TABLE FOR DETERMINATION OF DEGREE OF DISABILITY DUE TO INJURIES CAUSED BY INDUSTRIAL ACCIDENTS-Concluded. 120 119 Complete immobility of ankle joint of one foot, the foot being placed at right angle to leg. Complete immobility of ankle joint, the foot being placed in oblique angle to leg. Loose ankle joint..... 121 123 Complete immoblity of the knee joint at extension. 124 Complete immobility of knee joint at slight flexion, under obtuse angle.. 125 Complete immobility of knee joint at strong flexion in an acute angle, or over extended.. Loose knee joint. 126 127 Stretched ligaments of knee joint (weakened joint).. 128 Fracture of patella with disarrangement of the apparatus for extension. 129 Irregular union of a fracture of leg with shortening of over 5 centimeters [1.97 inches] and limited motion....... 131 Complete immobility in hip joint in extension of leg.. 132 Complete immobility in hip joint in flexion of leg. 133 Irregular union of fracture of thigh with shortening of leg of over 5 centimeters [1.97 inches) and limitation of motion.. 134 135 Failure of fracture of hip to unite (false joint).. XII. UPPER AND LOWER EXTREMITIES. 60 40 40 40 89399 136 Loss of one leg or foot, and one arm or hand... 100 NOTE 1.-Full paralysis of extremity or a part of an extremity is assimilated to its loss; the same is true of immovable joints, cicatricial contraction, chronic ulceration, insufficient covering of bones after amputation, loss of tendons, etc., when leading to complete impossibility to use the injured extremity at work. NOTE 2.-In injuries of lower extremities attention must be paid as to whether working is possible with cane, crutches, etc., and in all injuries as to how far the disability caused may be rectified by means of apparatus and appliances. NOTE 3.-In multiple injuries, resulting from one accident, the estimate of disability must not be made by means of a simple addition of the numbers corresponding to individual injuries according to this scale, but with consideration for the circumstances of each case, i. e., for the resulting loss or reduction of capacity to earn a livelihood from the combined effect of all the injuries together, in connection with the general state of health and nature of employment. In no case must the estimate exceed 100 per cent. NOTE 4.-Traumatic and other bodily injuries not mentioned in the scale must be estimated in accordance with these general considerations. METHODS OF COMPUTING EARNINGS. As the amount of the pension depends upon the annual earnings of the injured workman, the method of determination of these earnings is of importance to the efficacy of the law. The following method. is prescribed by the act: The actual earnings of the person injured, as determined by the books of the concern, for the year preceding the day of the accident (or in cases when the workman has been employed less than a year, for all the time of his employment), is divided by the number of days of actual employment, and the average daily earnings thus obtained are multiplied by 260 (considered by this law the average number of working days in a Russian factory). In the case of establishments which normally are not active the whole year, the average daily earnings are multiplied by the normal number of working days for such establishments, but to the product must be added the usual wages of a common unskilled laborer for the difference between 260 and the normal number of working days in that establishment. Where lodging constituted part of the earnings of the workman, the sum of earnings as computed above must be increased by 20 per cent, and in case of table board its actual cost must be added. In no case must the earnings so computed be less than the average wages for unskilled labor for 260 days. The same minimum must be taken as a basis where the injured workman was not receiving any wages. On the other hand, if it can be proven that the actual ordinary or normal earnings of the injured were greater than the sum computed according to the above rules, these must be taken as a basis. Thus the minimum wage is not definitely established, but is expressed as the average wages for unskilled labor. These averages are determined by the local provincial administrative offices in charge of manufactures or mining, either for the entire province or, when it is thought necessary, for separate districts of the province, every three years, and separately for either sex in the three age groups: Children (12 to 15 years), youths (15 to 17 years), and adults (over 17 years). If the injured is under 17 years of age, his pension is computed at the basis of the wages of a youth, but recomputed according to the wages of an adult when he reaches 17 years of age; when the injured is under 15 years of age, such recomputation must take place twice, when he reaches 15 and again when he reaches 17 years of age. SETTLEMENT OF CLAIMS. In excluding cases of accidents due to gross negligence from the benefits of the law, the question of the cause of accident creates opportunity for disagreements. Even if the justice of the claim is undisputed, a great many factors evidently influence the amounts of the compensation. The actual amounts are not fixed by any administrative process; the law establishes a claim, for the proper determination of which all these provisions must be taken into consideration, but the claim is settled either by voluntary agreement or by judicial decision. It is the intention of the law to encourage the former, but in order to safeguard the interests of the workmen, such agreements must be approved by the proper authorities familiar with the law. The following procedure is established with this object in view: Agreements between the injured person or members of his family in regard to the amount of compensation must be in writing, signed by both parties, and certified by the factory inspector. This certificacation is in the nature of approval, and the factory or mining inspector must refuse his certification when the agreement, in his opinion, is obviously and substantially contrary to the requirements of the law. The original copy of the agreement remains with the factory or mine inspector, while certified copies are given to each party. An agreement thus certified is binding similarly to a private settlement before a justice of the peace Further, the factory or mine inspector must make efforts to facilitate such agreements. If a voluntary agreement has not been accomplished, either party may petition the factory or mine inspector for his opinion as to their rights or duties in the case under the law. In such cases the factory or mine inspector may demand additional evidence and ask for a medical examination, and he may suggest the proper conditions for a settlement; but if, notwithstanding his efforts, the two parties can not be brought together, or if the inspector declines to certify to the agreement because an unjust one, he must make a written statement ("act") to that effect, stating the date of the petition, the time, place, and circumstances of the accident, the nature of the bodily injury, the degree of disability, or, in fatal cases, the