Powers of commission.

favor of said dependent for said sum of three hundred fifty dollars, or as much thereof as may be necessary to meet the claim of such dependent, said sum to be applied to said death benefit and to relieve to that extent the employer or his insurance carrier against liability therefor.

SEC. 6. The industrial accident commission of the State of California is hereby vested with full jurisdiction and authority to hear and determine any and all questions and controversies arising under this act and to make and enter all orders and awards necessary to carry out the purposes herein set forth.

Approved May 5, 1919.

14

COLORADO.

ACTS OF 1915.

CHAPTER 180.-Industrial commission.

ated.

SECTION 5. There is hereby created a board which shall be known Commission cre as the "Industrial Commission of Colorado." Within thirty days after the passage of this act the governor, by and with the consent of the senate, shall appoint one member whose term of office shall expire March 1, 1917; a second member whose term of office shall expire March 1, 1919; and a third member whose term of office shall expire March 1, 1921. Upon the expiration of each appointment the governor shall appoint members of the commission, by and with the advice and consent of the senate, for terms of six years each. Vacancies shall be filled in the same manner for unexpired terms. Not more than two of the commissioners shall be members of the same political party. Not more than one of the appointees to such commission shall be a person who, on account of his previous vocation, employment, or affiliations, can be classed as a representative of employers, and not more than one of such appointees shall be a person who, on account of his previous vocation, employment, or affiliations, can be classed as a representative of employees.

Each member of the commission, before entering upon the duties of Oath. his office, shall take the oath prescribed by the constitution, and shall give good and sufficient bond running to the people of the State of Colo- Bond. rado, in the penal sum of ten thousand dollars, conditioned that he shall faithfully discharge the duties of his office and shall account for and pay over to the person entitled thereto such moneys as shall come into his possession; said bond shall be signed by a surety company duly authorized to do business in this State or by two or more individuals as surety or sureties and shall be subject to approval by the governor and shall then be filed with the secretary of state. If surety company bonds shall be furnished, the premium therefor shall be paid by the State as other expenses of the commission are paid. In case of a vacancy the remaining two members of the commission shall exercise all the powers and authority of the commission until such vacancy is filled. Each member of the commission shall receive an annual salary of not to ex- Salaries. ceed four thousand dollars and actual expenses necessarily incurred in the performance of his duties, which shall be in full for all services performed. The commissioners shall devote their entire time to the duties of their office.

A majority of said commissioners shall constitute a quorum to transact business and for the exercise of any of the powers or authority conferred by this act.

Approved April 12, 1915.

ACTS OF 1919.

CHAPTER 210.-Compensation of workmen for injury.

SECTION 1. This act shall be known and may be cited as "Work- Title. men's Compensation Act of Colorado."

pro

SEC. 2. The industrial commission of Colorado, created by the act of the general assembly of Colorado, shall enforce and administer the visions of this act. The said commission, in the administration of this act shall be governed by its provisions if there be conflict between the same and the provisions of the act creating said commission.

SEC. 3. The term "commission" when used in this act shall mean the industrial commission of Colorado.

Administration.

Definitions.

Number and gender.

Order.

Place of ployment.

em

Employment.

Employer.

Exemptions.

Employee.

SEC. 4. Unless the context otherwise requires, a word used in this act in the singular number shall also include the plural; and the masculine gender shall include feminine and neuter.

SEC. 5. The term "order" shall mean and include any decision, finding and award, classification, rate, rule, regulation, direction, requirement or standard of the commission, or any other determination arrived at or decision made by such commission.

SEC. 6. The term "place of employment" shall mean and include every place whether indoors or outdoors or underground, and the premises, work places, works and plants appertaining thereto or used in connection therewith, where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation directly or indirectly relating to any industry, trade, or business is carried on, or where any person is directly or indirectly employed by another for direct or indirect gain or profit, except as otherwise expressly provided in this act.

SEC. 7. The term "employment" shall mean and include any trade, occupation, job, or position, or process of manufacture, or any method of carrying on any such trade, occupation, job, or position, or process of manufacture in which any person may be engaged, except as other wise expressly provided in this act.

