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PENNSYLVANIA.

Date of enactment.-June 2, 1915; in effect January 1, 1916; amended. acts No. 57, 359, 395, acts of 1917; acts No. 277, 306, 310. 441, 455, acts of 1919.

Injuries compensated.-Personal injury by accident in the course of employment, causing disability for more than 10 days or death in 300 weeks, not intentionally self-inflicted or due to the intentional act of a third person for reasons not connected with the employment.

Industries covered.-All, unless employer makes election to the contrary. A supplemental act (No. 359, acts of 1917) requires all contracts with the State or any municipality to contain a provision that the contractor shall accept the provisions of the compensation law. (Agricultural and domestic employees are excluded by a separate act.)

Persons compensated.-Private employment: All persons rendering service to another for a valuable consideration, casual employees whose work is not in the regular course of the employer's business, and outwork ers excepted. Public employment: All employees.

Burden of payment.-All on employer.

Compensation for death:

(a) $100 funeral expenses.

(b) 40 per cent of weekly wages to widow or dependent widower, 10 per cent additional for each child, total not to exceed 60 per cent; if no parent, 30 per cent if one or two children, 10 per cent additional for each child in excess of two, total not to exceed 60 per cent; if no consort or child under 16, but dependent parent, brothers, or sisters, 15 to 25 per cent of wages. (c) Payments cease on death, remarriage of widow or widower, cessation of dependence of widower, or when a child, brother, or sister attains the age of 16; not to continue beyond 300 weeks, unless for children under 16, when 15 per cent of wages will be paid for one and 10 per cent additional for each additional child, total not to exceed 50 per cent. Basic wages are not less than $10 nor more than $20 weekly.

Upon remarriage a widow is to receive the then value of the compensation for one-third of the unpaid period.

Compensation for disability:

(a) Reasonable medical and surgical expenses for first 30 days after disability begins, cost not to exceed $100; in addition, hospital treatment for 30 days at prevailing costs.

(b) For total disability, 60 per cent of weekly wages for 500 weeks, $6 minimum, $12 maximum, total not to exceed $5,000, if wages less than $6 full wages will be paid.

(c) For partial disability, 60 per cent of weekly wage loss, $12 maximum, for not over 300 weeks; fixed periods for specified injuries, in lieu of other payments, $6 minimum, $12 maximum, full wages if less than $6. Payments may be commuted to a lump sum.

Revision of benefits.-Agreements and awards may be reviewed by the board at any time for proper cause.

Insurance.-Employers must insure in the State fund, a stock or mutual company, or give proof of financial ability.

Security of payments.-Agreements or claims may be filed with a prothonotary, who enters them as a judgment, and if approved by the board they become a lien on the property of the employer. A separate act provides for direct payments from insurance companies to the beneficiaries, in case of the employer's failure to make payments of benefits.

Settlement of disputes. -Disputes are settled by a workmen's compensation board, with appeal to courts.

PORTO RICO.

Date of enactment.-April 13, 1916; in effect July 1, 1916; amended. act No. 9, acts of 1917. New act, February 25, 1918; in effect July 1, 1918.

Injuries compensated. All personal injuries by accident occurring to a laborer in the course of his employment and due thereto, causing death within one year or disability, excepting injuries due to an attempt to commit crime or to injure himself, his employer, or another person; intoxication, or gross negligence, or the criminal act of a third person.

Industries covered.-All industries employing three or more persons except domestic service and agricultural work without mechanically driven machinery.

Persons compensated.-Private employment: All employees of employers covered by the act, clerical employees in offices and commercial establishments where machinery is not used excepted; also excepting employees whose earnings exceed $1,500 per year. Public employment: Included.

Burden of payment.-All on employer.

Compensation for death.—A compensation of three to four thousand dollars as a maximum to persons wholly dependent, the amount to be graded according to the earning capacity of the deceased, and the number of beneficiaries. Benefits may be apportioned among the dependent legal heirs by the will of the decedent if not in conflict with this act or the code.

Compensation for disability:

(a) Medical attendance, medicines, also hospital services when necessary, and sustenance, as the workman's relief commission may prescribe; but the allowance for medicine and food supplies shall be deducted from the compensation granted, and none allowed after the award.

(b) For temporary disability an amount equal to one-half the weekly wages, not less than $3 nor more than $7, for not more than 104 weeks.

(c) For permanent total disability not less than $2,000 nor more than $4,000, in proportion to the rate of wages earned at the time of injury.

(d) For permanent partial disability not more than $2,500, in proportion to the rate of wages earned at the time of injury. The time and manner of payments are to be determined by the workman's relief commission.

Revision of benefits.-No provision.

