« ForrigeFortsett »
to the person entitled to compensation, shall be subject to the conditions of the insurance contract between them, insurance gov- Sec. 2394-27. 1. Every contract for the insurance of the compenea
cmcd by act. ^jon herein provided for, or against liability therefor, shall be deemed ■ to be made subject to the provisions of sections 2394-3 to 2394-^31, inclusive, and provisions thereof inconsistent with section 2394-3 to 2394-31, inclusive, shall be void. No company shall enter into any such contract of insurance unless such company shall have been approved by the commissioner of insurance, as provided by law. For the purposes of sections 2394-3 to 2394-31, inclusive, each employee shall constitute a separate risk within the meaning of section 1898d of the statutes: Provided, That at least five employers shall join in the organization of a mutual company under subdivision (5) of section 1S97 and no such company organized by employers shall bo licensed or authorized to effect Buch insurance unless such company shall have in force or put in force simultaneously, insurance on at least one thousand five hundred separate risks, inspection of 2. The industrial commission, by itself or its employees, may exam
insuninco com- ;ne from time to time the books and records of any liability insurance
pan" company insuring liability or compensation for an employer in this
I tate. Any such company that shall refuse or fail to allow the industrial commission to examine its books and records or to file the report required by subsection 3 of section 2394-27, shall have its license to do business in the State revoked. Companies to 3 Every company transacting the business of compensation insur
repor' ance, in addition to all other reports required by law to be made, shall.
on or before the first day of March in each year, on blanks furnished for such purpose, make and file with the industrial commission an annual statement of its business and accident experience covering the year ending on the preceding thirty-firet day of December.Rates and clas- 4 Every insurance company, including any interinsurer or other
filed! onS ° insurer authorized to do business within this State and insuring the liability of employers for compensation as herein provided, shall file with the industrial commission its classifications of risks and rates of premium relating thereto, and any changes in or additions to such classifications or rates of premium. No such company shall issue in this State any policy insuring against such liability for compensation except upon the classifications and rates of premiums so filed with the industrial commission. No such company shall discriminate between insured having risks in the same class and degree of hazard by the granting of any rebate or deduction in such rate of premium, or by any change of classification for tho purpose of granting such deduction, or in any other manner. Any such company or agent violating any provision of this section shall be subject to the penalties provided by section 1955o. Upon the filing of any complaint with the commissioner of insurance alleging any violation of this section, proceedings shall be had thereon as provided for violations of section 1955o. Employers' ^ec. 2391-28. Any employer against whom liability may exist for
op »ns- compensation under sections 2394-3 to 2394-31, inclusive, may, with
the approval of tho industrial commission, be relieved therefrom by—
(1) Depositing the present value of the total unpaid compensation for which such liability exists, assuming interest at three per cent per annum, with such trust company of this State as Bhall be designated by the employee (or by his dependents, in case of his death, and such liability exists in their favor), or in default of such designation by him (or them) after ten days' notice in writing from the employer, with such trust company of this" State as shall be designated by the commission; or
(2) By the purchase of an annuity, within the limitations provided by law, in any insurance company granting annuities and licensed in this State, which may be designated by the employee, or his dependents, or the commission, as provided in subdivision (1) of section 2394-28.
flanks. et«-, to gEC. 2394-29. The commission shall cause to be printed and furbe furnished. nished free of charge to any employer or employee such blank forms as it shall deem requisite to facilitate or promote the efficient administration of sections 2394-3 to 2394-31, inclusive; it shall provide such proper record books or records as it sliall deem required for the proper and efficient administration of sections 2394-3 to 2394-31, inclusive; all such records to be kept in the office of the commission. The commission shall cause notice of employers subject to this act to be given to employees, in such manner as the commission shall deem most effective; and the commission shall likewise cause notice to be given of the filing of any withdrawal of such election; but notwithstanding the failure to give, or the insufficiency of, any such notice, knowledge of the fact shall conclusively be imputed to all employees.
Sec. 2394-31. The legislature intends the contingency in subdivision Seotiona sepa(3) of section 2394-1 to t>e a separable part thereof, and the subdivision rablelikewise separable from the rest of sections 2394-1 to 2394-31, inclusive, and that part of said section 2394-1 that follows subdivision (3) likewise separable from tho rest of sections 2394-1 to 2394-31, inclusive; so that any part of said subdivision, or the whole; or that part which follows said subdivision (3), may fail without affecting any other part of sections 2394-1 to 2394-31, inclusive.
Sec. 2. This act shall take effect and be in force from and after June Aot "» effect. 30, 1913.
Approved June 26, 1913.
