withheld. 124-124. Exemption from execution or attachment. 124-125. 1'.Iinor workman. 124-126. Extra-hazardous public work work. 124-127. Safety devices. Contract Unlawful to receive more than 5 per cent. of compensation for services rendered. 124-129. Physicians required to testify. 124-128. 124-130. False statement by employee. 124-131. Annual report by state treasurer. 124-132. Examination by state treasurer. 124-133. 124-134. Disable_d. workman examined by employer's phys1c1an-Recovery reported to court Employes' statements of dependent pers~ns. 124-135. Assignment of rights and benefits. 124-136. Actions against employer independent of chapter. law ." [L. '15, c. 124, § 1 ; C. S. '20, § 4315. \ Vorkman' s compensation act w ould be valid as to t he remainder even if th e provi sion for non-paym ent fo r the fi r s t ten days was in valid, being severable. Zancanell i v. Ce ntra l Coal & Coke Co., 25 W yo. 511 , 173 P. 981. V·/ o rkm en's compe nsation act is valid, and not contrary to an y prov ision of the state or federal constitut ion . Id . \ Vorkm en's compensation act does not violate am endment to ca ns t. art. 10, § 4, providing compensati on " to each p rso n inju red," in that no compensation is allmved fo r fi r t 10 days of disability. Id. \ Vorkm en's compe nsat ion act, § 124-113, does not deny the rig ht of an ern ploye to be r epresented by coun el, in view of § 124-128, r elatin g to fees of attorneys. I d. \ \' orkmen's com pensat ion act is not unconstitutional in that the provision t hat children over the age of 16 s hall not be cons idered dep endents unless incapacitated . I d. \ Vo rkm en' s compe nsation act is not unconstitutional in th at nonresid ent alien family of deceased employe shall r eceive onl y 33 per cent. of amount allowed to residents of state. Id . This chap ter held, not based on unreasonable classifi cation, citi ng const. art. 1, § 34. Ideal Bakery v. Schryver, 43 Wyo. -, 299, P. 284. U nder § 124-124, providing that no money payable under this chapter, shall, prior to issuance and delivery of warrant th er efor, "pass to any other person by operation of law," the rights of an injured employe to compensation provided for in §§ 124-102, 124-103, 124-113, did not pas to his administrator as an asset of his estate on his death after award had been made, but before the issuance or delivery of the warrant provided for in § 124-115, since in its ordinary ~nd usual sense within § 112-101, the phrase "by operation of law," when used to describe a method by which title to property is transferred, includes a transfer by intestacy. La Chappelle v. Union Pacific Coal Co., 29 Wyo. 449, 214 P. 587. This chapter cited in State v. Carter, 30 Wyo. 22, 43, 215 P. 477, 484. Findings on evidence in compensation contest conclusive. Standard Oil Co. of Indiana v. Sullivan, 33 Wyo. 223, 237 P. 253. . . ~ ward not conjectural, though different find mg Justified. Id. • Under this chapter there is a prima facie right to ~o_mpensation when disability or death is result of ad lllJUry sustained in extra-hazardous employment ayi the right thereto should not be denied unless the mjury was due solely to the negligence of the w!'rktnad whose injury or death is the basis of the claim,. an the burden of proving such affirmative defense is on �1999 WORKM E N'S ' ,C0MPENSATION: thi;; en1ployer, in view of§ 124 7 U 2. Hotelling y. Fargo\,Ves tcrn Oil Co., 33 W yo. 240, 238 P . 542. ' ·: Total disability should not be declared pe rman ent. ' unless certain . Car ter Oil Co. v.· Gibson, 34·•\i\Tyo. "53, • 241 P. 219. • • . , · ·,, Evi~ence held, to justify,, finding that to tal disabilit v was permanent. . Id. :.·. , • , • • L _cgislature . (nay in1!)_ose duty. on court report e·r 'of 111 akm g transcripts of eompen sa t1 on cases free of cost In re ·win borne, ·34 W yo'.• 349, 244 P . 135. . • This chapte r cited. in sonstruing §§ 124-104 a1id 124107. In re Kara s, 34 ·Wyo. 357, 243 P. 593. Rule that in case of, conCTictin_g ev iden ce aJ)pellate court_ ., \1 ill _not reve rse jud&'ment supported l,Jy sub- · stant1al evidence, held, appltcablc t o case s itndcr this chapter. l\kl\fahon , •. Midwest Refinin g. Co., 36 vVy'o. 90,.252 P. 1027. • . ,·· . , , 1• T his chapter cited in con struin g cer tain cclions here of. In re Hibler, 37 W yo. 332, 261 P . 648. This chapter cited in' Rcint'sma· v . Stand:m l •O il Co. 37· Wyo. ·471 , 263 P. 619, an.no la ted under § 12+-J 14. • ' Cited in const_ruing §· 124-112. In r e :Marti ni, 38 Wyo. 172, 2?5 .P .. ,?0~. ., , , ,·, . . ~24-102. ·- Gene·ral provisions. • Compe1_1sati or.· hen;in prov ided for shall be 'payab le t o persons injtired jn extra-hazardottS employmen t , as herein defined, or th e depeilderit families of such, as die, as th e resu1t ·of .such inj uri es, except in cas_e of injuries due-solely t o th·e culpabl~ neglige1~ce of the injured employ es. Said compen sation shall be payable frorn •fon cJs •in the state treasu ry to be accumulated an d maintaine in the manner ·herein provid ed. Th e ri 0 :ht of each employe to compensation · from such funds shall be in lieti of and shall t ake the place of any and all rights of action aga inst· an y employer contributing, as reqtiired by law;·t o ~uch fund in favor of any such person or persoris by reason of any such injury or cle'ath. Sections 23-129, 89-403 and 89-404; ind all laws or part s of la,vs relating to damages for injuries or death from injuries or in anywis·e in °co'nflict wi~h this chapter 'are hereby repea\e·d, as to the . employmel}ts, employers and employ es coming within the-terms of this chapter. [ L. ' 15, c. 124, § 2; C. S. '20, § 4316. Quoted in Zallranelli v. Central Coal & Coke Co. 25 Wyo. 511, 173 P . 981; and in Ideal Bakei:3• v'. Schryv'er, etc., 43 '\,\Tyo.-, 299 P . 284. . . Cited in La Chappelle v. Union Pacific Coal Co., 29 \i\Tyo. 449, 214 P. 587, annotated under § 124-101. . The. word. "solely," as used in Const. art . . 10, § 4, and tlus· section, enacted pursuant , to authority there given, is a word of exclusion, and may be used to mean "only" or "exclusively," and as used must be given a reasonable meaning, in view of the known · policy of this chapter, Hotelling v. -Fargoa\i\'estern , Oil Co., 33 Wyo ..240, 238 P. 542. .. : . Proof held, .insufficient to sustain 'a ffirmative de- ' fense that workman's· death w~s due solely to his own ' negligence; fellow workman's negligence immaterial. Id. • City. employc, injur~d ,~bile impoun~ii'ng , animals, which occupation was not within ·.compensation 'law,-· could not recover compensation; though - also -cm: ployed as truck driver; which, ,w as within. law. Leslie.; v. City of..,Ca~per, - 1~· W.yo. 44,, ~&8 f,::15, •. ,. ,"• 124-104 •124'-~?3; P~ovisions_ exclusive, ~compulsory a~d o~hga~ory. The nghts' and rerhed-ies ' pro: v1ded 11: tJ11s chapter f9r an. erµploye on account of an · 1113ury shal l, .be exclusive of ,all other rig hts and remedies of -such: 'employe,· his person~! :,or legal repres q~}~tiv~s '. ;?f ? ~pen ~le11t family a! ~ 0 111111011 1<1:w ~r. othe,.-w1s!! ~n accott'nt of such 1113ury; and the, term s ; aonditions and prov jsions. of this ,a~apter ~or ;\ he ,payment 'of compensat10n and the amount th ereof for ibjuries sustained or death resultiri'o-'· £;01;~ ·s·uch · injl;lrjes· shall •be e.--xclusive;.•:compulsory· "and ob_l1~ato r)~ upon both emplorers a11d employes , commg ,v1th111 the •prn.visoions here:of. [L.. '. 15 1 C. 124, § 3; G. s. '20, §.4317., :, ,,,,:, i Quoted in ·zanc'a nelli · v. Ceniral' Coal & Coke · Co.', 25 W yo. 511 , 17'3 P. 981. . • . ·., ! • ·, , ,· Cited in J:,a Chappelle v. Union Pacific ,{::oal Co., 29 W yo. 449, 214 P . _587, ,an,1~otate<\ und er .§, ,l ~4°-10l. - 1.24-104. Extra-hazardous occupations de 0 fined. ·The extra-hazardou~ occupations to w hich -~hi s chapter is app licable are as fo ll ows :: F actories, garag es, mill s, pri11ting p·la nts and · ,~_or kshops wry er e. i;na~hiq ery is used; , fo;und n es, blast fun1aces, mines, oil wells, oil refin- • e,r ies, g asoline fi lling station ~ a nd bulk oi l stat io ns,. gqs work~, 11atural' ga . pla.n ts, · w~tyr works, reduction works, Qreweries, elevat ors,cfr ~dg es,. e.._xcava tions, trai1 sfe r. comp~nies; g~nerql t eamin g, .general trqcking, ditch rider of irrigation ~listricts, ·smelters~ powder works, . laundries operated, by power, . re~taurant an~ bakery kitchens ,where .· powei: .rp.aC;hinery is, used, quarries, . engipe~rip g ..works,.• loggin g, · lumber yards, Jumber~11g and, s;iw, mill ,operations, dude ranching, street and , interurban . railroads not engaged in int'e rstate. commerce,. buildings being constr;,c t~d, ·.repaired, . IT\cry.ed: or demolished, pa_inting .~per~tions, teleph9ne, telegraph, electric liglJt- or , power: plants or , lines, steani heating or power plants, railroads . not engaged in, interstate convnerce, bridge'. building, the , occupation~ . of .~jty 9r towp. :fire- , men and city or tow:n , policeme:i; ,_and all employments wherein a process requiring the use of any dangerous .explosives .oi:, i~1flamrqable materials is carrie_d..ori,,.which is co.nducted fot;' the pvrpose of business frade or gain, each of whi.ch employment is hereby d_e termined to he extra..:hazardous and in which,, from the nattJie,' conditions or.meaps of prosecuti.on of the ,worktherein r~qu\reci r}sks ,,to. the.,life and li~b .cf th~ wotk.meJ.1 e11gf1ge~ -: t~!!rein , ·fre ,1j1h.en;nt, , necessary or. substilntI~ll:r,., unavoidable. .This . cllapter shaiLnqt .a,pply tn' any, case ,;.,,i1ere the injl).ry 'qccur,re~ befo1-:e .this _c,1.'ia:i:iter' takes eff~ct, and to. ~11,- dg~ts . ,y hich ~~v.e ;ac~rued •by r~ason of any ·such_. 1~jµry 1 :pfi~r. :!~ :the _taking ,effect ~f this__ c:hapter~ _1,haH ,be,s,ax-ed -the re_medie$ now ~isti1_1g th~r~f~r:, ·,{ l;,,,{3Ji,-~.,·?4d l,· amendipg 0 �F 124-105 WORKMEN'S COMPEN SATIO N 2000 a part of the plant includin_g elevators, wareL. '29, C. 46, § 1 ; L. '23, c. 60, § 1 ; L. '2f, § 138,_ houses and bunkers, saw _mill, sash factory or § 1; C. s. '20, § 4318. • • other work in th e lumber mclustry; Questions of negligence for injury received Jn e~(cl ) "M in e" m ean s _a ny _ope_nin g i1~ th e earth tra-ha za rdous occupation s stated. Hotelling v. •arg .- for th e pur pose of extractmg iron, 011, coal, or 2 ·w estern Oil Co., 33 Wyo. 240, 238 P . 54 • d l • ing oth er min~rals an d all un de_rg round workings, Plasterer, contracting to mo".e hou~e an . 1 !r s h,e lper, held, employer engaged m movmg butldm g • slopes, dnfts, shafts, gall eries, w ells and tunIn re Karos,. 34 '"'yo. ~57, 243 P. 593. 44 288 nels, and oth er ways, cuts and openings conCited in Leslie v. City of Casper, 42 W yo. , nected th erew ith, including those in the course P. 15, annotated under § 124-102. ,, Quoted in Ideal Bakery v. Schryver, etc., 43 '" ) o. of bein g opened, s unk or driven, and includes all th e app urtenant structures or machinery , 299 P . 284. 124~105. Exceptions. This chapter shall not at or about th e openings of th e mine, and any· be construed to apply to business or em ploy- adj oinin g ad jacent work place w here the ma: ments, which, according to law are so en_gaged teri al fro m a m ine is prepared for use or shipin interstate comm erce as to be not subj ect to ment; (e) "Quarry" m eans an y place, not a mine the legislative power of tl1e.state nor to persons injured while they are so engaged , nor to any' where stone, slate, cl ay, sand , g ravel or othe; employe engaged in domestic service, ranch, solid material i clu<Y or oth erwise removed farm , agricultural, or horticultural labor,. or from th e earth for t he purpose of trade or barstock raising, or any person holding an appoin t- gain or of th e employer's trade or business; (f) "Building work" mean any work in the ment as sheriff, or deputy sheriff, or constable or deputy constable. [ L. '23, c. 60, § 2, am end- erection, con truc tion, exten sion, decoration alteration, repair or demolit ion of any building ing C. S. '20, § 4319. or structnral appurtenances; 124-106-7. Definitions. In thi ~ chapter un(g) "Engineering w ork" means any work less the context otherwise requires: in th e con tructi on, alteration, extension, repair (a) "Factories" mean any premises wherein power is used in manufactur ing, making, alter- or demoli tion of a rai lway (as hereinbefore deing, adapting, ornamenting, fin.ishing, repairing fined ) brido-e, jetty, dike, dam , reservoir, unor renovating, any article for the purpose of derg round conduit, sewer, oi l or g as well, oil trade or gain, or the business carried on therein, ta~1k, gas• tan!{, w~te~ tank or towe r, or any including expressly any brick yard , meat pack- caisson work 111 artific ially com pressed air, any ing house, foundry, smelter, ore reduction work in d redging, work on log or lumber ,rafts works, lime-burning plant, stucco plant, steam or ~oom s; pile driving, mov in g buildings, heating plant, electric lighting or power plant, ~ovmg safes, or in laying, repairing or removincluding all "·orks in or directly connected mg underg roun d p ipes and conn ections ; the with the construction, installation , operation , er~ction, installing, repairing, or removing of alt:ration, removal or repair of ,yires, cables, b?tl ers, _furnaces, eng ines a nd power machinery switchboards or apparatus used for the tran s- (mcluclmg belting and other connections); missiot; of e~ectric current, _arid water power and ~ny :work in grading or excavating where plant, mcludmg tower and standpipes, power shon!1g 1s necessary or power machinery or plant, b_last furnaces, paper mill, printing plant, blastmg powder, dynamite or other hia-h exflour mill, glass factory, cement plant, artificial pl~sive is in use ( excluding mining and° quarg~s plant, machine or rep~ir shop, oil plant, rymg); 01! refinery plant and chemical manufacturing _(g-1) " Dude ranching," for the purpose of plant; this chapter is defined and means a ranch con(b)_ "Work shop" means any yard, plant, ducted primarily for the accommodation and premi_ses, r~om or place where power driven ente_rtainment of guests for monetary considmach!nery is employed and manual labor is eration; e~erc!se1 by way of trade or gain, or other(h) "Employer" includes any tnuncipality, ;v1se mci?~ntal t~ t~e process of making, alter- co~nty, person, or body of persons; corporate !ng, repamn_g, pnntmg or ornamenting, finish- or incorporate, and the. legal representatives of mg or adaptm~ for sal~ or· otherwise· any article or part of article, over which premises, room a deceased employer or the receiver or a trustee or place the employer of the person working of a person, corporation, association or part~rs§h ip. [L. ',31, c. 94, § 2, amending .L. '23, c. therein has the right of acc·ess or control• , . 4 ; C. S. 20, § 4320. ( c) "Mill" means _any P!~mt, premises'. room (i) ":"Yorkman" means any person who has or place _where mach~nery ts used, any process of mac~mery, changmt, alt1ering or repairing· entered mto 'the employment of or works under any article. or commodity for sale or otherwise contract of service or apprenticeship with an together with the yards and pretnises wh.ich are· ~mp oyer, except a person whose employment is purely casual and not for the purpose ofthc I.. �i1 l 2001 • Vl<DRKl'iiIEN ':S' Q::0MPENSATIO N "124-110 ' eni.ployer's trade or bitsiness·,, or those ·e ngaged t·h~ d,i1~ie_~ o.f . hi s. em p_loy ment or after leaving in 'derical ·worki·and not ·subject to the hazard s . s1,1ch duties,: ,the ,proxmlate, cause of which inof the business, or one.. holding an offici al posi- jury is not the employer's negligence; tion·. 'Fhe tenn "workman"··shall include 'fem(m) , The word s " inLury and peq,onal inploye 1' and the ·ter m· "employ e" shall ii1clud e ju_ry"· shall '110t . in~fijde 'i9j~~r.y' _caused by _the "workman" and each shall include th e singular , wilful act of .a third J?erson directed agauist and plural of both sexes. Any reference to , a . 'an· em pfoye. for reasons personal to . such eniworknian who has ·been injured shall where the 1:iloie, ·or because ·of h is -e\n ploymert; nor ·a workman is .dead , •include a' reference to hi s disease, excep t, as it shall .direc.tly result from "dependent family " as her ein aft er defined , or an "injury incurred ln 'the err\ployment; to his legal rep:ese1_1 tative, or where the work(11) " Invalid" mean_s· 011e wh'o is physically man is a minor or incompetent, to hi s g uardia11 or mentally incapacitate{from earn in g wages. or next friend. [L. '15, ·c. 124, § 6; L i >19, c. [L. '15, c. 124, § 6; C. S'. '2Q,§ 4321, as ame11eled. • I ' • • • • I 117, § 2; • . . \ Vl1ctJ1cr cmployc's. ~vo,k is .casual or for pur pose • (j) • "DeI?eildent famili es" ·as usec.1 in this of emp loye r's trade or business, within this section , chapter means such ·memb ers of t he workma n's defining work1ha n, depe nds on fa cts of individual case. family as )Vere " ·holly or in part actually de- In re Karos, 34 Wyo. ;357, 243 P. 593. Hquse mover's .enJploye, ' driving tractor, held, workpendent ·upon the workman for support at the man, within compcns.atio~ , \aw, th ough employment time of th~ inj~try; if -it be shown that the sur- was casual. Id. • . . . • ubdi\"i ion (l)' 'held, to in ~lud c injurie suffered 'vivitig spouse wilfully deserted deceased withthrough the pe r fo rmance of. all · duties of the employout fault upon the part of the deceased , uch ment, whether main' or inciden tal thereto but called surviving spouse w,ill not be regarded, as 2. fo r -by it. Ideal Ba kery ·v. Schryve r, etc., 43 Wyo. - , • • dependent·in· any degree. · No surviving spou e 299 P . 284. Cited In re ·Martini, 38 W yo . 172, 265 .P. 707, anshall be entitled fo ·th~ b en ~frts_of this chapter unless he or she shall h ave bec1i" married to th e noted under § 124 -112.. deceased at the tim e of the ihjury . ·[L. '21, c. . .124-108. Guardian may act for persons un138, § 3 ; .. der disability. In ca:se a)1, injured workman is (k) "Child or childfen" n1'eans boys under m ntally incompetent or ,a min or, or -where sixteen ·years · of age and g irl urider eighteen death re ults ·fro m the injury, in ,case any of • years of age' ( and oYer said age, 'if physi call y hi dependents. as herein ' defined be mentally or mentally incapacitated froni earning) · a11cl in co mpete nt or a niinor,. at the t ime when any 'shall also include legitimate children of the in- rigM 0r pri vil ege accrues to him under_, this jured worlrnian· born after hi s deatl-i ·or in jury. -chapter, his guardian may, in his behalf, cla-im In other cases; questi on_s of ~a•m ili dependency ,and, exercise ·s:uch right--.or .privilege and 110 in whole or in part shall be -determined in ac- limitation of time, ,in this , chapter pr.ovi<!ed cordance ,'vith ,t he fact, as the case may be, at for, shalJ ·rw'i, so long -as such .-in competent- or the .time of the injury; the foregoing definition • minor has no g uardian. [L. ' IS,. c .. 124 § 7; I ·' -of "<l,epe!_ldent families"· shall not include any c_. S. '20, § -4322: , . 6£ the persons named, who are ali ens residing . 124-io9.. r If o~h,er ;th,ai:i . employ~r ~s 1iable . beyond the jurisdiction of the Uniteq States of Ameri9, except a .surviving widmv, or boys , ~ here an · employe' coming un _cjer thf! proviunder sixteen (16) years of age oi· .girls un- sions .of this chapter _receives. a11 injury under der ~ighteen -(1:8) years of age, ,or parent or • c.ircums.~anc~s creating a legal _liabil_ity, in ·s<;>m,e parents, and as to suc·h non-resident aliens the p~rson .other ·than the ein'p loyer ,to !)a~ d_<!,~ages· in res_J?ect there,of, an~ no ·J~gal lt~b1ltty rate o'f compensation .shall n?t exceed thirtyattaches to the employ~r, then. and in sµch three and one-third per cent. (33 ¼o/o ). of the rates of c0mJ_)ensation herein _provided. [L. '23, case _such .employe sh~I_l ·be l~f~ to •hi~ . remedy at law ~gainst .~uch _oJhe,r pers.o_n, and com• C. 60, -§ 3 ; • , • pensation shall not .be payabl_e unde~ _this chal)(I) The words "injuries sustained in extra- ter. ''[i.:.,'15, .c. 12,i., § _8.;. 'c. $ ..:20, § 4323 .. ": ,· . . . . . hazardous employnien:t," . as used in this chapter shall include death resulting from •injury, 124-110. This chapter governs 13s ,to ~iabilm1d injuries to employes, as a result of their ·ity of employer. 'No· ton·t ~ad, -r ~1le,_,.regufati_o n employment -and ,,,hil:e a:t work in 'or about the '0r· deviee whatsoever 'sl!-all op~"r<1;te to -t~lieye premises occupied, :used ' or controlled _by the •-t he employer, jn 'vvtiole ·or· i1~ part, f rom 'any employer, .and injuries • occurriin_g dse,i.rhere Halbil-i-ty creafod bi this obapter ·e-~ cept as herewhile .at work in- places ,vhere tl1~1r · emplo:yer's in provided. [L. '15,. c. 12~, '§" 9; ~ -- S. '20, § ' ' ; • business requir.es their presence and sub1ects ~ 4324, ; • ' ; j • ~ I . • . . ' •• them to .extra-hazar.dous,duties 'in:cid.emt to tlie ,vliether stipulation for reopening .case 'on certain bu'Siness ·b.u.t·shaH not include :injuri~s of . the conditions -after final judgment allowjn!i" compensation -employe' occurring while .on his way:t~ assume • td injured emplore ds •void, ·under . this section, 1s im' 0 I • • I �. :WORKMEN',S coMPEiNSAT.I\ON . ,124-111 .i2o02 ; st.at~ ,:~re~sttr.er,, ~or: , si1c)1 :1 r.u~p?se~;-'-and ;,~hall b~,ve.nfi~cl· as plcc.1dmgs ,Jn ,GIV.ll;,aotw11~, .;wilfu1 £a1!~1rc o:· ~eg~c~t11_~11,,t he.1p~-r,t orany :etnployer wlrnse: ,b.u smess·i o: .o,c_oup.atJ.o~ , 1.s ,on~IentJtnerf f ·, i :,:.l ' I , •,124-q1. ~lar,tk ;f'or,ms ,.suppJied_,1bY" ~ta;{e ,ated ,and defined , l~_~ :em· as. -be_m~ !.e~tra-hazard_. treasurer. . Jt ;,~~~! ,I?~ tll <;Hlt~.tY, o~)he ;,ta e ,ous, _to rei)_ort acCJ.dl:lnt.s caus-111w_. m}t1-n,,,t 0 a.ny . tr~ast1rer . t,o :P~ep~i:1, ~~nse., to ~e. ,i:inpt,<rf\ and J'.O f. h 1s em p_lo:f es u sl:-1-~L; b,e, aum 1stlem,e1:111oq and suppli~d .free for,, pse !P the,_aclnim1s~i:a~10!1 1.?f upon conv1ct1on i s,u9h ,employ,f!r. .shaH ,b!! :punthis ~hapter su~h h.(~nk:for!11s,as ,tl}ay, b~.neecjed ished by ,a fin,e of not ; exte.¢dmg .fiv!! .h.u11dred in •the a~in_istl'.'/-M9n AJ'1ei:~of, ,~np , the f9qns dollars ($500.Q0).:, ·,1' 1, • ,i, 11,.i ·1,,-, ,,:,, .,· ., ,proyided by , _tpe str t~. tre<1;sur:e.r _sh<\11 be us~cl ; , The 'injured , em plo~1e'.s: r~pqr,ti iof •Jacoid~nt as · riear as may ' be -. in ,,all procedure unc,ler . this , 111;ay be .made upon ,!a 1,pnnt1Jd ·1 form ,prepaned chapter ; and .it shaUbe ' t)ie ' p\ttY:..?~ ',th_ti state . by th e !state . tre_a·sur.er: for. 1~hat): ,P.itrpose. 1 No treasurei: to 'providl!- himself ,yith sitch , other order or_ award_ ~or ~ompen sati on shall 'be. tn:ade .books, ,record's, or forms· as piay ·be deeemed 1mles$, ·111 add1t1on ,,t<;> ,; the rep:e.1;ts,,0£ ·acqident 1 n'ec~ssary to 'expedit~ the tr~nsacti on of busi- a1~ applicatiq1:i or .claim for ,a,w.,ard) s ,filed hy•th~ ness ~111d er the pro\"isioiis .of. thi s chapter . . ,The injui:ed ,'1-vor!;;m ~n;: or , sqrn eqp ei· Qn hi:, .bel:ialf • state treasqre1' ,s hall also prepare an.cl cause to ,,{)r in _ca.SC:·o f -th:e .rl~ath ,of .t}1~ rinJ1u,;re4 -.work~ be 'p rinted, for the,.infohiiaH6n 'of employes 'and man, by j11s .d e.p~nclen.t~s ·, 9 r; s~~'J?.,~i 0;;i;~ fo ,their -workmen, such helpfu.l in struct_i ons ,1?.'"1;ill as- _behalf, with th e ,c:.l_er.J.~ o~ ,t he ,d_is.trjic,~ ._cgurt in . si_st injiirecl w?rkmen ,in,,•, correctly making tJ1_e ~o unty,. , vh -r em J,,uch ,acqpent ·q<::<n.1rred, claims for ·compensation : · [-i,:· '23, c. 60, § 5, "'w1thm fi.ve _m on t h af,t en ,t.h e d ay on -~w,hic\'l;the 1 .. , d.mg L . •'?l amen - ,' c. 13s, ss 4 ;"• c .·s . '?0 - , § .,i.325 , _• . injury -occ u rred ;. proy.icled, ,h owev,er,;,if,rt:he,em124~112. Rep~rts ~£ ~~ccic:ient'.-. Wh enever an . plox e's r epo rt .of accident ,is I fj led , withi11 . the accident occurs, causing iiJJt~ry t i:> any ,~ork- prescri_b ed pcrio.d for _fi li IJg,qn_S'! l~Pl?yels report • !n'an- engaged · i1~ ~_a11y~1 of •tn'e r; cxtra-ha.'zaf-dous .of a·cc1d ent, the pe1;1or\ qf 1 )1111,1tat1on .for . the erhploments 'd_efined: by this <::haptet) i'f' shall. be fili~ g of such· claim s hal_l b e nine ; :i:npnths. the duty of the , employer· a·n d the •injtii-ed em- ., :r:,J~1t~er_ the r~por ts. of ~cc1 dc'.1t~ :npu · anything .ploye, or son1eone : oh his behal f-, b r in behalf r th.erem conta111ecl sh,all cons ht,u te .. a ,claim ,for of the _injttred einploye' s 'clcpenderlts, if he be compensa tion . . T h e e1~ploye's claim ·for -com.killed .or die? _from the injury, · withih 20 days ' pen sa~i<?n m a)' ).) y a m enc\~c\. 4t ,an 5r'it~me 1 bifo.re therea~tet to _ma½e a• report oi, su<;h accident an , ~x:1g 111,<!,l orcl,:!r of j'\Wa r<;1i I_1cH\f 9.e,e11. .,!11a9~ ·in and the apparent injury •·i·~sulting: 'therefrom . order that: ,t h e w ork man n:i ay. cor.rectly, set -, O\tt and to file said report i11 1 the·.office of the clerk t/1e natur~ of his. ip. jury.r, [~. ,,S.,.'J0n §.. ~3f9, ,as of the district.court of the county• where'in such a;nended by'L. '. 27,. c:.. !JJ., § ;l,;: :i:.,,; 'f9,-s. Rl, § l. accident occurred "·hich report sha11 state: ' • . Cited in H otelling v-. Fargo-,\i\T;csfoi-n Oil :.Co,1 ·33 • ' (1) .The i1ame1 of the':inj·i:tred•.vorkinan and ..\Vyo. 240, 238 P .. 542, ann otated , undci: j§ 124-101 - . -" _R_e port fil ed by cmplo1,ei-, '.·ponc'Jrriing: 'adictcitt knd the time, cause and nature of\ne·"accid'e nt an'<l . injµry suffcre_d tHer~b)1; is ordin'~rrly ~dmls'slb'!e1 tn eviinjury; also whethei: the) nhtrYr has, disabled dence. •Ideal Baker-y v. ' Sch'r_yverj efc.; • 43, v,,ryo, :...._._, ,t he ~\'Ork1;ian f,r om COl)tip\t,ipt , the p,erfo~nfance -299 ~- ?84~- jf, ; 1." ~t) (t1lr_·J:r-.;.;•:11: ,i;t :PI of hts duties· · . • · ·,···' •• • • • , L1m1tat1on ;of .time for application .f.-9r ·compensation 'io ihjuries result(2) \iVhether the _ac~ia-en{ oc~~rred while ~)'. i!1jur~d eniploye; held1 applicable' 1_n ~ea~h·.· In re l\.fartuii,' 38 1,Vyb. 1172/ 265 P! 707: the ,wprkman was enga,ged iq', the' d.4ties of his mg . L~m1tat1011 .fo~ .filing claim •by inJured: employe, held, employment, a,nd grew~oyt_. of ti\ ~ 1!.Il'!Ploym~~t; applicable to ~la!~ •·b3: 1s9_n:iv;1,g P<J,rent~- rrI~,- . .... ...,.. , (~) • T!1e 11f1,ture of ~he erpP,)oyrr,i_ent c).t1d the . • That · e!llplo,Ye ~ S4f'.l'.1Vmg _pai:e\1.ts. 1 >'<\':re •m I\aly, ~el~, no excu~e for not •fiffog claim' tor compensation duties a1;d how . lo11g. : the 1'-'.orkman . has · been 1n ,hme. Id. . ··~·· •· r.' ;. l-,·p1!: :.if.'; t,r · i: 'JY·' . ,e ngaged m the s~rvi~ of_ s~ch lTI}P.l,o yer; . • • • Lack of l<n'o_wledge1 as·to iirriitations· ,fo1diling claim , ( 4) Whether .the. a!=ctd~nt was or . ,w as not for_ compe\1sat1011, held, no excuse for failu~e .t9 file '.!t~e solely . to . th~ cvipable ' n'egl_ig:enc'e ·of ' the _.clan~ ,y1th!n1 , prescribed .time .. Jd. . : '.'. • ·,., I ,.~ ii f;i. ,-•~·rn·,, ·;1 I . • m1ured employe arid 1£ so,' ·a:· sta'.temeht :of the ,-· 124~1-13.· Tnvestig~tion,by th~ ·distdct judge _·facts; . . . ,. , -.. :- 1 . .. ""'!... ~q,.! .... , ~- : ; 1 , t ... ,. c, : ' :-!'rocedute ,in; :disputecl.:cases. ( I i\Vhehevet'·an . .' (5) : • \".he~h~i: #ie ,injunid ;~o~kma,~, is . mar- 1 . ned. oi; smgl;; whether: , he has: a ' 9ependent ·, ~Jury, ot ·,de~th ;.- resultirig i•from injuryd s· re· fflI11Jly! _an<l, ,,1,f _so,. .thei names of, the- p·e'rsons po rte~ to · the clerk of: the !district· .co.trrt ,of· the . ,vherein , sucli , inju..tfy. •occur.red, ' in . ac· compnsmg. such .deQen~~nt: fan~ily.. ar.d, their co~nty pla_ce of _res1den.ce; : . ,. , · • , , . : •• . '·c0rdhance with ,;the · pre<iedjng seat ion , :iti,:;hall 1 1 k"' · • ,nnt1y:. ' · .£ .·the 1d . e·' duty. . : ·of' s .....,,~d,·.,' cer ~·a·at,once (6). • YVh~ther ·th~ t1;j{i~~d°~~'orki'~~;/ /~1/e~ds · ·let tu ge of satd ·,coui,tr tha1: -sttch-inJ· ur-v. repoit. has to cl~tm compen~at10n., u.n~_e r th,\~ _ch;,i.p,ter. : •ueeff fil d •• ·h· · · • ••~J• • Sa_td . empl~y~r ~ rel?_o!t ,o_f_ ;:t'c~ld~_n t in;iy,, be , th . d ~ '?n·: . 1s: .off1ce;- ·,;It; shalh,thereupon rbe made upon -a ·pnnted; .form -prepared :by: the ·. ofe, ?dty_ o~_said'Juage to !in:vestigate tbe,pature sat , 1nJttl'y . ;. .. - 1 1Qr1:c©. . • .,t . ..,,1• d:·ccl a1m .. - mpensa:t1qu·· . . m;ttcrial in cleternJining wb,et!H;r ,t9urt, had jufiri~d.ic<l ' tipn ,to reopen judgment, which ,adopfed ~.nP. ci::in _r,mc statcti1ents in stipulation .at least in p'a rt. M1dwe~~.R.t fining co: ,,. Gcoi·ge, 41 Wyo: 55f1281' P: ~9~s. •' , ' I·. •l • 1:, ! • t I 0 0 I _p;,.. .. , •1: �vVORKMEN'S 1COM·PENSA!T·ION 124-114 the, earliest ' pb's sible .. date, in ,such -a manner an~~ a_ri.d miJeage, as. is •fixed by i1taw, i·n ci vil as J-~e 111a}: de~n~ . n_ecessary t ~ as\:ertain whetlfe'1 act ions,t and : .jury ' cos.ts I shall , als o,:be 1faxccLto tl1e ' c,hi_ir~ ,_', fcif" c;_pmp'e nsation ·, ~r .. tl\e a,11\i:h\p_t a)1d paid:from ,the acctii:len t.famd,,if the.,v·erdict thereof, IS disputed h¥ the, , employer, and . i( a11d )judg111entrbe infav.ohoftthe einploye'r·; , but thei·e • be ; no -dispute,. ,as·, to •- th e right , of:•the· in- if, aga in~t the cm pl oy.er tlie'n- he shall pay,. th<'; jm:ec/ w9rl5111f111 to ,- rec ejve '~o rhp ~l~s~tioi1; ci1'. costs .- .: At ,the conclusion 1of ,the hearing, the a_s to, the ,fl~~o upt: t\1e~~of, -a~1.d :the .claim'. appf!fl,( cour t sha!J.enter an ·ordcr.cpursuant to ·1:he verto be free from collusmn, said Judge shall there'- dict ol the )jui;y,· if a ,jury · be called, and.if ·;nci upoh 1 make an orper directing pay men t ,for such jury be •called, ;the . court .on j11dg e . shall ,render coinpe1faa'ticih tr6m th e ·state i11dustrial acci- a deci ion upon the, facts 1anddaw, 0£ the •case dent fund in accorda!!_ce ,yith the £acts by him pursuant, t o th e prov-isions ·of this chapter; ;ind ascertained and the terms of th is chapter. If niake ' au ord er ,allowi11g" or·, disallowing com• there be 'a dispute, .as. to the rigl:it of said ·in·- pensation, 1as t11e ,law and ,the ;,evidence , may jured ''employe or hi s dep'e1id ent"'fa mily ' t o re- warrant. In an)' proceeding befo re a ·court or ceive compensation, or. as t o the am opnt there- jttd rre as, aforesa'.id , the , court ori , judge shall of, then it shall _be the duty . of said judge to ha ve, authority to appoint. a duly qualifi ed im set the· case down .for a hearing at: 'th e ea rli es t par tial phisiciarr. ,to ·e..'Cami1)e the fin jur.etl·· em P,0Ss~bie ,'.date ahd to ,dire~~ ,rio_ti,ce of such ·]~ea(~ ploye ! and , fg ive testim o11y. '.:The: .fee , for. ::such ing1to ·he issu,ed ..by .the •cle rk of .s aiid cou rt £or se_J:\~ice shall ·· b e•: five · do ll ars ) ($5.00~,,. unless • service .1-!P0n the emp/oyer anc/ th e em ploye at other wi e ordered by the court,· with ·111ileage least seven' (7) .: d_ays 'before ~he 'date fixed for allm-i·a nce,' as , is allowed to ,other ·,w itnes·ses, said he~ring, which sa id ho tice ~hall be ·servecl w hi ch hall !Je t axed as· cos t , an d paid as other by, the· sher:iff of said county without .·expen e witn e s fees are paid. The employer or emto either party, except that his a t:tuaHraveling ploye may, at his owri expenses; also appo int a expenses shall be allowed and taxed, a cos t-. qualified pliysic: an, "'lho may -attend and be The hearing ,sJ1all be cond11cted upon t he sta.te- present at any such examination of an injured n1ent itl\d report . filed by tli e em ployer~ an ~l emplbJ, a nd give testim ony at such hearirig 'or such formal daims as n1ay be presented and i1w estigation. [ L. '15,- c. ·124, § 12; C.. ·S. '20, filed with th,e clerk of th e -clis trict court by or ~.4327. • I '>••'IJ o~ behalf .of tlw",i njurecl w~rk:rn ari'. If ~he -em_-r Th i-s sectio n does not de~y the righ't of i n :~m;l~ye ployer, in /1,is _r,~po,rt qf :the injury,, all eges t ha t tb l:ie rep rc e'n ted by counsel,' in , view o f·· §• 124°128, t~~ injur:y was -~u~ s~lely t9 ~~e c1.;1lp ab~e neg- rela tin g · to fc,es of at torn eys. Za ncane1li v,. Centr!tl lwence of the · 1111ured en1ploye,- or that th e Coal & Coke Co., ·25 Wyo. SJ 1, 173 P. 981. . urt •i11 comp ensa ti on · proceedin g' held, auth orize·cl ctim for ' compensation i one not ·com ing ' o Co sec ure expert tes timony 011 "effect 'o f i11jury, tHougl) within the provisions of thi·s chapter, then a bearing o n ultiina te fact, Sakanidto .v. Kemp1erer Coal ·, -'. .. : jliry may be dem a nded by ei ther party :in~ Co., 36 W yo. 325, 255 P. 356. , · '_ -, R efu sa l to tak e compe nsation ca se fr om jury after the cause 'sha:11 be tried , as a cour.t proceed mg. mplbyer ad mitted t\1 e~e was no ev id ~nse of . w~rkIf a: jury is ,demanded ,· it may be• selected from eman's culpable-. neg)1gel)CC, held, not •· er-ror. In I I'e 1 ' ! ' ·, nam·es drawn from the five mile -limit jury box, Hibler 37 \Vyo. 332, 261• P. 648. • Helr sa)' tes tim ony ·'. of ' dccc_aSCl! i ci!1ploye's: •:vife; as in ci:vil cases ,at an v time in- term ,time :or toi1cerning empl oye's ' statements ' relatmg to ·miury, v:acation unless !a regular j1fry -panel be,1ir\ at- adri, issib le· :\vhcre. no • objection ·was •made ·at . trial. tendance at the court on the I da t~ any St\Ch Ideal Bakery ·v, ·Schryver,, 43 \Vyo. :-' - · ,i 299 . P. 284. ·c ited • in La•Chappelle v. •Uniom P acific ,Coal Co., hear~ng may · osicur, The·· ~aki1~g of _e1 '~~epce shall be suinmary, .giving a -full opportu111ty• tq 29 Wyo. it49, ?14 .P. 5871 a1:1notat~f t,' !1d~r 1§ •1~4-JOL . Cited in Midwest Refinmg .Co. v. George, 41 Vvyo. all parties to de-~;e)op the fa~ts !ully . . Th~. ,of- 55; 281·1'. 10os;a_n n~tate1 ·un_cler § 124-1~0 . • •.•• , :, .... I) , , • I ·.1 , f ,, ' ficial court reporter ·of. ~he . d1stn!=t _court s~a_l! attend the hearing and m_ake a ste11ogr~ph1c : 124-114: ,A ppeal 1t6 supre!Ue 'c;our~- Any report' of the evidence without; ,cost.~ o; -e1t}:ier order given and m'a de·' lti · any investigation ·or 1 party . . ,T h~ court, or j1,1dge : shall' · d1f~/::t th~ hearin·g ·oy _a c;o~t o'r:''Jµdg}, pursµ'~pt: to the county ;,i.nd-prosecutirg atto~riey; Qf: ptl~e,r cp~~ prov_isions ot,this d1apter,· shall, -be rev1_ewab!e peteqt .