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Ohio

tory amount for the services of a specialist and for a private room and a private nurse at a hospital, it was held that the employer could not be permitted to offset the amount thus paid as against the amount due for compensation. Dikovich v. American Steel and Wire Co., 36 N. J. Law J., 304.

NEW YORK

§ 13. Treatment and care of injured employés. The employer shall promptly provide for an injured employé such medical, surgical or other attendance or treatment, nurse and hospital service, medicines, crutches and apparatus as may be required or be requested by the employé, during sixty days after the injury. If the employer fail to provide the same, the injured employé may do so at the expense of the employer. The employé shall not be entitled to recover any amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have refused or neglected to do so. All fees and other charges for such treatment and services shall be subject to regulation by the commission as provided in section twenty-four of this chapter, and shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living.

OHIO

Medical, hospital, etc., services from the State fund not exceeding in value $200, and in case of death funeral expenses not exceeding $150. § 1465-89; § 42 of Act of 1913.

Employers who carry their own insurance must pay the same sums. § 1465-72; § 25 of Act of 1913.

The amount allowed for medical and hospital services will in no case exceed such as is ordinarily charged and paid for similar services in the community where rendered. Re David Burns, Claim No. 3, Ohio State Liability Board of Awards, May 22, 1912.

No allowance for nursing services will be made where such

Texas

services are rendered by a member of the family of the applicant who renders such services in connection with her duties as housekeeper. Re David Burns, Claim No. 3, Ohio State Liability Board of Awards, May 22, 1912.

OREGON

"§ 23. The Commission shall have authority to provide, under uniform rules and regulations, first aid to workmen who are entitled to benefits hereunder, together with transportation, medical and surgical attendance and hospital accommodations for injured workmen at an expense not exceeding two hundred and fifty dollars ($250) in any one case, and to contract therefor in its discretion. The Commission may in its discretion authorize employers to furnish or provide, at the expense of the Commission and upon terms fixed by it, such transportation, attendance and accommodations; provided, however, that all such transportation, attendance and accommodations shall be at all times subject to the supervision and control of the Commission."

RHODE ISLAND

"Art. II, § 5. Medical aid. During the first two weeks after the injury the employer shall furnish reasonable medical and hospital services, and medicines when they are needed, the amount of the charge for such services to be fixed, in case of the failure of the employer and employé to agree, by the superior court."

TEXAS

"Part I, § 7. During the first week of the injury the association shall furnish reasonable medical aid, hospital services and medicines when needed, and if it does not furnish these immediately as and when needed, it shall repay all sums reasonably paid or incurred for same, provided, reasonable notice of injury shall be given to the said association, and this

West Virginia

provision requiring notice shall apply to all subsequent sections of this Act providing for compensation.

WASHINGTON

Section 24, subd. 4, of the Washington Act provides that the Commission shall "Supervise the medical, surgical and hospital treatment to the intent that same may be in all cases suitable and wholesome." There is no direct provision in the Washington Act, however, that the cost of medical attention shall be paid by the Commission.

In a note to the copy of the Act issued by the Industrial Insurance Commission of Washington in 1912, it is stated: "There is no fund or provision for payment of charges for ambulance, physician, surgeon, hospital, nurse, medicine or surgical appliances. The 'first aid' provision was stricken out from the proposed Act before passage by the Legislature."

WEST VIRGINIA

"§ 27. The commission shall disburse and pay from the fund for such injury to such employés as may be entitled thereto hereunder such amounts for medical, nurse and hospital services and medicines as it may deem proper, not, however, in any case to exceed the sum of one hundred and fifty dollars in addition to such award to such employés, payment to be made to the employé, or to the persons who may have furnished the service and supplies, or to the persons who may have advanced payment for same, as to the commission shall deem proper; provided, that in case any injured employé be entitled, under contract connected with his employment or otherwise, to hospital or medical service without further charge to him, no payment shall be made out of the workmen's compensation fund for hospital or medical serv

Wisconsin

WISCONSIN

"§ 2394-9. Where liability for compensation under Sections 2394-3 to 2394-31, inclusive, exists, the same shall be as provided in the following schedule:

"(1) Such medical, surgical and hospital treatment, medicines, medical and surgical supplies, crutches, and apparatus, as may be reasonably required at the time of the injury and thereafter during the disability, but not exceeding ninety days, to cure and relieve from the effects of the injury, the same to be provided by the employer; and in case of his neglect or refusal seasonably to do so, the employer to be liable for the reasonable expense incurred by or on behalf of the employé in providing the same."

A son of the applicant, a messenger in the State Senate, cut his hand while handling a glass water bottle. He lost no wages as the result of the accident, but his father incurred an expense of $22 in furnishing medical treatment. It was held that the State should pay for the medical treatment. Frank C. Niebuhr v. State of Wisconsin, Wis. Indus. Com., April 24, 1913.

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"The personal representative may pay out of said fund the reasonable and necessary expenses of medical attendance and burial of the decedent. If the workman leaves no widow, children, or other dependents, then the employer shall pay the reasonable expenses of medical attendance upon the decedent and also provide and secure his burial in a proper cemetery, which may be chosen by the friends of the decedent." § 72, subd. 3 of Act of 1913; § 8, subd. 3 of Act of 1912.

CALIFORNIA

"If the deceased employé leaves no person dependent upon him for support, the death benefit shall consist of the reasonable expenses of his burial not exceeding one hundred

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