ACTS OF 1913.
Chapter 79.—Amendment to constitution—Compensation of workmen
Section 1. The following constitutional amendment shall be sub- Amendment to mitted to the qualified voters of the State of Wyoming at the next gen- 0 submittederal election for their approval or rejection, and when ratified by a majority of the electors voting at said election the same shall be valid as a part of the constitution:
"As to all extra hazardous employments, the legislature shall provide Stat* insurance by law for the accumulation and maintenance of a fund or funds out of,undwhich shall be paid compensation as may be fixed by law according to proper classifications to each person injured in such employment or to the dependent families of such as die as the result of such injuries, except in case of injuries due solely to the culpable negligence of the injured employee. Such fund or funds shall be accumulated, paid into the State treasury and maintained in such manner as may be provided by law. The right of each employee to compensation from such fund shall be in lieu of and shall take the place of any and all rights of action against any employer contributing as required by law to such fund in favor of any person or persons by reason of any such injuries or death."
Approved February 26, 1913.
ACTS OF 1907-8.
Chapter 236.'—Compensation for injuries to certain emplcn/ees of the
Section 1. When, on or after August first, nineteen hundred and Who to receive eight, any person employed by the United States as an artisan or la- compensation, borer in any of its manufacturing establishments, arsenals, or navy yards, or in the construction of river and harbor or fortification work or in hazardous employment on construction work in the reclamation of arid lands or the management and control of the same, or in hazardous employment under the Isthmian Canal Commission, is injured in the course of such employment, such employee shall be entitled to receive for one year thereafter, unless such employee, in the opinion of the Secretary of Commerce and Labor, be sooner able to resume work, the same pay as if he continued to be employed, such payment to be made under
A mount. such regulations as the Secretary of Commerce and Labor may prescribe:
Proviso. Provided, That no compensation shall be paid under this act where the injury is due to the negligence or misconduct of the employee injured, nor unless said injury shall continue for more than fifteen days. All questions of negligence or misconduct shall be determined by the Secretary of Commerce and Labor.
Injuries causing Sec. 2. If any artisan or laborer so employed shall die during the said death. year by reason of such injury received in the course of such employ
ment, leaving a widow, or a child or children under sixteen years of age, or a dependent parent, such widow and child or children and dependent parent shall be entitled to receive, in such portions and under such regulations as the Secretary of Commerce and Labor may prescribe, the same amount, for the remainder of the said year, that said artisan or laborer would be entitled to receive as pay if such employee were alive and continued to be employed: Provided, That if the widow shall die at any time during the said year her portion of said amount shall be added to the amount to be paid to the remaining beneficiaries under the provisions of this section, if there be any.
Reports of ac- Sec 3. Whenever an accident occurs to any employee embraced oidents. within the terms of the first section of this act, and which results in
death or a probable incapacity for work, it shall be the duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the accident and injury and the probable duration of the injury resulting therefrom; second, whether the accident arose out of orin the course of the injured person's employment; third, whether the accident was due to negligence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor mav prescribe. The nead of each department or independent office shall nave power, however, to charge a special official with the duty of making such reports.
fliS"1"18 to ^EC- *■ *n tne 088(3 °* ^ accident which shall result in death, the persons entitled to compensation under this act or their legal representatives shall, within ninety daysafter such death, file with the Secretary of Commerce and Labor an affidavit setting forth their relationship to the deceased and the ground of their claim for compensation under the provisions of this act. This shall be accompanied by the certificate of the attending physician setting forth the fact and cause of death, or the nonproduction of the certificate shall be satisfactorily accounted for. In the case of incapacity for work lasting more than fifteen days, the injured party desiring to take the benefit of this act shall, within a reasonable period after the expiration of such time, file with his official superior, to bo forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the grounds of his claim for compensation, to be aceompaniad by a certificate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduction of the certificate shall bo satisfactorily accounted for. If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced by tho claimant or his or her legal representatives, or from such additional investigation as tho Secretary of Commerce and Labor may direct, that a claim for compensation is established under this act, the compensation to be paid shall be determined as provided under this act and approved for payment by the Secretary of Commerce and Labor.
Urn's al eXiiml" Sec. 5. The employee shall, whenever and as often as required by "'' the Secretary of Commerce and Labor, at least once in six months, sub
mit to medical examination, to be provided and paid for under the direction of the secretary, and if such employee refuses to submit to or obstruct such examination his or her right to compensation shall be lost for the period covered by the continuance of such refusal or obstruction. Payments. gEa 6. Payments under tliis act are only to be made to the beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors.