~ttorney, .app~inted by_,the; cpupt ,:to con:- by the"- state -~UP,rem~ ~ourt p1r proce_e<l111gs 111 _d µct .. the ,ex11mination of 'Y-f~nes~~s o.n ,b~~_alf, o~ error in the '· •m·anner prescribed by the code th~ injm,- ed · woi-kmary, ,an,dl 1t _~h~l! , pe_thr,ru,~Y, .9fc;i½if proc~d'u re ;· ~prq:v}de'i:i.'l~·we;vfi-i that the of said attor_ney , to·; app:eat ~~d pe:fqr ~ .: _sue~ petit10n iri error, bill of exceptions ancj-, rec_ord seryice .w it~ot,1fexpe,f} ~~ ~? e1tper :B~r~y • . '-f,~e cm app~a-1 mus~ ~e. ,fil~d-iin_the 1supf~~~ court empl~yer ma)' _ap,pe,ar 111 , pe_rso.1111 _q r __lp1;..,cot11J~ 7] Within seventy (70) da}'."~J~om, tl:ie ' ~at_e, of deand introduce evidence ,at the _same l;iear~p.g: cfaio.n ,or, O{der_-,op mot109. for .111'!' 1'. · ,tnaL by a No f p~_ts~-~h~ll ' ~e _:tax.ed ,.bY.\ ~~1e ' cl~_r~;,e~ceP,t c'.o urt or' ju:dge; ·tinles~ ~he , ~ime ~be -extended fees .for· witnesses~who ·m ay be suppoenaed aqq hy ·_-_~rqei"_' of-;~?,u~r 'o~.) _u1~eJ;: 1~~d,'."f~ ft en (l~) 7 -ivbo .sh~li .be .allowed th..e;~a~~ fi'~ ;.for -~ttend~ ~ays-: shall.i be ~_a.llp~,•ec'I' :Pl.!:JIJtiff ..m . e.rror: there0 0 0 0 • - • • . J "'~ I ,, ' ~ , • • • j �...... 124-114 2004· WORK-1\1,EN'S . COMPENSATION case on appeaL .ln re K-rivdkapich ,- :41 , •W,yo: 9, •281 p .' - • . ~ '; • 1 :•,:•'. . .• • ' after for · fili11g .brief, and .fifte~11' -(1 ~) :. d~y~ 1-95: ~if part_ie~ . app_~ah.~~ ,ffm11 .,:t.':"a.~? ; of , corn~ thereafter ·shall' ·be ·allowed defendant m en ot' peiiFailm:e sation proceedmgs t.o frle record w1tl11n statutor for filing brief;•?nd •saii:I, app_ea~ shall ,be ;~~; pcnou · " require • d •a·1s m1· s sa'I' ,,, • ., -. . y . • I·d •• ',,,,.r,..,: .', vanced 011•· the ·, calendar and disposed of (:ase . d1smiss_ecl for . failure ,to •p,erf!!Cti ,appeal -111 •.time, promptly : as possible. In case all' appeal to }.farsh v. Aljoe, 4~ V;fyo.;-.-.-. , • r;,·. .r , • ., ,, • • 'Proceedings held, reY.1ew ~bl~ ~Y .•41r1:1;t appeal ' exthe supreme co.nrt Ji s prosecuted ,:011 . b~lrnlf of cept ,vhei-c -altered;. in :view o,f this · section . Marsh V the -injured 'ivorkmnn, the-county and· l?rosec_ut" Aljoe, ·41 Wyo.:H:9, 282 ·P .. 1'05.S." 11 ., :, • .. , " 1·; • .: .: ing attor.ney,' OT other attorney_ reJ?resentmg District court held, _authomzed •,to make Se,co_nµ ex. said workman ·shall order a, transcript ·of the ten sion order fqr · pi'! r.(ec_ting app qal , to ,\>,UPfe?le . co_ur_t; record of• the ' hearin-g ·and .·proceeding to be 1d ht of •c; mp'~nsa tion cfaini a'ryt•'to ''aft~n1ey -,~erie;_ prepared bi the official court reporter of the al's·~~·igservices must •)r,ield ' to ! state 'treasurer's;· right district wherein :said rnjury occurred and duly thereto; when he petit.ibn~,-t~, r1:o~en ca:s·e. ,-Id, , [ . •. . certified without cost to said injured .w orkman, • Supreme court !Ja. ,no J\1,n s,sh pt1 on o! ap_~r.aJ 111 comand said county · and prosecuting _.attorney ?r pen sation j)roceedmgs tal~ en a:ft 1;r ex piration _of ·st~tu: period, ther efo re w1t'h out ord r extc1)d111g -tune: other attorney shall · order tl1e papers on file fory In re C0 ntas -42 \ ¥yo. 59, 289: P .· !368. • . : :1 ,,. • in tlie ·office of 1:he clerk: of <the di strict court Gepoi:a.l ,t dn _11i, of, comper;isa tio1_ la., \'., fixin~ t\~1e for to .be. b;y said cierk. prepared, tran scripted; certi- fil(l1!;:r ,rcc.ord f!)l ap,peal,, w ei;~ -applfcr f2,lc; to fi l_mp .f,eC~rd fied ancr forwarded to 1:he d erk ·of the snpreme in .compe nsatio n d ses und er sub s~·quent'ly created ap, court; without cost. ·to the inj t~ recl :workman, pella tc pr'ocecl itr e. In re •Co1_H as, 42, \ ,Vyd. '94, ,291 · •P: ,. . .'.-' . , . ; ; ' ,,; • ; ";and ·the ::pr.oceeclings·, in the supreme court; 31'4.To ent itle ·reco rd-on app~al to, be, ~lqd ,yi\ hiu_st<}tutshall be conducted on .behalf of ·the injured ory _peri od, docket fees m ust be p a.iq to c;Jerk }")th\n workman by the attorney g eneral of the state tim e allowed. 'Ia. • . •• Ap pellai'1 t 112s ·duty of -c'e ing that ·his r.e~ord 'on apas part of his offie:ial 'cluties, and- by any other attorney .representing said workman. ; b1 ·case p_ca•l is fo n va-r ded -to s uprem e -cour t a r eqmred-by..law. • an appeal be. prosecuted ·on beh al:f .of tl1e em- Id. ployer; the· record of. the proce~clings at the 124-115. Court order recor d~d---'cbpi~s ·to original ·hearing ·shall be· supplied without cost auditor and treasurer. E v ery order given''aild to .such em;ployer, but such employer may em- mad e by a dis trict· co urt o'r judge 1cl}Varding ploy counsel to conduct such app ea l on h'is' be- paym ent. 'fro1~1 th.e industr_ip:l . acc iclent .'h1i1/f'to half. The court-granting .ap appeal:,to an em- ·an injured employe or his _i _d erend_ynt •fa1:1ily, ployer f~·om ai1'order of award shall stay, until shall be 'e n terecl of record bi' fli e ·cle'l'k ·.of the the appear is finally determi11ed, the _paynie'n t of said a,var_ g or that portion- th,creof appealed co~rt where g iven a;1d tnie copies',th e'r~Jofih'ati from upon s.uch .terms as may to the cqurt seem be ·imm ediately m ade and ce~.ti fi t c!'.l?y' ,s~i~( c1~r:k just and proper. [L. '31, c. 73, § ,59, amending and forward ed . to th e s tate. : c1;ucl,it?r anq ,;~t,~te treasurer, respectively , .of )Nyop1i~1g, ,1<nd shaH L. '25, C. 124, § 2; C. S: 120; § 4328. · · Law permit~ing retention of fees_· by reporter for be by each,0£ said :of£.icers , ~nter~d.rupp1]; ,iJ. ,Tf:~transcripts held, not to repeal law requiring tr-anscripts orcl to be known as .1the . compensati<im -docket, in compensation cases to he f-urriished ,without cost to and shall be· the a:uthoricy: and .d~1,eotion :oi the parties. In i;e Winborne, 34 ,Yvyo _- 349, 244 P. 135. Cost of transcript, in appeal under , this chapter, not ·s tate ,audito1° to issue "\ValTants ,for compensacontingent expense payable out of industrial accident tion aw'a rds · against . the •in-dust-iia1l accident fund, nor from interest earned by said fund . , .. Jutlg111ent 'on substantial evidence in compensation fund, arid for . the : stat~ frea·s ure·1: t0' pay ':s1.1'ch com·p_ensation a,1a·rds·· £~0111 ·sa:id 'ft{1i._d.' ,[ L. :'15, case •is conclusive. Mc1fahon v~ Midw.e st Refining co· 36 Wyo. 90, 252 ·P. 1027. . , ' , • ' • ., C. 124 § 14· :c S ' '?O -§ 43?9 .. ·r. · •• • 0 \¥here petitioiLin -error and record :ii ,coh1pensati6n case were no_t filed _wi~hi~ !ime limited, the . supreme court w_a·s .. w1thou.t . Junsd1ct:Jon. ' .Reitsma ii'. ·Standard Oil Co., 37 Wyo. 471,263 P. 619 • • 1vfot~on. for re,y tr'ial, un_der ·I~is se~tlon, :i'nust be filed withm ·10 days .fr?m fina~ order, and, where not so -~led! error proce~dmgs •i:nust be• 'dismissed where motion,· for a .new trial was •necessary . . Standard Oil Co. v. Bm;:hanan, 39 Wyo~.372,.271.P. 876. • . • Pro~edure· <.m '.1PPeal in_ (?rdinary_ c_ivil ,c11ses applies to c~s~s : under cqmpe!1sat1on r,ct; except ·as othefwise provided. ' Id. • • : • •• • • • • •• Assi~nme_n,t ~f- er~or : in motion for ·neiv trial not 11rge1 ,m ,br.1ef 1s waL\"ed_. Ideal ,}:31\ker:i, ,v . . Sc~r:n-:er, 43 v\ yo.-, 299 P .. 284. . . Unless_ an .· appeill. from an ·order, in'. procedings uniler .th.is chapt~r,.1s :perfected : by.· fiJing tecord: in snprei:ne co~rt ·}v1thm, 30 days thereafter;- as ..required !>Y this sec~_10111 .oi:-a~ .ei:-_tend~d by prder -0£ court br Judge, the supreme · court: has no jurisdiction' of 'the . , Git~d in {~ C~a} p:il~ ~- ·u~i~~ •1r,a~ifi~ t6iii ' Co,; 29 Wyo. 449, 21~ P . .587, annotat'ed tii1tler' fi24-101_. - J I 1 : • J • ( 1. 1' ! !2~11-'6. _In~ustr'ial · a·c ci'dent fuhd-Appro• pnat1on. There is ·hereby •cr-e·ated a: 'fimd-to b~ known as the "industrial a·c ciaent•fttnd •• which shall •~!~ ·r~~d bf _'t~e .state treasurer .and :w him dep~st~e.d m . Sttf::h . banks 'els ' are· aut:horize.d ·to rec~ive ?~pas.its 9f'tl;e furl.els of'th~ ~t:id:e .. • The treasu:er..in 11;akii1g :said'.depos'i'ts ' shall divide t~1 e said 1qd_ust,rial accidei1t 'fund ihtb tw'o distmc_t,,f,unds,. on~. ~o b.e ' b10,~'.1{ 'as tie '·clg~ner~I fund and the othe ''·t '·h ·' 1F' '' · •u·. :t·h "re· serve · f d ·,, · •h ;, .~ ., _e f\01VA:<!-S . . e. • un • ... ~ general furid" · as ·near a~ 11.1ay · b~, s~all : be us~d for piym'f ot - of , all. awaTcls, claims ancf' 1tems•: of •e¼>en's e· ·charge· ! . �WORiKMEN'S.. COMPENSATION aQle_, agah1sl:; th__e 1in.dust1iial accia.e nt fund and • d" , , ·~ny • t I1e· " _reser.ve •,i,(11i •. ·sJ1-al) not ,be. tJsed· for of said payments -unless the "general fund" at t\le .ti111e is · insufficient to· meet the dea1ands upo_n it; i'n wl~ich case the treasurer shall trans- · fer from· -the I ''.reserve fu'.n d" to the• "CTeneral fU11d"' a sufficien't ·amolt11t to meet th'e· i~1medfate demands · i.i_pon saicl "general ftn;d.' 1 Th~ purpos'e ; or- creating ·said "rese·rve fu,n d" is, to pro.vi_de a fund \\iithin the industrial accide'n t f\md ;si.1Hjcien ti)'. la_rg~ to . pay· great anc\ unusual demands upon the judustrial accident f_1;U,1q which m_.ight b·e caused by a large di sas~er or ;bY,, Syvera) such d,is_asters occurr.ing, within a-, short .time, ctnd the " reserve fond' ' shall be k,ept, <!p.ar.t ifro.m ·the "general fund-,'' and as near as may be unused in acco rd ance with: said purpose. The- state -tre:1sure1, shall set a icle in the· "11eserve ' fund" at the ,· end of each month t,y~nty-~ve ·Qer- cent, (2So/,~) ofi all money received· i11 the'' industrial accident fund durinrr· t • • 0 said month in excess of the· amount expended, the balaiice- of moneys · so receiv ed ·to be used in the "general fund .'' Th'ree-foui-th s of the "reserve fund ·' ' shall be -as 11ear as may be kept invested in -United States government bond·s. state, county; school district or · municipal bontl's: A'll ·moneys Teceived by the state treas-. urer under Hie 'provi sions· oI this chapter shal l beconre a part of the industrial accident fi.mcl. All fees oi- mile.a ge of witne ses, jurors and J'>hysicians adjtidged to be paid from the accident fuud_in ar1.y court proceeding under thi s chapter, and · all con tiugent , expenses incurred in preparing f9r . and in .the admini stration of this chapter shall be paid from the industrial accident fund on proper Youchers and warrants. .[L: -'·31, c. 73, § 60, amending L. '21, C. 65, § 1; 8. ·s. '20, § 4330. · 124-117 compLlted a1id paid. Each employer shall continue. to _make p10nthly contributions as above pro.vided unless his account, after making the hereinafter peciLl.edr,. deduct'ions.·; therefro.fn, shall eq ual full two per cent .' ('2%) of 1his. ann·ual payroll com.puted ,by; multiplying his curcent month's payroll of, w6rk111en engaged in extra-hazardous employ1ue·n t(1by twelve and sh.all likewise be. n.ot less• tha.n three thousand dollars ($3,000,00) ,; provideµ ;-. howev er, that any employer . ·wliose accouJ.1t is overdrawn hall be req uired to pay h1P1iJ hly a sum of mon ey (including. the payments as above specif-ied ) eq ual to ,four pei: ceut. (4%) of the money earned by . each, .of his employes engaged in s tich extra-haza;·dous employment during each calendar n,0)1th of_such emp loy ment until Stlch.• overclra£t shall ,be paid. Such emp loyer hall n.0t be co1)1pe)Jed to co ntribute when hi s co ntribt160ns i11 the fond , after makirig ded ucti ons· as afor·esaid,.shall equal two per ce_nt. (2%) of his .a11ni1al par-ro ll, and shall likewise be not less · fhan t hree t housa nd dollars ($3,00,0.00) . In adcliton to t i1e dth er' paynJen,ts required by t hi s ection to be paid into the indtJstrial accident fund, every employer engaged in any of th e occupation s herei1\ defin ed a extra-hazardou . sh'a ll , pl_ake p_a1yJ1; e,ht to, be k'.now,n as a ''s'e n;ice and polici11 g cl1arge." S11d1-. ·_servic_e an,d pojicing charge ·sb,all be paid :by the· em~. player into the sta~e t;easpry fo·r th~ _Qe~efit of the industrial accident fund apd_sh;i.11: npt be credited· to the balance of the employer _contributing. The amount of balance in. the indus,trial accident fund· to . the em'ployer's credit shall not relieve him of his duty and liability to pay the service and policiiig' -charge; ·pro_Yicled, however, that no employer who pays for any calen.dar f!l0i1th · four per · cerit. of the moneys eari1e,d : by each bf · his e\nployes :en-· "Contingent expenses" paya,bl~ otJt of intlu's.tri~l accident ·fm)tl, · refers_only to expenses in administration gaged ·:in such e>;:tra-hazaraous' einpl'oyment· of state departinents,. does not i1iclude cost ?f• tran- during stich ·calendar ,month sliir1f be'.compelled script' in appeal· under this chapter. In re \Vmborne, to pay a 'servic~ arid J?Oli~ll)g ch,-!rge for sucl~ 34 Wyo. 3;49;· 244 P. •135. · • . month. • • ' ' ' ~ ' '' : ':! • • The _· servic_ e ~nr;l-; pol, i cjrg ,charge_ shall be 124.-117. E.IIJploy~rs.' ass~ssll}.en.ts. Every comp\tt~d on-the monthly pi:emiurn-paid ,b.y the employer engaged in -any of the . occupations herein•defined as· extra-hazai:dous, is hereby re- individual en~ployer: into :the state ti;easury for quired to pay int0; the staite treasury for th~ the benefit· of tlie rnctustrial accident fund- durbenefit of the ·industrial accident fund. a sum of ing ea:ch calendar 'mbnth, or on 'the premi'um' money equal to , one and one-half per cen_t. which: the employer ·wqtild have be~n: ) :equ.ired, (1¼%) of the ,money , earned by each · of , his to pay had ·not' 'the _am0U)lt .. bf the ·employer's •relieved hiin. froth the pay-men( of. a en1ployes· engaged•in such extra:0 _h azafdous em- bala1ice •' ' • • • • ' r, ' . ployment dur-ing•:e ach ca_lendar· 11'\onth of such prenuum. . en:iP,loyment. ' Such' paymen_t shaU _be ·so made ' , .The a~161;11t , ot the s~r~ice an·d . policing on or before the· 15.th day" .of the ~onth follow- cha_rge _s4.all b~ ~et~rn;i_in~d according ~o th.e-.foling the 1~9~lth ·for ·__which such 'paymen~s· are lov,'.i1)g -sched~}e ::_·· -.. _· .. ·: _. . . , •• ,·. a I I • • :.) , ' , • I' / �2006 NSATIG~ WOR:KMENJS '<i:O-"i\11--PE • . . . I .. , , . • em loyes, and rto the.le~d .that each Service and•., c1den.t5.e~o shafl , compehsate all ·:mJunes -to· the • ·'' policing d~arge: em1~1•0 ) • iof .such'. eniployen 1and · ~ot':1ihose of " •• ; . for month 1• • worldnen Loy· er.s th e.. -s tate treasurer.- shalLkeep !~ ,~ • other, emp • ' ' I nJ 5 • . a!'ate .accoun,t, for eac 1 em!:' pyer so ~on-. "\Vhei·e the mot1thly. payment ,1 ~ ::.. .-...'. $ ,l.10 Less· than $ .. 10.00 ..i . .. ... _, ••• •• ••• . 2.20 ~ iGcJtin tp said fung and. shall ch,irge again.st • ·• g t. • ·f eac1 employ;er all ,varrants paid I I i • 10.01 to $ I• 20.00 ••• ~•·:. •;"',, : 3.30 tr tJH: acc.oun 0 , •· . 1 •. ' ·' . • ... ' :; 20.01· t o • 30 .00 ......... ••. 4 40 . 't!1e· industnal accident fund •. I • . i .• fiom , • · • • t 1 30.01 to 40.00 ...... :.... • .' 5·50 (a) •:.{\s ·~n_yar1s)or i111Jtmes o ~lf P qyes pf: I , • 40.01 to 50.00......... .. .6.60 ~{,ch •employer; ,: 1· 1 , . • , : • • 50.01 to ·60.00 .. ..··· ····• 7.70 ' h) I • payrrient of medical a,n 1 •,~).trg1cal 60.01 to 70.00 ...... .:. ~:. . , 8.80 • l cl 1· . na,1"d 'medl'cai' or hosoit fu.l'lattendance·of upp ,es c . , . • ,t . . . ., ., 70.01 to 80.00 ........ ,... ·oo s~n e'i\1ploye o f .s uth e~1 l?lof et ? • • ,- : , !. . . 9 80.Ql to 90.00 ........ ,... ·: . • • (c) fo pdy n:ent for 111vc~t1g at,1?ns of ac;r50 9·so 90.01 to . 100.00 ... ,....... . uch- ·e'm ploy er, or ll.1 payment of m s 1 13 c en t s Of S . . •• f 1• 1 ·• 100 01 to • 150.00 ... :.. ...... • • ,·es tio-ations ~£ accid:n ts . o s uc.1. ~ml?. oy~r, ~r 1so:01 to 200.00 ...... ······ 13.oo. • "',men t' ~ iti\'est1ga t1. ons 'of mJunes 1 toj his 0 , .. .. ?QQ 01 to 300.00 ....... :.:.. 24 -00 • 111 pa~ . r •J ' r . -300•01 to J r . 400 00.•···... ·· ·· 30 •00 •.employes; (cl) In payment. of w1t n~ss fees m cases 400:01 to ,500:00,........... 35 .o~ wherein an order of award JS gr ante~ to the 4 • •500.01 t o 750.00.. ........ .. 6~-~o employ e of. su<::~1 employer .. [L. 31, c, 94, §,.3'. , ... . 750 01 to 1 000.00 ......... .,. · 1 •' • • ' · 8? so amending L. '21, c. 11_1 • § 2 , L . . 25, ~- 1;24, § 3, 1.,000.01 to 1,500.00...... .... .. • - ·oo L. '23, c. 60, s 7,; . C. S. ;zo, §. 433\. 1.,..,::;oo•01 •to 2' 000.00.:.......... lO0. l?0 00 ' Ci;e<l In re Winborne, 34 Wyo. 3491 244 P. 135, anto 3' 000.00.••· ··· ··· ·· 14000 - • -? ,000 •01 notated und er .§ 124-114. ' ,• · : ·• · 3 000 01 to 4 000.00.... ..... .. . · .... ... ... 150 •00 4· '000 •0 1 to 51' 000.00.. Filing of payrolls with state treas1 124~118. ' • ' ·175.00 Ovei: ,5,000.00 _. ... ... ... ....• ···· ····.. ········;· . . urer. It shall ·be tl~e luty of each 1employer to Provided~however; 'iii th at the· expe'.1~e p f !he forward to th e tate treasur er , on a blank fp~m administration of thi s chapter and of making provid e,d by said state t.rea~ uxer, fl. true ~PPY' th e collection s herein . fix ed , is g reater as to of his .pay ro ll o f i)e1;so ns 111 hi s emp\?Y engag~4 non-resident '. employers· engaged in ex~ra-h~z- in extra-ha zardqu ~mploy m ent d~nng, t.he.,c_ur-, ardous occup.ations, than such exp.e1:ise ,o~~an:is rent calet~dar .n:onth , sworn to eith er by hlf~to such ernployers bona ~ide d?m 1c1l~d w!t!1m self or tl1e perso1J hav ing know~edg~. of . s~1~l the state of vVyoming, the service. and J?O~ICl11g payrolls. E ach emp~oy e.r, , unless' o~?erw1se charge, upon the monthly prem~um · paid by ~upp) icd. ,vith, the last ab.ove blap~ '~?rm~; shall non-resident employers engaged 111 extra-haz- seasonab ly apply to said . state . treasurer f?r ardous occupations, shall be dou?l e the fo~ego- the same; and any e.mployer who shal_l' fail, ing schedule, '.3-S th~ same apphes to resident neo-lect or refuse t o funii sh such true ' copy of employers eng~ged m extra-hazardous occupa- hi ; pay roll of persons ih . hi s , em ploy! or. shall tions. .. . r;efu se • to •make· t he monthly prem1qm . payThe term "non-resident" em players .ot extra- ments as provided by tHe t!;!rms of this .chapter hazardous occu'pations, in this connection,.shall when they become due, and against ""..h~m a_n be construed as .an employer pf lab.o r engaged awarq 1s·.made; to .any ,njtired ·'Y~rkm.a,f1_:m his in extra-hazardous occupations, who for the employ, ~hall be persona.Hy liap\e t<? · the st~tt; previous twel!•e months has not ,bee1_1 a con- of Wyoming, fo i: the use and benefit of th~ 1~tiriuous contributor to the compensation · f~nd , clustrial accident fund, to be ,retovered . by. smt as in this chapter provided, and who has not brought by the state on the -rel.atio,n of th~ st~te been 'bona 'fide doniiciled, in; or ·a resi'dent of treasurer, ;in· a1·surrf ·-equal .-t o 'such award- ~r the state ·of Wyoming continuously for the pre- a\varcls ..as· ·are ' entered for 1 payment _from _tlie, ceding twelve months next prior·t,o engaging in workmen's ·comperisatidn fond of the state of· the business of an "employer' of:labor·in. extra~ Wyoming.' -The entry ·of, final or.der· by the hazardous occupation." .Wh~IJ.· any .SUGh . em-· judge of. ·district ' ciourt" ·having• jurisdiction of player, shall ,co11tribute _to sai~ fond '.1-s requir.e<). s1.'!ch ·cause ·approving ,and ,allowing an award by this c.h apter, f?r twelv,e CQ!'.secuttve. months_ immediately prior to the ·c?mmencemen~ ,~ithin • of c~mpensati~h ·shall· be prima .facie proof of this state c:if the occupation, the reqmrement, th_e habi!jty of an employer .so ·faj_ling to co1;1ply, to pay double the service and polic~ charg"e with this =provis~on of th~s chaptei:; . P,roy1de?, shall cease. • •• . that ijot;i~resi~eJ;J.,t ~tpploy_~rs,i upon e~ga~mg ~n any ex.tra-ha:?i~rd9.us oc~up~tion as defined in For .the purpose of ericouraging care on the t~~~ c~apt<:r, a.nd. having in ·their employ. work-; part of the employers and thus decr'e asing ac-· ni e•n perform'i ng ·such'. ··extra-hazardous i.vork, I 124-111. '1 ' ; I • • I • '.' 1 • 1 • 1 a �WORKMENIS :COMPENSA>I'ION I 124-126 • shall ; be · deett!ed • front the •elate bf · the com- · men , who·· nfay,• die ·as tlil 1resuit -• of · stich inmeii.cementr. of s'\.'fch;.,vork, to· have •designated .' jtiries, except--in -case of ;ii'ijurie·s clu·e ··solelf ,ffo the :secretary, o f state of:the 1state of vVyoming the culpable neg ligence of such injured Jem 1 •' tfreir • agent· fori 5etv•i ce of '. any • process upon , ploye, shall receive out of 'the industrial· !tcti~' tI-iem :i11 ·al1.y, action prosecuted hereinundet; cletit fund , compensation·-• in·: dcc6rclance witl1 ' and , fui,ther, hprovided; that• the secretary . of: the followin g isch'edtile; ancl :such payment shall 1 state, · upori •the, receipt of • ariy process· shall ·· be in lieu of and talc'e the· place of any and aU ·! send the saine '.b y registered inail to the address ·· ri g hts :of action against. any employ'e r • ·c onof the' addressee only, and •shall· request th at a·• tributing, as req uired lbyt!this ·c hapter, t o .. tHe return· receipt .·for same ! be ·,furni shed. The industrial acciden_t ifun.d ;in 'favor rof ·any person ' pro\Hsions' of. this· sect'.ion 1 shall i10t modify .any . or persons by reason of Jariy,,such injuriesi•or'. • other' provisions of this 'c hapter, but shall ·be death . •. · :. : • ",, •• ,,,, rf--w "' ·' ,. . . •: •• deemed to ·be in addition thereto. • (a ) . "Perinan ed t '. pa1\ ial·1,clisability'.' ineahs·.. :It·shail flll'th b ·' be -the duty of each eniployer the loss of either .one ·foot, Jon·e leg, ·one hand., ·: heretofor~ ,ni.en'tionecl to notify the state treas~ one ai·m , oh e eye, ·or the Js1g ht'tot one· _eye, one • urer •in ·the 'e,teht' tlhiH1e ,l1as ceased to ·employ or · more fingers-,'-one or more toes, a nd dislocaworUtnen _in:·occupation·i; ·of •an •extra-hazardous ti on •wh ere• the ligalne11ti lare ,severed;. or any:: natuire: :a:s ·idefitied •by 1th is chapter, An y 'fa ilu re • other injury kno,'\'T nito ·sui:g ePy to be pernianent • of ·;any such , erhployer to file ,vith said state partial dis abi lity>. Fo1' any J? ef manent: -partial • tr:easuver ·a••copy · ofi his payroll as lierein pro- cl isabi lity: herei'nafteh .specifically described, 1·e- • vided, •sha'll 1be .a n1isdemeanor; and ·any wilfully · sulting from an.:inJiiry; tthe workman shall' re- ,: false ·statement 'in atiy ,affidav it made as herein ceive a lump·.sum!as follow s : • • •, • 1 , , •. •I prov'ide<l . =shall , likewise constitute• a• misde- F or th e loss cJf a t huinb 'ii..l, ....... '.. :.. :.:.r.. •.$ 337.50 •, me111or, and-· any 'misd ei-frean01' , committed in F or the 1oss of· a first finger ..... ,.. :...,... .. ... 300,00 violation of thi s section shall be punishabl e by _ F or the loss of a second fin g er ........ .. .. .. '· 225.00 ., a fine ·of not .n;ore -thai1 •.five htinclred ·c1oll ars 1 For-th e .loss of a .thi1:d finger .......... ":..•. -225.00, ($500.00). f~: '29,' c. ' H9/ §·1,: ame11di1ig L. 127, F-or ·the loss :of ·a fo urth fi ng er." .... '.. ,.. :.. 225.00 . F r, tH e' loss •of a pc1lm (metacarpal • ..• c.' 111,§.3; L.'2~/'.c!·60,·~.8;• C . . •'~0,§ 4332. ~ ~ I •t ~ bo ne) ', .. 'i. .... .....·.. ;.,'! ......: .. :.. 1.... , ..1.... :.... , .. : , 900.00 .: 124-J19: ,Inspectoros-F:ailpre to pay ;:i.ssess- Fo r .th e 'loss 'of a hand• .. /. .......:.... .. .... .. ·1,500.00 : ment-Penalty. The slate treasurer is author- For the loss b_f ah arn1' at ot below · ' .~ ·~n ized .a11d , empo,vered, for the p,m:pose • of enelb ow ,... : .. :. .: .. .... :.... ... i.: . .. , . ! .. !.. :..c .. .... .. 1,800.00 ,: for.c ing ,the , pi•ov i.-sio!1s of thi s c.hapter, to . ap- For t he .loss of a'fr 'a nu, abo,r.eielbow .... i2,000.00 ppint two' inspec;\oi;s, ·the salar_1es - and -act\tal For an ky-lo is (total•. stiffness·, of)· or ··COnJ ,r an<l uecessary ; traYeling expenses •of suc.h m- tracture~ ( clue ·to scar.s :or ,injuries) 'Whicn 'rnake spectors- to l;>e pa;icl. out of the' industrial acci- t he finge1·s mo·re tha11+ lfsel'ess, the same , <le'n t fund: ·Jn. case any employer engaged, i11 amounts apply ··to:.such finger· or . fin-g·ers (not ·, atJY. ·~xtr:a..:hazard·o us busi ness or industry, as thumb1 as given ~bcive: :: i ,...,: ·.·,., ,, ••. •1 • defined:·by . thj_s ch.apter, shall fail or refuse to The-loss of a third- or 'clistal: phalange ·of '~he ' pay; th,e assessment upon \1i s current monthly thumb shall ·-be co11siderecl ' to be equal to the ' payroll,,a,s-;is req,u ired by this chapte r, he shall loss·of one-half of such t1mmb; -the lbss of t'he ; be guilty of a misdemeanor ,and .s~all b'e pun~ more than ' oneJhalf 8f ·such ·thumb 'shall" be ,. ishecl by a fine of not more than five hundred considered to be equal'to. the loss. 9£ the 'whole dollars . ($5QO.OO) : aqcl in addition , to the sa\d thumb. • • . ,.-' • . ··!• - • •• '· ,' fine it shall be the duty of,the.attomey general . The loss of. a third .or ,clis'fal •phalange of'.'c!:ny 'of this . state to .immediately bring suit in · the fii1ger .. shaH be coi1siclet:e<l ·ta: be· equ~l' to the"' name ~£,th~ .state ,for the benefit of the in~us- , loss of twb: thirc!l o,f•·such' finger: r - :· ,· • . I .. I trial act.i<le11~ ,fond; ,against such empl.ayer,_for, . 'The loss of· iri6re ,than;: the rniddle and' 'distal tl).e •collecti.0n , of · such , assessment, and 1£ a pli~langes C?f ·a•n·y fi1?-ger : sh~lF ~e ·co_nsidere~ to judgnJent for. the r:e.coyery of said assessment • be ' equal to the loss 'of' t:he whole .firig'er; pro- · 1 he giv~n. in ,fav:or, qf 1the 1 stat~ .for .,t h.e use, a1;tl vided '" however, • tn4t' 'ii1 i10 cast! '' sl'ia.11 Hie I benefit of·,, tlw jnd.usti:iaJ .a ccident fund, said • airfoti~t received for more than one:finger, exjudgm_e1}t . shalt' b\! ·.for, do;ub!e th~ amount -of • ceed the amount' in this · sch'ecli1le for the loss the . payrol~, c!;S~es~~n~_nt , p,rov1qed m §, 124-1,1?,. of a hand. • • .. ., • , . ,· . . .· toa.ether with costs. [L.- 27, c. 111, § 4, amend- For the l'oss .of 'a -great t!:Je ·.'..... ::....'.:....,.:.. .. $2Dq.00 in;'L. '23,' •c. 1!60;' ..- §.9 '; I C.. S.,'2QJ . § 4333. For the loss.. of one of tlie toes o·~her ' ; - • I • ,• . , .•; •• than great toe ·.... ,<.... ,.'. :.:..... ::.... J .::...... .. : 150.9()·. 124-120. ,' Comperisatlon s~hedule.· Each e1n:: The loss of··mo're •than 'two-thirds .o~ a'.n)' toe • ploye; who ·shall be fojur~d in anf of th_e ext~ashall Jje considered· equal' to·· the loss · of ' the hazardous -employments as here1!1 _defmed, or ' whole toe •.;.. r.. ; ;; : ; ' r • ' tlie dependent family of,any,such mJured workj . - ' . • • , I • ' : • , • • I l • -. ' • , •' • • i 1. J .. , • f : ., , ' ' �WOR~<MEN1S COMPENSATION I 20.08 . shall• have, p.ower; ?-t any tim¢ 9udng_ said pe\·Th~. loss _of less, than t,wo,thir~s: of any t~ ~ ' iod, upon applica.t10n and h~armg1 with notice 1 sb~ll 11e c<;msidei;-ed, eq4al, to t4e loss of one-h to tbe emplo;yer, ,wd a showmg-of th_e necess.1ty of th,e tq~t •. . . ' tJ1erefor, t,o order all ·or cllJYr p~st-of the__u~paid For the loss of a foo.t ., .. ..- ... .. ........ •.... ...... $1,- •. , balance of tl;.e awaxd· t,0 ·19e p.a.l~,, to th.e m~u.red· For t·l1e loss of a leg below the ~nee .... 1,500,00 \.\'@ rkm<Jn as a hu;1? p s.w)1_; pr.(i)y.td(jd.-_t_ha,t \( the Fqr1tbe loss o_f a leg, above the knee .:.. 1,800.00 ' w,Q;;}onan sha~l che_• leav~l~g ~Jl. ttnpatd lvalcin_ce F.o r 1;he loss: of an eye or the..sight • '· ,• of tbe· a\\ <_1,rd, the'n: s.u cb u11-pa1.~ bala\1c.e sh;all,b(! thereof . ...... :.. ,.... ..... ..... ...... .. ....... , ... .. .... .. 1,800.00 r~turn,ecl, to. •~h_e, ind.us t.ria.t ~~~1dent fun.cl. a:11.d be , •For, any other injurx .know11; to sui;gery to • ci;edited., t,o, .the ·emJD loy.e r; s bnJance. If, the. be permanent partial disability, the worl~mar. • woxkman snffei;in_g ·.si1ch_, pet7tJ1.a.Ren.~ total disshall receive a sum in the amount proport10nal abili tiy: have · a hO)'i 011 boys, t~u,de~ s_1xtee.ti; (Hi) . to the extent of sttch permanent partial. cUs- years of age, o;: girts: .u ¼1.cLer· e1gh~_een. :( 18): ye_arir ability based as near as m~y be upon the foreof age, the g,u~rd.\al1 of s1,tch_.child o.r Ql;uldr~u, o-oino- schedule but iri ever,y such case the ~1110~1,t allO\{,eci for; the• injur,y shall be paid in appoi•n,te~J as hecev1a~te,r p.r~v,1de~l, shall--r.ece1,,~e monthly, i)1stallments at th e rate of fifty dol- fo r the use ancl be!Jef.~t.of said cht)d or ch1ldre1J; lars ($50.00) per month_if th.e workman be un - a li1111p tp]l of OtJ ~ l1tlt1:dred aJ1d , twe1:1ity, ~ollars • m.arrj_ed a_t the time 06 the injuFy, and at the ($i°20.Q0) p.e r y~c.lt;: ~o r .ea.ch boy, • lll1.<le,r s1xtee;i rate of-sixty dollars ($60.00) p.er month. if the ( l_(j)._ y~a.i;s 1.1rittL t_he. t11;n e w hen; ea.ch .of ::\aid w.orkman has a wife with ·whom he is living' at bo,ys )1al·l bec;qme:-.s~.-teen ' (16) y eaIJs of age, , the tih1e of the. i_n jury_; prov.ided, h_o we.,rer, that and; a : lum p sum- of 0~1e hun,di;ed a:n1 twen.ty, the court making su.c h aw<J.i:d_shall retai n j,uri s- dollars ($120.QQ) per' year-, for e:ach girl unde_r diction oLthe same until said a.ward shalUiave eigh tee1:i (18.) )re,\1:s· of age .tln til th.e -tim.e w.hen b~en. fully paid, wi.tl}: .poy;.eb to modify or each or said girls sh;:i.11 beco,me, l'!Jghteen ~is). change. the amount of the a.ward to conform years of age; provided, . that the ag~regate to any- change in the cot:1dition of the injured lump pai d t o said gua_rdiqn s h<1,J)i .in no ca.s e ex- , workman, and sha_ll· ha..ve power at any time ce~d fo ur thousand 9011,a rs• ($4,0.00.00), and. any- . during said period, upon application and hear- ' and all a ,".ards mad e on acc_o pnt of a1Jy s'-'ch. ing, with notice to the employer, and. a show- child or chi ld ren, ha!!' be disbursed under a ing of the necessity therc:£01', -to order all oi:.any proper guai,dians hip ·to be crea.t~d :by the court part of the unpaid bala.nce of t_he award to be . or .judge. niaking s uch award. (c) "Tempo1jary: t otal disa~ility" means an pai_d· to.the injured workman as a lump sum : · (b) "Permanent total: disability" means the injury "hich, though it• ma:)' res ult or does r-eloss.. of·. both . legs or both ar.ms, total loss of su-lt in a pe'rma-nent total or part;i'al disability, , eyesight,- paraly,sis ·or othei: conditions penri_a:-, tem:po'rarily incapa<;itates, the injured: person nentl)~ incapa.c ita.ti1)g t:he workman f_rqm pe~- froi11 performing any ,vork .atl any gainfol occuforming any " ~ork at• any gainfu) occup~tioo. pation•for the time, but from •W•h-i ch :injury sti~h ·where there has been a pr.ev.ip us disab ility, a:=.: person may recover by 'ntedical or. ·surgical th,~ loss of one eye, or t)J~ sight, thereof, one treatment 1 and, be able ·to. resum·e. ·work. , In hand, one foot, or any. other, prevjous p~rma- such case, if the workman be unmarried ·at the nent- d.i sability, tlJe perc~n.t,<lg.e of· cjisabilit){· fpr; • time ' of. the injury, he. sball 1 rcic'e ive the -sum, of a s,u qsequent injury, sha,1-1 be de.termin~d by fi~ty dollars ($50.00) per- mo11th; ·s o long as the- ' ded].!!=t.ing, tJ1!!teft;o111, the: pei:c~ntage of · the total disability shall- 'continue. , If; , he have;•a, previous disability, as it existed at the tin1_e ,of· '"ife \v-ith whom he -is living.• at the .tim·e of, the the-suJJse_qu~r~t injury,. \IVhen permanent total injury, he shall- receh;e sixtj d·ollai:s • ($60.00)' disability results from t!Je i_11jupy .the, workman · per, m·0.nth; and · if he' _have, ~oys under sixteen shall receive the . su1n of..four t_h ous 4 qd . dolla.rs (16) years. of. age• or- girils mider ·eighteen, (18} • ($4,Q00.QQ), b,u½' in ev.ery sµch cas.e the amo.u nt • years •. of age, ·or -both 1he: shaU:,r.etei've·-for• each-· allqweq. for the injurjr shaU: 1,re paid in monthly; se:ve-n and; on~:ha-lf. dollars•. ($1:S0}'•per: in0nth, insta,llm.ents. 4 t the rate of: (i(ty: ,dQllar!'\ .(~5.0.00) but· th~·- total monthly. payments shall not -~per-month if the w,orkman,b.e Uru'flarried;at the c~ed • mnety doll_at-s. ·($.99100~ · per month. :No tim~ qf1 tli!! injµry, a~d ..41:, the. ra;t.:: o~ sixty dol- comp~nsatton,, _exc~J?t t,lfo,•~ipens_e •o{ medical lars ($60.00) per fi?.OtJt!J., if the work.m.aµ , lrn,s a!ten-ttc;n~, sha-Jl 'be _a-llowed' •for -tli.e first seven a wife with whom he is livii1g at the tiine of the injury; provided, .ho"'fe,,.er,, that tl1,e .cqu 1t , (I) ~ays of dl~abilit:y.,~ui&_s s· the in~apacity. ·exteucls _beyo~1d th~;.. period. 'of' tw.~ nty-'cme (21) making such .a.wa,rd shaH r,etajn, jurisdirtio~ .qf days, 111 which case the compensation shall' run t11t· saJlle until . sa,id awards slrnll hqye been fr_om) .~h_e tim,!:l , o,L.,the .iIJ.jur-y . . As. ·soonr as re· fully paid, with,-pow.er tq m.odi£-y or: change tqe cover -· • ' · - •· .. - · • Y. is.,so . con1pl~te, thqt the earning poweramo.unt of: tile <!Ward to coJ1form,'to, any change th ofr ~ wprkman_a1;, an}'i•.kind .of work. is restored, in the condition of the injured workman, and. th e payinen-t_s shall0 cease; butr in n~ .case shall• ;00 00 I I �2009 WORKMEN'S CQMPENSATION 124-120 ~he total payments made in such cases exceed · · per month; provided lio:w ever that the court • • • ' ' npon. 'apphcatton • • and .f amoun.t h. er~m ma J<~ng sue_Ii a war? may· ~p~~ 1 1~ to .. ~ paid ~u mJured workm~n fo_r_m.