SEC. 8. The term "employer" shall mean and include:

(a) The State, and each county, city, town, irrigation, drainage and school district therein, and all public institutions and administrative boards thereof without regard to the number of persons in the service of any such public employer: And provided, That all such public employers shall be at all times subject to the compensation provisions of this act.

(b) Every person, association of persons, firm and private corpora tion (including any public service corporation), personal representative, assignee, trustee or receiver, who has four or more persons engaged in the same business or employment (except as otherwise expressly provided in this act), in service under any contract of hire, express or implied, and who, at or prior to the time of the accident to the employee for which compensation is claimed under this act, has elected to become subject to the provisions of this act, and who shall not, prior to such accident, have effected a withdrawal of such election in the manner provided in this act.

(c) This act is not intended to apply to employers of private domestic servants or farm and ranch labor, nor to employers who employ less than four employees in the same business, or in or about the same place of employment: Provided, That any such employer may elect to accept the provisions of this act in the manner herein provided. SEC. 9. The term "employee" shall mean and include:

(a) Every person in the service of the State, or of any county, city, town, irrigation, drainage, or school district therein, or any public institution or administrative board thereof, under any appointment or contract of hire, express or implied, except an elective official of the State, or any county, city, town, irrigation, drainage, or school district therein, or of any public institution or administrative board thereof; except all officers and enlisted men of the National Guard of the State of Colorado. Policemen and firemen shall be deemed employees, within the meaning of this paragraph: Provided, That any policeman or fireman, or if killed, any dependent, claiming compensation under this act shall have deducted from such compensation any sum which such policeman or fireman, or their dependent may receive from any pension or any benefit fund to which the municipality may contribute.

(b) Every person in the service of any other person, association of persons, firm, private corporation, including any public service cor poration, personal representative, assignee, trustee, or receiver, under any contract of hire, express or implied, including aliens and also including minors, whether lawfully or unlawfully employed (who for the purpose of this act shall be considered the same. and shall have the same power of contracting with respect to their employment, as adult employees), but not including any persons, who are expressly Casual workers, excluded from this act or whose employment is but casual and not in

the usual course of trade, business, profession or occupation of his employer.

SEC. 10. The provisions of this act shall not apply to common carriers engaged in interstate commerce nor to their employees. SEC. 11. Where an employer, who has accepted the provisions of this act and has complied therewith, shall loan the service of any of his employees who have accepted the provisions of this act, to any third person, he shall be liable for any compensation thereafter for any injuries or death of said employee as in this act provided, unless it shall appear from the evidence in said case that said loaning constitutes a new contract of hire, express or implied, between the employee whose services were loaned and the person to whom he was loaned.

Defenses abro

SEC. 12. In an action to recover damages for a personal injury sustained by an employee on and after the first day of August, 1915, while gated. engaged in the line of his duty as such, or for death resulting from personal injuries so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of the officer, agent, or servant of the employer, it shall not be a defense:

(a) That the employee, either expressly or impliedly, assumed the risk of the hazard complained of as due to the employer's negligence. (b) That the injury or death was caused, in whole or in part, by the want of ordinary care of a fellow servant.

(c) That the injury or death was caused, in whole or in part, by the want of ordinary care of the injured employee where such want of care was not willful.

sive.

SEC. 13. Any employer who has elected to and has complied with Remedy exclu the provisions of this act, including the provisions relating to insurance, shall not be subject to the provisions of section 12 of this act; nor shall such employer be subject to any other liability whatsoever for the death of or personal injury to any employee, except as in this act provided; and all courses of action, actions at law, suits in equity, and proceedings whatever, and all statutory and common law rights and remedies for and on account of such death or personal injury to any such employee are hereby abolished except as in this act provided. SEC. 14. If an employer has elected to and has complied with the provisions of this act, including the provisions thereof relating to insurance, and an action is brought against such employer to recover damages for personal injuries or death sustained by an employee who has elected not to come under this act, then such employer shall have all the defenses to such an action which he would have had if this act and that certain other act entitled, "An act concerning assumption of risk," being chapter 43, page 115, of the Session Laws of 1913, and an act entitled, "To give a right of action against an employer for injuries or death resulting to his agents, employees, or servants, etc.," same being chapter 113, page 294 of the Session Laws of 1911, and also an act entitled, "To relieve employees and workmen from assuming the risk of injury or death, etc.," same being chapter 72, page 197, Session Laws of 1915, had not been enacted.

