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the 11 months of 1908-9 that this law was in operation 55.2 per cent of all injuries lasted less than 15 days on the Canal Zone, while in all the other branches of the service the number was 40.95 per cent of the total; in 1909-10, 61.4 per cent of the injuries on the Canal Zone terminated within 15 days, while in the other branches of the service 38.93 per cent so terminated; in 1910–11, 73.04 per cent of the employees on the Canal Zone recovered in less than 15 days, while in the other branches of the service the number amounted to but 39.35 per cent. On the other hand, the recoveries from disability lasting from 15 to 21 days on the Canal Zone during 1908–9 amounted to 12.64 per cent of the whole as against 13.35 per cent in other branches of service; in 1909–10, 8.24 per cent on the Canal Zone as against 14.46 per cent elsewhere; and in 1910–11, 6.96 per cent on the Canal Zone as against 15.48 per cent in the other branches of service. There may be a variety of reasons for these differences, but there is ground at least for a belief that the difficulty in enforcing a return to work under circumstances that would forfeit all compensation, when the prolongation of the disability, whether with or without serious extension of a proper time for recovery, allows the injured workman to secure full pay for all the time lost; is a factor.

AMOUNT OF COMPENSATION. Compensation proper falls into three classes—for death, for total disability, and for partial disability, while for disability of any class there may be also different provisions for temporary and permanent disability. Besides these compensation provisions, a number of the laws provide for medical, surgical, and hospital attendance, and in a number of cases for burial in case of fatal injuries as well. The determination of the scale of compensation is a subject earnestly discussed and on which considerable differences have arisen. The necessity for a workable law on the one hand, not excessively burdensome to the employer and not unduly tempting the prolongation of benefits, while on the other hand it affords actually reasonable benefits to the injured workman so as to prevent hardships of dependents and loss of income of the family wage earner, have led to a wide variety of attempts as a determination of the proper amounts to be awarded. In defending the proposition for a certain waiting time during which no benefits shall be paid, the argument is offered not only that trivial injuries will thus be left out of consideration, but also that it is proper that the workman should share in the burden of accident; so also in determining the scale of compensation, the premise is laid down that the employer should be responsible only for a fraction of the loss incurred, since the employee is also a factor in industry, and it is industry that is to be charged with the burden of accident, one important report stating that “the scale, so far as possible, should divide the wage loss sustained by the employees and their dependents equally between them and their employers." While it is both impossible and undersirable to compensate injuries by the continuance of the full rate of pay, it can not be overlooked that a large actual burden of pain, inconvenience, and expense, is inevitably borne by the injured workman and his family on which no money value can be set. Furthermore, the employer is in theory and usually in practice able to add the burden of his expense to the selling price of his product, so that the cost of compensation in so far as it is directly chargeable to the employer is capable of being passed on or at least distributed in a way that is entirely outside the possibilities with reference to the loss borne by the workman.

The benefits for death are in most cases based on the earnings of the injured person, usually approximating 3 or 4 years' wages, payable in installments, ranging from 50 per cent to 663 per cent of the weekly or monthly wages. In a few cases the amounts are fixed monthly payments, uniform for all classes of employees without reference to their previous income. Minimum and maximum amounts for weekly or monthly payments and for the total are frequently prescribed. The provisions as to children who are beneficiaries usually make the benefits payable in their behalf cease on their reaching the age of 16 years, though in a few cases the limit is 18 years, while in West Virginia benefits to children cease when they reach the legal age of employment, which in that State is 14 years. A few States have the provision also that benefits shall not cease at the ages named if the recipient is mentally or physically incapacitated for earning a living.

The remarriage of a widow is made to terminate benefits in a number of cases, though in a few instances a lump sum is payable on such remarriage, either a fixed amount or representing a fixed number of months of benefit payments. If the beneficiary is a widower no provision is made for a similar allowance in case of his remarriage.

A few States recognize the fact that a permanently disabled workman is a greater economic loss to his family than if he were killed outright at the time of the accident, and allow in case of permanent total disability a larger amount of compensation than in case of fatal accidents, some continuing payments for such disability for the full period of the injured workman's life. For the most part, however, the basis of the payments is the same as for death. Where the disability is but partial and continuing, a special difficulty arises in view of the fact that while the workman may be able to return to work of some sort within a few weeks, so that the compensation for total disability is but meager, he is handicapped for life by reason of some maiming or other injury that interferes with his ability as a workman. Under the Federal law there is no provision for other than total disability, so that a man who has lost an eye receives no compensation except for the time necessary for the healing of the wound caused by the injury and any necessary consequent operation. The same is true for minor maimings, and even for major injuries in many cases, so that it frequently happens under this law that the amount of compensation is entirely incommensurate with the damage suffered. Thus, there are numerous cases of the loss of a finger or fingers where the compensation ranged from $25 to $50; in 5 cases the loss of an eye was similarly compensated; and in a case of the loss of a right arm the injured workman received less than $50.