- , h.canng, with no_t1ce ·to tlie employer and a Jttnes causmg p.eimanent total . d1salnbty. sli.o·wi"ng of the ne_cess.i.ty therefoli, order all or \V_he 1_1 th e worl,<man_ has non-res1d_ent alien , any pa.rt of the. unpaid .balance of the award to clukh en· he s_h~ll receive only on~-~hird of the be. pai cl to the s_urvivihg, spotise as a lutnp sum. sµm_ ab.ove fixed for_ boys under _sixteen (16) If th~ surviving sp0use shall re-marry before yeai s of age and girls under eighteen (18).. all -of sai.d award has been paid then he or she years of age. . •, shall onlv be entitled· to recei v:e the sum of two . . ( d) • In all cases_ of ~cu1~o_rary total disabil- hundred , and . seventy dollars ($270.00) out of 1ty, per!nai~e_nt partial cltsab1ltty and permanent th e uupaid ·balance of sa.i:d award, and further t?tal d1Sability, the_ expens~ of medical atten- payrn ent shall cease; a..l'l<l' _any bala nce of the twn and of care 111 _hos.pita! of the , injured ~ward sha;H revert: to th e depend ent children, :voi:kman, $\:1:a\J be paid fro1u. date of said in- 1f any th ei:~ be,; an,d if there be no dependent Jury, the expense of medical treatm ent not to cbilcb·en the u11pai cL balance of such award shall ~xc;ee,c~ one hundred a.net fift:y dollars ($150.00) retur n: to. the g eneral• fun.d and th e same shall 111 an-y, case and. th e expense of care in hospital be credited to th e employe r's balance; if the n~t · to ex~eed ·OD<': hundred and fifty dollars ur vivi11 g sponse .shall dj e before all of said ($150.00) 111 any_ca:ie, unless under general ar- awa rd has . been paid, th en th e unpaid balance range~uent the -wor!nnan is entitle d t o medi cal shall n:ve rt . to th e depeQd ent chil dren, if any ; atte1~t1011 and ~are 111 h.o pita!., or th e employer if 1-1 0 dE:penden.t children, th en such balance furn1sh~s , a.d cq,ti.ate and proper m edical atten- sha!J revert to the general fo nd and be credited tion . and hospital facilitie s to- hi s emplores; to th e emp loyei:'s. balan ce; pro vid ed, in any provided, howe"er, that no bill or fe e fo r med i- case, where the sur viving pou e hall r ecal attention 01: care in ho~l,)itaJ. shall be al-. ma rry or die before all of the award has been lowed or paid with out nqtice to th e em ployer paid, the rema ining_ balance shall be paid to and a. hearing if 1:equ e_s ted by said employer. the sur i,·io g depend ent children in t he fo llowThe state treasurer shall have the. pow er to es- ing manne r ; I n ascertainin g the a mount to tablish a schedule fixin g the fee s for ,Yhich all be paid to ,each su~·vjving child in th e case of medical, surgical, hospital or oth er legali zed in alei chil dren, t he age of such mal e child shall forms of treatment rendered to employes und er · be fi g ured from the time of th e death or rethis section shall be compen sated. Each phy- marriage of such survi,;in g s pouse until such sician or surgeon attending a workman injured mal e child attain s the age of sixteen (16) while engaged in extra-hazardous occupation year · an d in the case of femal e children, the shall file wit.h tbe clerk 0£ the court of the t ime _hall be figured from th e time of the death county ,Yithin which such injury acct.ired and or Tc-marriage of Sllch surviving spouse until with the state treasurer, under rules to be pre- s uch femal e child attain s the age of eighteen scribed by the state treasurer, a full and com- (18) yeai;s, and the unpaid balance of such plete report fully describing the nature of the· award shall be divided- in each instance by the injuries to .such workman; p1:ovided, that such 1:umber of months b<,twecn such periods of report shall not be required unless the dis- t1_m _e. In ~ase of _the death_ of any of such surabilty resulting from such injury lasts through v1nng children, the J?0:t10n of such award the day or the injury requires , medical services made p~yabl~ t? such child by the t~r~s her_eother than the ordinary first aid treatment. o.( shall be d1v1ded , ~mong: t)1e surv1v11:ig ch1IAny physicia,n or surgeon failing to fil~ any re- dren ,pro. r~ta; p1:ov1ded, further,_ tl!at if all o.f port as herein. provided shall be pumshed by the ~urv1v111g cl11ldre1~ s]Jould _die b~fore t~e a fine of. not m.ore than fifty dollars ($50.00). unpaid balaQce ,of th~. ~ward 1~ ei:itu-ely .m.§.:: \\There death results from an injury the ex- tu~becl. then the remammg undtstnbuted porpense of burial shall be .paid not to ~xceed T(on at sucli .aw~rd shall reve1,t to t!1e general one hundred. and fifty dolla:rs ($150.00) 111 any fund_ and be cred1teq to ~h~ employers balance; ca,se, unless oth.e r arra_n gements. exist between pro:vid~d, forth.el',, th";t 1£ 1t be shown that the employer and. employe unde.r agreement-; s~rvhm1g ,spou-se w1lfully deserted deceased (1) But if the workman leaves a widow or w1thout ..£ault upon the part of the decea~ed, invalid widower to whom he· .or she l'ias -been such surviving· sp,ouse shall not be regarded as regularl0r ~al'ri;d by a marriage duly. sol~mn- a_ dependent in arty de¥ree, but in such ca_se· the ized by a legal ceremony, such su~vtviilg right ?f boys _und_er sixteen , (16) years of age spouse shall receive the sum of two thousand and girls ~nd_er e1ght_een (18) -¥ears of age !o dollars. ($2,000.00), but in every such case the compensation shall no_t _he defeated. If said said ·award shall be paid in mon.thly installs ,~orlo,:ian leaves a surv1v111g b?y· or b?ys under men ts at the rate of forty.-ffve dollars ($45.00) • sixteen (16) years of age 9r girl -or girls under 111 .t 1 1e ao-greo-ate the lump sum cl b · . .. 1 �124.:.120, 2010 WORKMEN'S I GOMFENSATION! • t6-Jliave res ulte'd ;from !-\fa_rinj_uries,' the'. widov." eighteen (18) years·. of i a·g e·;:the gua:1'dia~ ·oL of: said workman shall rb_e 1ent1_tled·:to an · award , such child or children appofoted as· herein~ft~r , because of tHe deci thrbf.the1'workman as 'herein provided,· shall receive •for · the use'. and bend1~ • . ,,Med but ·.t,he anrotfnt ,of•the ·paytn'ents •re- · Pl 0 ' , I • , of said .child or children, •a .Jump sum of one ceived by·: the : inju:red ;,·wor <man ,111 ·.e,xcess 'of. hundred and twenty dollar's ($120.00) ·pe! _-year : two th o·u s·and ',dollar.s ('$2,000.00). pnor• to ' his , for each survi\'ing-boy undet sixteen (16). years_1 death shall ; be cl edt1cted, I ~1:0~1 -the • a111~1\n.t rof of-age until the time,when each of said surviv~ he'r awardt '·. ; 1 ·'• 111 ' • ' ' > •11 • • • ! , •1 ing boys /shall becOJ11e· sixteen (16) :years of ( 5) If t he workman leaves n~. · . ";lid'ow; , or . age, and · a ltimp sum , oP ofie hundr'ed and 1 widower,i or bOY,!ll!1~~r· ~h ~ age of _ s ixteen (16) twenty dollars- ($120.00) per year for ead1 surviving girl urider eighteen (18)· .years of age yea rs, or g irl, uncl er •the· age o'f J e1_g,I:i~ee1ytl8f until the time wh<':n each of sa id surv'iving girls years,· but leaves •a ' parent or ·par.en ts: survivshall become eighteen ( 18) years of age; · pro- ing, such survivirig par~nt or p~r~n~s, if ·living. vided, that the aggregate lump sum paid to in the Un ited States/ s hall ~·ece1ve· a -h~mp •sum said . guardian shall in no case exceed •three of fiftee11 hundred ,·dollars ' ($1,500.00); prothodsand, six · hundred dollars ($3,600.00). In vided,· a parent' or p,tren'ts,,,w ho ' a1"e clepen·dents all l cases where an orde.r of com pensaiion is and · who are non~res icl ent a li ens, shall -receive mad e on 'accou1it of boys under s ixteen (16) a lum p. um of 'o ne-third·of ,f iftee n hut1dred do!• years , <;>f age, , or g·irls · u11 der eighteen , (18) Jars ($1,500.00) . 1· r L. •-'31•, .o.- 94, '.S 4, a111endi1ig years of ·age, or both·, or to ·persons ii'1 corn~ L. 129, C. 48, § 1-; L ..'29, c. 64, §· l; 1 L '. '27, C. 111' . petent, sa id ·,fund shall be di bu rsed • under a ' § 5 J ,L . '25, c. 124,: § 4,; · L. '23; c: 60, §§ ·-Ib,. 11 '. .•'20,, § 4334.' : •. - ' · i:froper guardianship•t o ·be created by the court L. '21, C. 138, §§ 5 l 6, 7; ·c_ f or ,judg:e makin g such an order. '· • Und er sub-d ivision b nercof, policy to allO\v more· (2)° If t he injured . ~rnrkrnan die .during-the for ch ildre n of a 'disaliled than for tho ·e of 'a deceased . held, a question for the legislature. In re perioc;l of t ~rn porary total dis.ability and after workman Brennan, 29 Wyo. 11 6, 210 P . 939. _ receiving comiJen sation :therefor, as herein proAwar9 for "pe_rnianent total disal/ility" nade .only vided, and hi s death be shown to have re- ' in clear case. Stan.dare! O il Co. of' Inc!ian·a v.1 Sullivan • • '1 suited from sttch i1~jtities, the widow and the 33 W yo. 223, 237 P. 253. 1 ' ' , Evidence showin g· enrploye's loss of finge rs oti I.ioth , gnarcfoi11 of the 'workm.an's Jboys •und er (16) years of -age and girls m1d er eighteen (18) hand s, .held, to ju tify , a,yard (or perma ne.nt total :dis- . abilit y." Sakamoto v. Kemnierer Coal Co. :i6· Wyo . ye~·rs of ag'e 'shall be entitl ed ' to an award be- 325, 25:, P. 356. ' '' .' ' '' • cause of the death of the workman as herein· Sum paid fo r tem porarY. to'ta l disabilit) should be provided, but th e total. amount of p~yments in deducted from lbtal pennanent •i.li sa bil ity· awardi Id:. · excess o~ two thousand·, four hundred dollars . Employe h el~ , entitled . to payment o f .compensation ($2,400.00) rccein~d by the injured workman !ll manpcr p;·<;>v1d cd by statut.e in .effect at time of ins In re H 1bler, 37 W yo. ~32, 26 1 P . '648'. • during such di sab ility and -prior to his death Jury. Ge nerally speaking , the ··lcgislatu~c did not inte1id shall be proportionately deducted from the d?t_ible co111p~~1 sati~n to injured ' emt)loyes, un·d er proamounts herein ·provided to be paid to the sur- v1s1ous of this scct1ou. Mars!\: v. A ljoe, 41 W):o. 220, al so ;i,mder § 121-137., ·,, _. . viving widow and the guardian of the work- 284 P: 2,60; .ann otated . ' • • man's boys under sixteen (1'6) ·yea-rs of ao-e ~24-121 : Additiona( compens~tion for -.di~- · and girls under eighteen (18) years of age. '." fig_i1_ relll:ent: In all .cc\s c!s· of te1~1 p oi·ary totai clis'f (3) H any workm.a n die within one year ab1hty .<?r, peJ:marie'n t __ 'p'artial,, dipal/ il'ity w\1erc . from the ?ate ?f r~~eiving an. award for permanent partial _d1saL1Iity and .his death be shown the wc;)]·km,a n :3hall si.tHer pe1:11Hinent disfigureto ha,;e resulted from the irijnries for· which the me!1t to _th~ f~ce _oi·' .J1e,ad' i:>f ,1;iat_ure, St;) great a\\'arcl was granted, the wi.clow and the auard- as to ,affe~t the_worJ<!nan's.i~a'n1.ing ·capacity ·iii ian of . the workman's boys ui1der sixtee~ (16) se~urp~g e1_n ploym_ent, the. 'ivorkman shall reyears of age, and girls ·ynder ~ig~teen (18) c_eive,. 111 pr<?portion 't_9 tl1e 'exte'n t 6'£ stkh disy_e ars of age shall be entitled to an· award be- figure!nent, a lump·_s11111 in, a'd ditioii; ~6t to excause of the death of the workman: as herein ce7cl five hll)l<lre<l <lo~la1's ($500.00). The court · ·c1.e~~.;10_ t· 11. 111' • ma ' ,· , k•.:. pr~>Vided, but . the amo.~ ht •of the payments re- shall . ·, . take . into _co.ns,1 mg· , t he ceived by th,e injured . workman prior to his h\\ ard any ~ormer _tjisfigut~Tl}ent to the fac~ or ead o( ~t'.cl1 ,~,orkm,an. [L. '29, c. '. 64, .§ 2. • death shall ··be proport10nately deducted from· the ~n~ount~ herein provided to be paid to the 124-122 Comp • t: :• £ • ' • ' . ·: • .. k. . • ens a 10n or herma. ,•A wor surnving widow and the guardian of the workman 111 order t 0 b e •ent1t • Ie<l to compensat1ort . . .·for · 11:an's boys u:1der sixteen (16) years of age and. 1 . . 1e1tua must clearly prove. • , . • . girls under eighteen (18) years of age. : , 1 Th • • ' ., ··' • ' • • T at the hernia is of. recent orio-in • (4) .If any workman die · within two years 2 hat·t o • from the date of receiving an. award for per- pai • d .1 s appearance ,vas accon'lpanied by manent total disability and his death be shown of ;:• an discolorati'o11 ..al'\d evidence ,of tearing tSsues were.•pr.esent,; !•,· , . . , ..-, ' ! . ' .• • t • I ' ~ • ' f �2011 · 'WORK MEN 'S G:<DMP ENS½. :CI O K 124-128. ·3: Th~t it ,was · -i~ni. ediately preceded [,by; some ;accidental stram- suffered· in the course: of the e~ployment·; , . ' ; -•4. . That it did ·nc:it ex ist prior to . the ,date ·of, the alleged -injutiy. •• . , , • : ,, If a w or~man, _after e?tablishin g his rig:ht ·t,ol compensati on for hern )a a:s •a~ov·e •provided(: elects not t o be op erated upon, an d t he he rni a be~omes strangulated in th e fti ture, th e r esults f.rom such stran g ulation ,.t ill not be com pen-• sated. [ L. '29, c. 110, § 1. , .1I. the.,~ai 1e -·as any .otheu1 j)l=operties of minors. [ L.: /15, 1c 124; § 22'; . G::.- S. '20, §.4337. ;, .· : , ., , 1 .,. . , . • ·f ., .. ,. : • :J.,?4, 1,?6:; • Extr,a-lw~ardo4s, . ,public w_o rk-,C'o~tract ·wor:\{. , '\iV heny~'er the state, cotmty or api)' m ttt1ic;ipql.~or por~ti9n s,ha:lJ ,engage in .any ext ra-h..;p:ard0us work ;in ;.which workmen ,are emp loy('.cl for .,yag.es,. this clu1pter shall b<'; appl icab le. th ereto. Th:e cmp lpy er's pay ments in,t o, the .i ncl\\Stfial accj<J~i1t fw1d shall be made from the : treasury- of .the state, county , or 11111ni cjpa\ity. , It saip. ' "'.Ork is being done by ,con124~123. Forfeiture by injured employe:- tract the payroV of, t h.e con tractw a nd th e subPaymen~s with~eld. If. any in jured em ploye contracto1' s)1q )I be ,th~ -b~sis . of computatio n shall ·persis't in un sanitary or inj uri ous pr actice, and in . the rcase of con t r.act ·w ork consuming which tend s to -imper il or retard hi s recovery, less than ;one,,year ;i n _p.e rformance the req uired or if'he shall refuse to subm it to such med ical· pay n1 en t into t he % ctdc;nt fu nd.s hall be subject or •surgical treatm ent, as is ' r easo nably essenl to the pro;\,' i~ions of t hi s chapter and the state tial to p romote hi s r ecovery, h e shall fo rfeit fo r ) ts, gype1:,a !. fund, the county or m ull'ici pal: all' rig li t to com pens atiort und er thi s chapter ; corpora tion ,s.ha1 fb e entitled to co llect fr om t he and where an injur:ed emplsry e is u_n d er cai-e contr actor · t he full amo·u nt pay_ab le to th e · in° a nd treatm ent of a •phys ician , -he shall not be dustrial accid .ent. .f und and the contractor, in permitted to personapy r eceive or u e any t m n sha ll · be -entitled t o collect fro m the subcompensation pay!1ient s allow ed him u nder contract91: hi s, proportio11a te amount . of paythi s chapter, excep t upo'n the order of such rn t;nt~ J he provi ions.of thi section shqll apply phy sician, but such paymen t s shall b e with - t,o: al l _e xtra-hazardous '\vqrk .don e by contract, held and ' delivered t o such' in jured ·. w orfoha n except that in priv ate work th e con tractor shall upon hi~' r ecoveri ot discha'r ge by such ph ·.- be. respo n ible. p rimari ly and direc tly, to th e sician. ['L. ' 15, c. 124, § 20; C! S ! '20, §''4335. • indu trial ' acci dent f und , for · th e p ro per perccn tagi:: of ,th e •total pay roll of the work and Uo cli fi cat ion of · in structio n i,\S to effect o [ i.njurio~s practices r etardin g r ecovery of injured employe, helrl.' fo r th e am ount due it, an d the ow ner of t he · not imprope r. fn r e Hibler, 37 Wyo. 332, 261 P . 648. ' prop erty affe~ted by,' the con tract shall be su1eE m ployer ha d burden of proof t ha t em ploye :perty fo r such ; pay ment s .... v; henever, and so 1 sisted in injurio us prac tices reta rding ~ccovery, Id. loi1g as u11 der th e .stat('. la,v, city charter or rnu To "pe rs ist" in injurious ·practices retarding inju red emp loye's recovery means to cont inue again st opposj- nici ~al ordi nance, . prov ision is made for mu• nicipa[ e'm ~l,oy~s inj ½~e.ci }11 th e co,u rsy of em-. tion or remon strance. Id . • • ployn1ent, uc'1 en;iploye sliq11 not be ent itled 124-124. Exemption from execution or at- to tli e be11efit s of this ch apt er an d shall not be tachment. No money paid or payabl.e under in clude~ in th1e .p,ay roll 'of th e mun~cipality 1 this chapter out of th e industrial accident fund un der thi s chapter.' 1 [L . :' I 5, C. )24, § 23; c;::. S. '20, § 4338. • • •• • • • •• shall, prior to issuance and delivery' of the warrant therefor, be capable of. being assigned,• Cit ed in •L eslie v. City of Casper, 42 \/\fyo.· 44, 288 P. charged nor ever be taken in execution or gar- 1-5, a nn otate.cl und er' § 124-1 ~2. . • . ; • 1 , • • • nisheed. Any such assigm'nent, ·attachinent, l • garnishment or charge shall ·be void. [L. '31, , . 1:24,:,1_27. .Safety 9evices. Nothing in this . c. 73, § 61 , ·amending L. ' 15, c. 124,' § 21 ;. C. S. chapt<;: f contain ed shall .repeal any existing law '20,. § 4336. • • • provi cjing for· .t ~e , in :>ta)lation _o r . maint<,nance Cited in L a Chappelfe v.· Union P aci fic ' C_o al Co.; of any de,vic.e, ,rn ea,ns _or rpethod for the prevention of acciclents ·in extra-hazardou s .work or 29 'v'V_yo. 449, 2!4 P. 587: • • for a penalty or punishment . fo i;- failure to, in-· 124-125. , Mino/workman. :•A inin~r wqrk- s'ta)_! •or' mai!ltain any;__s}t<ch . prote~ti ve ,device, ing at an age legally permitte_d u_n~t;r_ the J3:ws means or method. [L. 15, c. 124, § 24; C. S. of this state shall be deei:ne<l sm JU!,'JS,_fq~ the '20, ,§ 4339. '. ! . ..,; ·,, f;., i: .. t .J •• ,,.. • , !, ·! , , 1 , !1 : , purpose of this , chapter a1;d no ~ther .pei:s9!1 · t , ·tr ,l~4-128. ,Unlaw~ul to receive more .t ~an 5.% shall have any cause of action or ri~t tq com:-, pensation for injury to such. minqr w9rkma11, o(comp_e nsation for seryices re~derep. It s hal,1 except as expressly provided in this ,chapter; . be u11lawful, for any P~r son:,or: a11y numb.e r, oL but in . the event of a lump sum payme_i;i:t be- p('.r §>qns acting togeth.e r ;or -separately or in any coming dt~e under this chapter to such, minor way, including attonieys; .agents, interpreters, workman, the· management . of same shall ,be. and all other persons, to receive or agree to rewithin the probate jurisdiction of the• c'ourts; ceive either directly or '. i11directli from , any , 1 1 • ·, ·: t 1· • , 1 1. , �20.12 , r.01\,rpENSNf,IO N WORKMEN' S! ~ J.VJ. ai'd .ou.t •on ,acco'un.t , . . ·bf i11-9 uries,,or ._ , death . result. . fr •· ·uries 110, ·s11ch ,,emp.1.o.y ments, and beneficiary or beneficiaries. undei; this chapter, P 111 1 111-01 G>m • • 1 • t · th · • for services. .rendered or to ·be rendered, eit~el' <> • ·format1011 re. atmg any ot·h er in 1 , .o. 1e :operatton jointly or separately, in relatio1! to pr_oct!~.m g on . a d 11lln1s • • ti·a.t1•0 u·· of, .Hus:, pap.terr, t1at may. be , ~ t . t. and to make a foll:•~epQrt· thereof, any benefit or ·benefits :tinder th1~ chapt~r, a 1;;. e1 es , d • 1 sum or sums ao-gregat111g- more· than . five P , . 0. f 111 ether wth st(ch rec.omm~r .at10ns as 1e .may centum of the ,~hole amount received '<?r , to_ be· tog nei· fo·.1--cha.no-es -or amend1n~nts here-, proF <> • . received · by suth beneficiary or bend1c1ane_s;, din·eem a;1d to publish a fol I ,repqrt the1 eof, to th~ on accoimt of injuries to any~ employe, and 111 ' . . 011 0li bef0re t;h e 31st day of Pecemnor, . . • 1?4 s 28. L '17no event to exceed· fifty dollars, ($50.00.): ~v~ry gover ber in -each ear. lL. J5, c .•, - , S- ; ·1 • -; person viol'ating or concerned in the ·v10lat_1on. C. 69, § 7; c. S. '20, § ,4343 .. i . 1. : ., , , of the- provisions 0Hl1is section s~~~I be gmlty of a misdemeanor, and i.tpon co1w1ct1on. thereof .12;4,t.32. ~~~m,_ination"" by,; state ti:~asµrer. sh.all be fined not ress than fifty · dollars The ·, stat~ ,treasurer . may, a,t any tnne 1 _on ($50.00) nor more than five · hundre_d d~llar_s t,w.en-ty~fp t\1.', h.ours' , not ice, ( u1_1Je ss :_such nqt_1ce ($500.00)-, to which may be · added 1mpnson- is waiv-e<:l: by .t h e. emp) oye1), e1theF lf! ,person_9r 111ent in the cotinty ·jail for a term not exceed- throu 01h· any. au t h0ri z.ecL m spector, rag.~nt- or , in o- 11inety days. It sh~II be the duty of the cleput;, exap1iile the b~ols::s, a~co-t~nts '._ 0J pay:c co~mty and prosecuting attorney of the county roHs of any em pl9ye1: at any ~1m e fo_r t.h: pur-. in which any injury occurs -to give ·all· necessary pose o£ secuxing ;rny _1µforrnat 1011 de :red •111 the le,;.al advice to any injured· workmari, or ~11s· admjni tration of t h1 . hap ter. [L. 27, c. 111, d~endents,' ,d10 . may' seek ad vie~ in makmg § 6, am ending .C. S. '20, § 4,344. and -filinO'· claims • for compensat, 911, and . to 0 . . . prepare all statements of claim or _other papers· 124-13,3. DisablE:d workman. exam.~ned by _ necessary or advisab.le to be filed by such employer's phy'sician-Recqvery rep9rted , t9 workm an· or dependents, free of all charges and court. An,y w orkman. awar ded co mpens.at10r costs: [L. '21~ c. 138,- §' 8, amending C. S. '20, fo r tempo rai·y ·t o~a1 disabi li ty und~r this _cha;p§ 4340. tcr, a defitied by <.;l aus.e (~) of§ iz4-120 shal}, Cited in- Zancanelli V. Central ·coal & Coke Co., 25 · if th.e reafter req uested by lu s e.ip ployer, sub,1mt Wyo. 511, 173, P. 981, ;i;nnotat~d under § :12~-113. hi111self fo~ m ed ical x a111 inatioi1.by a. physician Cited as to attorn ey s fees m In ne H1bler, 37 \Vyo. lie.en ed to prac.ti.c e m eqicin e in, th is stat~, aF,a 332, 261 P. 648. • place de,i ignated by th e e~tDlo:yer and which 124-129. Physicians required to testify. Any shall be rea onal ly conve!1lent for the workphysician havjng attended an employe in a pro- man , and said workman maY. have a licensed fessional capacity may be ·required to te_sti~y J?hysician pr~sent of hi s ow n · election: T)-ie before an y court or judge when so directed, 111 purpose of such exam 1nati.011 shc1:ll pe to. 'dete_rcases coming within the provisions of this mine whether the ,vorkman ha s recovered so ciiapter, and the law of privileged communica- that hi earning power at. auy kini:l of work is tion between physician and patient, as fixed by restored. If it be agreed t hat the \\iorkman has statute shall not apply iu such cases. [L. '15, recovered so that his .. earning power: · at any• c: 124, § 26; C. S. '20, § 4341. kind of :w ork; is restored, the· Jact shall be re124-130. Fa~se statement· by employe. Any ported -by the employer :and said physician to employe or " ·orkman who shall make or cause the judge of the district· cotirt ,who mad~· the , to be made on his behalf any misr~pre!:!e.ntation award in the first , insfance,. br, if there be a. dis-, or false statement for the purpose'-of -receiving pute as· to the recove'12y qf the · workman : and compensation under thi·s chapter to 'which he is his resto.ration 'to earning -p·ower,· it i shall 'be i10t lawfully entitled shall be guilty of a mis- likewise reported to said judge, by, .. fili~g a· demeanor, and shall on conviction; be fined riot statement in either :·case in . t.h!! ,offic~ of ·tpe more than three 'hundred dollars ($300.00), or clerk of the district court of :the 'co.unty ..,vhere_ imprisoned for not more th~n ni11e'ty· (90) the award was made, and the matter shall be clays. fI:'. '15, c. 124, § 27; S. '2~, ~ 4342. • , · d_isp9sed o_f _in :Sl!Cli ·inanner ,as saicl. jti?ge: may d_e~m propei: -unde-r· the facts•: "· .If said • Judge 124-131. Annual report by state treasure~. fmd that said workman has rec·oveted and has It shall be the duty of the stat~ treasurer to b~en restored to his:; e·a_rnirig:, power · an·d that secure-and compile statistical .informat1on c'otJ- compensation1 shou1cl be- tlisetintinued his ' decerning accidents occtirring'·111· the ·extra-hav cisi~n- and 3udgm~n~ )n' the ..pi-einises 'shall be ardous emp_loyments· defined by this· chapter,· certified· to the state auditor and state treasurer showing the· numbe-r of accidents or fatalities and .shalt•be authority -and direction to ·said ofoccurring in each of. said employments, the fieer~; to1 discon~i!1tH~ ' corripen,sation ·payment~amount paid in by each employer coming· with- !£ tHe workma:n, ,m such case, refuse to sub1111t in the provisons· of .this . chapter; the amount to such examination or obstructs -the •same, 'his 124-129. 0 • ~ 0 C • • ; �1 2013 WORKMEN'S -COMPENSATION rig ht to monthly _payments shall be,-stispen<le<l until such -~xamination . has taken place, and ·no ,compensat1on sha_l~ ibe·pay_a ble during or 'f or ·acc·ount of ..su~h_-p~nod of r_e fusa\. · ?[L. '15, c>l24, § 30; .C, 20; § 4345. ;, , : ; •, s. 124-137 :of. sha:11'.be .in accordanc·e ·with the ·justice cif the mattet:, due regard .being :h ad t o obligations -of 1corilpensation ·;incur:r:ed and •exisfing. IL. '21, ·c. ,7.6, § 1-; a_mending•C. S.''_20,i§-4347. • 1 1 , ,I I ,: 124-'136 . . -Aotio_ns _-against , •emplo_y:er .inde'124-i34: . . Emplciyes''. sta:t~rrients .of depehd- ·pendent •of ,chapter.. : Nothing·, in ::this chapter e~t p_ersons': '_All_~mpl_oyes .6_r ,:v6r1<111_e11 ·coniing .shall ,be cbnst11u.ed ,to limit or ,affoct ,any ,'right w1thif). the pr9v1s10ns of 'this chapter: shall be or action by an employe .ag'ain's t an ~em.ployer reqt1ired, i.if)ort ··e'nter ing 'service in any of the for injuries received. :wh.il~ -tn. .the . employ of extra-hazardous emp'loy'ments he.rein defined , such employer when suc}i 'employer at the time to make and sign' a wri~ten statement setting of such ,injuries :is n0t contributing to -tbe in:. forth the na1nes. of. t.11'.e per~ons dependent upon dustrial accident 'fund ·as provided in t,his chapthem for support or ·cons'titut-ing membel,'s of ter. _[L. '23; C. 60, § 1r , ·.: •• their dependent famil ies,' in each case g iving • 124-137. _ ~e-openir,._g ,of ..cases. The state the names a11d ages ·o'f their boys, und er the age of sixteen (16) yea1:s and g ids uncl er ·t he age of treasurer· shall ·ha'\ e the ,.right to •cause any case ·eighteen ( li8). years. [,L, '23, c. l!iO, § 12,.amend~ to be· i:e-opehed in ,vhlch an orclc,r of ·award has 'bee11 made, 0 pqn;id ed he '..s h<;1 ll cause a petition ing C. S. :'29,_~ 4346.· , • • • . ·.· for the re-opening of ithe case ,to be fil ed with 124-135. Assignment ' of rights and' benefits. the court w11i ch •grant~cl :t:J:le award within All PcI)'!llents -me:1§le:int0 -the industrial ·accident thirty days after the date on which the order fund by any ,and _ every emp loyer . under th e •of a:warcJ° was received ·iu· the -state treasurer'·s .proy-isions of t~s chapter s_hall l~e taken as paid and recei:ved in consid erati011 of the in- office. Such .pe_titi on • ~ -ust show probab le demnity -to .such .•employer br rea on of his cause that .error wa·s .rnad e, in the amount of the cpntribu~ing i:o th e i.nd ustr.ial -accid ent fond, award , o r t he chai:acter- .of the award, or the .and -in •considerat ion of . tbc .paymen~s ,made by g.1;ound s on whi,ch th,e award . was maf.l e, and tl1e state to sµclr ftuj d ; provided, .t h~t . ,when 1nay s.pecify as a re;;isqn .for i:e-opening .th e case any employer , ·.ef.\gagecl in ap rcxtra~l1azai:dous exis ting e~'.idence not-, g i:';en 'in, the orig inal liea roccupation as defi11ed in t hi s cha-pter,. ha s .here- ·ing; sho wing the .general Jrnture and effec t of tofore sold and c011v.eyedi ,or shall 1J erea£ter sell .such ev.idencc. On thc ,fi-li ~1g of .such ·a petition ·and convey his or i ts property .tq ;a pm:chaser ·and on. the court finding ,that ,probable cause i? who continues to -C0\1duct .,md . can;y on said •shm,m thereby, •the coftrt shall :,tay the awal'd, business at the same place, the seller shall be and upon -reasomible notice 'to n'll • parties re-entitled totra1;ster and assign to .t he p,urchaser :open the -ca·se am! ·set the .sai'n e for ·h ea:ring de all rights, benefits, privileges .an~ imm1.111ities novo. The· state treasurer may take such part ac.cruing to , such empl9yer by wrt1,1e of any in' the new hea:ririg as he may _deem advisable sum then on -deposit to his or its credit in .t he and shall J1ave· .every •right and privilege of i1 jndustrial accident fund iff the state treasury 1 under th:e provisions of this :c hapter ; ,.and u_pon ,party t? , the ·cause,. H ,e shat\ '.Jiav,e' t~e·. tight ·?f appeal to the .~up·r.eme court. from a11y order m filing such assio·nment with the st~te treasure~, such n.ew _h ear.fog, eitlil:;r gpinti.r:ig ~n .a"v~i:cl. o,r the ·purchaser :hall succeed . to all sai_d ~igfa&, benefits, priv-il.eges and immunities ;o_f said, em- ref.using to gr-ant an -a\vi:ircl. H ~ sh.all also l~_~v e ployer. Said purchase; sha:ll -)Je •sub3ect to C?b.- a: ,right of appeal f.rom·. au order refusi.ki.~ ,.to • ' ; . .. . ' ligations of com,Pc;:nsatJo~ agamst .the selle~ m- 're'..open a case. In addition, and without the necessity'of precurred and existino- at the date of such assignment; pTovided,-,that no Ra_rt: ·of any'- tn'dn:e ys · •sen ting any.- 'I)'etitioh .for 'th·e · 'Te-bViniiig ~of a so paid in ·by :any ·employer ·shall_ ever .be re- case to the trial court, 11:b e state tre·a surer shall -funded to him :either during -the ~me when he ·h~e the right ' to ap'pea:1 to the .suprein_e court continuesm bi'.isiness·as such employer.,' ot-aB:er ·from any' order ,' judgment hi any district he ceases such· ·business·; •prov:iaed, that ·every coutt . of the ·sta.'te awar;d.ing'·co.~ _pens11:tion . or employer, .operating under the:,,provi~i?irs -~ d~c1ini~g '.t ~ -a;w ard, compe,n satiop, a,,I~hciugh 'hr this chapter. shall·pay.into ·sai~ mdustnal cacc.i- ,~as,not a party to .th~ ,p1;9c~.~ding? i!l ,§UCq disdent·fund the .sum of aHea:st fove thc;msand dollars , ($5,000.00) 1; •-and provided, .forther;·ifi:~-is _'tr.ict' colll'.•t. •..U.po~ ,;the p~rfect~11g ,of. <?,TIY appeal chapter shall ·,be hereafter rep~aled_0:: hel~ ~n- -i1~sti,t1;1.ted ,·µy th:e. st~te tr~a~~~er ,th!! com~ alYalid, the moneys . which ar~ :u~: th.e mrlustnal lowiqg _. the _app.e;,i.l ,-s~all isst\e ~ <:ltd.er. ;staying fund at the tim'e shall he distt1buterl. as inay ~.the ·execution iof the ,or.d,e r•, or judgment :apbe provided by the tegislatur~, . a?-1 ·:i.n:;c;!.ef_a~·J.t ·pealed irbm without -re~u-i:ring any, ,bond_._· The of-such legis1ative provis-ion,'.distr1but1on there- ' at.toun·ey, genera·!, ·:t;>r: hts . deputy · or a~sistant. 0 0 ' 1 or 1 • , �.WCDRKME!Ni'S: 1GG MFEN5AT<I'ON 1240138 ;of! the , inJur.ed :,workman,, _shaU ._for.feit_,_ant r:·shall act ·as :the ·attorney_ of. the, sta'1:e ,t tieasur.er ,mtinei;ation or,-.aw;11:cl.;from 1:t he ,11Jdt1stlJal a~ct·in all cases . • All bosts -of ne,v:dlearings granted den-t .-:f~nd for,,any ,:sen;ices,: ,care•, or ·, atteµbon .upon the petition,of :the. state. t.1;eas1irer, 1.a11-d.: all •enclerecl ·to : such · injure.cl ~v·o rktpan:, on , an:yei facosts of appeals c,ot1dticte.d· bjr .the ,state· t_reas·:ilities furnished to him, ~i [L. ·(45;.'cA24, § 8. ;~ 11;.e1:, shall be pai_cl ~y ~he in~ustria!_, ,_a ~~1e.n~ 1 1 . fund , except ,such co!its as the court-m •'.ts: <l : _ -r'rll~:~40., .A.~~9s_. u Bx~r,x::~}r,~_rcl :Yi,t.h}.n,_lihe cretion shall · assess -'ao'ainst ;tah)' Jofoth~ -~fhfl 1nea1J~1g .9 fr~tw.,,c h,a ptfc!.~, ~s;a J.ttd1~ia.~~(!e.t~!:W1,1J.i~ -parties to the.cause . •(L'. '27,: c: 1'11 \r§·7; 1<;1mi:!l1a- ' t,¾Oll 9f ._tl1e ,r1gJ,,i~s .9.f ,t~e ~1:i;i.pl.P,Y/% ,ttw ,etpp)pye ing'L. 'Z5, c: 12{ _§ 5_._• , .1, · 11·~ '· , ·_ r•. 1_? '.' an,d ,the iqd1:1~tnal -~,cc1den.t; fuµq . a~} O., P;IJ nJa,t' vVh,ere 'the d~ty, df the"'attof ri cy gcntr~I iil'. i-eprcse,rlt ters.· involvrcl .-: N;~ J{L,~~</,licl , O~ C<?J?1Pl'ir~a.!10.n1 ,Of compensation claimant in supreme ' c·o urt',' as 1 part df a~lq)vance ,Rf , .1:ny f!x;p~nse Olj •• cla11:1t. cha.rg:ab]e his official' duties, conflicts with his .d1itics to act as at.torn.e y for state .treasurer. in al\, c,ises,,; t)~c c:Il/tY fi rs t aga inst . ~he. ~c.cpu,1t _qf ,f nYr .emP,loye!:,cot;1tpb1,1tmentioned must yield to right, of ,sta te , treasurer .t o ~{ng -. t9i tb,e , ii1,1,u~~i:jal a,c 99e}1t- ,fpnd s\1aJL ,,br such services. :M arsh v. Aijoe, 41' ' \Vyo. • J19', •282 P. w,acl:e wit,110{1~ lJOt!C~ /0 ', S_t~C 1, _en} pl_?Y:t;r . :,11151 1055. ,' , . .• , n , ' i.; I_' , he.a ring, .~q1! ess. ~p~h , eq1,ployg : s}:iall,. ,c o11se;11,t ·' 1 11 action under· workmcn 1s· ·cbrnpensat1on law; 111 ·, t l,1es ~~o.. [ L. '. 2?, c, :-!24,, § _9. ,. , . l 1 •••. , "' r, which compensation was awarded, applicati01r of stat<:: treasurer to· reopen case ion ' gr9tind, ,in10ng-: others, ,of • prior disability, sh<?uld r 11 qt ,,q~ . dctrr~1foeg on_ ~x pai'te affidavits; when bas,ed ., on n~w · ev id ence,, , s~nce legislature contemplated •'bha!1 treasur,e r' • sh □ t\ lrJ •be giveh advantage of ·reg11l_,i~ . t_r;al. .Nlarsh v-., f:.l,Joe, , 4}. .\Vyo. 220, 284 P. 260. ., . , , • . , . ., . . · ,,1, This section authonzm g' state treasure r to have case ·reopened must tje con strued· in li,,.ht of ·situa t ion wJ1ich was sought to ~C: 1em_e~i<;d ,h~re by. _lei. . : , . On state treasurers apphcat1on , based on ,new evidence to reopen case,! cohrt must reopen Ease, •if the new ·dvid encc will •have a material 1bcaririg. Id. : : ), An !mvacd,_ q [ ·,compen sation . to · an'. itijured_ emplo~e is a final judgmen t, unless ex p,rc;~ s.ly rf:!S~: v1 n?' ))l!!'I!\· dicti on to reopen case. Midwest Refin mg Co: · v. 9!!,Q~gr:'- .~l /vY;yo .. 55,/ Sl 1_oq?·,, :· ~~-~ ,, , •I-:·'- l: -·124•.1141. • Deferred payment-account. Wh e/1e~·er a'i1 ·order. d£' a,vard sha}J' sp ~c'ify th~t· the a,)·iuc!' is t6 1 b_e p·aid in n'i1onthly payr~en tsi •~he -:~ fa t e' treasure1:'s hall :charg·e tl,1e' aniount' th'ereor' a&ai11st the account of the ·emp lbyer _o f ithc il1j u;ecl ";orkrna n and. shall ti:a lisfer t h e ati_1~ii1it ' • 124-l38 . . Bills to be i~~rr°i'f~·ea-Time of fil- ·01 s'aicl award _from the genei"aT:ft1nd 'inta ·a' d~ing. . All bills ·for medical _at,te11d~1f·~ < e~pej1~e~ fei-i,:ed ' poyment a.ccoun t, wh icli a·c coti'n't shall or di sbursements, and' for •hosp1ta.l service~, l hercafter be alone ·liable fo r· tli'e p:iyment ·of shall be properly c1·ated, itei-riized aii<l: ,;erifiel:l ;th e ·awit'rcl .'_ Xriteres1: earned by ·· the_; cleferted bv the· claimant, or the sarne shall be ' disal- 'payii1e11t acco i1i1t sh all be paid ' itJ~o tHe g'e'hera:1 lowed by 'the court, ancl·e,,er)' 'd octor ,,·ho shall fu11d , as well as' all amdunts repaid or i"eturnecl attend ·ari injured "·orkman : ,shall ·within · ten t~ said gcfreral •.fund 'tmcl er t11e 'pr'ovisio11s ' of (10) days a-fter the first of the month succeed- this': chapter, 011 ' by reason o-~ 1n'ocl-ification o'f ing that in which he rendered services to -,the 'brd eb of aw ard. •;\i\Th en'eve'r id11odification:bf injured workman file with the ,s:lerk of,the clis,- a1~· 'M d'ei· of a,varcl '.i11creases·tl1e· amount of tlie trict court of . the proper .county, •his ,jtcmjzed 'ii:iva;¢1, tli'e ·1clclitional. a.1 mo\m t' sljall ·be charged and verified bill for . all service~ .;fenclerecl by against the''eni pl9yei,:'s account ·<!-ncl transfe( l'ed him and expense inoun;ecl in bel.plf o{ ,the in- from . t11e ' genei·al fqn,cl into· the:· clefdf1;ecl •pa:yjured "·orlon<\n durir1g th,e, pre,;io1.1s rnont~r, 1and ·men't :ad:ount, and whefiever· a :mo<lifitation of shall send a copy thereof to the state heas- ,an order-of award decreases tlie amo~tiit of'the urer; and all claims for 'medical ·aherid'~n ce :or award, 1 the amoun'f o'f sucH ~dectease shall ' he medical services not · so filed ,,,ithin the·· tih1e ·transferred froni: 'the deferred p·a yment accoiin't specified shall oe clisalldwed ·by ;Hie tourt. ' '[L. t~ 'th~, g'e nepil filrichind_'cr'editea t'o;_tne ac¢ot1n:t '25, c. 124, § 7. , ' , · J. ; " '. ' '! ·of the employer. - L : '27; ·c: l'l t § 8'. ':' •. •'·) ,,. . : '' ' ~ '' 'i • : •t~, • \ J J I ! ·• ! 