Sec. 7. The United States shall not exempt itself from liability under Waivers, this act by any contract, agreement, rule, or regulation, and any such contract, agreement, rule, or regulations shall be pro tanto void.
Sec. 8. All acts or parts of acts in conflict herewith or providing, a Repeater, different scale of compensation or otherwise regulating its payment are hereby repealed.
Approved May 30, 1908.
ACTS OF 1908-9.
Chapter 179.—Compensation for injuries to employees of the Isthmian
Section 1. Nothing contained in the act approved May thirtieth, Commission nineteen hundred and eight, entitled "An act granting to certain Sj'abMucc. employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment, shall prevent the Isthmian Canal Commission, under rules to be fixed by the commission, from granting to its injured employees, whether engaged in a hazardous employment or otherwise, leave of absence with pay for time necessarily lost as a result of injuries received in the courso of employment, not exceeding in the aggregate thirty days per annum: Provided, however, That compensation paid to such injured employees under such regulations shall be deducted from any compensation which such employees may be entitled to receive under the terms of the act.
Approved February 24, 1909.
ACTS OF 1910-11.
Chapter 285.—Compensation for injured employees ofthe Isthmian Canal
Section 5. Hereafter the act granting to certain employees of the Scope of law. United States the right to receive from it compensation for injuries sus- Compensation, tamed in the course of their employment shall apply to all employees under the Isthmian Canal Commission, when injured in the course of their employment; and claims for compensation on account of injury or death resulting from an accident occurring hereafter shall be settled by the chairman of the Isthmian Canal Commission, who shall, as to such Administration, claims and under such regulations as he may prescribe, perform all the duties now devolving upon the Secretary of Commerce and Labor: Provided, That when an injury results in death, claim for compensation on Filing claim, account thereof shall be filed within one year after such death.
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Approved March 4, 1911.
ACTS OF 1911-12.
Chapter 57.—Compensation for injuries of employees of the United
Section 1. The provisions of the act approved May thirtieth, A?'.of 1908 nineteen hundred and eight, entitled '"An act granting to certain teudcdemployees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," shall, in addition to the classes of persons therein designated, bo held to apply to any artisan, laborer, or other employee engaged in any hazardous work under the Bureau of Mines or the Forestry Service of the United States: Provided, That this act shall not be held to embrace any case arising prior to its passage.
Approved March 11, 1912.
Chapter 255.—Compensation for injuria of employees of the United
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Art of i»os ex- Hereafter the benefits of the act of May thirtieth, nineteen hundred and eight (Thirty-fifth Statutes, page five hundred and fifty-six), entitled "An act granting to certain employees of the United States theright to receive from it compensation for injuries sustained in the course of their employment," shall be extended to persons employed by the
United States in any hazardous employment in the Lighthouse Service. • • *
Approved July 27, 1912.
ACTS OF U. S. CONGRESS, 1911-12.
Chapter 390.—Compensation for injuries of employees on the Isthmian
System to be The President shall provide a method for the determination and provided. adjustment of all claims arising out of personal injuries to employees
thereafter occurring while directly engaged in actual work in connection with the construction, maintenance, operation, or sanitation of the canal or of the Panama Railroad^ or of any auxiliary canals, locks, or other works necessary and convenient for the construction, maintenance, operation, or sanitation of the canal, whether such injuries result in death or not, and prescribe a schedule of compensation therefor, and may revise and modify such met hod and schedule at any time; and such claims, to the extent they shall be allowed on such adjustment, if allowed at all, shall be paid out of the moneys hereafter appropriated for that purpose or out of the funds of the Panama Railroad Company, if said company was responsible for said injury, as the case may require. Acts super- And after such method and schedule shall be provided by the President, 80(1 the provisions of the act entitled " An act granting to certain employees
of the United States the right to receive from it compensation for in-
[In accordance with the foregoing act the following order was issued:]
By virtue of the authority vested in me bv section 5 of the Panama Canal Act, approved August 24, 1912, directing the President to "provide a method for the determination and adjustment of all claims arising out of personal injuries to employees thereafter occurring while directly engaged in actual work in connection with the construction, maintenance, operation or sanitation of the canal, or of the Panama Railroad, or of any auxiliary canals, locks or other works necessary and convenient for the construction, maintenance, operation or sanitation of the canal, whether such injuries result in death or not, and prescribe a schedule of compensation therefor," I hereby establish the following order for the Canal Zone: Who to receive Section 1. The United States or the Panama Railroad Company shall compensation. |)ay (.onjj^ngation as hereinafter specified for personal injuries to their respective employees occurring after March 1st, 1913, while such employees are directly engaged in actual work in connection with the