Under every State law, however, special provision is made for continuing partial disability, frequently by an award of a percentage of the wage loss occasioned by such disability, though in a number of cases there is a scale fixed by the law awarding weekly payments for fixed periods after specified injuries, the payments being based on the amount of wages earned at the time of the injury. The question is one that is earnestly discussed as to which is the fairer method of compensation, the advocates of the percentage basis contending that the wage loss may develop with passing years and that the subject of the amount of compensation should be open to revision in accordance with the changing conditions; while, on the other hand, it is claimed that there is an apparent fixed proportionate loss for which an equitable award can be made, and which should be made in every case at the time the injury is inflicted. This has the advantage at least of securing compensation to the workman who is injured on the basis of an actually proved injury without leaving the matter open to remote contingencies and the possibility of the disability arising at a time when there is no fund available from which it could be compensated or when by removal or other change of conditions it would be impossible to take any steps in the way of proof and the securing of the contemplated compensation. It may be noted that in the legislation of the year 1913 the system of providing a schedule of fixed rates for specified injuries seems to have been in favor, and furthermore, that in amendments to earlier laws such schedules were adopted in lieu of the percentage provision contained therein.

The schedules of periods of compensation adopted in the various States include generally the same items and it is possible to tabulate them so as to afford a comparison of the awards allowed by the different States for specified injuries. In most cases compensation is to continue for a fixed number of weeks, though in a few instances the term is measured by months. In order to make the latter cases comparable with the majority, the number of months indicated has been multiplied by 4} to reduce them to weeks, the nearest whole number of weeks being used. Several of the laws provide for the loss of one phalange of a finger or toe by allowing one-half the compensation that is fixed for the whole member, and the term of com

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pensation has been computed in these cases, which accounts for the appearance of a number of fractions in the tables which are not evident on the face of the schedules as enacted by law. It should be borne in mind that the periods named show the time during which compensation payments at the rates fixed in the various laws continue, and do not indicate full pay for that number of weeks.

The table follows: SCHEDULES OF COMPENSATION AWARDS FOR SPECIFIED INJURIES, VARIOUS LAWS.

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Loss of

Arm..
Hand...
Thumb..

One phalange.
Index finger .....

One phalange.. Middle finger .........

One phalange.. Ring finger ....

One phalange..
Little finger ...........

One phalange...
Leg.......
Foot.....
Great toe.

One phalange.
Other toe...

One phalange. Sight of one eye... Hearing, one ear.....

Hegring, both ears.... Total disa oility....

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Loss of

Arm....
Hand
Thumb..

One phalange
Index finger .....

One phalange Middle finger.....

One phalange... Ring finger ..........

One phalange...
Little finger........

One phalange.....
Leg.....
Foot.....
Great toe...

One phalange...
Other toe.....

One phalange. Sight of one eye.... Hearing, one ear......

Hearing, both ears.. Total disability ...........

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1 Payments under this schedule are exclusive or in lieu of all other payments.

Payments under this schedule are in addition to payments on account of temporary total disability. a Thereafter a pension during life.

* The periods named in this column are to be reduced by any time for which payments on account of temporary total disability have been made.

. Payments during life.

Naturally, with the years of cumulative experience under the European laws, many decisions have been made on the subject of awards for injuries, and on the basis of these awards some laws have been enacted codifying this experience, while in other instances scales have been drawn up for the guidance of administrative officers of the insurance associations. Experts in administration and students of the subject have also taken up the matter and have drawn up tables embodying the experience under these laws either as a matter of selection or by elaboration and a systematic development of proposed percentages of disability. The subject seems of sufficient interest to warrant the introduction at this place of some comparative data, though it is evident that strict comparisons can not be made on account of the varying forms and provisions of the laws. The periods during which compensation is paid and the rate of its payment are to be considered in determining the liberality of a schedule as well as the rating of degree of disability for a specified injury. The fact remains, however, that on the basis of an award for total disability the European schedules have fixed certain percentages of disability as corresponding to specified forms of injury, and the American laws have likewise fixed a limit for the period of payments for total disability and for the periods for which compensation will be paid for specified injuries. While, therefore, under the European systems payment is usually continuous during life and the insurance payments begin only after the expiration of a period during which benefits are derived from other funds in many instances, a general idea of the comparative standards can, nevertheless, be derived by considering the tables for the two countries.

Since the foreign scales present degrees of disability by percentages of an estimated total disability, while the State laws make awards for specified periods, in order to make the latter comparable with the former it becomes necessary to compute the percentages for the States, using the number of weeks' payments for total disability as the base, and determining the percentage for each specific compensation period, respectively. Inasmuch as certain American laws provide for payment during life, it would be impossible to compute percentages for the temporary awards made without the introduction of the actuarial basis of expectancy, and these are therefore omitted from this comparison. It must be borne in mind also that in some cases, indicated in the foregoing table, the specific awards provided for are declared to be in lieu of all other compensation for the injuries in question, while in others they are in addition to the amounts paid during the continuance of total disability on account of the injury received, and in still others the law is silent on this point. It is obvious, therefore, that strict comparisons between the American and European scales

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