124-139. Notifi~ation by, <l9ctor 1 ;,Every •-- . ,124-142:•r. Bribery. --M lhoevef corruptly giv.es, doctor who accepts .the ,ca~e of: an, •injure{l or promises"to ':give, payv or. imb!,ltse, or ·whoworlm:ian, and eyery.hospi\al .whi,c;h·accepts the eir~r offers to giv~; pay. 0r, imburse any ,court case of anjnj~1r~d w~rk!llan, .shaU_ ~it~iri . t~n officer, or, em ploye; or any pe1is011 ein pl0ied , or (10) ·days after accepting suc,h case 1file a,,yrit- concerned t'mtler the .la-ws , of this state •iir the ten ,notice thereof with the clerk of the '<ltst~ict 'aclministrati~n -of this ,chapter;:·either before or co.ur~: •an_d sha~i s~.? d a'. ~opy .of ~·ti'c~ n~·!i~~ after lhis ,election·,, appointmerit dr- employment, w1thm said. ten UO) days ' to the .·state ·treasurer any !money, :or· valuable thing; ,or· ·c'o fruptlv ofand anothe_t copy withfo•said period to' the'·em·- f~rs or.-promises,to do ·a.n y act :ben'eficial t;·any t>loyer of the injure·d workinan.i • Arty ddctor o·r -person rto, inffuence his action o'r :trn :secure-his hospital failing or· rW1sing l to•Jile the: notice :assistanrieiri.- the administration of this '. chap'ter, within the time designated·with the 'clerk of the ~rr~ ': ho~wer-1· being · a' court officer or employe court; or-. to send copies , the'reof withi'n,'. saip ·or ,.a . person. employed- under · the l,1,\vs of ,this period to the sta~e treasurer and ·th_e employe.r state· {n i ;the r administratio_n , of..,;this '. chapter, 1 • 0 • ' - ' · 1' ' , , ' ") l J' ' : 1 • 1 • ·· ·ro "J �2015 WORKl\1IEN'S COMPENSATION either before or after his election, q_u~lification, appointment or employment, solicits or re~eives any such money or· va_luable_ thing to !nfluence him or to secure his assistance with respect to his official duty in any matter relat- 124-142 ing to the administration 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. � 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 Wyoming Workman's Compensation Laws Rights Information about rights held in and over the resource CC BY-NC-ND Subject The topic of the resource Laws, Workman's Compensation Description An account of the resource Booklet with Wyoming's Laws on workman's compensation. Held together by staples stored in an orange folder. Type The nature or genre of the resource Text Identifier An unambiguous reference to the resource within a given context 1-0245 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/e03372ac45e08d6262fda13871d9a22b.pdf 435779dc46acd367613f6ae83679194f PDF Text Text ~~~~~~ ~@~l I ~~N~~~~~ ~~E~ State to Bring Action Against Workmen's Compensasation Delinquent Suit against the .)3lazon Coal ; .90,., a p:tah corporation, opei ating • mines at Kemmerer and Rock , Springs, charging to failure to . comply with the state's compensation law, was ordered today by , State Treasurer J. Kirk Baldwin. Attorney General Ray E . Lee this afternoon was drawing up 1 th~; papers in the case, Baldwin sa1a. The state will charge that the Blazon company h as t aken out of the state treasury $25 ,000 more than it has paid in to sa:tisfy compensation claims. The firm now is delinquent more than $4,000, Baldwin said, and efforts by the , state to collect have been unavailing. • Last week there was a fatality , in the mines of the company in western Wyoming. Settlement of .this suit alone may involve cost I: to the state's compensation fund s of about $4,000, Baldwin said. Action against the Blazon com- I: pa,ny is in line with the policy of r .the state's compensation depart- t ment to compel 11,ll firms in Wyo- t 1 ming to "get square" with this l bureau and to keep up with their t payments in the _fut~e. __ ~ ~ �Blazon Company May Be Heavily Penalized if State Wins Suit Steps for filing suit against a large coal company charged with evasion of compensation fund payments to the state were taken today when the attorney general's office was asked to take action against the Blazon Coal Company 1of Kemmerer, I The move came following warnings sent out to delinquent industries and other concerns coming under compensation department regulations of the state treasurer's office. Charge that the Blazon Company, a Utah concern, owes the state $4,000 in payments to the compensation fund, t-hat it has not contributed anything since early . last year and disregarded an agreement made in 1933 to make monthly payments that; would have satisfied the state's demands, are being filed by the treasurer's office. . If the state wins the action it is expected that it will cost the company at least $9,000. In addition to having to pay the $4,000 it is now said to be in arrears, the firm would be assessed a penalty, which will double the amount. In addition disregard of the state law calls for a fine of $500. Added to these sums would be costs of the suit and the company's own at• torney fees. State TreClSUrer J. Kirk Bald• :win authorized direct action against the company following a conference here two days ago with Clair M. Senior of Salt Lake City, attorney for the Blazon Co. He said the company gave no assurance that it would pay up. During the time it has fallen behind in its monthly payments to the state compensation fund, the Blazon co. has d1·awn out $20,000 more than it has paid in to meet accident demands, records in the treasurer's office show. Papers in the suit were being drawn up today bY tho attorney general's office. The Blazon co. has a monthly payroll of $11,000, the state treas• urer's office said their figures showed today. Duplicates of the pay roll are sent in regularly to qualify employes of the concern for compensation in the event of disability. _ L _ �I j 0( l/ ~ ~ ~ j ~ ~ ~ ~ij~ ~ij~~EN~~ l~~N: Aggressive action against busi1ness firms and industries of the state that have not been meeting, their ·compensation payments has : resulted i'n more than 100 com, panies "coming into the fold" this ' month. Receipts by the compensation· ' department last month increased1 ' $13,000 above the immediately preceding 30-day- perrod. Recent di• rect action against a large com- ' pany that was $4,000 in arrears and a vigorous drive throughout the state has brought still bigger increases · this month. Business firms of the state are requh'ed to pay a percentage of their payrolls into the state's compensation bureau in order to provide a fund from which workmen , are given compensation in the I event of accident. � 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 Wyo State Clippings - May to April, 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Various news paper clippings regarding the suit against the Workmen's Compensation Act. Description An account of the resource A 5.5" x 2", 9" x 2.25", and 4.5" x 2" news paper clippings glued to three separate 11" x 8.5" lines paper stapled together. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0169 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/a6931e59d7a690655961f3ec1ae853ea.pdf 1a5d89b09af726648793ff66c057243a PDF Text Text ������������������������������������������������������������ https://haylibrary.cvlcollections.org/files/original/72615420b9ed5d48cf7332b4bf329023.pdf c210bf39e727f514dd8bbd5304c3d4a7 PDF Text Text ������������������������������������������������������������ https://haylibrary.cvlcollections.org/files/original/a1ae0c26d33e9e6e3e6c4a1a6a9f3645.pdf 0affba1be40f33b0ac100556bf8e21fd PDF Text Text ������������������������������������������������������������ https://haylibrary.cvlcollections.org/files/original/0cfb26c0a0fde1197a6ec21f480b8032.pdf 1c737e9e327afe509b0c66fb6abe527d PDF Text Text �������������� https://haylibrary.cvlcollections.org/files/original/a71525ea871dd10176143c345ee1b033.pdf 88a5b536780ef5ccd38c7b784834f4a1 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 1-0097 Creator An entity primarily responsible for making the resource The Union Pacific Coal Co. Title A name given to the resource WUC Form 225 227 - JUL 1913 TO Dec 1921 - Form 228 Jul 1912 to April 1913 Subject The topic of the resource A collection of forms and records regarding operational cost of UPCC mines. Description An account of the resource 14" x 8.5" book of bound papers in fair condition, some staining and damage to pages but still legible. 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. 1912-1921 https://haylibrary.cvlcollections.org/files/original/3d1891451b3a37b8edef57bd122343e7.pdf 6356844f727df0afbbccbce1d379f205 PDF Text Text ��������������������������������������������������������������������������������������������������������������������������������������������� https://haylibrary.cvlcollections.org/files/original/397bdcf3941f8b2989cb3bc2f8aacafc.pdf b838a252dcd714e140fc4abc9ae3ee9c 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 WUC Co. Form 49 Tonn of Coal Mined at & Disp From Tono Nov. 1913 to Dec. 1921 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1921 Subject The topic of the resource Collection of records regarding the amount of coal mined and distributed at or from Tono Washington Mines. Description An account of the resource Sections are sorted by year and bound together in a large blue binder 13" x 8". 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 1-0007 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/1423e8fc7e6fb8063769101a8aeaf5cb.pdf 0c443a8bfce88fb5ab2d9f1ef4d08e34 PDF Text Text ������������������������������������������������������������������� https://haylibrary.cvlcollections.org/files/original/3b891ae65ea0b3eeb7c4b2ee55b2470f.pdf 6221b58f7a9a478ca0f6a915c24475bb 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 WUC Co. Form 49 Tonn of Coal Mined at & Disp From Tono Jan. 1922 to Dec. 1929 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1922-1929 Subject The topic of the resource Collection of records regarding the amount of coal mined and distributed at or from Tono Washington Mines. Description An account of the resource Sections are sorted by year and bound together in a large blue binder 13" x 8". 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 1-0009 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/9147d66edfce13c49961e64665a9a139.pdf 4ba8537ba25902469a6c07730a35bc20 PDF Text Text Grelli, Angelo Murinko • :Uike - • ·I.;ow:s··' Gorenc, May~ew, Frank Smith, James hlcTee, Joseph .Sr. ~vich, Mike Decora, Joe. Kontakis, James .Ackerl-um!,. Ruth Remit z, John ::ir. • Louis Zambom.,. Williams, Wai·no - 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 Workmen's Compensation Individual Cases Rights Information about rights held in and over the resource CC BY-NC-ND Subject The topic of the resource A list of individually named cases for the Workmen's Compensation Act. Description An account of the resource A 10" x 7.75" pages with both printed text and handwriting all of which have some damage such as creasing and tearing. 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 The Union Pacific Coal Co. Identifier An unambiguous reference to the resource within a given context 1-0174 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/f4e6ef4d9c491bf004b438dd97964ee0.pdf 0dceb5b940adba056e9f164f0a3d1d05 PDF Text Text I ' WORKMEN'S COMPENSATION ACT OF THE STATE OF WYOMING CHAPTER 258 WYOMING COMPILED STATUTES 1920 AND ACTS RELATING THERETO Furnished by W. H. EDELMAN, State Treasurer CHEYENNE,WYOMING �BRIBERY IN CONNECTION WITH WORKMEN'S COMPEN SATION A CT CHAPTER 97 - S. L. 1925AN ACT making bribery of or by any person employed or concerned in the administ ration of t he Wor kmen's Compensation Act a crime, and providin g- a p unishment t herefor. Be it Enacted by the Legislature of the State of W yoming: SECTION 1. Whoever corruptly gives, or promises to give, pay, or imburse, or whoever offers to give, pay, or imburse any Court officer or employee, or any person employed or concerned under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, appointment or employment, any money or valuable thing, or conuptly offers or promises to do any act beneficial t o any such person to influence his action or to secure his assistance in the administration of the Workmen's Compensation Act, and whoever being a Court officer or employee or a person employed under the laws of this State in the administration of the Workmen's Compensation Act, either before or after his election, qualification, appointment or employment, solicits or receives any such money or valuable thing to influence him or to secure his assistance with respect to his official duty in any matter relating to the administration of the Workmen's Compensation Act, shall be deemed guilty of felony and upon conviction thereof, be imprisoned in th& penitentiary not more than fourteen (14) years. SECTION 2. • This Act shall not be taken to repeal or affect any existing statute relating to bribery. SECTION 3. This Act shall take effect and be in force from and after its passage. (Approved April 25, 1925.) �4 COMPENSATION LAW The Workmen's Compensation Law STATE OF WYOMING 5 mon law or ot herwise on account of such mJury; and the terms, conditions and provisions of t his Act for the payment of compensation and t he amo unt t hereof for injuries sustained or death r esulting from such injuries shall be exclusive, compulsory and obligatory upon both employers and employees coming wit hin t he provisions hereof. (L. 1915, Ch. 124, §2.) Extra-Hazardou s Occupations. AN A_C~ p_roviding compensation for injuries or death resulting from lnJUries, of workmen from accident occurring in extra-haza rdous ~~ployments, defining extra-hazardous employments and BroVJdmg for _the accumulation, maintenance and administraon of fu!1ds m the State Treasury for the payment of such compe1;satron aJJd repealing Sections, 3526, 4291 and 4292 of Wyommg Co~plled Statutes, 1910, and all other laws or parts of ~aws rel~tm~ to dan_iages_ for injuries or death from injur ies or 1~ anywise m conflict with this Act, in so far as the a r~ applicable to extra-hazardous employments. Y Be it Enacted by the Legislature of the State of Wyoming : §4315 •. This Act shall be known as the "Workmen's Compensat10n Law." 4316. General Provisions. Comp~nsatio? herein provided for shall be payable to persons mJured m extra-hazardous em l t h . defined, or the dependent f ·1. Of P oymen ' _as erem result of such • • · am_i ies such, as die, as the to the culpabl~n~~;l!ie~~ie~j ca_se. of ~njuries due sole~y compensation shall be payabl ~ mJurfe employee. Said Treasury to be accumulat e ro'? ~nds. m the State herein provided The ri ed a nd mamtamed m the manner tion from such ·fund sha1fb of_ e~~h employee to compensaplace of any .and all ri h e m !eu of ~d shaU take the contributing, as requir!a th 0{ actifn agamst anr employer any such person or ersony aw, o such fund m favor of or death. Sections 526 4s by reason of any such injury 2 or parts of laws relating t ~1 a nd 4292 a?~ al! other laws from injuries or in an wi O .amages. for i:1Junes or death hereby repealed as to fhe se m confhct with this Act are ployees coming ~vithin the :~?o~~1i\!' 1::loyers and em- i1i :f Provisions Exel • C us1ve, ompulsory and Obligatory. §4317. The rights and d' for an employee on account ieme .ie~ provided in this Act of all other rights and remedisa~fmJury shall be ex~lusive sonal or legal representatives d such employee, his peror ependent family at com- §4318. The e:i-..-tra-hazardous occupations to which this chapter is applicable are as follows : Factories, garages, mills, printing plants and workshops where machinery is used ; fo undries, blast fu rnaces, mines, oil wells, oil refineries, gas works, natural gas plants, water works, reduction works, breweries, elevators, dredges, excavations, transfer companies, gener al teaming, general trucking, smelters, powder works, laundries operated by power, quarries, engineering works, logging, lumber yards, lumbering and saw mill oper ations, street and interurban railroads not engaged in int erstate commerce, buildings being constructed, repaired, moved or demolished ; painting and painting operations, telephone, telegraph, electric light or power plants or lines, steam heating or power plants, railroads not engaged in :interstate commerce, bridge building, the occupations of city or town firemen and city or town policemen and all employments wherein a process requiring the use of any da~gerous explosives or inflammable materials is carried on, which is conducted 'for the purpose of business, trade or gain, each of which employments is hereby determined to be extra-hazardous and in which, from the nature, conditions or means of prosecution of the work therein requires risks to the life and limb of the workmen engaged therein are inherent, necessary or substantially unavoidable. This chapter shall not apply in any case where the injury occuned before this chapter takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this chapter, shall be saved the 1·emedies now existing therefor. (L. 1915, Ch. 124, §4; L. 1917, Ch. 69, §1; S. L. 1919, Ch. ~17, §1; S. L. 1923, Ch. 60, §1.) 4319. Exceptions. This Act shall not be construed to apply to business or employments, which, according to law are so engaged in interstate commerce, as to be not subject to the legislative power of the State nor to persons injured while they are so engaged, nor to any employee engaged in domestic service, ranch, farm, agricultural, or horticultural -labor, or stock �7 COMPENSATION LAW STATE OF WYOMING raising, or any person holding an appointment as shen"'ff or deputy sheriff or constable or deputy constable. (L. 1915, Ch. 124, §5; S. L. 1923, Ch. 10, §2.) mine, and any adjoining adjacent work place where the mater ial from a mine is prepared for use or shipment. 6 Definitions. §4320. In this Act unless the context otherwise requires: . (a) . "Factories" mean any premises wherein power 1s used. m m~~uf~cturing, .:n:i,aking, altering, adapting, ornamentmg, fm1shmg, repamng or renovating, any article for the purpose of trade or gain or the business carried ?n therein, including expressly any brick yard, meat-pack~ng house, foundry, smelter, ore reduction works, lime-burnmg plant, stucco plant,.steam heating plant, electric lighting or. power plant, mcludmg all work in or directly connected with the construction, installation, operation alteration removal or repair of wires, cables, switch-bo'ards or ap~ paratus used for the transmission of electric cmTent and water power plant, including towers and standpipes power plant, blast furnaces, paper mill, printing plant, flo~r mill glass f~ctory, ce~ent plant, artificial gas plant, machin~ or repair s~op, 011 plant, oil refinery plant and chemical manufacturmg plant. (b) "Work shop" means any yard, plant, premises, roc:t or place where power driven machinery is employed an m~nua! l~bor is exercised by wav of trade or gain or othe~se m~1d~ntal to the process • of making alterin ~epamtg, prmtmg. or ornamenting, finishing 01: adapti;g oh' ~ e or _otherwise any article or part of article over !o;kin~r[~~~1~ hiomthor _plhatcefthe employer of the person s e rig o access or control. (c) "Mill" m where machinery i eans dany Plant, premises, room or place in alt • s ~~e , any process of machinery1 chango/~the~~fle %::e:~~:i~thnrharticld or commod~ty for s::1-le are a part of the 1 t . . e yar s and premises, which bunkers saw mill Ps!~h tcl:dmg elevators, warehouses and industry. ' ac ory or 0.ther work in the lumber (d) "Mine" means an • • purpose of extractin ir Y. opemng m the earth for the 0 1 all underground wor1cin~~• , coald ?fr other minerals and wells and tunnels and oth s opes, ri ts, shafts, galleries, nected therewith' includin;r thay's, _cuts and openings conopened, sunk or 'driven a . ose m the course of being structures or machinery aid Ornclbudets ahll the ~ppurtenant r a ou t e openings of the 1 (e) "Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is dug or otherwise extracted from the earth for the purpose of trade or bargain or of the employer's trade or business. (f) "Building work" means any work in the erection, construction, extension, decoration, alteration, repair or demolition of any building or structural appurtenances. (g) "Engineering work" means any work in the construction, alteration, extension, repair, or demolition of a railway (as hereinbefore defined), bridge, jetty, dike, dam, reservoir, underground conduit, sewer, oil or gas well, oil t ank, gas tank, water t ank or tower, any caisson work or work in artificially compressed air, any work in dredging, work on log or lumber rafts or booms; pile driving, moving buildings, moving safes, or in laying, repairing or removing underground pipes and connections, the erection, installing, repairing, or removing of boilers, furnaces, engines and po,ver machinery (including belting and other· connections) and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high explosives is in use (excluding mining and quarrying). (h) "Employer" includes any municipality, county, person, or body of persons, corporate or incorporate, and the legal representatives of a deceased employer or the receiver or a trustee of a person, corporation, association or partnership. (L. 1915, Ch. 124, §6; L. 1919, Ch. 117, §2; S. L. 1923, Ch. 60, §4.) • Workman-Definition. §4321. (i) "Workman" means any person, who has entered into the employment of or works under contract of service or apprenticeship with an employer, except a person whose employment is purely casual and not for the purpose of the employer's trade or business or those engaged in clerical work, and not subject to the hazards of the business, or one holding an official position. The term "workman" shall include "employee" and the term "employee"' shall include "workman," and each shall include the singular and plural of both sexes. Any reference to a workman, who has been injured shall, where the workman .is dead, include a reference to his "dependent family" as hereinafter defined, or to his legal representative �9 COMPENSATION LAW STATE OF WYOMING or where the workman is a minor or incompetent, to his guardian or next friend. (Amended by §2, Ch. 117, S. L . 1919.) (j) "Dependent families" as used in this chapt er means such members of the workman's family, as were wholly or in part actually dependent upon the workman for support at the time of the injury; if it be shown that t he surviving spouse wilfully deserted deceased without fault upon the part of the deceased, such surviving spouse \vill not be regarded as dependent in any degree. No surviving spouse shall be entitled to the benefits of this chapter unless he or she shall have been married to the deceased at the time of the injury. (Amended by §3, Ch. 138, S. L . 1921.) ployee, or because of his employment; nor a disease, except, as it shall directly r esult from an injury incurred in the employment. (n) "Invalid" means one who is physically or mentally incapacitated from earning wages. (L. 1915, Ch. 124, §7.) 8 (k) "Child or children" means boys under sixteen ye~rs of a~e and ~irls under eighteen years of age (and over ~aid age, if physically or mentally incapacitated from earni_ng) and shall also include legitimate children of the inJured workl!lan born af~er his death from injury. In other cases quest10ns_ of ~amily dependency in whole or in part shall be determmed m accordance with the fact as the case -may be at the time of the injury; the foregoing definition of "dependent familie~" shall. n_ot include any of the persons named,. who are aliens residmg beyond the jurisdiction of the Um'ted S_tates of America, except a surviving widow, or boys under sixteen (16) years of age or girls under eighteen ~18) years _of age, or parent or parents, and as to such non1 e~ident aliens the rate of compensation shall not exceed thirty-three ~nd one-~hird per cent (33 1-3%) of the rates of compensation herem provided. (L. 1915 Ch. 124 §6 • L. 1917, Ch. 69, §2; S. L. 1923, Ch. 60, §3.) ' ' ' 0) The words "injuries sustained in extra-hazardous entoyment,". a_s used in this Act shall include death resf w:g. from mJury, and injuries to employees as a result 0 . _eir emplo:yment and while at work in o~ about the P1 7m!ses occup_ied, used or controlled by the employer, and iiJe~;-1!~orur~i~g el~ewhere w~ile at 'York in places where • t th P oyers busmess reqmres their presence and sub~~s~ bu\ms~~1t~~t~a a~do~s _du~ies incident to the busi. . h' . me u e mJuries of the employees oc~~;:!n? 0 ~_leaft~/is \':ay to assum_e the duties of his emof which injury isl~~v{1t such duti~~ the ~roximate cause e emp1oye1 s negligence. 1 1 inclu~1;1~njJi~e c:~~~J ~~{hry a.1 ersonal inj~ry" shall n~t rected against an employe ef wi . u act of a third person die or 1 easons personal to such em- Guardian ll'lay Act. §4322. In case an injured workman is mentally incompetent or a minor, or where death r esults from the inj ury, 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 Act,. his guardian may, in his behalf claim and exerc1Se such right or privilege and no limitation of time, in this Act provided for, shall run, so long as such incompetent or minor h as no guar dian. (L. 1915, Ch. 124, §7.) If Other Than Employer is Liable. §4323. Where an employee coming under the provisions of this Act received an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, a_nd no legal liability attaching to the employer, then and m such case such employee shall be left to his remedy at law against such other person, and compensation shall not be payable under this Act. (L. 1925, Ch. 124, §8.) This Act Governs. §4324. No contract, rule, regulation or. device wha_tsoever shall operate to relieve the employer, m whole or !11 part from any liability created by this Act except as herem provided. (L. 1915, Ch. 124, §9.) Blanl< Forms Provided by the State Treasurer. §4325. It shall be the duty of t~e State Treasu~·er to prepare, cause to be printed and supplied free for use m the administration of this law such blank forms as may be needed in the administration of the act, and the forms provided by the State Treasurer shall be used as near as may be in all procedure under the act; and it shall be the duty of the State Treasurer to provide himself with such other books, records, or forms as may be deemed necessa~·Y: to expedite the transaction of business under the provis10ns of this chapter. The State Treasurer shall also prepare and �COMPENSATION LAW STATE OF WYOMING cause to be printed for the information of employees and workmen such helpful instructions as will assist inj ured worlanen in correctly making claims for compensation. (L. 1915, Ch. 124, §10; L. 1923, Ch. 60, §5.) The inj ured employee's report of accident may be made upon a printed form prepar ed by the State Treasurer for that purpose. No order or award for compensation shall be made unless in addition to the repor ts of accident an application or claim for award is fi led by the injured workman, or someone on his behalf, or in case of the death of the injur ed workman, by his dependents or some one in their behalf, with t he clerk of the district court in the county wherein such accident occurred, within three mont hs after t he day on which t he inj ury occurred, provided however, if t he employee's report of accident is filed within t he prescribed period for filing an employee's report of accident, t he period of limitation for the filing of such claim shall be nine months. Neither the reports of accidents nor anything therein con_tained shall constitute a claim for compensation. The employee's claim for compensat ion may be amended at any time before an original order of award has been made in order that the workman may correctly set out the nature of his injury. .(L. 1915, Ch. 124, §11; S. L. 1923, Ch. 60, §6; S. L. 1925, Ch. 124, §1; S. L. 1927, Ch. 111, §1.) 10 Employer's Report of Accident. §4326. Whenever an accident occurs causing inj ury to any worlanan engaged in any of the extra-hazardous employments defined by this Act, it shall be the duty of the employer and the injured employee or someone on his behalf, or in behalf of the injured employee's dependents, if he be killed or dies from the injury, within 20 days thereafter to make a report of such · accident and the apparent injury resulting therefrom and to file said report in t he office of the Clerk of the District Court of the county wherein such accident occurred .which report shall state : (1) The name of the injured workman and the time, cause and nature of the accident and injury; also whether the injury · has disabled the workman from continuing the performance of his duties. (2) Whether the accident occurred while the workman was engaged in the duties of his employment and grew out of the employment. ' • (3) The nature of the employment and the duties and. how long the worlanan had been engaged in the service of such employer. (4) Whether t_he accident was or ;as not due solely to the culpable negligence of the injured employee and ,i f so, a statement of the facts. . (5) Whether the injured workman is married or smgle; whether he has a dependent family and if so the ntha~es °f th e per~ons comprising such dependent family and eir p1ace of residence. . (6) ~hether the_ injured workman intends to clairrt compensation under this Act. . . Said employer's report Of ·d a printed f acci ent may be made upon ~f:i:edthe State Treasurer for such Purposes• ' anordmshparllepbared e ven Ith as plead"mgs m • c1v1 • ·1 act·10ns. Wilful failure or neglect business or occupation ison e part of any employer whose in, as being extra-hazar ane enumerated and defined hereinj urv to any of his e~ots, to report accidents causing and upon conviction sucli oyees, shall be a misdemeanor a fine of not exceeding Fiv:rrwloyder dshall be punished by un re Dollars ($500.00). I· 11 Investigation by the Dis trict Judge-Procedure in Disputed Cases. §4327. _Whenever an injury or death resulting from injury is reported to the Clerk of the District Court of the county wherein such injury occurred, in accordance with the preceding section, it shall be the duty of said Clerk to at once notify the Judge of said Court, that such injury report has been filed in his office. It shall thereupon be the duty of said Judge to investigate the nature of said injury and claim for compensation at the earl1est possible date, in such a manner as he may deem necessary to ascertain whether the claim for compensation or the amount thereof is disputed by the employer, and if there be no dispute as to the right of the injured workman to receive compensation, or as to the amount thereof, and the claim appear to be free from collusion, said Judge shall thereupon make an order directing payment for such compensation from the State Industrial Accident Fund in accordance with the facts by -h im ascertained and the terms of this law. If there be a dispute as to the right of said injured employee or his dependent family to receive compensation, or ~s to the amount thereof, then it shall be the duty of said Judge to set the case down for a hearing at the earliest possible date and to direct notice of such hearing to be issued by the Clerk of said Court for service upon the employer and the employee at least seven (7) days before the date fixed �12 COiWPENSATION LAW STATE OF WYOMING for said hearing which said· notice shall be served by the Sheriff of said county without expense to either party except that his actual traveling expenses shall be allowed and taxed, as costs. The hearing shall be conducted upon the statement and report filed by the employer and such formal claims as may be presented and filed with -the Cler k of the District Court by or on behalf of the injured workman. If. tl:ie employer in his report of the injury, alleges that_ t~e lllJUl"Y was due solely to the culpable negligence of the mJured employee, or that the claim for corn.pensat ion is <?De not coming within the provisions of this law, then a Jlll"Y ~ay be demanded by either party and the cause shall be tried, as a coUl"t proceeding. If a jury is demanded it ~ay be select~d ~r~m names drawn from the five mile li~it Jlll"Y box, as m civil cases, at any time in term or vacation unless a regular jur7 panel be in attendance at Court on t he date any such hearn:~g- may occur. The taking of evidence shall be summai-y, g1V1ng full opportunity to all parties to d~vel_op the facts fully. The official Court Reporter of the district shall att~nd the ~earing and make a stenographic report of the evidence without cost to either party The Court or Judge shall direct the County and Pros~cuting Attorney or other compete_nt ~ttorney appointed by the t_o _conduct the exammation of witnesses on behalf o the mJured workman, and it shall be the duty of said attorney t? appear and perform such services without expense ~\ either party. T_he employer may appear in person .01 Y counsel and mtroduce evidence at the same ~ean~f" No costs shall be taxed by the Clerk except fees all~ wid n~~ses, who may be subpoenaed and who shall be <;urt it~\~ ~~~s~~11:~:~~s~t~~tj~; :!s~i~r~1:i ~~ and judgment be in favor ef acci ent fund, if the verdict the employer then he shallo th 1hemployer, but if against sion of the hearin th C pay e costs. At the conclusuant to the verdicf of he ~urt s)'tall _enter an order purno jury be called the Com4ury, ~ Jury be called and if cision upon the f~cts and 1 or ? ge shall render a deprovisions of this Act and aw kf t ile case pursuant to the allovring compensatio~ as ilia an order allowing or diswarrant. In any pro~eedin \ aw and the evidence may aforesaid, t he Court or Ju/ efore a Court or Judge as po~nt a duly qualified impa~~i jhai h~ve authority to apmJured employee and give t at· P ysican to examine the service shall be Five ($ 5 ip;0 ·The fee for such ordered by the Court with· mil O ars, unless otherwise to other witnesses which shall bagf allowed, as is allowed as other witness f~es are paid Th axed, as costs, -and paid • e employer or employee f j t oi) 1ty- 13 may at his own expense also appoint a qualified physician, who may attend and be present at any such examination of an injured employee and give testimony at such hearing or investigation. (L. 1915, Ch . 