Insurance.-All payments are made from the workman's relief trust fund established by the act, to which all employers covered by the act contribute.

Security of payment.-Fund is administered by the treasurer of the island. Rights and actions not assignable nor subject to attachment.

Settlement of disputes.-Clarms are passed upon by the workman's relief commission, with limited appeal to the courts.

RHODE ISLAND.

Date of enactment.-April 29, 1912; in effect October 1, 1912; amended, chapter 937, acts of 1913; chapter 1268, acts of 1915; chapter 1531, acts of 1917; chapter 1795, acts of 1919.

Injuries compensated.-Personal injuries by accidents arising out of and in the course of employment causing incapacity for earning full wages for a period of more than two weeks, or death, except where the injury resulted from the willful intention of the injured person to injure himself or another, or from intoxication.

Industries covered.-All industries except domestic service and agriculture, if the employer elects. Defenses in suits for damages are not abrogated unless more than five persons are employed.

Persons compensated.-Private employment: All employees in establishments covered by this act in absence of contrary election, employees whose work is of a casual nature and who are employed otherwise than for the purpose of the employer's business, and those earning above $1,800 a year excepted. Public employment: Employees of the State, and such classes of employees of cities and towns electing to accept the act as are designated in the act of acceptance, but not including members of regularly organized fire and police departments.

Burden of payment.-Entire cost rests upon the employer.
Compensation for death:

(a) To persons wholly dependent, a weekly payment equal to one-half the average weekly earnings of the deceased employee, but not less than $4 nor more than $10 per week, for a period of 300 weeks.

(b) If only partial dependents survive, a sum proportionate to the amount which the annual contributions bore to the annual earnings of the deceased, for not exceeding 300 weeks.

(c) If no dependents, the expense of the last sickness and burial of the deceased employee, not exceeding $200.

Payments to children cease on their reaching the age of 18 years unless they are physically or mentally incapacitated.

Compensation for disability:

(a) The necessary medical and hospital services for the first four weeks after the injury.

(b) For total incapacity, a weekly payment equal to one-half the wages, but not less than $7 nor more than $14 per week, during such incapacity, but not for a longer period than 500 weeks, nor more than $5,000.

(c) For partial incapacity, a weekly payment equal to one-half the loss of earning power, but not exceeding $10 per week, during such incapacity, and not for a longer period than 300 weeks.

(d) For certain specified injuries (mutilations, etc.), in addition to the above, one-half the wages, weekly payments to be not less than $4 nor more than $10 per week, for fixed periods.

Payments begin on the fifteenth day, but if the incapacity extends beyond four weeks, they revert to the date of the injury.

Lump-sum payments may be substituted by order of the superior court after compensation has been paid for six months for either death or injury.

Revision of benefits.-Amounts payable may be reviewed and modified by the superior court at any time within two years, if the time for payments has not expired. Insurance.-Employers must insure, give proof of financial ability to make direct payments, or furnish security or bond. If employees contribute to any approved scheme or insurance plan, proportionate added benefits must be provided.

Security of payments.-Insurers are directly liable to claimants; beneficiaries have

a first lien on any sum due from insurers to the employer on any policy. Settlement of disputes.-Disputes are settled by the superior court on a petition in the nature of a petition in equity, filed by any party in interest. Appeals may be carried to the supreme court by any aggrieved person.

SOUTH DAKOTA.

Date of enactment.-March 10, 1917; in effect June 1, 1917; amended, chapters 363, 314, acts of 1919.

Injuries compensated.-Injuries by accident arising out of and in course of employment, causing disability for more than 10 days or death, not due to intoxication or willful misconduct.

Industries covered.—All except agriculture and domestic service, in the absence of contrary election. Exempt occupations may come in by voluntary election.

Persons compensated.-Private employment: All persons in service under a contract of hire or apprenticeship, except those whose employment is both casual and not in the usual course of the business or trade of the employer. Public employees: Employees of the State and its municipalities are included.

Burden of payment.-All on the employer, except that one-half of the fees of arbitrators may be charged to the compensation allowed in any case. Compensation in case of death:

(a) To a dependent widow, child, or children, a sum equal to four times the average annual earnings of the deceased person, not less than $1,650 nor more than $3,000; if none of these, similar amounts may be paid to a dependent parent, grandparent, brother, or sister. If there are none of the foregoing, collateral dependent heirs may receive such a percentage of the same amount as the deceased workman's contributions to their support during the preceding two years are of his earnings during such period. (b) If there are no dependents, the employer shall pay burial expenses in an amount not exceeding $150.