cause of death, the demands and offer of the respective parties, and, finally, state his opinion as to the merits of the case, i. e., the rights of the injured or his relatives to compensation, and its amount. Both parties receive certified copies of this "act." Cases in which voluntary settlements have failed may be brought to trial before a justice of the peace or the district magistrate (Zemşki nachalnik). When the injured is a minor, and not living with his parents or guardians, the local court may appoint a guardian. The factory inspectors may recommend persons for such appointment. Suits may be entered by the injured within two years after the day of the accident, and by his heirs within two years after the day of the death of the injured, as against the 10-year limit in general Russian law, but in computing this time limit, the time elapsing between entering the case with the factory inspector or district engineer and the day of furnishing the injured party a copy of the factory inspector's "act” is omitted. If both parties have come to a voluntary agreement, either oral or written, but not approved in accordance with the rules above, the injured workman or his family do not lose their right of demanding compensation in accordance with the law, even if more than two years have elapsed, and all the time during which this voluntary agreement has been effective is left out of consideration. This protects the injured or his family from any settlement which the proprietor may agree upon with the view of living up to it only within the two-year limit. In actions instituted, claims are entered against the proprietor of the establishment, either at the place of the accident, or at the place of residence of the proprietor or at the main office of the establishment. Such action may be instituted either after carrying the case through the office of the factory inspector, or without bringing it to the attention of this officer, but the law discourages the latter procedure by depriving the claimant in such cases of his right to receive court expenses. The same rule holds good if the court's judgment is for a compensation no greater than that offered by the defendant during the preliminary negotiations. But on the other hand the law endeavors to facilitate just claims in many ways; they are free from court fees, must be conducted under a simplified mode of procedure, the amount of attorney's fees is strictly regulated, and all contracts for excessive fees are not enforceable. Appeals against the decisions of the judges of the first instance (justices of the peace) may be had to circuit courts and higher courts of appeal; in such appealed cases the lower court, upon request of the plaintiff, may order "a preliminary award," with or without bonds. Judgments obtained from the courts under this law have a preferred claim against the property of the defendant. Private settlements of the cases brought before the court are not binding unless they have been sanctioned by the court. Private arbitration of cases under this law is prohibited, and decisions of courts of arbitration are not enforceable. REVISION OF COMPENSATION. Further reconsideration of the case is permitted within three years after the compensation has been granted or refused, if after a medical examination, ordered upon demand of either party, changes in the condition of the injured are found to have taken place. Lump-sum settlements, however, can not be changed and are not subject to revision. REGULATIONS AS TO METHODS OF PAYMENT. The allowances and pensions are paid periodically, as follows: Payment of allowances for temporary disability must be made at the same intervals as the payment of wages. The time of payment of pensions for permanent disability or death may be arranged for by both parties, but in absence of such private arrangement the payments must be made monthly in advance. At the request of the persons receiving compensation, payment must be forwarded to their place of residence at their expense. On the other hand the pensioners must twice a year (in January and July) present to the proprietor of the establishment or to his representative certificates to the effect that they are alive, and in case of widows, that they have not remarried, such certificates to be filled out by police authorities, and unless such certificates are presented the employer may withhold the payments. Such certificates must be given by the police without fee, and are free from stamp taxes. Unless there has been cause for delay, the employer must pay a fine for delaying the payments, equal to 1 per cent of the sum retained for each month, and when the delay has extended over more than 6 months, he may be forced to guarantee the payments in the future according to the same rules which are laid down for cases of liquidation of the enterprise. SECURITY OF PAYMENTS. Since the Russian law does not introduce any compulsory system of insurance and throws the burden of compensation upon the individual employer, the question of guaranteeing the payments is of great importance. In case of voluntary liquidation, the proprietor must either insure the beneficiaries of the pensions, to the amount of payments due, in one of the recognized insurance companies, or must turn into one of the state credit institutions a sum sufficient to meet such payments. Comprehensive tables giving the capitalized value of pensions due to the injured workmen, whether adult, youth, or child, to the widow, and to relatives in ascending and descending line, for use in securing such pensions with insurance companies, were published by the Ministry of Interior on June 25 (July 8), 1905. The factory (or mine) inspector must be notified of the liquidation, and also of the measures taken to secure the payment of these obligations. In case of death of the proprietor his obligations under this law are transmitted to his heirs. In case of voluntary transfer of ownership, these obligations may be transferred to the new owner with his written consent, otherwise the original proprietor must guarantee the payments in the future, according to the rules laid down for cases of voluntary liquidation. In cases of bankruptcy, enforced liquidation, or public sale of the establishment, the receivers or other persons in charge must ascertain from the proprietor and from the factory or mine inspector the total obligations of the establishment under this act. A computation must be made of the total sum required to insure the payment of these obligations and such sum becomes a preferred claim upon the amount received from the enforced sale. After the liquidation has been accomplished, the factory or mine inspector must be informed as to the amount available for this purpose. He must indicate what disposition shall be made of these funds, and in what insurance or banking institutions they may be deposited. ACCIDENT REPORTS AND RECORDS. The following methods of procedure are prescribed in connection with each accident. When an accident occurs, the proprietor or manager of the establishment must immediately communicate the facts to the local police, as well as to the factory inspector or to the |