124, §12. ) Appeal to Supre me Court. §4328. Any order given and made in any investigation or hearing by a Court or J udge pprsuant to t he provisions of this chapter shall be reviewable by t he State Supreme Court on proceedings in error in t he manner prescribed by the code of civil procedure ; pr ovided, however, that the petition in error, bill of exceptions and r ecord on appeal must be filed in t he Supreme Court within thirty (30) days from the date of decision or order on motion for new trial by a Court or a Judge, unless the time be extended by order of court or Judge, and t hirty (30) days shall be allowed all parties t hereafter for fili ng briefs and said appeal shall be advanced on t he calendar and disposed of as promptly as possible. In case an appeal to the Supreme Court is prosecuted on behalf of t he injured workman, the County and Prosecuting Attorney, or other attorney representing said workman, shall order a transcript of the record of the hearing and proceeding to be prepared by the official Court Reporter of the District wherein said injury 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 District Court to be by said Clerk prepared, transcripted, certified and forwarded to the Clerk of the Supreme Court without cost to the injured workman, and the · proceedings in the Supreme Court shall be conducted on behalf of the injured workman by the Attorney General of the State as a part of his official duties, and by othel' attorney representing said workman. In case an appeal be prosecuted on behalf of the employer, the record of the proceedings at the original hearing shall be supplied without cost to such employer, but such employer may employ counsel to conduct such appeal on his behalf. . The Court granting an appeal to an employer from an order of award shall stay, until the appeal is finally determined, the payment of said award or that portion thereof appealed from upon such terms as may to the Court seem just and proper. (L. 1915, Ch. 124, §13; S. L. 1925, Ch. 124, §2.) Court Order Recorded-Copies to Auditor and Treasurer. §4329. Every order given and made by a District Court or Judge awarding payment from the Industrial Ac- �COMPENSATION LAW STATE OF WYOMING cident Fund to an injured employee or his dependent family, shall be entered of record by the Clerk of the Court where given and true copies thereof shall be immediately made and certified by said Clerk and 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 known as the Compensation Docket and shall be authority and direction 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. mileage of witnesses, juror s and physicians adjudged to be· paid from the· accident fund in any court proceeding under this Act, and all contingent expenses incurred in preparing for and in t he administration of this Act shall be paid from the Industrial Accident Fund on proper vouchers and warrants. (L. 1915, Ch. 124, §15 ; L. 1919, Ch. 117, §15.) 14 Industrial Accident Fund-Appropriation. §4330. There is hereby created a fund to be know n a s the "Industrial Accident, Fund," which shall be held by t he State Treasurer and by him deposited in such banks as ar e 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 ~ay be, shall be used for payment of all awards, claims a nd items of expense chargeable against the In -Justrial Accident Fund, and the "Reserve Fund" shall not be used for any of ~aid p_a:rments unless the "General Fund" at the time is msuff1C1ent to meet the demands upon it, in \ vhich case the Treasurer shall transfer from the "Reserve Fund" to the ."General Fund" a sufficient amount to meet •the immediate. dema!1d~, upon said "General Fund." The purpose of creatmg _said ~e~erve Fund" is to provide a fund within the Industrial Accident Fund sufficiently large to pay !!Teat an~ unu~ual demands upon the Indushial Accident Fund which _might be caus_ed by a large disaster or · by several such disasters occurrmg within a short time and the "Reserve Fund" shall be kept apart from the "General Fund" and as ne:3-r _as m~y be unused in accordance with said purpose. Withm thirty days from February 20 1919 the State Treasurer shall set aside in the "Reserve Fund'' Three Hshuanlldredt T~dous_andthpona_rs ($300,000.00), and thereafter se asi e m i~ said "Reserve Fund" at the end of each month twenty-five per cent (25w:) f II 10 0 ceived m • th e I ndus t rial • Accident • Fund dminga •moneys d • thre• excess of the amount expended th b I sa1 mon m received to be used in the "Ger{era{Fuand1;;e monfeysrtho of the "Reserve Fund" shall b • ree- ou s vested in United States Gover~!!n1eif as may be kept inSchool District or Municipal Bonds Allonds, State, 9ounty, the State Treasurer under the • . . moneys received by become a part of the Industrial pAro:71ds10tnsFof this Act shall cci en und. All fees or T1 15 "Employer's Assess ment" §4331. Every employer engaged in any of the occupations herein defined, as extra-hazardous, is hereby required to pay into t he State Treasury for the benefit of t he Industrial Accident Fund a sum of money equal to one and one-half per cent (1 ½ %) of the money earned by each of his employees 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 t he mont h following the month for which such payments are computed and paid. Each employer shall continue to make monthly contributions as above provided unless his account af ter making the hereinafter specified deductions therefrom shall equal full two per cent (2 %) of his annual payroll computed by multiplying his cmTent months payroll of workmen engaged in extra-hazardous employment by twelve and shall likewise be not less than Three Thousand Dollars ($3,000.00); provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of money (including the payments as above specified) equal to four per cent (4 %) of the moneys earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment until such overdraft shall be paid. Such employer shall not be compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal two per cent (2 %) of his annual payroll, and shall likewise be not less than Three Thousand Dollars ($3,000.00). 'In addition to the other payments required by this section to be paid into the Industrial Accident Fund, every employer engaged in any of the occupat~ons herein defined as extra-hazardous shall make a payment to be known as a "service and policing charge." -Such service and policing charge shall be paid by the employer into the State Treasury for the benefit of the Industrial Accident Fund and shall not be credited to the balance of the employer ·contributing. The amount of-balanc.e in the Industrial Accident Fund to the employer's credit shall not relieve him . of his duty and liability to pay the service and policing charge; provided, however, that no employer who pays for �COMPENSATION LAW STATE OF WYOMING any calendar month four per cent of the moneys ear ned . by each of his employees engaged in such extra-hazardous employment during such calendar month shall be compelled to pay a service and policing charge for such month. (b) In payment of medical and surgical. supplies and medical or hospital attendance of an employee of such employer. 16 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 Acci~ent F~nd during each calendar month or on the · premmm which the. employer would have been required to pay had not the amount of the employer's balance relieved him from the payment of a premium. The a_mount of t_he service and policing charge shall be determmed accordmg to the following schedule: 1Service and P olicing Charge for the Month Where the Monthly Payment is- Less than $10.00 ______________________ $ 2.00 $ 10.01 to $ 20.00 incl. _____ ________ 3 00 20.01 to 30.00 " • 30.01 to 40.00 " ------------S.OO 40.01 to 50.00 " ============= 16:8~ 50.01 to 60.00 " _____________ 15.00 60.01 to 70.00 " ______ _______ 20.00 70.01 to 80.00 " ________ _____ 25.00 80.01 to 90.00 " 3o.oo 90.01 to 100.00 " ------------35 .oo 100.01 to 250.00 " -,- ----------5o.oo 250.01 to 500.00 " ------------500.01 to 750.00 ,, ------------75.00 750.01 to 1000.00 ,, ------------- 100.00 1000.01 to 2500.00 ,, ------------- 125.00 2500.01 to 5000.00 ,, ------------- 150.00 Over $5000.00 ------ - -175.00 ------------------------ 200.00 For the purpose of encouraofog . th the employers and· thus decreasir~g acc~~Ie t ont e part of ~n~ to the end that each e . en s o employees, mJuries to the workmen of ~1hyer hall compensate all of other employers the State emp oyer and not those arate account for ~ach empl _easurer s~all ~eep a sepfuncl and shall charge a ainst oyer so contnbutmg to said all warrants paid from fhe Indthet1~c coAunt_ of each employer_ s 1.a1 cc1dent Fund. (a) As awards for inJ'u .• t O ployer. nes employees of such em- Tu 1 17 (c) In payment for investiga/tions of accidents of such employer, or in payment of investigations of injuries to his employees. (d) In payment of witness fees in cases wherein an order of award is granted to t he employee of such employer. (L. 1915, Ch. 124, §16 ; S. L. 1917, Ch. 69, §3; S. L. 1919, Ch. 117, §4; S. L. 1923, Ch. 60, §7; S. L. 1925, Ch. 124, §3; S. L. 1927, Ch. 111, §2.) Copy of Payroll to State Treasurer. §4332. It shall be the duty of each employer to forward :to the State Treasur er on a blank form provided by said State Treasurer a true copy of his pay-roll of persons in his employ engaged in extra-hazardous employment during the culTent calendar month, sworn to either by himself or the person having knowledge of said pay-rolls. Each employer, unless otherwise supplied with the last above blank forms, shall seasonably apply to said State Treasurer for the same. It shall further· be the duty of each employer heretofore mentioned to notify the State Treasurer in the event that he has ceased to employ workmen in occupations of an extra-hazardous nature as defined by this Act. Any failure of any such employer to file with said State Treasurer a copy of his pay-roll as herein provided, shall be a misdemeanor, and any wilfully false statement in any affidavit made . as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed as in this Act provided shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars. (L. 1915, Ch. 124, §17; L. 1917, Ch. 6~, §4; L. 1919, Ch. 117, §5; S. L. 1923, Ch. 60, §8.) Powers of State Treasurer and Attorney General. §4333. The State Treasurer is authorized and empowered for the purpose of enforcing the provisions of this act to appoint two inspectors, the salaries and actual and necessary traveling expenses of such inspectors to be paid out of the Industrial Accident Fund. In case any employer engaged in any extra-hazardous business or industry, as defined by this Act, shall fail or refuse to pay the assessment upon his current monthly pay-roll, as is required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred �18 COMPENSATION LAW STATE OR WYOMING Dollars ($500.00), and in addition to the said fine it sh all be the duty of the Attorney General of this State to immediately bring suit in the name of the State for the benefit of the Indus~rial Accident Fund against such employer for the collect10_11 o~ such assessment, and if a judgment for the recovery of said assessment be . given in favor of the State fo1: t~e use and benefit of the Industrial Accident Fund, said Judgment shall be for double the amount of t he pay-roll ~ssessment provided in Section 4331 hereof, toge~her with costs. (L. 1915, Ch. 124, §18; L. 1917, Ch. G9, §5, S. L. 1923, Ch. 60, §9; S. L. 1927, Ch. 111, §3.) Compensation Schedule. §4334. Each employee, who shall be injured in an of the extra-hazarc~ous employments, as herein defined, of the dependent family of any such injured workman who ~a:y die as the result of such injuries, except in case ~f inJm-ies due solely to _the culpable negligence of such in ·ured employee, ~ha!~ receive out of the Industrial Accident ftund co1J1pensation m accordance with the following schedule ' af such payme_nt shall be in lieu of and take the plac~ o any and all rights of action against a 1 ribttFing, ~s required by this Act to then)na~ftifa't en und m favor of anv person or pe b . any such injuries or death. rsons Y Ie~son of Ai;t eith c.a) "Pfertmanent partial disability" means the loss of e~ one oo , one leg, one hand one arm the sight of one eve one or more f", . , one eye, or and dislocation ,vh~re the ligame~igeis: one or more toes, o!her_ !njury known to surgery to \:Ie se:vered, or a'!lY d1sabihty. For any permanent . . pe~ma_n~nt partial 1 after specifically described, resu!B~ tI~l. d1sab1l~t~ hereinworkman shall receive a lump sum a! f~I1~sa:n mJury, the For the loss of a thumb___ __ . Fo1: the loss of a first finger=======--------- $ 225.00 F01 the loss of a second finO' . --------- • 200.00 F01: the loss of a third finge;~~====---------150.00 Fo1 the loss of a fourth finO' . ---------150.00 For the loss of a pal ( t e1______________ 150.00 For the loss of a ha~--~~ acarpal bone)_____ 600.00 For the loss of an arm at 0 ;-b""eT--- i;-------- 1,000.00 For the loss of an arm above elbo e1 ow______ 1,200.00 • ( w__________ 1,500.00 Fol. An!cy-Iosis total stiff (due to scars or injuries) wh • hness of) or contractures t~an useless the same amou;f makes the fingers more fmgers (not thumb) as given abo~~~ly to such finger or 0 19 The loss of a t hir d or distal phalange of the thumb shall be consider ed to be equal to the loss of one-half of such t humb ; t he loss of t he more than one-half of such t hum b shall be considered to be equal t o the loss of the whole thumb. • The loss . of a third or distal phalange of any finger shall be consider ed to be equal to the loss of two-thirds of such fin ger . The Joss of more t han the middle and distal phalanges of any fi nger shall be consider ed to be equal to the loss of t he whole fin ger; provided, however, that in no case shall the amount r eceived for more th an one finger exceed t he amount provided in t his schedule for the Joss of a hand. For t he loss of a great toe __________ _________ _ $200.00 For t he loss of one of t he toes other t han great toe 150.00 The loss of mor e t han two-t hirds of any toe shall be consider ed equal to t he loss of the whole toe. The loss of less than two-thirds of any toe shall, be consider ed equal to t he loss of one-half of the toe. For t he loss of a foot_ _______ __ __ ____ _______ $1,000.00 For t he loss of a leg below the knee____ __ ___ _ 1,200.00 For the loss of a leg above the knee________ __ 1,500.00 • For the loss of an eye or the sight thereof____ 1,500.00 For any o_ther injury known to surgery to be permanent partial disability, the workman shall receive a sum in the amount proportional to the extent of such permanent partial disability based as near as may be upon the foregoing schedule, but in every s uch case the amount allowed for the injury shall be paid in monthly installments at the rate of Fifty Dollars per month if the workman be unmarried at the time of the injury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is living at the time of the injury, provided, however, that the C!ourt 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 lurrip sum. (b) "Permanent total disability" means the loss of both legs or both arms, total loss of eyesight, paralysis or �20 COMPENSATION LAW STATE OF WYOMING other conditions permanently incapacitating the workman from performing any work at any gainful occupation. Where there has been a previous disability, as the loss of one eye, or the sight thereof, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by deducting th~refrom the p~rcentage of the previous disability, as it existed at the .tim~. of the subsequent i~jury. When permanent total d1sab1hty results from the mjury the workman shall receive the sum of Four Thousand ($4,000.00) p~Uars, but in every such case the amount allowed for the mJury shall be paid in monthly installments at the rate of Fifty_ Dollars pe! ~onth if the workman be unmarried at the tim~ of the mJury, and at the rate of Sixty Dollars per month if the workman has a wife with whom he is livincr at t~e time of the injury; provided, however, that the com~ ~ak1~g such award shall retain jurisdiction of the same until said award shall have been fully paid, with power to modify or c~ange the amount of the award to conform to any change m the conditi?n of the injured workman, and shall h.ave 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 aw~rd to be paid to the injured workman as ~ lump sum; provided that if the workman shall die leavmg an unpaid balance of the award, then such unpaid balance sha_ll be returned to the Industrial Accident Fund ~md b~ credited to the employer's balance. If the workman suffering su~h permanent total disability nave a boy or boys under sixteen (16) years of age, or· girls under eighteen (18) ~ears of age, ~he guardian of such child or childhren, appointed a~ herem.after provided, shall receive for t e use and benefit of said child or children a lum of One Hundred and Twenty ($120 00) Doll'ar P sum for each b?Y un der. six • t een (16) years • until the stime per when year each of said boys shall become sixteen (16) ye f and a lump sum of One Hundred and Twent ars o age, Dollars _per ye~r for each girl under eighteen (:i8) ($120.001 age until the time when each of said girls shall b year~ ~ teen (1~) years. of age; provided that the aggr~cgo~e f1g sum paid to said guardian shall i e ump Thousand ($4,000.00) Dollars, an~ ~~ case exceed Four made on account of any such child or chhd:nd all awar~s bursed under a proper guardianship t b en, shall be disCourt or Judge making such award. 0 e created by the . (c) "Temporary total disabilit.(y" • . . which though it may result or do me.ans an mJury total or partial disability tempora:!tl re.sult m _a permanent ' •• Y incapacitates the in- 21 j ured person from performing any work at any gainful occu- pation for the time, but from which injury such person may recover by medical or surgical t r eatment and be able to re· sume ,vork. In such case, if the workman be unmarried at the time of the injury he shall r eceive the sum of Fifty ($50.00) Dollars per month, so long as the total disability shall continue. If he have a wife with .whom he is living at t he time of t he inj ury, he shall receive Sixty ($60.00) Dollars per month, and if he have boys under sixteen (16) years of age or girls under eighteen (18) years of age, or both,•he shall receive for each Seven and One-half ($7.50) Dollars per month, but the total monthly payments shall not exceed Ninety ($90.00) Dollars per mont h. No compensation except t he expense of medical attentio n shall be allowed for the first seven (7) days of disability, unless the incapacity extends beyond th e period of twenty-one (21) days, in which case the compensation shall run from the time of the injury. As soon as recovery is so complete that the earning power of t he workman at any kind of work is restored, 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 specified to be paid an injured workman for injuries causing permanent total disability. When the workman has non-resident alien children he shall receive only one third of the sum above fixed for boys under sixteen years of age and girls under eighteen .years of age. (d) In all cases of temporary total disabil~ty, .I?ermanent partial disability and. permanent total. d1sabil~ty, the expense of medical attention an~ of care m hospit~l of the injured workman shall be paid from date of said injury, the expense of medical treatment_ not to exceed One Hundred and Fifty ($150.00) Dollars in any case and the expense of care in hospital not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless under general arrangement the workman is entitled to m~ical attention and care in hospital, or the employer furmshes adequate and proper medical attention and hospit~l facilities to his employees, provided,_ howev~r, that no bill or fee for medical attention or care m hospital shall be al_lowE:d or paid without notice to the employer and a hearmg if requested by said employer. The Stat~ .Treasurer shal~ have the power to establish a s_chedule fixing th_e fees for which all medical, surgical, hospital or other ~egahz~d forms of treatment rendered to employees under this .section_ shall be compensated. Each physician. or surgeon attendmg a workman injured while engaged m extra-hazardous occupation shall file with the Clerk of the qourt of the co~nty within which such injury occurred and with the State Treas- �23 COMPENSATION LAW STATE OF WYOMING urer under rules to be prescribed by the State Treasurer a full and complete report fully describing the nature of t he injuries to such workman; provided that such report shall not be .required unless the disability resulting from such injury last s through the day or the injury requires medical services other than the ordinary first aid treatment. Any physician or surgeon failing to file any report as her ein provided shall be punished by a fine of not mor e t han Fifty ($50.00) Dollars. Where death results from an injury the expense of burial shall be paid not to exceed One Hundred and Fifty ($150.00) Dollars in any case, unless other arrangements exist between employer and employees under agreement. (S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124; S. L. 1927, Ch. 111, §4.) und er sixteen (16) years of age unt il the time when each of said survi ving boys shall become sixteen (16) year s of age, and a lump sum of One H undred and Twenty ($120.00) Dollars per year for each surviving girl under eighteen (18 ) years of age until t h e t ime when each of said surviving girl s shal l become eighteen (18 ) years of age; provided that th e aggr egate lump sum paid to said g uardian shall in no case exceed Three Thousand Six Hundred ($3,600.00) Dollars . In all cases where an order of compensation is made on account of boys under sixteen (16) years of age, or girls under eighteen (18 ) years of a ge, or both, or to per sons incompetent, said fun d shall be disbursed under a pr oper guardianship to be cr eated by the Court or Jud ge making such an order. (2 ) If t he inj ured workman die during the period of t empor ar y total disability and after r eceiving compensation ther efor , as her ein pro,rided, and his death be shown to have r es ulted from such injuries, t he widow and the guardian of t he workman's boys under sixteen (16) years of age and gir ls under eighteen (18 ) years of age shall be entitled t o a n award because of t he death of the workman as herein provided, but the total amount of paym ents in excess of Two Thousand Fo ur Hundred ($2,400.00) Dollars received by th e inj ured workman during such disability and prior to his death shall be proportionately deducted from the am ounts herei n provided to be paid to the surviving widow and the guardian of t he workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. 22 (1) But if the workman leaves a widow or invalid widowe_r, to whom she or he has been regularly married by a_~arriage duly solemnized by a legal ceremony, such survivrng spouse shall receive the sum of T\vo Thousand ($2,000.00) Dollars, but in every such case the said award s~all be paid in monthly installments at the rate of For tyfive ($45.00) J?ollars per month; provided, however, that the ~ourt !llakm&" such award may upon application and hearrng, with notice to the employer and a sho\'.ring of the necessity therefor, order all_ or any part of the unpaid balance of the award to be_ ~aid to the surviving spouse as a lump sum. If the survivmg spouse shall re-marry before all of ~aid award _has been paid, then he or she shall only be e_,nbtled to receive the sum of T_wo Hundred and Seventy ($210.00) Dollars out of the unpaid balance of said award and further payment shall cease, and any balance of t h~ award s~1all return to the General Fund and the same shall be credited to_ the employer's balance; if the surviving spouse shall die before all of said award has been paid then further payment shall cease and any balance of the award ~hall return to the General Fund and the same shall be c1·e_d1te_d to the employer's balance. Provided further that if 1! be shown t~at the surviving sp~use wil~ fully deserted decea_se_d without fault upon the part of the deceased, s1;1ch surv1vmg spouse shall not be regarded as a dependent m_ any degree, but in such case the right of boys under sixteen (16) years of age and girls under ei hte~n years of age to compensation shall not be defeated g If said wo.rkman leaves a· surviving boy or boys und er six • ·t een - 1s under (16) Yea• 1·s of age_ or gir 1 or gir eighteen (18) , of age, the guardian of such child or children ap • / ~ars herei~after provid~d, shall receive for the u;e a p~ib e 1 of said child or children a lump sum of One H n d ~ne d Twenty· ($120.00) Dolla{·s per pear for each su~vf~g t~Y f"~ (3) If any workman die within one ye~u- fi:om . ~he date of receivino- an award for permanent partial disability and his death b: shown to have resulted from the injuries for which the award was granted, .the ~vidow and the guardian of the workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age shall be entitled to an a,vard because of the death of the workman as herein provided, but the am~rnnt of ~he payments received by the injured workman prior to his. death. shall ~e proportionately deducted from the amounts herem ~rovided to be paid to the surviving widow and the guardian of ~he workman's boys under sixteen (16) years of age and girls under eighteen (18) years of age. (4) If any workman die within two years f~·om. ~he date of receiving an award for permanent total_ d~s~bi~1ty and his death be shown to have resulted from his 111Jtmes, the widow of said workman shall be entitled t_o an a~ard because of the death of the workman. as herem p1:ov:ided, but the amount of the payments received by the mJured �24 COMPENSATION LAW workman in excess of $2,000.00 prior to his death shall be deducted from the amount of her award. (5) If the workman leaves no widow, or widower or boy under the age of sixteen (16) years, or girl under the age of eighteen (18) years, but leavE)s a parent or parent s surviving, such surviving parent or parents shall receive a lump sum of One Thousand ($1,000.00) Dollars; provided a parent or parents who are non-resident aliens shall receive a lump sum of one-third of One Thousand ($1,000.00) Dollars. (L. 1915, Ch. 124, §19; S. L. 1917, Ch. 69, §6 ; S. L. 1919, Ch. 117, §6; S. L. 1921, Ch. 138, §7; S. L. 1923, Ch. 60, §11; S. L. 1925, Ch. 124, §4; S. L. 1927, Ch. 111, §5.) Forfeiture by Injured Employee-Payments Withheld. §4335. If any injured employee shall persist in unsanitary or injurious practice, which tends to imperil or retard his recovery, or if he shall refuse to submit to such medical or surgical treatment, as is reasonably essential to promote his recovery, he shall forfeit all right to compensation under this Act; and where an injured employee is under care and treatment of a physician, he shall not be permitted to personally receive or use any compensation payments allowed him under this Act, except upon the order of such physician, but such payments shall be withheld and delivered to such injured workman upon his recovery or discharge _by such physician. • Exemption from Execution or Attachment. §4336. No money paid or payable under this Act out of the. Industrial Accident Fund shall, prior to issuance and d~hvery of the warrant therefor be capable of being assign~d, charged or ever be taken in execution or attached or garnisheed, or shall the same pass to any other person by op~ration of law any such assignment or charges shall be VOld. ST4TE OF WYOMING 25 Extra -Hazardous P ublic Work-Contract Work. §43~8. Whenever t h~ State, county or any municipal corporat10n shall engage m any extra-hazardous work in which workmen ar e employed for wages this Act shall be applicable thereto. The employer's pay:Uents into the Industrial Accident Fund shall be made from the Tr easury or the State, county or municipality. If said work is being done by contract, t he payroll of t he contractor and the sub-contractor shall be t he basis of computation and in the case of contract work consuming less than one year in performance t he r equired payment into the accident fund shall be subj ect to t he provisions of this Act and the State for its general fund , t he county or municipal corporation shall be entitled to collect from the contractor t he full amount payable to t he Industrial Accidenf Fund and the cont r actor in t urn, shall be entitled to collect from t he sub-contractor his proportionate amount of payment, t he provisions of t his section shall apply to all extra-hazardo us wo rk done by cont ract, except that in private work t he contr actor shall be r esponsible, primarily and directly, to t he Industrial Accident Fund for the proper percentage of the total payroll of t he work and for the amounts due it, and t he owner of th e property affected by the· contract shall be surety for such payments. Whenever and so long as the stat e law, city charter or municipal ordinance, provision is made for municipal employees injured in the course of employment, such employee shall not be entitled to the benefits of this Act and shall not be included in the pay-roll of the municipality under this Act. Safety Devices. §4339. Nothing in this Act contai~ed shall r~peal any existing law , providing for the installat10n or 11:amtenanc_e of any device, means or method for the prevent10n of a_ccidents in extra-hazardous work or for a penalty or punishment for failure to install or maintain any such protective device, means or method. Minor Workmen. §4337. A minoi: working at an age legally permitted under the laws o~ this State shall be deemed sui juris for the purpose _of this ;Act and no other person shall have any • ca_use of action or right. to compensation for injury to such mmor workman, except as expressly provided in this Act but m t~e event of a l'!]IDP sum payment becoming du~ under this Act ~o ~uch mmor workman, the management of same shall be withm the probate jurisdiction of the Co rt the same as any other properties of minors. u s, Fees for Services in Procuring Compensation Limited. §4340. It shall be unlawful for any person ?r any number of persons acting together or separately or m any way, including attorneys, agents, interpret~rs, an~ all other _pe~·sons, to receive or agree to receive _ei_th~r dll"ectly O! mdirectly from any beneficiary or beneficiaries _under. t~is Act, for services rendered or to be rendered, e1th_er Jomtly _or separately, in relation to procuring any benE:flt or benefits under this Act anv sum or sums aggregatmg more than ' - �COMPENSATION LAW STATE OF WYOMING five percentum of the whole amount received or to be received by such beneficiary or beneficiaries on account of injuries to any employee, and in no event to exceed Fifty ($50.00) Dollars. 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 nor more than five hundred dollars, 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 dependent, who may· seek advice in making and. filing claims for compensation, and to prepare all statements of claim or other papers necessary or advisable to be filed by such workman or dependents, free of all charges and costs. (Amended by §8, Ch. 138, S. L. 1921.) may deem pr oper for changes or amendments herein and to publish a full r epor t t hereof, to the Governor on o; before t he 31st day of December in each year. (Amended by §7, Ch. 69, S. L . 1917.) 26 Physicians Required to Testify. §4341. Any physician having attended an employee in a professional capacity may be required to testify before any Court or Judge when so directed in cases coming within the provisions of this Act, and the law of privileged communication between physician and patient, as fixed by statutes, shall not apply in such cases. False Statement by Employee. §4342. Any employee or workman who shall make or cause to be made on his behalf any misrepresentation or false sta~ement for t!1e purpose of receiving compensation under this Act to which he 1s not lawfully entitled shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than Three Hundred ($300.00) Dollars or imprisoned for not more than ninety (90) days. Statistics Compiled by State Treasurer. §4343. It shall be the duti of the State Treasurer to s~cure and col'!Ipil~ statistical information concerning acc!dents, occ~u-rmg 111 th~ extra-hazardous employment def111_e~l by this fa.ct,. show111g the number of accidents or fatal_1b~s occurnng 111 each of said employments, the amount pa!d 111 by each employer_ coming within the provisions of this Act; t~e amoun~ J?aI~l o~t on account of injuries, or death resultmg_ from 111~Ul'les 111 such employments and any o~her 111f~rmation relatmg to the operation or administrat10n of this law that may ~e of interest and to make a full report thereof, together with such recommendations as he 27 Sta te T reusurer i\I ay E xa mi ne Em pl oyer's Books. §4344. The State Treasurer may at any time on twenty-four ho urs notice, (unless such notice is waived by t h e employer) eit her in per son 01· through any authorized inspector, agent or deputy, examine the books, accounts or payrolls of any employer at any t ime for the purpose of seemi ng any information desfrecl in the administration of this Act. (S. L . 