Lack of evidence as to exact amount workman is able to earn

afraid of injuring the remaining eye. Painting work was then given to him, but he was unable to earn his full wages at this and he applied for an increase of compensation. The application was denied on the ground that there was no change in his circumstances since the first review. Cox v. Braithwaite & Kirk (1912), 5 B. W. C. C. 648.

32. Inability to do same work as before injury.

A coal miner had his compensation reduced to a nominal sum. He asked his employers for light work and they offered him only his old work. He attempted this, but entirely failed to do it, as it made him ill and he was confined in the hospital for six months. It was held that on the application of the workman he was entitled to have a review on the ground that there was a change in his circumstances. Walton v. South Kirby, Featherstone v. Hemsworth Colliery (1912), 5 B. W. C. C. 640.

33. Lack of evidence as to exact amount workman is able to earn.

Payments may be diminished on proof that the total incapacity has ceased without evidence of the actual amount of the earning capacity of the workman. Carlin v. Alexander Stephen & Sons (1911), 48 Sc. L. R. 862; 5 B. W. C. C. 486.

A workman who was injured was able to do light work which was offered to him by his employers. He refused to accept the work and upon an application to reduce the com pensation no evidence was given as to the exact amount of wages the workman was able to earn at the light work. The County Court judge, acting partly upon his own local knowledge, diminished the payments, and upon appeal it was held that it was in the discretion of the judge to diminish any weekly payment without evidence as to the actual amount the workman was able to earn. Roberts & Ruthven v. Hall (1912), 5 B. W. C. C. 331,

Maryland

ARTICLE B-SPECIFIC PROVISIONS OF VARIOUS STATUTES

ARIZONA

There is no provision in the Arizona Act allowing a modification of award or judgment for compensation.

CALIFORNIA

The California Act contains elaborate provisions for a re-hearing and review of awards. §§ 81, 82, 83 and 84.

CONNECTICUT

Awards may be modified at any time where there has been a change of condition. Part B, § 15.

ILLINOIS

Agreements and awards may be modified at any time within eighteen months after they are made. § 19.

IOWA

Agreements or awards may be modified at any time. Part 2, § 35 (a).

KANSAS

Agreements and awards may be modified or cancelled at any time within one year after they are filed. § 29.

MARYLAND

There is no special provision in the Maryland law as to the modification of the award. There is merely a provision that all controversies shall be settled by arbitration. § 13.

New Hampshire

MASSACHUSETTS

Any weekly payment may be reviewed for cause. Part III, § 12.

MICHIGAN

Any weekly payment may be reviewed where it appears that conditions have changed, warranting such action. Part 3, § 14.

MINNESOTA

Settlements and awards as to compensation providing for payments not exceeding six months are final, and not subject to readjustment. Part 2, § 26. If the payments are for more than six months the award or agreement may be reviewed and modified. Part 2, § 27.

NEBRASKA

All settlements and awards for payments for a period under six months are final, but if periodical payments are for a period of more than six months then they are subject to review upon showing changed conditions. §§ 41 and 42.

NEVADA

Awards may be modified at any time. § 34 (c).

NEW HAMPSHIRE

There is no provision in the New Hampshire Act on this subject except in the latter part of § 9, wherein it is provided that "either such employer or workman may apply to said Superior Court or to any justice thereof in similar proceedings for the determination of any other question that may arise under the compensation feature of this Act."

Texas

NEW JERSEY

An agreement or award of compensation may be modified at any time after one year from the time the same became operative. § 2, subd. 21.

NEW YORK

Awards may be modified at any time because of changed conditions. § 22.

OHIO

Awards may be modified at any time when in the opinion of the Industrial Commission such modification is justified. § 1465-86. § 39 of the Act of 1913.

OREGON

An award may be modified at any time where there is a change in conditions. § 21 (1). No increase or re-arrangement shall be operative for any period prior to the application therefor. § 27 (c).

RHODE ISLAND

At any time within two years from the date of the approval of an agreement or the entry of a decree fixing compensation and prior to the period for which compensation has been fixed by such agreement or decree, the same may be reviewed upon application of either party. Art. III, § 14.

TEXAS

The Texas Act does not contain any provision on this subject.

Wisconsin

WASHINGTON

Awards may be modified at any time where there is a change in conditions. § 5 (h).

WEST VIRGINIA

Awards may be modified at any time where there is a change in conditions. § 40.

WISCONSIN

There is no general provision in the Wisconsin law allowing an award or judgment for compensation to be reviewed or changed because of changed conditions.