Fayments are to be made in installments equal to one-half the wages, as the wages were paid, or weekly, if that is not feasible. Fayments cease on the death of a beneficiary or the remarriage of a widow; but if there are dependent children, amounts otherwise due her go to the children.

Compensation for disability:

(a) Necessary medical, surgical, and hospital services for not more than 12 weeks nor in an amount above $150.

(b) For total disability, 55 per cent of the weekly earnings, not more than $12 nor less than $6.50, unless earnings are less, then full wages, until four years' earnings are paid, not to exceed $3,000.

(c) For partial disability, 55 per cent of the wage loss, not over $12 weekly, for not longer than six years; for specified injuries payments are to be made for fixed periods, in addition to the amount paid during any period of total disability.

(d) For serious and permanent disfigurement of the hand, head, or foot not giving rise to other awards, an agreed or arbitrated award of not more than one year's earnings.

No payment is made for disability of not more than 10 days' duration, but if it continues for 6 weeks or more, compensation is payable from the date of the injury. Commutation to lump sums may be arranged for on a proper showing. Revision of benefits.-Awards may be reviewed by the industrial commissioner at the request of either party, and modified according to the findings.

Insurance.-Insurance in an approved company or association is required, unless satisfactory proof of financial ability to make payments is furnished, or sufficient security is deposited with the State insurance department to guarantee payments. Security of payments.-Insurance policies are to be valid regardless of the employer's solvency, and must provide that the workman shall have a first lien upon any amount becoming due him thereunder. Claims are unassignable, and payments are exempt from execution.

Settlement of disputes.-Arbitrators are to be chosen, one by each party, the industrial commissioner acting as chairman. If review is claimed, the commissioner may revise the decision or refer it back to the arbitration board. Appeal lies to the courts only on questions of law.

TENNESSEE.

Date of enactment.-April 15, 1919: effective July 1, 1919.

Injuries compensated. Injury by accident arising out of and in course of the employment, causing disability for more than 14 days, or death, not due to employee's intoxication, willful, misconduct, or intentional self-inflicted injury, or refusal to use a safety appliance or perform a duty required by law.

Industries covered.-All employing 10 or more persons, except common carriers while engaged in interstate commerce, domestic and agricultural service, and coal mining. Those employing less than 10 persons, coal mines, and public employers may elect to come under the act.

Persons compensated.-Private employment: All employed in the industries covered except employees whose work is casual and not in the usual course of the employer's business. Public employment: Employees are not covered unless the employer elects to come under the act.

Burden of payment.-Entire cost rests upon the employer.

Compensation for death:

(a) Burial expenses not to exceed $100.

(b) To widow, 30 per cent; with one child, 40 per cent; two or more children, 50 per cent. One orphan child, 30 per cent; each additional orphan, 10 per cent; total not to exceed 50 per cent. Dependent widower, 20 per cent. One dependent parent, 25 per cent: two dependent parents, 35 per cent. One grandparent, sister, brother, mother, or father-in-law, 20 per cent; two or more, 25 per cent, of the average weekly wages, in the order named, until death or marriage.

(c) If only partial dependents survive, a proportion of the above corresponding to the relation of the contribution of the deceased to the total income of such dependents.

Payments to children cease upon their reaching the age of 18 years, unless incapable of self-support.

The maximum weekly compensation is $11 per week and the minimum $5, unless wages are less than $5, when full wages are paid, for not over 400 weeks.

Compensation for disability:

(a) Reasonable medical and surgical treatment for 30 days after notice of accident, not to exceed $100.

(b) For temporary total disability, 50 per cent of average weekly wages, for not over 300 weeks.

(c) For temporary partial disability, 50 per cent of wage loss for not over 100 weeks.

(d) For permanent partial disability, 50 per cent of wage loss for not over 300 weeks: for certain specific injuries (mutilations, etc.) producing permanent partial disabilities, 50 per cent of wages during fixed periods.

(e) For permanent total disability. 50 per cent of wages for not to exceed 550 weeks reduced to $5 per week after 400 weeks, with maximum total of $5,000.

Payments are to begin on the fifteenth day unless disability continues for more than six weeks, when they date from the injury.

Payments may not exceed $11 per week nor be less than $5, unless wages are less than $5, when full wages are paid, and may be commuted to a lump

sum.

Revision of benefits. – Revision of payments for more than six months may be made by the court on agreement of parties; or, in case of disagreement, on application of one party.

Insurance.--Insurance is required in an authorized insurance company or association, or bond or proof of financial ability to make payments.

Security of payments.-Insurance policies must inure directly to the benefit of the beneficiaries and be enforceable in an action by them.

Settlement of disputes.--Disputes are settled by the judge or chairman of the county court, with right of appeal to the courts.

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