Defenses valid, when.

SEC. 15. The right to the compensation provided for in this act, in Application of lien of any other liability whatsoever, to any and all persons whom- act. Bever, for any personal injury accidentally sustained or death resulting therefrom, on and after August 1, 1915, shall obtain in all cases where the following conditions occur:

(a) Where, at the time of the accident, both employer and employee are subject to the provisions of this act; and where the employer has complied with the provisions thereof regarding insurance.

(b) Where, at the time of the accident, the employee is performing service arising out of and in the course of his employment.

te) Where the injury or death is proximately caused by accident arising out of and in the course of his employment, and is not intentionally self-inflicted.

SEC. 16. On and after August 1, 1915, every employer of four or more employees, not including private domestic servants and farm and ranch laborers, engaged in a common employment, shall be conclusively presumed, when he becomes the employer of four or more persons, to have accepted the provisions of this act, unless prior to that

Election pre sumed.

Voluntary elec

tion.

Employees under act, when.

Suits barred.

Notice of nonelection.

Insurance.

date such employer shall have filed with the commission a notice in writing to the effect that he elects not to accept the provision of this act: Provided, however, That any employer commencing business sulisequent to August 1, 1915, or not having in his employ four or more employees on said date, may make his election not to become subject to the provisions of this act at any time prior to becoming an employer of four or more employees, in a common employment, exclusive of private domestic servants, and farm and ranch laborers, by giving written notice as above provided. If such written notice is not given prior to said employer becoming the employer of four or more employees, said employer shall be conclusively presumed to have accepted the provisions of this act, subject, however, to the right of withdrawal, as herein provided.

SEC. 17. Election on the part of any employer to be subject to this act, including the employer of private domestic servants, farm and ranch laborers or of three or less employes, may be made by filing with the commission a written statement to the effect that he accepts the provisions of this act, the filing of which statement shall operate to subject such employer to the provision of this act for the term of one (1) year from the date of filing such statement, and thereafter, without further act on his part, for successive terms of one year each, unless such employer shall, at least sixty days prior to the expiration of such first or any succeeding year, file in the office of said commission a notice in writing to the effect that he desires to withdraw his election to be subject to the provisions of this act.

SEC. 18. Any employee may become subject to the provisions of this act, and shall be deemed to have accepted, and shall be subject to the provisions thereof if at the time of the accident upon which liability is claimed

(a) His employer is subject to the provisions of this act and has complied with the requirements thereof, including insurance; and if, (b) Such employee shall not, at the time of entering into his contract of hire, expressed or implied with such employer, have given to his employer notice in writing that he elects not to be subject to the provisions of this act.

SEC. 19. Such election and compliance with the provisions of this act, including the provisions for insurance, shall be, and be construed to be, a surrender by the employer and the employee of their rights to any other method, form or amount of compensation or determination thereof, or to any cause of action, action at law, suit in equity or statutory or common law right or remedy or proceeding whatever for or on account of such personal injuries or death of such employee than as provided in this act, and shall be an acceptance of all of the provisions of this act, and shall bind the employee himself, and for compensation for his death, shall bind his personal representatives, his widow and next of kin, as well as the employer, and those conducting his business during bankruptcy or insolvency.

SEC. 20. Every employer, not electing to accept or rejecting the provisions of this act, shall cause printed notices thereof to be kept posted in and about his place of employment in a conspicuous manner and in sufficient places frequented by his employees, as to reasonably notify such employees that he is not subject to the provisions of this act, and shall likewise cause similar notice to be given of the filing of any change of such election on his part.

SEC. 21. Any employer electing to become subject to the provisions of this act shall secure compensation for his employees in one of the following ways, which shall be deemed to be compliance with the insurance requirements of this act:

(a) By insuring and keeping insured the payment of such compensation in the State compensation insurance fund; or,

(b) By insuring and keeping insured the payment of such compensation with any stock or mutual corporation authorized to transact the business of workmen's compensation insurance in this State. If insurance be so effected in such stock or mutual corporation, the employer or insurer shall forthwith file with the commission, in form prescribed by it, a notice specifying the name of the insured and the insurer, the business and place of business of the insured and the