1927, Ch. 111, §6.) Disabl ed 'tVor k men E xa mined 'hy Employer's Physician-Recovery RepQrted to Court. §4345. Any workman awarded compensation for temporar y total disability under this Act as defined by clause (c) of Section 19 hereof shall, if thereafter requested by his employer , submit himself for medical examination by a physician licensed to pract ice medicine ' in this State, at a place designated by the employer and which shall be reasonably convenient for the workman, and said workman may have a licensed physician present of his own selection. The purpose of such examination shall be to determine whether the workman has recovered so that his earning power at any kind of work is restored. If it be agreed that the workman has recovered so that his earning power at any kind of work is restored the fact shall be reported by the employer and said physici~n to the Judge of the District Cour~ who made the award in the first instance, or if there be a dispute as to the recovery of the workman and his re~toration to earning power, it shall be likewise_repo:rt;ed ~o said Judge by filing a statement in either case 111 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 mann~r as said Judge may deem proper under the facts. If said Judge find that said workman has recovered and_ has been restored to his earning power and that comp_ensation sh~uld be discontinued his decision and judgment rn the premises shall be certifi~d to the State Auditor an~l Stat_e Treasm:er and shall be authority and direction to said officers. to discontinue compensation payments. ~f t~e workma~ m s~ch case refuse to submit to such exam111at1011 or obstI ucts the same, his right to monthly payments shall be suspended until such examination has taken place, and no compen~ation shall be payable during or for account of such period or refusal. �28 STATE OF WYOMING COMPENSATION LAW 29 §4346. All employees or workmen coming within the provisions of this Act shall be required 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) years and girls under the age of eighteen (18) years. • employer, or after he ceases such business. Provided, that every employer , operating under the provisions of said Act shall pay into said "Workmen's Compensation Fund," the sum of at least $5,000.00, and Provided further if this chapt er shall be hereafter repealed or held invalid, the moneys which are in the industrial fund at the time of disposition as may be provided by the legislature, and in default of such legislative provision, distribution thereof shall be in accordance with the j ustice of the matter, due regard being had to obligations of compensation incurred and existing. (Amended by §1, Ch. 76, S. L. 1921.) Accounts Inactive Three Years to Be Closed. Rights of Action. §4347. Any balance standing to the credit of any employer 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 Accident Fund. §4349. Nothing in the Workmen's Compensation Law shall be construed to limit or affect any right or action by an employee against an employer for injuries received while in the employ of such employer when such employer at the time of such injuries is not contributing to the industrial accident fund as provided in this Act. Employee's Statement of Dependent Persons. Payments of Employers Not to Be Refunded-Transfer and Assignment. §4348. All payments made into the Accident Fund by any and every employer under the provisions of this Act ~hall b~ taken as paid and received in consideration of the rndemmty to ~uch e:r_nployer by reas?n of his contributing to the Industrial Accident Fund, and m consideration of the payments made by the State to such fund. Provided, that when any employer engaged in an extra-hazardous occupation as defined in this chapter, has heretofore sold and conveyed, or shall hereafter_ sell and convey his or its property to a; purchaser who_ contmues to conduct and carry on said busmess at the ~ame place the seller shall be entitled to tr~n~fer and 3:ss1gn ~~ the pu~chaser all rights, benefits, pnvlleges and 1mmumties accrumg to such employer by virtue o~ any S?m then on deposit to his or its credit in the Ind?~tnal Acc1<:1ent F~nd in the St~~e Treasury under the prov1s10ns of said Act , and upon flhng such assignment with t~e State Tre~surer1 ~he pur~haser ~~all succeed to all said ri~hts, benefits, pnvileges,. immuruties of said employer. S_a1d pur~haser shall be_ subJect to obligations of compensat10n aga1_nst the seller ;1-ncurred and existing at the date of su~h ~ss1gnment; provided, that no part of any moneys so P!lld in hr any e:r_nployer shall ever be refunded to him either durmg the time when he continues in business as such Right of State Treasurer to Appeal. §4350. The State Treasurer shall _have the rig~t to appeal to the Supreme Court from any final or<:1er or Judgment in any District Court of the Stat~ awardmg compen. sation or declininO' to award compensat10n although he was not a party to th~ proceedings in such District Court, ~pd upon the perfecting of any such app~al the Cour~ allowmg the appeal shall issue an order staying the ~xecut10n o~ ~he final order or judgment appealed from without requmng any bond. The Attorney General shall act as the attorney of the State Treasurer in every such appeal, and each a;Ppeal shall be conducted without expense to the Industnal Accident Fund. (S. L. 1925, Ch. 124, §5.) Date for Filing Prior Claims. §4351. All bills or claims !o~ medical, surgical or hos; pital services rendered to any mJured v.:orkman under th provisions of the Workmen's Compen~ation Act more than thirty (30) days prior to the date this law becomes effective shall be filed with the District Court of the. propE:r County within fifteen (15) days aftei: the dat~ on which ~his Act becomes effective and no such bill or claim forcse~ces or expenses whatsoe;er shall be allowed by the ou or paid from the Compensation Fund unl~ss th e have prior notice thereof and a hearing be a hearing is requested by the employer. ;::::rt){e~~i~i~ �30 COMPENSATION LAW Bills to Be Ite mi zed-Time for Filing. §4352. All bills for medical attendance, expense or disbursements, and for hospital services, shall be properly dated, itemized and verified by the claimant or the same shall be disallowed by the Court, and every doctor who shall attend an injured workman shall within ten (10) days after the first of the month succeeding that in which he rendered service to the injured workman file with the Clerk of t he District Court of the proper County, his itemized and ver ified bill for all services rendered by him and expense incurred in behalf of the injured workman during the previous month, and shall send a copy thereof to the State Treasurer, and all claims for medical attendance or medical services not so filed within the time specified shall be disallowed by the Court. Notification by Doctor. §4353. Every doctor who accepts the case of an injur ed workman, and every hospital which accepts the case of an injured workman shall within ten days after accepting such case file a written notice thereof with the Cle1·k of the District Court, and shall send a copy of such notice within said ten (10) days to the State Treasurer and another copy ·within said 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 Compensation Fund for any ·services, care or attention rendered to such injured workman or any facilities furnished to him. Awards. §4354. Every award within the meaning of this Act is a judicial determination of the rights of the employer, the employee and the Industrial Accident Fund as to all matters involved. No award of compensation or allowance of any expense or claim chargeable against the ac- . count of any employer contributing to the Industrial Accident Fund shall be made without notice to such employer and hearing unless such employer shall consent thereto. Re-opening of Cases. §4355. The State Treasurer shall have the right to cause any case to be reopened in which an order of award has been made, provided he shall cause a petition for the reopening of the case to be filed with the court which granted STATE OF WYOMING 31 th e award, within t hir ty days after the date on which the order of award was received in the State Treasurer's office. Such petit ion must show probable cause that error was made in t he amount of t he award or the character of the award or the grounds on which t he award was made, and may specify as a reason for re-openi"ng t he case existing evidence not given in t he original hearing, showing the general nature and effect of such evidence. On the filing of such a petition and on the court finding that probable c::i. use is shown thereby, t he court shall stay the award, l'J,nd upon r easonable notice to all parties r e-open the case and set the same for hearing de novo. The State Treasurer may take such part in t he new hearing as he may deem advisable and shall have every ri ght and privilege of a party to the cause. He shall have the right of appeal to the Supreme Court from any order in such new hearing, either granting an award or r efu sing to grant an award . . He shall also have a right of appeal from an order refusmg to reopen a case. In addi tion and without the necessity of presenting any petition for t he re-opening of a c'.'l-se to the trial court, t he State Treasurer shall have the nght to appeal to the Supreme Court from any order or judgrt?-ent in any_ d_istrict court of the State awarding compensat10n or declmmg to award compensation although he was not a party t_o the proceedings in such District Court. Upon the perfectmg of any appeal instituted by the State Treasure~· the court allowing the appeal sh~ll issue an order staymg t)'le exec_ution of the order or Judgment appealed from _without requiring any bond. The Attorney General or his deputy or assistant shall act as the attorney ~f the State Treasurer in all cases. All costs of new hearmgs granted upon the petition of the State Treasurer and all cost~ of appeals conducted by the State Treasurer shall be paid by the I:1dt~strial Accident Fund, except such costs as the Court ~n its discretion shall assess against any of the other parties to the cause. Deferred Payment Account. §4356. Whenever an order of award shall specify that the award is to be paid in monthly payment~ the State Treasurer shall charge the am~u~t thereof kag!~n~n1h~h~~l count of the employer of .dthe m~durfe? :1hemGeneral Fu~d transfer the amount of sai awai ~o h 11th . • t Def d Payment Account, which accounts a e1e-m oa erre t f the award Interafter be alone liable for the'jayment Account shali be paid est earned by the Deferred ayllmen amounts repaid or into the General Fund, as we as a11 �32 COMPENSATION LAW returned to said General Fund under the Provisions of this Act or by reason of modification of orders of award. Whenever a modification of an order of award increases the amount of the award the additional amount shall be charged against the employer's account and transferred from the General Fund into the Deferred Payment Account, and whenever a modification of an order of award decreases the amount of the award the amount of such decrease shall be transferred from the Deferred Payment Account to the General Fund and credited to the account of the employer. STATE OF WYOMING CHAPTER 159 - S. L. 1925CO AL i\lI NE CATASTROPHE INSl)' RANCE AN ACT to provide coa l mine catastrophe insul'ance and the insur~nce and the a~cumu lation and use to t hat end of a catastrophe msurance premmm fu nd, and for other purposes. Be it Enacted by the Legislature of the State of W yoming: Existing Contracts and Pending Actions Not Affected. §4357. This Act shall not affect any contract ent ered into and existing before its passage or any action pending or cause of action existing prior to April 1st, 1915. §4358. This Act shall take effect and be in force from and after the 1st day of April, 1915. Bill approved February 27, 1915. Amendments Approved February 19, 1917. Amendments Effective April 1, 1917. Amendments Approved February 25, 1919. Amendments Effective April I, 1919. Amendments to Section 15 (4330 Wyoming Comp Statutes, 1920). Effective February 17 1921 by Ch 65. S. L. 1921. ' ' • ' Amendments Approved February 24, 1923. Amendments Effective April 1st, 1923. §4347 new, by Ch. 68, S. L. 1921. Effective February 17, 1921. Amendments Approved February 25, 1925. Amendments Effective April I, 1925. Sections 4351, 4352, 4353 and 4354 new by Ch 124 S.. L. 1925. Effective April 1, 1925. ' • ' Amendments Approved March 5, 1927. Amendments Effective April 1, 1927. Sections 4355 and 4356 new, by Ch. 111, S. L. 1927. Definition. SECTION 1. The word, catastrophe, as used in this Act means a disaster in a coal mine or mines causing the payment through t he operation of the workman's compensat ion law of this State out of the Industrial Accident Fund of an aggregate more than Twenty-five Thousand Dollars in compensations to workmen killed and injured and their dependents, growi ng out of any one accident or occurrence, or series of accidents or occurrences arising out of one event. . • Payment by· Coal Mining Com1>anies. SECTION 2. For the purpose of giving to the portion of the Industrial Accident Fund paid in by employers operating coal mines support which is d~eme~ necessayy, each employer operating a coal mine or mmes m Wyommg shall pay into the State Treasury monthly a sum equal to onefourth of one per cent. of his Wyoming payroll for the preceding mont h, such payment to be ma:de on or before ~he 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. m a fund to be denominated Catastrophe Insurance Premmm Fund. All moneys received by the State Treasurer under the terms of this Act, shall be paid by him out of t~e Cat3:strophe Insurance Premium· Fund into the Industrial Accident Fund, monthly as received, a1:d such payments shall. continue to be made until the credit balance of the C~tastrnphe Insurance Fund in the Industrial Accident Fund 1s equal to One Hundred Thousand Dollars ($100,000.qO), whereupon such payments shall cease, to be automa;tically r:s~fmtt~ whenever and continue so long as the cred~t ~alanc Indus Catastrophe Insurance Premium Fund withrn th e D trial Accident Fund is below One Hundred Thous:1nd O1Jars ($100,000.00); all such payments shall be credit ed gen- �35 COMPENSATION LAW STATE OF WYOMING erally to the Industrial Accident Fund instead of being credited to any individual employer contributing to either the Catastrophe Insurance Premium Fund or the Industrial Accident Fund. mor e than Five H undred ($500.00) Dollars and in addition to the said fine it shall be the duty of the Attorney General of t his 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 t he collection of such P!·emium, and if a judgment for t he recovery of such prem~um due be given in favor of t he State fo r the use and benefit of the Catastrophe Insurance Premium Fund said jud_gment sha_ll be for double t he amount of t he pr emium provided by this Act, together with _costs. 34 Losses in Excess of $25,000 to Be Paid from Fund. SECTION 3. In consideration for such payments made or to be made from the Catastrophe Insurance Premium Fund, the Industrial Accident Fund in the hands of the State Treasurer is hereby made a catastrophe insurer as to catastrophes to the extent that such catastrophes cause losses above Twenty-five Thousand Dollars to the Industrial Accident Fund. The first Twenty-five Thousand Dollars of such loss shall in every case be charged against the employer in whose mine or mines the accident may have occurred. The amount over Twenty-five Thousand Dollars shall be paid from the Industrial Accident Fund and not charged against the employer in whose coal mine or mines the catastrophe occurred, but against the balance of the Catas trophe Insurance Premium Fund. Separate Account to be Kept. SECTION 4. The State Treasurer shall keep a separate account between the Industrial Accident Fund and the Catastrophe Insurance Premium Fund, crediting the. Catastrophe Insurance Premium Fund with all moneys by it paid into the Industrial Accident Fund and charging the Catastrophe Insurance Premium Fund with all amounts paid out for cat astrophes as herein provided. Use of Fund Limited. SECTION 5. No money paid into the Catastrophe Insurance Premium Fund as herein provided shall ever be applied in any way other than by payments to the Industrial Accident Fund as herein provided. Penalty for Failure to Pa y Premium. SECTION 6. The inspectors appointed by the Treasurer under Section 4333 of the Wyoming Compiled Statutes of 1920 and acts amendatory thereof and supplemental thereto shall also act as inspectors for the purpose of enforcing the collection of the premiums due the State from employers operating coal mines. And in any case any such employer shall fail or refuse to pay the premium upon his monthly payroll as is required by this Act he shall be guilty of a misdemeanor and shall be punished by a fine of not A uthority t o Contract Wi t h Insura nce Co mpanies. SECTION 7. The State Treasur er, should he deem it advisable, is hereby authorized and empowered to make co_nt racts on behalf of t he State of Wyoming and the Indust~al Accident F und with an insurance comp~ny or _companies, to provide for payment into the Industrial Accident Fund by t he insur ing company or companies ~f a su!ll equal to t he ul timate net loss which t he Industrial Accident Fund has or shall sustain by reason of any catastrophe, ~11 fer t~e ; purpose of aut horizing t he Sta~e Treasurer to remsu:e t : said catastrophe r isk wit h an rnsurance co1:1pany or c~l panies The premium for any contract remsura1'.ce s a_ be paid by t he State Treasu~·er out of the Industrial Acc1: dent Fund and charged agamst_the account of the Catas trophe Insurance Premium Fund. . ,. Every contract of reinsur~nce ~hall specifyi thaa~ tt~el . . ames remsures the n us na msurance company 01 comp of catastrophes during 1 Accident Fund fr~m loss by r~:i~ the limits as to amount the term O! such msur.anr, w1 that the insuring company expressed m the contiac_, an ward for claims growing waives all right to ques[1<:n 1 0 ~row out of a catastrophe, out of a catastr?phe ?r c aime will accept as final the and that the msurmg compact~· the Wyoming Workmen's awards made by the court~ un .e e b · such awards, and will Compensation Law, and 1 ab{jal ~ccident Fund all the promptly repay to !heel ~ us the term of such insurance payments made by it urmg h contract shall also protinder catastr_ophe 1awards. EaJisclaims all right to appear vide that the rnsurrng com~any der the Workmen's Comin or contest any proceedrng un de out of the Industrial pensation Law. ~o p~yment_dmt~ the Industrial Accident Accident Fun~ which is repai shall be charged against Fund by an insurance company Insurance Premium Fund the account of the Catafstf~phe plover in whose mine the or against the account O e em catastrophe occurred. ~tf 11 �.' 36 COMPENSATION LAW STATE OF WYOMING SECTION 8. This Act shall take effect and be in force on and after April 1, 1925. der the provisions of t his act shall be computed according to t he compensation schedule of the Wyoming Workmen's Compen ation Law in effect at the time such injuries were received, and t he pr ocedure and forms under this Act shall be a near as may be the procedure and forms provided by the Workmen's Compensation Law, it being intended that the Wyoming Peace Officers' Indemnity Fund shall be administered by the State Treasurer as near as may be in the ame manner as t he Wyoming Workmen's Compensation Law is administered, and that orders of award and all other court procedure shall be entered and conducted as near as may be in accordance with the procedure provided by the Workmen's Compensation Law, and that any of the ab~ve peace officer s injured in ·the line of his duties shal.l receive t he same compensation which he would have received had he received t he same injury while working for an employer contiibuting to the Indushial Accident Fund! and shall receive the indemnity in the same manner. Approved February 28, 1925. CHAPTER 97 -S. L. 1923INDEMNITY FOR PEACE OFFICERS AN ACT to provide indemnity for peace officers killed or injured in the discharge of their duties; the accumulation of a fund ther efor, making an appropriation of $25,000.00, and for other purposes. Be it Enacted by the Legislature of the State of Wyoming: 37 Wyoming Peace Officers' Indemnity Fund. SECTION 1. The fund accumulated under this Act shall be known as the Wyoming Peace Officers' Indemnity Fund. Officers Included. SECTION 2. Such Peace Officers' Indemnity Fund shall be accumulated and maintained as herein provided for the purpose of providing indemnity to all penitentiary wardens, deputy penitentiar)' wardens, penitentiary guards, guards of the Vi!yoming Industrial Institute, including the Superintendent and his deputies, agents of the State Department of Law Ehforcement and the Commissioner of such Department and his deputies; State Game and Fish Commissioner and his assistants and deputies, and State Game Wardens; and all sala1·ied sheriffs, under sheriffs, deputv sheriffs and constables employed by any county of th'e State of Wyoming or paid by the Board of County Commissioners of any county, who shall be injured in the performance of their duties, the purpose of this Act being to provide for indemnity to such peace officers injured in the performance of their duties, which duties are hereby recognized as involving risks to life a.nd limb. This Act shall not apply in any case where the injury oc·curred before the date on which this act is to take effect. Limit uf lndemnity Paid. SECTION 3. The indemnity which any such peace officer or his dependent family shall be entitled to receive un- Payments to Fund by Counties. SECTION 4. Every county of the State of Wyoming is hereby required to pay into thE: Sta!e Treasll!Y for the benefit of the Wyoming Peace Officers Indemruty Fund a sum of money equal to one and one-hal~ per ceI?,t (1½ %) of th.e . moneys earned by each of its salaried she~·iffs, deputy she1: iffs under sheriffs and constables dunng each calendal mo~th in which they shall be employed. · Such paymen shall be so made on or before the fifteenth day of the mont~ following the month for which such payments are comtpute d •d The State Treasurer shall keep a separa e ac:~unifo~ each county so contributing to said fund,. and shall charge against t~e account offtc~ ~of;J:r:!\;;a~:;J~ paid from the Wyommg Peace 0 1ce1 s (a) As awards for injmies to the above named peace officers of such county; (b) In paY_ment of medical o~· hospital attendance of such peace officers of such county, . . . (c) In pa;yment !o! tph!ymin;~iti;;t!~~:sf~~Wo~~e~ni~ such peace officers 01 m . . . ere received· the manner in which such mJunes w ' . ·t f es in cases wherem an (d) In pay~ent oft Wld tne~~ch peace officer of such order of award 1s gran e 0 county. • t ake said monthly conEach county shall c~ntldnue 1 ~ts account after maktributions as above provide un ess ° �COMPENSATION LAW STATE OF WYOMING ing the above deductions therefrom shall be overdrawn, in which event said county shall be required to pay monthly a sum of money (including the said one and one-half per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers during each calendar month of such employment until such overdraft shall be paid. forwarded to the State Auditor and State Treasurer respectively of Wyoming, and shall be by each of said officers entered upon a r ecord to be known as the Iridemnity Docket, and shall be t he authority and direction of the State Auditor to issue warrants of indemnity awards against the Wyoming P eace Officers' Indemnity Fund, and for the State Treas urer to pay such indemnity awards from such fund. 38 Payments to Fund by State. SECTION 5. The State of Wyoming hereby- pledges itself to contribute by biennial appropriations a sum of money equal to one and one-half per cent (l½ %) of the moneys earned by each of such peace officers in its employ, and agrees that its account shall be kept as near as may be in the manner in which the accounts of the counties are required to be kept under the provisions of this act, and that similar charges for amounts paid out on account of or on behalf of injuries to its peace officers shall be charged against its account. The State of Wyoming further pledges itself that in the event its account is overdrawn that it shall contribute a sum of money (including the said one and onehalf per cent) equal to three per cent (3 %) of the moneys earned by each of its peace officers. Appropriation. SECTION 6. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of Twenty-five Thousand Dollars ($25,000.00) to be paid to said Wyoming Peace Officers' Indemnity Fund as the first contribution of the State to said fund. Report of Accident. . SECTIO_N 7. Reports ?f accidents covering injuries to its peace officers shall be filed by the counties in the same manner and at the same time as such reports are required to be filed by employers contributing to the Industrial Accident Fund, and each State officer shall make similar reports to the courts of all injuries to peace officers employed in his department. Order of Court. SECTION 8. Every order given and made by the District Cou~ or fudge a":arding payment from the Wyoming Peac~ Officers Indem!lity Fund to an injured peace officer or his dependent family shall_ be entered of record by the Clerk of. the C_ourt where given and true copies thereof shall be 1mmed1ately made and certified by said clerk and 39 Power of State Treasurer. SECTION 9. The State Treasurer shall have the power by appropriate action to require each county of the State to contribute to said fund as required by this act. Appeal by State Treasurer. SECTION 10. The State Treasurer shall have the right to appeal to the Supreme Court from any final ord_er o~ judgment in any District Court of the State awardmg mdemnity or de~lining to award ~ndemnitf, although he was not a party to such procedure m the District Court. The A~torney General shall act as the attorney for the Stat~ m every such appeal, and each appeal shall be_ con1ucted wi~hout expense to the Wyoming Peace Officers Indemmty Fund. SECTION 11. This Act shall t~ke effect and be in force from and after the first day of April, A. D. 1923. �INDEX BRIBERY IN CONNECTION WITH WORKME N'S COMPENSATION ACT- 3 W ORKMEN'S COMPE NSATION ACT Section ACCIDE NT REPORTS_ Employe1· Shall Fil e --- -- ________ --- ---- -- ---------- 4326 Employee Shall File ---------------- -------------- - - 4326 ACCO UNTS INACTIVE THREE YEARSAccounts Shnll be Closed ---------- ------ - -------- - -- 43 47 AGRIC ULTU RAL LABOR1:~xe.eptcd ------ ------ -- -- -------- ---- ---- -- ---- ------ 4319 A LIEN DEPENDENTSAmoun t Allowed - --- ---- - --------------------- - - -- -- 4321 (k l N on.Resident Pn rent Ol' P nrent:; ---------- ------- - - - 433 ,1 (5 1 Not I ncluded in Defin itio n of " Child" or " Children" E:<cept ---- ------ -- ---------- __ - - - - - - -- --------- - - 4321 (k \ APPEAL T O SUPREME COURTHow Taken ------------------------------- - ------ 4328 Stnte Treas urer Shall Hnve Right ____ _____ _____ ___ 4350 ATTOR NEYSFees for Services Lim ited _-- - ------------------------ 4340 ATTOR NEY GENE RALP owers of -------------- -------------- ---- - ---- ----- 4383 AW ARDSChn rged to Account of ------ ----- - - --------- - ----- 4381 Cour t Sha ll Stay P ay men t P ending AppenL ___ __ __ 4828 Exempt ion from Attnchment ____ _____ __________ ____ 4336 B'LANK FORMSFu rnished by S tate Treasurer ______ _________ _____ __ 4325 BURIALF ees Shall Not E xc<?<?d ___________ __ ________ 433 •1 (d1 CASUAL LABORExcepted - ---------- --- - -------------------- -------- 4321 (i / CHILD OR CHILDREN!\.liens - --- ------ -------- - - -------- -- -- - - - - - -- 4321 (k 1 Children of Decenscd Parent Shall Receive __________ 4334 (1 1 Definition - -- ---------- - - ----- ---- - ----- ------ ------ 4321 (kl No Limitation of Time Shall Run Until Guardian is 1m (b, lcJ sh!fiP~:ci:t. i~--p;~;;;-.;-~;~t-T~t;;ri:i;;;biiity-C-;.~;;==== Shull Receive in Temporary Total Disability Cases ____ 4334 CLERK OF COURTEmployee's Report of Accident -- ---- - - -------------- 4326 Employer's Repor t of Accident ________________ 4326 Procedure When Death or Accident is Reported _____ 4327 Shall Record Court Orders - - - - -- --- ------------- - 4329 COMPENSATION SCHEDULE. Each Employee Who Shall be Injured Shall Receive __ 4834 CONSTABLE OR DEPUTY CONSTABLE4319 Excepted -- - - - ---------------- --- ---------------COSTSNo Costs Shall be Taxed Except ____________ 4327 CONTRACTORS AND SUB-CONTRACTORS-In Private Work Contractor Respo!'sible - - - - - - Payroll of Contractor Shall be Basis ----------State nnd Municipal Employees Not Entitled to Benefits if Other Provisions Are Mnde --------- - - 4338 -m: COUNTY AND PROSECUTING ATTORNEY" Shall Act on Behnlf of Inju1·ed Workm!'n----------- 482 • Shall Give nil Necessary nnd Legal Adv,ce to Work- ,1340 man ----------------------- ----------------------COURT ORDERS RECORDED4329 Copies to Auditor nnd State Treasurer -------------COURT PROCEDURE4327 Procedure in Disputed Cases _______ _________ ____ COURT REPORTER..,_ _____ 4327 ShnJl Attend Hearings -------------------------- Pnge 10 10 28 s 24 13 29 2r, �INDEX-Continued INDEX-Continued Section DAMAGESSections Repea led -------------------------- 4316 DEATH OF EMPLOYEE-Where Workmnn Dies Reference Thereto Shnll Include Dependents ___________________ -------------------- 4321 ( i) Deferred Pnyment Account ------------------------ 4356 DEFINITIONSBuilding Work ------------------------------- 4320 (f) Child or Children ------------------------- - -- 4321 (k) Dependents ----------------------------------------- 4321 (j ) Employer --------------------------------- 4320 (h) Engineering Work ---------------------------------- 4320 (g) Factories ------------------------------------------ 4320 (a ) Injury and Personal Injury -------------------------- 4321 (m) Injury Sustained in Extra-Hazardous Employment_ ___ 4321 (I) Invalid -----------------·---------------- - --- 4321 (n) Mills _ _ _ _ ·----------------------------- 4320 (c) Mine _ _ _ _ _ ---------------------- ---- -------- 4320 (d) Quarries _ _ _ _ · - - - - - - - - - - - - 4320 (e) Workmen -------- ---------------------------- 4321 (i ) Workshop ----------------------------------- 4320 (b) DEPENDENTS AND DEPENDENCYChild or Children ---------------------------------- 4321 (k ) Definition of ---------------------------------- ------ 4321 (j ) Definition Shnll Not Include Aliens Except_ _______ 4321 ( k ) Dependency to be Determined in Whole or in Part in Accordance With Fnct ------------------------ - - - - 4321 ( k l Dependent Parent or Parents ______________________ 4334 ( 3) Spouse Not Dependent if Wilful Desertion, be Shown __ ~321 ( j ) Shall be Referred to Where Death Occurs to Workman 4321 (i) Widow Shall Receh·e ------------ ------------------ 4334 IIJ DISPUTED CASESProcedure in -------- - ---- - -------------------------- •1327 DOMESTIC SERVICE-Excepted -------------- ------ _________ _____________ _ -1319 EMPLOYERAccident Reports ---------------------------------- 4326 Aw'!r~~ Charged to Account of Individual Employer__ 4331 { a. b. c. di ~::;~~~~~~. -A;;;;.-;,~;-t--::::::::::::::::::::::::::::: m~ n,, Exempti~n from Payment of Premium ____ ______ ____ 4331 Not Relieved of Linbility __________________________ 4324 Penalty for Not Reporting Accidents ________________ 4326 Shall Furnish Copy of Payroll _ 433? Shall Report RecoYeri• of Workmen ________________ 4345 EMPLOYMENT-Excluded Classes ------------------------------------ 4319 See Occupations Co,·ered by Act. EVIDENCE-Taking of Shnll be Summary ______________________ 4327 EXCEPTIONSAct Not to be Construed to Apply __________________ 4319 When Employment is Purely Casual ________________ 43?1 (i) EXEMPTION FROM PAYMENT OF PREMIUMEmployer Shall Continue to Make Contributions Unless ---- --- ----- ··--- - ----------- ------ ---------- -- 43a 1 FARM EMPLOYEES-Excepted ______ ____ ____ ________ ______ __ __ ______ ______ 4319 FEES-Collection of Fees Limited __________________________ 4340 GUARDIANGeneral Provisions ____ ________________ _____ 4322 Wh ere Workman is Minor Reference Shall be-M;d;-~ 4321 (i) HEARINGS-How Governed ---------- - --------------------------- 4327 No _4wa:d or Allowance Shall be Made Without No- ~h:{i~:~,(~o~~~~~~--~~~:--;~:~::::-----------------11i1. HORTICULTURAL LABORExcepted __ ______ --- - ------------------------------- 43ig P a ge 4 7 31 s 8 7 7 6 s 8 g 6 G 7 7 6 8 8 s 18 7 22 Section HOSPITALSBills to be I temized -------- - ----- --- --------------- 4852 Fees for Services - - ---- - --- - - - - - - - - -- - ------- ------ 4884 (d) N otifica tio n by H ospita l - --------------------------- 4853 P r ior Clnims. Date of F iling - ----- - - -------- - ----- 4351 Reports Wher e F il ed ---- - ------------- -- -- - --------- 4384 (d) INDUSTRIAL ACCIDE NT FUNDApprop r intion __ ---- - --- - - ---- - - ---- ---- - ---------- 4330 INJURIES SUSTAINED IN EXTRA-HAZARDOUS EMPLOYMENTShnll Include - - - --- -- --- -- ----- - ----- - - - ----- - ---- 4321 (I) INJURY ANU PERSON AL INJURY_ Defini tion ------- - - ---- - ---- - -- - - ------------------ 4321 (]) Defini t ion Shall Not Include ------ --------- -------- 4321 (I) Wilfu l Act of Third P erson - -- --------- - ----- - ------INSPECT ORSTreas urer is Aut horized to Appoint - - ---- ---------- 4333 INTERSTATE COMMERCE-Those E ngaged In ______ __ __ ____________ ________ _____ 4319 INVt.!rFnition _______ __ ___ ____ ___ ___ __ _________ ______ : __ 4321 INVESTIGAT IONSJudge Sha ll Inn s tignte Nature of Injury nnd Claim __ 4327 15 7 15 15 9 JO 17 27 5 11 0 5 25 g 7 11 30 11 21 14 8 8 17 7 0 m~ 24 MIS~~~-:;,~·:-by Injured Employee -- - --- - - ---- - --------- 4335 24 0 OCCE/l~ ~~!':~- :~~ ~~~~ -~::- ~-~==------------ 4318 PARENT OR PARENTS-When Dependent Shall Receive - - -- - ----------------- 4334 PAYROLLSEmployer Shall Forward Same to State Treasurer---- 4382 PER:J~~sE71.!st (3) 17 !f~~_I:-~I-~~~~~~:.:=-------- , _______ 4334 (a) PERMANENT TOTAL DISABILITY334 (b) 4 Means Loss of --------------------------------PHYS_ICIAN. 4352 B'1lls to be Itemized -----------~-----7-----E--I---- 4345 Employer's P~ysician May Examine InJured mp_~:~ (d) 4834 Fees for Services ----------------7--·----4827 Imp.~tia~ Physician May be Appointed -------------3 436 Notif1cat1on by Doctor ---------------- ----------- •-- 4851 Prior Claims, Date of Filing ----------------------- 4334 (d) ::~~f~d st:ai.!'ur;i~~~-========================= 4341 15 20 10 i: ~;:.i:: t~s G~~~:r~n°~rI~~';;f'k1:~~e~~~\'l~;~_ 4321 (i) ~:Y~o:ari~:~ e~y s~lmJ~\~ ~ -=================::::::::: 10 30 21 30 11 LIA~~~ ; ;,:- Not Relieved - - - - ---- ---- - --------------- ,132 4 LIMITATION OF TIME TO MAKE CLAIMInjured E mployee Must File ------ -- ---- - -- - -------- 4326 MIN ORS AND INCOMPETENTSW~h~ll 11 Page 18 19 30 27 21 11 30 2~ 21 26 PREMIUM• 4331 Employer Shall be Required to Pay Premmm-----Service and Policing Charge -------------------- 4331 15 15 PUB~!~t 'in~~!Si;; State Fund ------------------------ 4338 25 RANCH EMPLOYEES_____________________ 4319 Excepted ---------------------RIGHTS AND REMEDIES. 4349 N?thing in Law Shall Limit Jl.igh~ of Action -------- 43 1i; r:,!tt ~~.i;~o.:;:: t~--~~~~~~~~~~o_n__ ::=========::::: 431_1 20 ,1 ,I b! SCHEDULE, MEDICAL AND HOSPITAL--4334 Shall be Fixed by State Treasurer ---- - ------------- 11 SHE:J~~te~R-~~!'._~~=--~1!~~!:_F:-:=-____________ Shall Serve N'otice of H euring ---------------------- m~ (d) 21 5 11 �INDEX-Continued Section STATE TREASURERMay Exnmine Books of Employers - - - - - - - - - - - 4344 Power of ---------------------------------- 4383 Shall Haye Right to Appeal ------------------ 4350 STOCK RAISINOExcepted ------------------------------------- 4319 SUBROGATIONEmployee Not Entitled to Compensation Where Legal Liability is Created in Some Other Person ________ 4323 TEMPORARY TOTAL DISABILITYIf Workman Die During Period of ----------- 4334 (2) Means an Injury ---------- - - - - - - - - - - - - - - - - 4334 (c) TESTIMONYPhysician Required to Testify _______________ 4341 TRANSFER AND ASSIGNMENT OF ACCOUNTSPayments Not to be Refunded _____________ 4348 Pag , 5 9 ~o 20 26 WIDOW- Alien ----------------------------------------------- 4121 Having Deserted Husband not Entitled to Compensation ---------------------------- - --- 4321 Must be Married at Time of Death ________ : _______ 4?.21 WORKMENAccident Report ---------------------------------·-- 4326 Definition ---------------------------------- 4321 Forfeiture by Injured Employee ------------------ ··- ··- 4335 If Workman Refuse to Submit to Examination ______ 4245 Payments Withheld ------------------------- 4835 Statement of Dependent Persons _ _ _ _ _______ 4346 COAL MINE CATASTROPHE INSURANCE ACT____ _ WYOMING PEACE OFFICER INDEMNITY FUND ___ ___ _ (k) (j) (j) 26 (i) 7 24 27 24 28 33 SG � 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 Workmen's Compensation Act of the State of Wyoming Chapter 258 Wyoming Compiled Statutes 1920 and Acts Relating Thereto Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1920 Subject The topic of the resource The 258 chapter of the Workmen's Compensation Act in Wyoming, 1920 Description An account of the resource A 9" x 6" booklet with black text and handwriting at the top of the page. A compilation of statutes and acts for the 258 chapter of the Workmen's Compensation Act in Wyoming. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource W. H. Edelman Identifier An unambiguous reference to the resource within a given context 1-0172 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/7ca1cfba346e7779995419e6c11c62ea.pdf 23d8f97a7661403758d659b2463223b5 PDF Text Text Special File No 1 , 184 WORKMEN'S COMPENSATION Individual cases involving ROCK SPRIKGS FUEL COMPANY 1933 - (Also Rock Springs Fuel Company vs T. s. Taliaferro, Jr. Controversy) �r. f , • THE UNION PACIFIC COAL COMPANY Ro ck Sp rings, Wyoming l:N REPLY PLEASE REFER TO OFFICE OF Attorney July ,11, 1 9 39 NO. Mr. I. N. Bayless City Dear Sir: I am s enct · n g you copy o f le t t er written to John Luc a s. I cio n ot su ppo s e my protes t wil l have any effect but whe ther it h a s or n o t , I fe el , a s an employee of the co al co mpan ie s of Sou th ern Wyoming , th a t I should register my p r o t e st. Yours trul y, /,I TST:ga �/ July 11, 1039 .• Mr . John Lucas, Presio.en t Ro ck Springs F-\lel Company Ro d\. Springs, Wyoming • De~r Slr: RC: Jo e Riedel. Referring to the 1:-njury of Joe Riedel, employee of Rock ,Springs Fuel Company, v.ho was injured ;:arch St.h, 19~9-, by a fall of rock : I utderstand that he ls going to· the Veterans Ho·s pi tal at Cheyer..ne for further treatment . I do not understand that the Hospital Comu.ission is sending him, but c.s. to this I Tioulu lik e to know. If this -r;orkman goe~. to Cheyenne, ~nd to the hospi te.l , I would st:rongly recor::~::iend that the Rock Springs Fuel Company take tha:t opportunity to have two or th'l"('I'? Cheyenne snrg!;:on s examine the workman, as I !llll not at all sE..tisfied with what the so-called "1.!.edica.l Advisory Doierd 11 reported on J'une f.O, 1929 . Indeed, as I exi;ressed to you, I a:.i not in sylipathy rl th- this Boll.rd, ana I have little co1ifi<ien c e in lts re9orts. The Do ard is t ..ot f'unctioninb in the ,ay th&t I l'las g-iven ito under s tand it :· ould function, vhen l t t,; s cre;;tec.. Then it v:a s supposed to rP.nder it.s service ¥:hen the coal operators s.9ecifi c R.lly nnd especially called ·.J:pon it, in oxuctly the sn- J ~ eianner in ,~hi ch I would. have these Cheyenne surgei:>ns exautin~ this rro rkman . In s tead of th~~, thls Bccrd is c~lled into sestlon s by a l ~yruan,F" aria they ove:rrio.e., dictate a11d u~rp th~ por:er of ~ cal!'.!p s~r~eon . Tney is su e ::.. s~b_µoena to your camp surgeon , r:ind ~-h 0 c a..!p ~urgeon is. subservient to their oict~tion, v:hat ever may be th~ diff~rPn cP. of o.iinipn b et· eet.i th::- c an~• surge .'!J f..:!;d th~,s~.l.vo :.: . 1 t y opinion 1 s that this Board should be abolished, as it has outlived lts usefulness, and i s o f no ~arthly use . Yours truly, P.S. The surgeon that I ·would pick out in Cheyenne would b'3 Doctor Galen A. Fox, division surgeon for the Union Pacific, and who I know to be skillful and cons.i derate. I would then ask Doctor Fox to take with him two surgeons of his own selection. ·.rs-r: ~a T.S.T.Jr. CC-I.N.Bayless �COPY THE UNI,OM PAGIFI O COAL com, .ANY Pl,oolt Springs• Y!yQming Office of JUly 11, 1939 ?Jr. I. N. Bayless Oity Daar Sir: I mn sending you copy of letter· \'11'it0en to John tucaa. I do not auppooa my protest will have any effect but ~hather it has o~ not, I feel, as an employee of the coal oompanies of Southern rJyo:.ning, tha.t I E':1 ould register my protect. Yours truly, (Sgd.) TST:ga T. s. Taliaferro. Jr. �COPY July 11, 1939 M.r. John luoae, President Rock Springs Fuel Company Rock Sp rings, Vlyoming Ref erring to the injury of Joo Rtedal, 01Dployee of Rook Springs l?uel company, ·who t1as i n jiu."ed !!a.rah 8th, 1939, by a fall of rock: I understand that he is going to the veterans Hospital at Cheyenne for further treatme:-1t. I do not understand that the Hospital Oommiasion ia sencliac,; hlm but as to this I t·1ould lika to ?mow. If this uorkman goes to Cheyenne, and t Q the hospital, I wuld s·trongly reconM3i1d that. t he Roolc Sprl:ngs FUel Compa ny take that opportunity to have ttw or three Cheyenne surgeons aitemine tho uorkman, ae I am not nt all satisfied 'l'Jith '1hat the no-called "~adical Advisory Boa1"Cin reported on June 30> l9J9o Indeed, as I expreaged to you, I em not in sympathy with this Board, and I have little confidence in its reports. The oard is not functioning in the ue:y that I Ylas given to undoratand it ~culd function, ~hon it uas. created. Then it ,vaa supposed to :rsnder its servioe \,hon th0 eoal operators •specifically and eapeaially ealled upon it, in exactly the earns manner in uhich instead of that, this Board is called into seoeions by a layman, and they override, dictate and usurp the pouar of a camp surgeon. Thay issue a aubpoan& to your camp surgeon, and the camp surgeon io oubservient to their dictation~ whatever may be the difference of pPinion bet,:een the oamp surgeon and themaelvea. Tu'iY opinion is that this Board should be abolished, e.s it has outlived its usefulness, and is of no earthly use. Yours truly, (Sgd.) T. s. i a.l ia.farro, :rr. P.S. The aurgeon that I would pick out in Cheyenne would be Doctor Galen A. Fox, di vision surgeon for the Union paoiU.o, and who I know to be skillful and considerate. I uould then ask Doctor Fox to take with him tuo surgeons of bis own selection. T. S.T. Jr. 00 - I. N. Bayless �Copy for hlr. Georg e H. Pryd~ Th e Union fb ciric coal Co. February 21st, 1935. PERSOHAL llir. John Lucas President., Rock Springs ~uel Company Rock Sprin~s, Wyominz ( • I received to day a check f1·om the Rock Springs Fuel Company, signed by you, for ,·,hich I desire to eJtpress . mr per- sonal appreciation. . \'!11110 1 t is tru e that !'or t!1.e past siJt months I nave performed po direct nervic e f'or the Rock Spi•ings Fuel Gom;pr-n1y., / yet the fac t r emains that i:n an indire ct manw~r I have performed nuch uork for every coal company opera ti1,g ~n South\;; estern i~yoming. I navG a ca.s o now for one of the Rook Sp:rin g;s co al companies in the Supr ewe court of "~yomi ng, u pon r:ll ich I b 2. ve giver..l a tremendous umount of l a bOI',9 1.o t becaus e t he co c.1 company uas, in terms, desired i t , or ro,rues t ed thc=.t I snould t ~ke th e ca se to the Suprai."le {.;ourt.:> but I am doi ng i t bac~u s e o. priuciple, affocting every co f\l company in sou t llwester n ·~i.:yorningJ) is i n volved. 'io • sr,ow y ou m1e 0l ~ment in t llB c:;sc~: Abou t '~w~n t y surgeons, sca .;t el'ed 1·rom :Uonver to Sal t L nke, e:-.amiu0d t il e r1orli:man, took X-r ~y pictu r·e s, and can f i nd no evicterwe oi' any injury. l .w1ong tnos e t,1en t y su rg eon s \7e r e Do c ·~ors Arboga st and Roe, who were t he r;ori'. .ilitu.1 vs en.mp su rg 0onz. 'I1he -:;:; orkrnan then employed an ost c opnth., -.;:.b.o ou1•11ed him r1i th el e ct ric lamps. A con~;iderr~ble time aftt;)rr:arci.s , and an.er he \'ia s discharged from t he Vetertms 9 ilosp1 tal, Bt Dewrer, n e \'? e:ut to Doctors Luu li:er m'.ld Sanders. Doc·tor Lauzer t esti:ri ed to t h e court that all these otl'ler surgeons t, ere v, :rong .11 l:nd that tho ymrkman h a d been injured 25;{ of • 11 p0rr;:ian e11t tot al di sabili t yn. irn soon as Doctor Lau i~er got off t he st and his part.ner.11 Doctor Sanders, ,n:::.s sv:orn, anu testified that th0 norkman had bee:n injured 75% of 8 permanen-c total dis- a bility"o Does not this show that somebody must not only· watch adverse coal legisla tion at Cheyenne, a dverse coal legislation at Washington, the desire or many smaller business men tnat coal mines be exo1·bitantly taxed, bu·t . al so does it now shov; ttrn.t • somebody must watch even the camp surgeons, when t; V70 pt:,lrtners, te stifying · practically at the same time, would have a spread ot J2,ooo . oo . betweeu them in only one inJur~? for 't.he ~ram taking this case to the Suprem~ court chiefly the unre!1abli.it~x 0 iai~~g to tne_attention of the Judges 8 doctors partners, an~ ~:.~a~e~~:unony,; that here are two sur eon; one of them, Doctor t...a.u;_!-~~.,_~~f! 0 f tv:enty othar ..• ang '"l 000 00 for "permanent ~ur~ifil <l-l:,5a·t1l;:.t!t;y: t~:l.s workworkman' ,.·i o ,hj_oJ.ooe .oo. o.is . mpart ~e~ , Doctor Sanders., woulu give tnis . 0 can any · business survive tli~t is to b a system? Somebody nas got to m£1ke the ttght cot to take the blame and tne enmity. ?our ■ t~, ~-h , , ·•--' ~ e looted by SUch 01'.ld somebody has �STANDARD IWH0,000 FORM 2103 SUBJECT : THE UNION PACIFIC COAL COMPANY . OFFICEOF Rock Springs, Wyoming December 29th, 1934. IN REPLY PLEASE REFER TO NO. Attorney PEIRSONAL Mr. George B. Pryde City Dear Sir: In regard to your conversation with John Lucas upon compensation matt ers: Since you left, Glen Stanton came to my office, and asked for an extension of time for t he filing of a brief in the Supreme Court in t h e Kopro wski case. The law is that the Attorney General represents an injured workman in the Supreme Court, but t h e stipulation f.or additional time to file the brief shows that the application is made by Glen _G. Stanton, Joseph H. Galicich and Ra y E. Lee . Of course, t here is no ob j ection to Koprowski having as many lawyers as care to look a fter his interest, but the fact that Stanton is associated. with Wal ter A. Muir, and Walter A. Mui ✓is rep resen ting John Lucas' coal company, and Glen Stanton is representing Ko pro wski, simply means that he is representing Mr. Muir in an indirect manner, because J-ohn Lucas does not ~ant Mr. Muir to come out in the open. In sending these notices to the coal operators, I am not going to send a notice to John Lucas. If you care personally to invite him, of course, I have no objection, but Lucas has been playing double for several years. Yours truly, _. ✓--;; TST:ga ~ �FORM 2103 SUBJECT / 1:JfoA/lD v r ./ ,000 / ~7 . UNION PACIFIC COAL COMPANY Rock Springs, Wyoming. IN REPLY PLEASE REFER TO November 13th, 19.33 Attorne NO, Mr. George B. Pryde Vice Presi dent and General Manag er The Union Pacific Coal Company City Dear Sir: Referr i ng t o your l et te r of November 10th: I feel that every reasonable pressure should be brought upon the Rock Spring s Fuel Company to compel it to live by its agreement, when about a year ago Mr. Lucas agreed t ha t th e wr i ter shoul d represent the Rock Springs Fu el Company, in conjun ction with all of the coal companies of Southe r n Wyomi ng, which, of cour s e, inclu des the Kemmerer Coal Company and t h e Di &monn Coal and Coke Company . It Viould be ex tremely embarras sing i f the Rock Springs Fuel Company should be at loggerheads, through its attorney, ·with what the rest of us are trying to accomplish. This would inevitably result, bec&u s e the combination between certain surgeons and certain attorneys is diametricall y in opposition to anything and everything which, to the writer, appears legal and just. First: In the revision of the statutes, the Board, of which Mr. N. R. Greenfield was a member, eliminated,(of course unwittingly and ignorantly,j all limitations as to when judgments may be set aside on account of newly discovered evicience. • i This was the most unreasonable, dangerous and radical legislation that any American State has ever attempted. A letter from Mr. Massey Holmes of the Central Coal and Coke Company, dated July 3, 1933, in reference to this, states: "This seems to me a very disturbing precedent, and I hope you and the other employers will take all steps possible to effectuate some finality at some time of awards or judgments of this nature". Judge Tidball, on June 27th, 1933, stated in a decree: "Under the law as it nowreads, there is no limitation on moving to reopen a judgment on account of newly discovered evidence. At the time of the injury, of course, and of the filing of the petition, there was a one year limitation, and perhaps that might apply.n �. This matter is so serious, especially to employers of labor, that I have fully made up my mind, in a quiet way, a t the Special Session of the Legislature, to point out the dangerous and revolutionary character of the statute, as it now stands, and to ask that the same be amended so tha t it will be in conformity with the law of ever y State in the Union, and perhaps with the law, wherever English law prevails. I do not feel t hat I can di scuss this matter at the proper time with a meeting of t h e operators with the Rock Springs Fuel Company, actively in conflict wi t h me , and with my ideas, which is surely to result if Mr. Lucas persi st s in hi s cour s e. I simply canno t , f or many reasons, work with Mr. Muir. From my conver sations with Jlr. McAu liff e, I am quite su re that h e ha s experienced, in his business life, men v1hom it was perfectly impossible for him to work with. I think I have he ar d hi m so exp ress himself to me. Second: I am pr epa r ing a t the fi r st opportunity to take to the Supreme Court, for constru ction , the am endmen t , whi ch we ma de at the last session of t h e Legisl a tur e, looki ng to t he prevention of the "pyramiding" of " t emporar y t otal disabi lit y" awar ds ·with "permanent parti al ciisabili t y 11 awar ds. We have a larg e number of cases on hanci, in which the employee would be perfectl y satisfiea. to go t h r ough the r emainder of his life, drawing 11 temporar y total disabi lity " awa r ds, and will go until those a\·;ar ds have reached t h eir maxi mum amoun t s, and upon which the employee v:ill claim "permanent partia.l di s a bili tyn, i f not "permanent total disability". I think you have one or t wo ca s es -of this sort now brewing in ·rhe Union Pacific Coal company. This cl a ss of ca ses is well illustrated by the Lincoln Young case,for whom I have an order from the court to send to Denver for examination. The statute, as amended, in February, 1933, expressly says that v-.1here there is "permanent disability", the "temporary total disability" shall be allowed only until the 11 healing process" has reached. Our surgeons are paying no attention to this law, and I have every reason to believe th2.t they are being advised by some of" the lav1yers who are proclaiming themselves the friends of' the injured workmen. I am waiting to get a good case to take to the Supreme Ctsurt, if necessary, for a construction of the law. It would be particularly annoying to me to be hampered in this matter by the Hock &prings Fuel company, ana. I think that you have the influence with the directors of' that company, including hlr. Facinelli, and Mr. Bunning, to make them see that it is not to the interest or the coal operators, or to the interest or the Rock Springs Fuel company, to go back upon its agreement as to legal representation. Of course, you understand so far as aesiring to represent Mr. Lucas, if this thing could. be separated and divided, I would be glad that Mr. Lucas should go his way. His enmity towards me has no foundation, �except that I have refused to allow stipulations to be made in violation of the statute, and have insisted on the Rock Springs Fuel Company living up to the statute, without waiving statutory limitations, etc. Mr. Lucas thought tha t the 11 money" belonged to the Rock Springs Fuel Company, and it ought to be able, at his suggestion, to do what he chose in the premises. Of course, this thought is entirely erroneous. You will recolle ct that a year ago, I suggested that I was willing to do t he work t hat the Hock Spring s Fuel Company had without any remuneration, rather t han to have it break the representation. I still make t11e s ame offer . However, I mig h t add t hat the Rock Springs Fuel Company has pai d me nothi ng since t hat off er was made. Whether it considers that it ovves me anything, or not, I do not kno w. I have no thought one way or the other . Yours truly, ~~..........,,_., \ TST:ga I W �!JP Rock Springs - Nov. 10, L)33 si r. T. s. Taliaferro, Jr.: I thank you for your letter of the 9th instant, together v: i th 6'1 clo sures. wh ich I am returning herevri th. I we nt ove r the exact t h ing s you me ntion in your l e tter with tlr. Lucas . a dvising h i m th a t he wa s not only jeopardizing his own compens a tion c ases b ut d oing everything ~ossible to embarrass all of the o ther Companies; th&t in this matter of comv en sation, we should a ll stay to ge ther ,nci that you should hanule thos e cases. I also called hi s att e ntion to the fact that he had been under .. any obligations to The Union Pacific Coal Company and the Railroad Comyany, and s:b..oulci go along vii th their officers. I shall have another talk v; ith him a 6 a in ,•,hen he returns from his present trip. It is quite a comi->limen t to you to have ?:i:r. Reid / make the request that he does in his letter. t" �sr.,, •..,, FORM 2103 ., SUBJECT: PERSONAL 1o-a..10.ooo THE UNION PACIFIC COAL COMPANY Rock Springs, Wyoming. IN REPLY PLEASE REFER TO OFFICE OF Attorney November 9, 1933 NO. Mr. George B. Pryde City Dear Sir: I was most interested in your letter .concerni ng John Lucas. This is one of the funniest t hings that has ever come under my observation. I went to Washington, D.C., and got t h e Rock Springs Fuel Company its track, which was one of only t wo tha t Mr. G2..r field would allow. I spent a month at Washington doing this, cramped, every day, except Saturday afternoons, and Sundays, from nine until five o'clock, in a little, old, temporary buil ding, waiting an opportunity to see Mr. Garfield, knowing that if I was called, and not present, that my time was forever lost. • I again went to Washington t wice, and obtained the very land that the Rock Springs .fuel Company operates, after a contest, as you will remember, with the Union Pacific in the matter. I defended a suit, amounting to over $30,000.00 in damages, because Lucas had treated his • coal agent in Omaha, with the same degree of injustice as he no~ treats me, breaking his contract, without saying a word, and without any reason. I care nothing about Lucas, or the Rock .Springs l''uel Company. They have had exceptionally splendid service at my hands, as Victor Facinelli and Chris Bunning can tell you, and which you pr6oably know yourself. John Lucas has been favored by the Union Pacific Coal Company, and yet, right at a time when there should be unity of action, unity or thought, unity of policy, he wants to bring into the Coal Operators Association discord and strife. Almost every coal operator has protested to me against Lucas' action in this matter .. To show you that Lucas, knowingly and willfully, misrepresented the Colony Coal ~ompany, I inclose a letter, which I received from the Colony Coal Company, and which you will please return. I will grant that Mr. Lucas has the right to employ any attorney he sees fit to employ, but I deny that he has the right, receiving as many favors as he does receive from The Union Pacific �FORM :Z.103 SUBJECT: THE UNION PACIFIC COAL COMPANY IN REPLY PLEASE REFER TO OFFICE OF NO, Coal Company, to try to 11 buck 11 The Union Pacific Coal Company, and the interests of all of his associ a tes~ Under th e present si t u2.tion,' I shall al ways feel embarrassed, because I will al ways feel t ha t with the Rock Springs Fuel Company there can be no 11 f'ree expressionn of wha t I think, and it presents to .t he Judge 01· the District Court a re udic.tion of the 11 slant 11 that I have been trying, and have succeeded pretty well in giving to the administration or the compensa tion law. I think this phase of the matter shoul d be carefully considered by the Southern Wyoming Coal Operators Association. I received this morning t he inclosed letter from Mr. Reid, in which he ackno wledges using one of th e arguments that I made to Judge Tidball, and in whi ch he ask s me to file a brief, as a friend of the court, in a case which comes down from the Sugar Factory at Torrington. Of course, I shall do it, in the interest of the Rock Springs Fuel Company, and John Lucas, just as much as in the interest of The Union Pacific Coal company, and the Kemmerer Coal Company. Please return Mr. Heid's letter. Yours truly, ·" Dictated by Mr. Taliaferro Transcribed after he left for Casper. �THE COLO N'Y CO AL COMPANY DINES, WYOMING Nov. 6, 1033. Mr. T. S. Ta li ai'erro, Jr. , Attorney at Law, Ro c:k Springs, Wyoming . Dear Sir: The writer fully shares the vie ws e:x pressed by you in your circula r 1 etter of Nov. 3ra, relative to the actions of M. r. Muir and Mr. Lucas. It is a pity that you a v parent ly cti d not have the kno wled g e tha t the opera to r s pa ici Mr. llJ!.ui r t 3OO .00 thru the medium of the Southern V/yoming Coal Operator's Asooci ation c: nd at the instigation of Mr. Lucas, to attend the l a st legislative session to work magic in behalf of the operators. The writer a lone opposed the action and feels that pa rag raph four of your letter shoulo be supplemented in some manner with this .fact, the thought being that in the future the operators might reflect on the wisdom of subsidising whoever Mr. 1..ucas might desire to e mploy. Yours truly, ( sgd) WDB-W cc Mr. A. N. Fancher. copy W. D. Bryson �J'iEID & MORE Tor ring ton, Wyoming October 26, 1933 Mr. T. S. Taliaferro, Jr., Rock Sprin g s, Wyoming. Dear Judge: l retu r n herewith your Answer Brief in the Sam Xirakis compensatio n ma tter a nd I appreciate very much the c ourte s y which prompted you to send this to me. ln our c a se o f Wilson vs. Holl y Suga r Corporation o ri ef of t he various state 1 aws ap plying to · her ni a at len g th a no have €c, il!Ten you erect it in the brief for r1a ving, suppli ed the same. I have quoted your I have h ad an ex tra copy of the brief prepared which I a m e:,lad to enc l ose herewith with my compliments. I hope th&t there ma y be s ome material in it that will spa.re you some ·,n ark at a future time. It occurred to me that this case affords an opportunity to make qui t e a little bit of hernia law in the State ano th a t your Cleiilm might be interested in h aving you file a brief in the c&se as amicus curiae. With kindest personal regards and all good wishes, I am Yours very truly, lsgd) Erle H. Reid EHR:CL Enc. 2. Fina I have extra copy of transcript of evidence and enclose same . Reid. copy �Rock Springs - Mov. 8, 1933 ----- PERSONAL Mr. T. S. Taliaferro, Jr.: Referring to your personal letter to me under date of November 3rd: I called Hr. Lucas in yesterday, this being the fi r st opportunity I f ound him in town. I d iscu s ed the matt e r compla ine d of in your ietter, G.nci he s e eme d to t h i nk t h a t h e 8h o ula hanol e ll i s o wn law ousiness as he v-ished . .I told him it wa s not a q uestion of la.w busine s s, b ut a s f a r a s t he Comp ens a tio n Law was concerned, we had p.e,,reed to 0 0 a lo ne, all to b ether. L!l.r. l.ucas stated that the Colony Coal Co mp any wa s not go in 6 a long , b ut in his presence I phoned l'Jr . Br y son, ih o advised tha t all compen- sation cases for t h e ir co mp any n ere g oin g through your of'fic:e as agreed to by llr. Dines a na llr. McAuliffe. I do not kno vi 1,7bs. t act ion :Ur. l.ucas will take, but / I told him tha t he vrns pursuing a course which v10ulo. result only in trow.bl e for him and. for the other coal operators in this state. �PERd lllAL ~ THOMAS 6 1:!DOON TALIAFERRO~"R ~ ATTORNEY ANC COUNSEL.OR AT 1.-J!t,,.W ROCK SPRINGS,WYOMING Mr. George B. Pryde City November 3rd, 1933 Dear Sir: ~he writer notes, that without any notice to him, the Rock Springs Fuei Cqmpany, John Lucas, President and Manager, is having Mr. w. A. Muir appear in court in its compensation cases. • Personally, the writer would rather not have the bus~ness controlled by John Lucas, for the reason that Luca~ has that disposition which demands that c!- 11 hig_her intelligencen must conform itself to his theory, that the attorney _and counsellor must obey the client, even .in those ~atter of which the client has not the least knowledge, skill or understanding. Over a year ago, Mr. Lucas did the same thing, but ,.changed his mind. Mr .. Lucas, in tran~ferring the legal business of the Rock Springs Fuel Company, is, to my mind, committing a positive wrong against his associated coal operators. It mus~ qe remembered that Mr. Muir is making his campaign for the May:oral ty upon his interpretation of ~he fl industrial ethic_sn and the 11 industrial laws". This is well known by everyone who .coJnes in contact with the publiG. It was W. _A. Muir, who is largely the author of the theory that u every man who works in a mine _get~. a broken backu, a theory that is giving the coal operators much Goncern, and a theory that is be~g advanced by some of the medical profession. It was W. A. Muir, who ~rew and presented the outrageous and foolish amendment to the compensation ..law, for the last Legislatqre, so q_u trageous, and so foolish, that even .the recognize_d heads o~ the United Mine Workers of America repudiated it,. notwi_thstanding_ it was in the .hand.~~of. a State Senator from Sweetwater County, and was .b eing .. exb.ibi ted to the members of the Legislature as .the product of a 11master mind11 • I think, for the best interest of the coal operate~s,· -thi·s -letter shquld be treated as confidential. Still, I think the coal operators ought to know that the Rock Spri~gs Fuel Company is driving, at a most precarious time, a nwedge~ which is intended to split the unity of the coal operators. There is not a coal operator, but who has, at the present time, a Koprowski case 11 to face., an4. why, wi~.h the difficulty of 11 fractious doctorsn, Mr. Lucas woul.d want to bring into the body "fractious lawyers, is more than the writer can tell. 11 Yours truly, TST:ga �1933 April 20, l9S3 IJro John Lucas, Prosid€:!nt Bock Springs Fuel Company Rock Si;rings, \iyonine; In :re~ Enrique L1uniz A letter from Ilr,, Ga licich,11 dated Aµ ril 1 9 , stat0sJ) amonc other thiugs 0 the follot7ing ; nturthormors:, tho e:nploye:;: i s not only rtllling to pay t _h a a!uount of cc;nnpensation requested, but :Lr. very m_ ·D:ious to have the rno.tte:r aisposod of o 11 Bone tiue at your convenience I VJ:1.sh you rrotLd drop into rny office so that I may definitely urcle:,... stand '.-:rheth o,. or not 1-;; ts the r.d.sh of the Rock Sp rin15s Fuel Company ·to s·ci pul ate f'o1~ cor:1, nz0.tion ::1•nu?d s as tho same may bo r Eiquested 0 l"athGr t,11!.en in tho l!!nm10x· fi:zed b y law .. I do not overJ.ooL~ t hG i\::.c't -·~he.t om:' loc3·.!. surg:2ons have kno\7ledge., sltill, und undors·ca.ndin,:P and t but ti10 County ~m6. ?1 oso cuting Attorney 1s by la\7 the attoin0y for· the Fiorkt1ta,"'lp ..,.nd -th,d; th o 3 U1'880ns ar0 the paid e:::iploy aes of the r:-or1rncJ1~ If t l.cs m~ ::-·c,..J·1s ~,u .i 1~· c Prosecuting -Attorney have th0 business vision proport on att::ly a:J they lave l:no \:ledg<?., skill, and understandine in their pi~ofessions; they v:ould plninly see that th,ey o.re helped by mi xof• ~al 'to bo influ enced in tho lc~st by the pz-essure v1hichl> as the 1 11 e~ployeGs of tho □ iners, they nre subjected to. If I became pliable, they ,-;ould have no defe:..1s0 11 "°,n d they •r,ould become us helpless as the surgeons that used to examine the Civil ~Inr veterans fo:r pcmsions o I DD not dcceiYed as to nhy the suraeons are all combining and joininG in the r0!,iorts of injuries to the !:liners. P>:essure is forcing thiso I cannot believs tho.t the operators v.-oi1ld h~v6 me be subject to the· so.me pressure. Thoso doctors r.ru.1 t to be sure _thai they are all agr0edl. A most rc...TJJ nrko.bl0 thing if they do asreo. There is an old clLi.ssic, "When doctors ngree _the patient d~es. n But I ,7111 talk this :.Ja.tter over \ii th you 1.1hen you drop in • .. I an sending a copy of this letter to Vice President Pryde because there has been recently some dif'forence o:f opinion between the writer ond the cocpcmsa.tion depo.rtmant of the Union _Pacific. As far na I run concer!1ed., I t"oul<i eladly wi t;hdrm f'rora fiJY present situation, r.rhich 1s not only disagreeabl but is very injurious to my blhsiness and brings me in conflict. not only with aen of your standing, but also With the men who aro 'tiOrld.ng under you. Q Your$ t7uly, J.~ 9 ~ • 1_,_,r_~- J ~ ~?J l'ST:.B �TI1 r. Joseph ·u. .Galicich . April 20}.l i933 County Attorney Rock Springs, ~yoming Dear Sir: In re: In.ri<;.ue liilmiz., Rock Springs Fuel Company Th e Nayo Clinic has ce~tifi.ed to Judge V.. J. Tidball~ flAt th0 tL."1le of riro ~uniz9 exoEination here no injury vms detected above the ankl e joint, but atrophy from _disuse had take..n pl ace . no de fini t 0 lnjtU"Y other then that could bs made outo The co!lvales cen ce in the hospi tal was satisfactory and at t he time I saw h:lm on Ma rch 11, 1932,, I found t he v:ound healedo He i-as walking with the foot _squarely on the g round. o It was m~r o:--iinion thut a:n ~Jutatio~ ~1a.s uncal l ed fo~ as I f elt that t h e fo ot would be more usef.\11 to t"~f:1 tha..."l an artificial limboH • ¥Ji th such a statement; b efor e t he cou rt, I beli e~rn t hat I \7ould be guilty of fraud, .even to t he extm. . d of conspiracy to e::nbezale the compensati.on fund, :lf I should stipulate t b.at tho worlman ,..houl d be an-a. r d ed f"or the lo·ss· of a leg bclow the 1meeo Since you mention the Rock Spr·i11gs Fuel Cor1r,any in your letter~ I must make t he officers of that company u.na..;;:csta;.'ld that theJ have no right, and would bo legally i•eprehensiblo, if t h ey should atte:npt to usurp the. provl:nce of the courto In our st.ipulatlons i.7 e state t ~1t_; f ucts ~·r-.:icb. a1"'e undisputed... We cannot stipulate fo:c d.isp~ted facts. We can.no t stip1uate that an a.wax·d be -given for the loss of lt:;;; belon tho knee trhen l'.:iayo Brothers say that the injury is not even the loss of :i :fbot.. If t. e court decides that the workmant s injury i: e qui valen't to the loss o::J a leg below the knee, unless appealE::d to th.e Supreme Court» the judgi:1ent of the Dist:rict Court imparts absolute verityo But the RoGk Springs Ii\lel Company e.n.d tho ·writer arc• not pl'otected in any such :r;1ai1ner, The st:l.pulation, that we sign is only an in strument that the \:ri ter, himself., instituted to enable injured vrork:1llen to get their awards with di spa tel It has no stand.:Lng in la-r1., the statute provides for no such thing, azid 1 t vras never intend~d to be used exceot in clear cases vhere there was no disoute. maJ-~ say right here and now that I i,'ill never stipulate, @C:. I will q_ui t my office l:>efore I li'i.11 do it, for an injury the extent of which ·is· disputed. I i7ill not place· L'lY self., even for the cos.l op or-a tors., ·1n a 1xsi tion -that I -may I hereafter be accused of grafting. I tha.~k you vert-J much and from the bottom of my heart for the cons1de~ ation that you have personally extended. me in these matters, but in view of your lett.er and in view of the fact that you tell De that the Rocle Springs Fuel Compe.ny is coming to you and not to 1ne, and is s e eking to have the award stipulated "for the loss of a leg belor.r the knee 11 , I am forc·e d to malte defi:ni.te an certm.n my orm position. The court muy make the award as suggested by you, that is, for the loss of' a leg below the. knee, but I hope you can see that I cannot stipulate any such th:tnz. I cannot usur12 or a.!l'ticipate in attempted usurpation r1ha·t the court rn..11 award in a dispu"ed~se~ f7 v Yours t e , i f ~t.--~#~-~~ -..,s• '7 ( -· �t!r. S. 'l'.J.lia.f 0l'ro , Jr. : ~efor in;; to youx-s of 1.:-n rch 11th : o:l;tc..chit~ llor ·:d.th a copy of t h e Co lliery Guard:i.nn: in t~'l ich n1~e cited t-.::o co.sea in t;hich you riKi.y be in-to? sted , \;hich I ha ve m r ketl o n Page 139, vlth ro~QrJ to I cofilp1J11Gatio _ 0110.n co.:;0 0, pa rti cule.:rly t he l ast Oi.'le . u~:t..::l, r:1.0r o cloocly i n -Lho fut.ur0 for decioio118 of ca0es uhich con0 U:t_J u;7!:ler th e conpen sati on lc.-,7 , '::h:i.ch n r e p ut1.:i..shcd i z1 ?he Coll i e ry ,un:i.'iii !..!.'11, a 11 :i.f 3 30 anyi.. 11:i.a:• ':ki.o 1 I t h ink -~:i.11 l.lo of i :.te1·0st to you, := 2 cll p- s.J E on to yon f o yo1,1· conn :td oratio n . 0rluin11l Sl!!ned ~ . GEORGE B. PRVOt \ V l / �STAHOAJII) FORM 2103 •-10,00CI SUBJECT: UNION PAClflC COAL COMPANY ' Rock Springs, Wyom~ng . _ ~ I Attorney , i9.33 1..1 t ' l March 11, 1933 , I IN REPLY PLEASE REFER TO i NO. G.":":; I , Mr. George B. Pryde The Union Pacific Coal Company ·Rock Springs, Wyoming Dear Sir: You told me that you had observed an article somewhere in which some remark was made, I think it was in England, that a surgeon's duty was to state the extent and nature of the injury, and not to attempt to fix the amount of the award.- I wonder if I --coul-d , get hold of the article. ~ - • I am sending you a copy of the motion that I am filing vJi th the court in reference to the employee of the Rock Springs Fuel Company. I would be very much surprised if Mayo Brothers will ever consent to the proposition that the workman's foot ought to be cut off. If these surgeons do not stop their "monkey work 11 , I Will ·offer to pay out of my own pocket the expenses of the amputation of this man's foot, so as to make him a better man than he is now. Yours truly, ,-0 7 I V !r·•·--·/ '~ ,. ;/ I TST:H -} �lflli STATE O:t? W .YOllING~ SS Ill TfiE DISTRI<,;T COU;RT COUN:C·Y OF SWEETWATER) IN TBE IJATTER art THE PERSON.tJJ umuz; Bnployee HlJURY :i'O UHU ~UE of Rode Springs Fu.01 Company, Superior, ·wyoming. Comes now the employ0r and represents to the court that on or about the 12th day of February 1 1931)) the workman claims to have fracture, his left ankle, while actively e~ployed by the Ro~~ Springs 17uel CompanyJ in .extra-hazardous Employment. That the workman was tTeated for ~he inju: by Mayo Brother~, surgeons, of Rochester, Minnosota., Doctor M. _H. HBnder$1 Head of the Orthopedic Department, Hayo Brothers, Rochester, ~U;nnesota,. being the surgeon actively in che.rge. That the injury was only to the foot and did not 0xtend above the ankle jointso That t he foot was not amputated, but on tho contrary, v.;'1 th some lameness the workman is walking upon said foot. That certai11 surgeons, at the request of the County and Prosecuting AttorneyJI have signed a written statemont, of vrhich the follomng is a copy: DRS. L.AUZER & BA.i.1\JDERS Rock Springs, Wyoming March 1st, 1933 lir. Joseph n. Galicich Attorney at La\7 Rock Springs, Wyoming Dear Sir: In comp1~ance w.1.th your re~µest, Enr:1.(.Iue -Mum.;.,;:, ·-an - e!llp.loyee we have exam~ned of -the Rock Springs Fuel Company injured February- 12th, 1931. We fine upon examination that' he sustained at that time a compound commknutecl fracture of the left astr~galus as well as a compound fracture of the tip of both tne internal and external malleolQs. The result of the injury has been a total loss of the astrag~lus and a complote ankylosis of' the ank1e joint .. The foot tnat ret::iains 1 s inv.e rted and painful to pressure,.. Ile has boon advi.sed that a better result would be, as far as com.fort to h.ir.:iselr is concernad, an amputation above the ankl.e Joint.; and an art1.1'1.cial. .foot applied. �As a result of the accident., we feel tnat the compensation he is onti tlec1 to is the loss of the leg below the knee. Yours ver, truly, Ii., J. ARBOGAST, M.. D. 0LIVDI:1 CH.8HBERS, rn.D. It is sugge sted to the court that the state;nent of said surgeons invo.des the province of the court, and is an attempt on the part of said .. surgeons to anticipate the award herein. I Tb.e ~player moves. the court that the court make an order requesting rJuyo Brothors, r;ho treated t 1e \;·orkmw, nnd r1ho foreboi-e to amputate his foot, by au 01 d0: o:t-t.lla coar~, to ouk.e e. :::ta-tc...,.en t to the court as 1 to tl~ o nctu ,1 inj 1y, 1 OD!.)Gcinlly sotti :c:, f orth r::hether or- not any injury �STA/!OAAO IMt-10,000 FORM 2103 SUBJECT: THE UNION PACl'FIC COAL COMPANY Rock Springs, Wyoming Attorney IN REPLY PLEASE REFER TO ·March 9, 1933 NO, Mr. George B. Pryde The Union Pacific Coal Company Rock Springs, Wjuoming Dear Sir: Please note letter which I have written to John Lucas. all right, but he gets off on the wrong trail. Lucas is The surgeons are not agreed in this case, but I do not want to put some of them in a bad light ~~th the union. This is a thing that John Lucas never thought of. But what is more to the point, these doctors have gone beyond the surgeons' province and are attempting to fix the award, which can only be done by the court. The injury is to the foot; let them say what percentage the injury is as to the foot. It is immaterial whether it is 75%, 100%, or 125%, but I shall insist upon the court making an award in reference to the foot, and not in reference to a leg, or t wo legs, or permanent total disability. If we should surrender this principle, the surgeons would set precedents for the courts to pay an award stating that an injury to the foot bears relation to permanent total disability, and you can see where we would get. I do not pretend to say what award this workman should receive. I am going to investigate it, as I tell Lucas, in the letter, but the award is goirg to be based upon the injury, and not upon a member of the workman's body which was not injured. I have statements in my office that there was no injury to this workman above the ankle, hence whatever the injury ls, I am going to protest that it must be limited to the consideration of the injured foot, whether it be 75%, or 100%, or 125%. That is for the court to say. I wish you would try to explain this to Lucas, and tell him that he is doing a real harm when he, a layman, undertakes to discuss these questions with those who represent the workmen. If for no other reason, he is getting his wires crossed· with mine. Yours truly, .,,,/ 0 /2' ./'...• , TST:H ' . y ~ /'..1 l,...J <::-·- ~·-- - ., - . ..- ,·.:···,_ v �Uro John Lucas, President Rock Springs Fu el Comp any Ro ck Sp ring s, v:yorning I a r e ~a s e of En r i que Muniz Dear Sir: I have you r l et t er of Jarch 8t h: Of course the St a t e Tr easnr er mll see that the final judgment of the court is awarded to t he wor·lcr.aan . Ti;fe question is, wha t final ordez· should the court make? The camp surgeon s ci.o no t 1•ep resen t t he co al op e:cators, th0y are the employees of the coal mi ners, and i t i s qui t e e ss enti al t ha t the operators state : their position to the court, as wel l a s the employeGs of the coal miners. I have given th e i'1 uni z cs.s e e. goo d deal of t hou gh t, and 1av e spent_ much time in t h e lnvestigation ·o f t he i n jur y,. an i I t hink perhap stJhat 0J .... ~ i'n • • a better po si-cion to determine v.rha t a ct ion should b e t ak0n before,,fc'n.a.i:~ ~ti. are •. If th e Rocle S;i ring s· Fuel CoruP,any v;ere only i nt e re s ted in this ,m atter, I would gladly surrender t h e nhole nat t er i nto your han ds . But unfortunately the sound, r Gasonable, and legal administration of the whol e t heory, law, force, and effe ct of qompensa tion awards are involved., und one operator should not set up a rul e ,for hi msel f a t t h e exp 0-.i:1se and d:1.sorg a:..riiz ation of -the entire law. The , trouble a,bou t t his ca s e is t hat you 'do not lmo•1y t he situa tion. I ccJ,n tell that • from your· l e ttero If three doctors should be allo ved., on their own motion, to s ay that a ma..TJ. has l os t a f oot.il when h e i s still Vlal king on it, and give an ar1ard for t h e loss of a l eg J) then t hree doc t ors, upon t he loss of a leg, can decl a re t ha t t h e . . -:-o rlme. .n .:s totally, :p e rmanen tly disabledo I do not mean t o say that t h e workman shoul d not be avmrded e.n amount : e qual t o \1ha t the doctors say, but the sta t e_:Jent used by the doctors and their ' method are entirely Viron.g o All the doctors in v:yoming have no right to say that a man is to rec•e i ve an a ward for t h e loss of a leg, when he has lost neither foo~ nor leg, and that kind of loose ~ractioe, loos e t h eory, and 111eg~l app roach '7111 lead to □ any errors. . 1 l I t is my intention, as I have v.rri tten to Galicich, to take this matter . up with l'iayos, a t Rochester, l'Jin."lesota, and to find out from the surgeons ttho performed t h e op eration what they say of the si tua.tion -. Evidently you a re in communication 1-v.l.th the Count;y Attorney 3.lld dis••, ·_cussing \;j. th him the matters that you shoul d discuss m. th me. I think you must _see in t hi s that you a.re not only doi11g the Rock Springs Fuel Company a wrong., •but you ~r E: doing The Union Pacific Coal Company a wrong, and I aiII c1ui te sure • that the Southern Wyoming Coal Operators Association would so consider 1 t., if t~e facts we re known . . I ar..i s ending a copy of' this letter to ~! r. Pryd.e, and I am a sking hir.i to explain furth er w.r.i.y he thinks that these natters ought to be taken up by the coal op <1➔ rators ;"rl. th me, and not m. th th.s County Attorney, r;ho is by la the attorney for the coal miners. • _ _ 0 \ CC-Pryde I � 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 Workmans Compensation Rock Springs Fuel Company 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933 Subject The topic of the resource Workman's Compensation, Rock Springs Fuel Company, 1933 Description An account of the resource Letters discussing the workman's Compensation involving Rock Springs Fuel Company in 1933. The papers are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John Lucas, T.S. Aliaferro, George B. Pryde, T.S. Taliaferro. Jr. Identifier An unambiguous reference to the resource within a given context 1-0212 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/c2baf3b317d061bc6aa369b34e5c4c3f.pdf 8b1a251089fd0acc7aa0fbbf0854809c PDF Text Text Special file No. 184 J!orkmen • a Compensation Individual cases involv:i.ng - Mezeath Coal Company_ 1933 - �August 19 9 1938 I Rouoro.blo B. 1 • Ch ri str.!S.o EGm,.lo "C • 9 ., yor,rir1 l!B: 'l'H.C .';Om{1.2J\N h In tl-10 llitter of the CluiE of Reno Eo retti 11 iliployee of The Union Facific Coal Company 0 11 11 B lli.ne 9 Sup0rior 11 Gyorning 0 r:-:ade under the --:'o rkmen 9 s COic,Pe11sation Lan. !JOT b Rl.!MJE~TLY TuTuLLY DIS-'.3LED. PorL.- nent totul diGo.bility is definitely fi,wd by tho statute, to-ui.t: Section 124-120 (B). uPora:::ment tota l disabilit y" mcuns t ho lo~ ::, of both legs or oot l: c.rr:.s 11 iotol loso of eyesight, purnl • sis or- otho r co:1d itions per o,unently incapacitatin._: the 'u"Orkr::!m fro rJ perforcinr, uny c:ork ut any r;uiuful occup:.tiou." ( Underscoring supplied) 'l'hc '.:.iO?l.u:.:c.n's nur , con-Dr. R. H. :2e:.nders- t1ho vo.s ol£o the °'·;orlman'a oitne::io , G.!'1 i 1e only nit1:1om:i, except t l:c cla.i ~e:nt himself, t estif'ic;o. on his direct cxoo: nation tta t t ~e DCTk, n na o not "perc.snently tote..l ly disabled ". The r,ork:-i:an hi1us0lf' testified t _;::.t Le: J-:e.tl Gought el:;lployncnt since the o.ccidon'i, e.nd ubout a· conth or t -1ro 0 ueeks e.r:o, fro o the Union Pacific C~o.l Conp::my . Since the n orlur:an throu6 h his ovn surg eon, us his o,m oitnoso, cntl i'rozi hio oun lip:, disclains that h e is p err;:c.nently totally dicubl~ll this phnoo of tho cc se r.:c.y b e disfilisscd from furt .ilex- considera tioap e.nd 'JC n:ust vie·a t hi o r:.att er cs a pcrsoual injui'y, rceul t ing in "permanent partial dioubi - ity,." and that o.lone. !Joo i n 11 pern.unent partial disability", \7.bicb Dr. Sc.nders testified to Your Honor .:Jt.S in fact the pbysicc.l condition of the ,1or;,.~&n, tb~ question urises, io there any statute, or e.ny lo.u, "Judo;e c.ude", or ctheroise 9 u:.ich directs t he employer of extra hazardous labor to pay u uorlrn:en , .-bo ,J cH.J ·:. om blind in one eye, or uho uas born o-it b e;o ,._ e other deformity, or v},o in pursuit of hio 0\1?1 pleasure, . ith gun or rod, and rr.a.ims hi mself, to pay for auch d efonnty or ptysical lose? It seemo to the auttor of this letter that not only uould th e affirmative be illogical and unrca :;onable, but thet tl:e stutute le.\, and the court decisions ansoer tne query in the ne~ative. fJ'hat is "periwnent partial disability", as defined by the statute? �£QEr Section 124=106=7 (L~ Tho words "injurioo sustainsd in extra-hazardous employment" 11 na usGd in. this chupter, shc.ll include * -:t- ·:i- injuries to employo03, e s o. reoult of their eroplo:yernent and ·ahile ut vork in O? about the promises occu) ied, used or controlled by the cmployo&9'.:- ~,- -;; o Tbo n orlrni.an tocti fi ed t hat the los s of hie right urm above the elbou dia not oc cuX':) "as 0 r ooul t o f bis employment und r,bile at ,., ork in or about t he pr emi..,es occupied, uocd o r controlled b·, the employer," end therefore neither dirG:ctly o. indirectly ee n the loss of the ri ght erm be impugned to th0 er plc yer 11 nny _ore t hm-i it could be im ugned that in "perCJ£.nen"t parti al disa bility" that t h e employer is responsible to an employee 9 \, ho ·llas born bli!'.ld in one eye. r'ercanent parti a ldisability covers no s uch physicc l deficiency. Th0 ctatute says: Section 124-12~ (~) 11 .Ferrw.nent pa rtia l di:;.;nbi l ity" ::rirnno t h e l os s of citi.1 e r one foot 9 one leg , one b '.u'ld 9 0.-10 a r m, on e c:vc, or th e si s)1t of one eye, o, e or n:;or-o fin1- oi's 11 one or rr.ore toeo, o.nd disloco.tion w'.· cr-0 the ligpMents are severed, or nay other inj ur y kno'l:m to 01.A:'£ 0ry t o be perrr.cment partial disability . ·:Em Sche::dules for t h0 los nco of s evera l f ingers, pa lm, hand, ariiJ, foot~ und e:,+ e 9 or s ight t hereof O n. re t hen set forth v.nd then tho stetute conti21-uos: For c..ny "otl~o r inj ury'' kno un to our[;e.FJ to bo per:,:enoni partial dis= a bility ~ t ~e :o rirr:an sha ll rec ei vE: e. sue in t e o.rr.Ou!lt pro po:rt ional to t h e ext .:-.!'.lt o f rm.ch pcrmS'..nent p:;1. r t i e l d i ::0.bility b~o€d as near uo may be upen tbe forogoiug schedule .. " It oe 2Qo to t he uriter of' tbio lc.tter thc.t t 2:o things t-;.re quite appr3.:r= cn.t~ fro m the last quoted excerpt o.f the statute. To-nit: 0 Fi.rot: The ''injury" can mean no other injury than the injury recehed by the vork£ano In the language of the statute, to-uit: Sustuined in extra-hazardouo e@ploymeni 11 "uhile at 11ork in or about the premiseo occupicd 9 used or controlled by the enployer." Second: The "injury" so received cannot be conjoined in "permanent partial disa bility 12 , ..:;ith some physicul defect con[:; enitul in the -:;orkman or received by him uhen engaged in ''his 0\711 sports end plea.sures"o To construe the statute in e: n:;r such ,·an!lcr ,:ould be equivalent to mleint tl:ot every emplo:;cr of extr'"'•ta:,, a!'dous labor is un insurer of his cm-ployoes a r;oinst accidento, <7hich is contra ry to tbe very funda.:nentul theory of ell ~orkmen's Compensation Acts, rmd ~ould probably render every net both of State and Federal Co•1ern~ento unconstitutional end void us divesting �QQIT ..: ,I l- the employer of bis proporty vithout compensation. Jin ornployeir can con~titut io nully be rr.ad e to insure a n employee u-=-ainst a ccidents occurring in and upon the employers pr0rai ~eG 9 and in t he employers occupation, just e;,xa ctly O.G a hct0l keeper or a ctore keeper may b e comp0lled t o inSi.'. re the se.f et y c f a. [ Uest or v. cust o!:er 1:Jbile in the hotel or store, ,,ut neit her :::rr.~ loyer, or hot el ke -c,_per or store keeper cc.n be compelled t o ins . re those ·J aO ·•re not o..t tho iimc employees or guests or cutoc ers. Ho1; he claill:!lnt, nhile in the employment snd upon the prcrni ses of The L'tli o;;i F cific Cowl CO!:ip3Uy O Wl s " p e 1·.:mr1e11tly pnriia;lly: diso.bled " 7 rmd uotr..ing r;;ore . 'i.'} ero i s no ot her evi dence before th e Court\) end there io no othel'" evide ~e in the record o f this cc. s e\) a s · t ~l: en by t e reporter 9 thun tl': e.t of the clui :n2.nto surgeon, iJro R. H. Sanders , n ho both upon direct u.nd cross o;.:um. nation, st c-.t ed pooiti,rely, c e rt e inl y, ~nd ·.?ithout quc.li£icc.ticm., thv.t U,e ap plicent Y/Cl S not "per:-·£-r. cr.:t l :1 t ·llt lly disc. led" o This boin~ t. hc truth, the \,ho le trut h , e nd t1 thing but t he truth, the Court is ':':ithout ri ght to con sider t h- r i ._lht ar□ 9 YJ iich t he cldrn3nt testified he lost n hen not in th e e!!lplo y o ;~ ? he Uni on fo.cifi c Co:;;l Co!'.:pany, but ,:hem ~ na. s out hi.mting , cn:_: ng cd in t i s Oun s port s c.ncl plm.1. s ureso 0 Tl c u riter of tti o leti or i s n t unBindful o f t h~ i'uct that considero.blo ·.-;>uo ~a id to the Court on !\u p 10t 18 ut this hco.riue ~ by Er. G.t? licich und the s;-;rit m· about "por n:Sl!lcnt t otal d isc.bi . :.ity" . Some o f t h2 r etc.c. rks nros€:l b0ct.:.uo0 or ol> j ection s t:n c :<. cc. tions. r·ore r ef erence ,r s ,r.ad e t o "poxrr:;.::.ncnt .1- t :.:..l d i a::lbilit y ", nhc the filing of b riefs e nd t he citat ion of n utl::ori ~i oo i n support o f tl~ o briefs 9 :;o.s ' r.ing d iscussed. r.f-t c_ .furth er consi deTaticn of --:. ,... t est i r..1 ony and the stc.tutes~ the vrit0x> of.' t his lotter l:ae cor.1e t o the concluoion the.t it 7.'0 uld te "ultruYi I"e s'' for hlr,1 to discus s , ·ith tee Cour-t 9 a s e.t f irst he hnd thou cht t o do 9 t.!ly uection mwep1. tho.t ·,;bich -::;·~e c0,id ence -ohovis to be the issue 9 to-oit~ "Perr.:crn.ont pari:fol disability;: becauoo the evidence s t .. \,s ..:e ncl us.:. vely , 2nd 1.7i thout contridiction 9 t hat "peri.:-..c.ncut pur-'i:.iul disability" 5..s the onl:: is sue in the case. If there had been conflictins evidence or ev::.dence lees positive and dired sub mi tt ed b y t se clo.in;riint 11 l:i ms 0lf II o different situation rn:Lght arise in the mind of the s- ritero 0 The vrite:r subcits tl',et the only is , ue before the Court is im emard £or the injury ouf'fer e-<.i b y the s.:~plicant ,,l.i lc oagagcd in extra-hazardous uork for Tne Union Pacific Coal Co~po.oy, that the injury uas to the fingeYG and palm of the applicants left hand, is uncontradicted and undisputE:do The stetuta provides a schedulep the conclusion io for the court, and the ccurt aloneo B0i'ore submitting the n;utter 9 \?e feel that i -': ..rould be only foir to �i$.!1 .,1J ~-✓ ,,/ t he C~u:tD to cull e;t t ent i on "iio In Ro Ko proi:,ski 11 (r!y.o:') 46 Pe.c (2nd.) 85° ihilo t ,o nritcr bcms i i.'l Gubmissi on t o t he ruling of the Supreme Cou?t in th0 Kopirou01d cas8 ~ h e i s fu r .from being' convinced with the logic and ! ' thoj osgw:ic.m'i cf i c do ci oion . If l'oprov s,,,._~f lmd injuries as sug~ested • . ~ 11 b Y -~r_, _u.• oor t o hin okull 11 ? or to his 11 bruin " or to his "spine", v,hich uere o f n _o. rtiu l JPO!?'i'"•" 1iJ0nt nature 9 the e"i;ntut e·'' in exnress terms reauired the Court t b ... oe ' ucb i ju!'y O or ouch i ni ur.i"es 0 • 0 t,; / / f s €tu· s n;e.y b upon tho norogoing oched ule. not upon o.n ana.rd ( no scbGdulo ut all) fi xc.=:d t her ecftcr1> and dec ling ,;;i th an euth~el y di ffere,rt rr;attor o 'l'h ere is c e rtc ~.nly no lo gica l rea son u hy an inj ury to the "skull " ~ to t he "br ui n" or to t he " 02)i n0u , or to a ll of them9could ot c b sed upon t t at which the statute fi xes as t he "forcwoing ochc~ule 9 " vr.ct hoi' i t be 25'/, or 751-, or 1 25~ O i' 200~ 9 of t he high est fi gure i n the ochcdulo 0 s vel l as 25~ of an a r;;ount 0 aot ''h0r0tofore" but t h erea fter montioncd und er an o:atirel y diff erent pa:r-ag:raph . 1i0 n re not sugr_ osti ng to t hin Court by the obo erv,,tion to depart from a rulins k i d dom1 by the .:upre::uo. Court in the Kopronsld ca se. The ,1:dter n ill l'. l i,;ni n n r c;uo t hG propo sition 9 if e.r. opportuni iy ever ufforos its elf. ut !) what th0 i:1rit 0r insists upon i s t ha t t his Court give full f orce nml effect to the Supre□e Court. n s ru1:'..t1£ in t h e Kopro·,rnki ca.sell 1:1hi ch says: .,.t7e thi nl~ it d sducibl e fro□ th£ _'languo.ge of section 124-120, supra» tckou as a uhole 9 tlm t nhen £!. ,10 ·ltr: an su f ers on injury kno,,n to om'gory a s p0r rr.enent p:ar-tie. l di sabil ity ond ';, hich is not listed in the s chedule of ihe statut e, e.nd i t i s of s uch a character a s not t o be proporc.ionally r cf e:r.;;.tle to any i njuries s pecifically named t herein, the district court is aut horiz€d 9 upon substantial evidence 9 t o do a u 1.'10.s done i n t he ca s e a t ba r 9 ioe. ~ to allocr ~ proportional uc m.u1t of t he statut or y sun f or a tota l perwflne nt disability anard." Uor,1 in t he case c.t bar t h e fe.cte a re in ox.act juzta=position to tl:ose that the Court 9 by the above excerpt authoriz ed in the case then before it. Respectfully submitted . THE UNION PACIFIC CO.I\L COL~P_l\l1Y By (scd) T. S. Ta liaferro, Jr. Its attorney TST;vk �'l _1 ATiENT\ON MR. BAYLESS r3r. T. s. Taliafe:rro, Jr. : I tho.nk yo u vory U i. ch for youi' l otter of April 27th, i1~tl ic ating that Ju.tl[;O 'i:'idbnl l h"' o deaicd per r;inmnt di o::i.bili'i:,y t o Jllbort I<opronski. Buck injurio£J cro cooin~ to b0 a. 0odous queotion ,:,i·th all coal op 0rr:rto?o in thiG fiel d , 2.0 D:ro. LG.uzer and 3D.nciors havo r;one to extremes, I -think , ::.n di 05no si nJ th ose • 2c.: i n jurio;:; . I no.s vory cl ad i ndeed to · see tl:'.1t Jud~o 'i'idbull hM rulGc.1 o. ' v ors ol y in this case, oci it ulll have u sor:::o•.,'1~t oo.lutory of _oct. Ol"\itlnr.l SiP.oed.: GEORGE B. PRYDE V �tHOMAS 5EODON TALIAF'ERRO,JR . ATTORNEY AND Cc:;>UNSELOR AT LAW ROCK SPRINGS , WYOMING April 27th, 19330 Mr. Georg e H. Pryde City Dea? Sir: You will be inter est ed to know that Judge •ridball has denied permanent ciisability to . Albert Koprowski, employee of Meg e ~~~ ~_9al Company. Of course> ii" it should be demonstrated at any time in the future that Koprowski was actual ly permanently injured while working for the Megeath L:oa.l Company.s, the Megeath Coal Company itself will be first to ask the court for reconsideration. I think this de cision shows great care and judicial equipoise on t he part of Judge •r idball. You will recall that the amenclment made by the last Legislature iimits the unconscionable cost entailed upon the employer in the Koprov1ski case. 'rhe court .s> under the amendment J> now has control oi" the number of' witnesses that the Prosecuting .Attorney can subpoena at the cost of the employer. Yours truly, i · TS'f :ga �i I I \ - liook SpriDJs - Jc.nut~ 27, 1933 1re,f· -~ .. .. __,,.... could ________ .. octor 1 - ---· 1" • "-" \/ • � 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 Workmans Compensation Megeath Coal Company 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933 Subject The topic of the resource Workman's Compensation, 1933, Megeath Coal Company Description An account of the resource Letters documenting Workman's Compensation involving the Megeath Coal Company in 1933. Papers are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource T.S. Taliaferro Jr., George B. Pryde Identifier An unambiguous reference to the resource within a given context 1-0213 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/1bcc3fad520f32ddcc262e7408b4dbcf.pdf 10009bedc43be0aaa55f88d7bd627d28 PDF Text Text ·- · Spicial File No~ 184 V/orkmen' s Co'rnpens a ti6n I ndi v i dua l case s involving Col ony C::, a l Company 1937 - �STANDARD FORM 2103 •-•o.ooo SUBJECT: UNION PACIFIC COAL COMPANY Ro ck spring sy v~oming . OFFICE OF Attorn ey December 16 , 1937 IN REPLY PLEASE REFER TO NO. M_r . Geo r ge B• Pryde City Dea r Sir: R~: Doctor Goo dnough. Replying to your l et t er of Dec ember 1 5t h: I am gl ad to stc. t e th at Doct or Goo dnough h 2. s withdr avm his bill a s ag ainst t h e Compens ~tion Fund of th e Colony co ~l Comp any, and ha s f i led it ag ain st t h e emplo yee s of th e Colony r.oal Company. I do not kno w how t h e Colony Co al Comp ci ny min ers will keep t vi·o diffe rent fun ds, but a s I unde rst end it, t wo funci s are contemplated . Of course, Doctor Goo dnough 1 s bill shoul d not be paid out of t he Hospitel Fund to Vihich th e Colony coel Comp eny contributes a half cent a ton. Of course, it might be s 2id that this is the Colony Co al Company's business. However, I view it as the business of the Southern Wyoming Coal Operators .Association, of ,•.1hich the Colony Coal Company is a member, because of the fact of the agreement betv,een Di strict No. 2~ and the Southern 1FTyoming Coel Operators AssociGtion. My view is thBt no coal compEny,. belong- ing to that .Association, can abrogate any rule set forth in that agreement. •r ST: ga �Rock opl'ings - December 15, 1937 H:c . T. s . '£a li a.:f erro , .J1· . : I , ! ' 'V G yom:s o f Dec ·:n1ber 1 4 t h , ,:ith enclosures, ,.nd -chis i s one of t.ll e t hi n g s Vl G h clVG been ·crying to ge t av1ay fro m , ,.nd l \'Ji f.::11 you 1ou l d noti fy The Co lony Coal Company .... ~ . . , _ _ . ,. ,.,. .. not to honoJ. t lds bil l , as t he on e-h a lf cent pe r ton vihich the Co a l · Comp a ni.e s c.tl'e y aying i s d crni gned to cover both medic al and surgica.i1 c ure i n t h e hos) itals f or injured. employes , E:nd t h e statement I sent yo u 1;d1ich accom aniecl Br . Mc.Anliffe's report sho....-rnd very conclusively th a t t i1 e one-ha lf cent per ton is do in g thi s . The real cl. ei.11and upon th e Do c tors' time is not fro m t h e er1_.1l oy e s \'iho a re s ick or \'.h o s uffer f rom i nj uri es i ncurred in t 1e min e ~, hu t fro m th e employes' families . 1 .1. ai- n i n accord vv'i th yo u thoroughly in this matter, and, if i t h as to be p aid, I think The Colony Coal Compan y sl1.ould p a y it out of funds, and not a llov, i t to go as a chaz·ge a guinst. Comp ensation. I think they should pI·otest that mo s t vigo:rously. Certainly the F-0spi tal Commissions, including llr. Warr en, are very la;r: in their duties if they make such an agreement as attributed to them here. I thmik you for calling my attention to thia. Original Signed: GEORGE B, PRYDE �I :·; !" . .-·-:-. •-,;-:- ~ J P:17 I I I FORM 2103 THE UNION PACIFIC COAL COMPANY Rock Springs, Wyoming. I ' .. I • Df!'.' !::'M "f. '.!!~ I !: ·'tl"i" /1(' ~'1:: IN REPLY PLEASE REFER TO December 14, 1937 NO, Attorney Mr. George B. Pryde City Dear .Sir: Inclosed you will find a bill r endered by Doctor Goodnough against the 1J.7 orkmen' s Compens ation Fund on account of an operation to an employe e of the Colony Co al Company. You will also find copy of a letter written by Arthur-L e e ·r aliaferro to Mr. Warren of the Colony Co al Company. It seems to me th at this matter is of much wider significance than a question betwe en Doctor Goodnough and the Colony Coal Company, or Doctor Goodnough and the Hospit al Commission at Dines., but that the contra ct between Di.strict mo. 2?., United Mine vlJorkers of America and the Southern Wyoming Coal Opera.tors, is itse.lf involved, and therefore, as the attorney for the Southern vryoming Coal Operators Association, that I shoul d submit the m2tter to that Associ ation before I undertake to approve or disapprove the claim of Doctor Goodnough ag 2inst the Workmen's Compensation Fund in the hands of the State ·rreasurer, and placed there by the Colony Coal Company. I am particularly concerned because of the information that I gave you in my letter of November 30th, to which I refer you again. I want to call your attention to the fact that the Hospital Commission at Dines could hardly make an agreement with any physician that he shoul a attend only to nmedical" cases, but that all "injuriesn occurring to the v10rkmen should be paid from the ~orkmen, s Compensation Fund, because, to my mind, such an agreement would "abrogate" Section 62, paragraph (b), page l 4 of the Agreement between the United Mine Workers of America and the Southern ,~:yoming Coa.l Operators Association. It is needless for me to say that this claim of Doctor Goo.dnough, while I believe it is mad·e by the Do·ctor in good faith, is exactly the thing that Dan Pallie is working for, that is to say, that all me_d ical, surgical and hospital expenses for injured workmen are to be borne entirely by the industry. I would like to know what you desire in reference to this communication,. as it may tend to shape my course in reference to Doctor Goodnough's claim, and I do not want to set a precedent until the Southern Wyoming Coal Operators Association ha.s full knowledge of the situation . . Yours truly, .. o7 ' ./ , TST:ga ' . D f tJ _... ! iP; ; \ .,·_ ·-;. M ,0. CiEC 16 1{ ~J �Mr. W. B. W2 rr en Th e Colony coel co. City D~c ember 13th, 1937 De2r Sir: I received tod ay . from the Clerk of Court a f ee bill filed by Dr. Goodnough for $1 ? 5.00 for a herni s oper a tion on r. H. Peneouine. The employer•s report of a cci dent shows th c: t h e .w2 s injur ed 2 t nines on N0 vember 29 th, 1937. I went to see Dr. Goodnough about th e ma tt er todeY, 8nd h e st a t e s that about one y ear ago a committ ee call ed upon him, and mad e c- contra ct with him for the doing of surg ery for th e min -= rs r t Dines. ·Th e committe e pr e sum ably -\.r s t he Dines nHospit?-1 ('ommission'', rnd they wa nted to mck e the contr~ct becaus e Dr. McDill is not a surgeon. Dr. Goodnough recogni zed th a t the contra ct was not the usu cl contra ct obtc.:ining between hospit el commissions &nd doctors, and ther e fore inquired into the matter, end wa s tol d th e t _Dr. McDill W8 S not hired by the Dines Hospit F. l Commission, but th at h e was hired by T~e Colony Co al Company and paid by it; tha t any ch e ck off m2de at Dines wa s for their sickness e s and the sicknesses of th eir f amili es, c>nd hPd nothing to do with mine injury ca s ~s, and that Dr. Goodnough wa s to do non-accident surgery a t th e €xpense of the miners, but th 2t Pll ?- ccident ca s e s would be paid for through compensrtion. • Dr. Goodnough s2ys that he inquired especi£lly aqout the mP- tter, ~no th a t it was cleErly understood tha t the 30 cents p er man per month th.st Dr. Goodnough rec eives is to cover only non-2ccident_ cRses. I wish you would let me know wh2t• the sitm, tion is El t Dines. .Wo will, of course, h2ve to strci ighten the matter out. Yours very truly, A. L. Tc>liaferro A M.0. uEC 10 rn: .? �~ht±£ of ~~nming 'filreusurer's ®ffiu WORKMEN'S COMPENSATION DEPARTMENT <!Ilye~imn.e, ~~omin_g plaim No, _______________ _ Employe: _I. _H. _P eneouine ______________ ____ Address __ Dines L ~ryoming __ ___ ______ __ ______ ATTENDING PHYSICIAN'S REPORT AND FEE BILL Employer: _9_~!9~¥--~~.§3_3:_ __r:_~ 1EP_~~!_________ ___ _ Address __ Dines 1 _ Wyomi~ - - - - --- - ------ ---- Date of Injury .R.Ez~_E:.l!!!?_t:_~ _}-_~_}-_~97____________ _ All questions in this blank should be answered, and the report should contain an account of all injuries, no matter how trivial. Fill out blank in ink, using pen or typewriter. 1. Name of injured person __.{ ..!_..H_! __.e.?A~Cu_i!_l._~-- ----- - -- ----- - AddressJ2fP_E:~-'--~Y-~~~.n_g: ____ _ Age of injured __ p_l__ ______ ___ __ ____________ Date of first treatment by me_.R~S-<:.~ !?-~~-!J__ ].._~~7 2. Give an accurate description of the nature and extent of the injury_ Mr_._ P en e 0uine_w::,s ____ _ __ _:in_j_ured_ while_moving _a_ duck bill _with c:_ b c:: r on_ t h e _co n v eyor which_ce.used double In~uina l h e rni 9 , __ _ _ _ _ _ _ _ _ _ _ _ _ _ :,Q_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _____ ___ _______ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3. Describe the treatment_ ___ .A _B_~ ssini_ op e r 2 ti on_ ·w p s _g erform e d. ____________________ _ 4. Did another physician act as assistant, consultant, or anaesthetist? Name and address ____ _x_~_s__ _ ____ Dr._ Oliv e r_ Chcmb e rs, _ Pock _f p ring s,__Wyoming __ ___ _______________________________ _ 5. Was hospital, nursing or X-Ray services necessary and ordered by you? Ye S Give name and address of party rendering service Y~Y91Ilin..g__g.!=.O~X§J __.Ej9_so;Lt.c:L __________ _ 6. Was the case infected? ___~_?______ If so, when?.--- -------------- - ------------------------------ 7. Has injury resulted in a permanent disability? If so, what? ____ N.o. _____________________________ _ 8. Was the treatment covered by fee bill below rendered solely on account of injury described aboveL_Y e S 9. What period of disability was caused by injury? __ A_fj __t_q_f,_Q _____________________ days. 10. FEE BILL llilc._.._3_,~fil7 ITEMS AMOUNT _____________ / _____ Ba ssini _ operE.tion for_ double_ inguinc1l _h2rniP ______ J,f_p___QQ__ _ ::::::::::::::I:J _:::::::::::::::::::::::::::::::::: :::::::::::::::::::::::: -----------.------::::::::::::::::J :::::::::•::::::::::::::::::::::::::::::::: .::::::::::::::: ::::::::::: ::::::. , ____________ _/______ ___________________________________________________________ ----------- ------- ·------------~ ---r---------------------------- ------------------~ ----------- ---------· t ·----Total ___________________________ _ 1 I December 9~ 193' Date of this report: ___________________________ _ Graduate of ___________________________________ _ University of Nebr~s ~ : : ; T ; T E S ~ : ; ; i ~ : --------- ss. e. J. Goodnoughof the County of_______________________ 8~eet~rter r, ________________________________ _ and State of Wyoming, being duly swom, do depose and say that the above a and foregoing account is just and correct and has not been paid, nor any part thereof, by the State of Wyoming. __ J_. __ H.,._ __G_o.o.dna.u.g~ __lt • .D___________________ _ Year_.1.914: __________ _ (Sign Here) Subscribed and sworn to before me thls---~----day of__ J)_e~, ________ 19__~7 _JA~_:rg~;r._~_y__ A,___Ar.bQg_e..s..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 Workmans Compensation Colony Coal Company 1937 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1937 Subject The topic of the resource Workman's Compensation, and 1937 Description An account of the resource Papers documenting the workmans compensation involving the Colony Coal Company in 1937. Papers held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, T.S. Taliaferro. Jr., A.L. Taliaferro Identifier An unambiguous reference to the resource within a given context 1-0211 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.