NEWFOUNDLAND. An amendment of March 11, 1914, adds logging to the list of industries covered. NEW SOUTH WALES. Date of enactment.-December 13, 1916; in effect July 1, 1917, replacing act of August 19, 1910. Injuries compensated.-Personal injuries by accident arising out of and in course of employment (including industrial diseases) causing death, or disability for at least two weeks, except when due to serious or willful misconduct on the part of the workman. Industries covered.-Any employment. Persons compensated.—All persons employed under contract with an employer, including apprentices, except casual labor, employed otherwise than for the purpose of the employer's trade or business, outworkers, and persons receiving more than £312 ($1,518) per year. Government employees.—The law applies to workmen in any employment by or under the Crown to which it would apply if the employer were a private person. Burden of payment.-Entire cost of compensation rests upon the employer. Compensation for death: (a) For total or partial disability, a sum equal to three years' earnings, but not less than £300 ($1,460) nor more than £500 ($2,433) to those entirely dependent upon the earnings of the deceased. Weekly payments or lump sums paid under this law are deducted from such amount. (b) A sum not exceeding the above amount, as may be agreed upon or determined as being reasonable and proportionate to the loss or damage suffered by those partly dependent. (c) If no dependents are left, the expenses of medical attendance and burial, but not exceeding £20 ($97). Compensation for disability: (a) A weekly payment not exceeding 50 per cent of average weekly earnings, but no such payment shall exceed £2 ($9.73) with a total liability of £750 ($3,650). (b) In case of partial incapacity, the weekly payment shall in no case exceed the loss of earning capacity. In fixing the weekly payment, consideration must be given to any financial assistance given by the employer to the injured during incapacity. (c) A lump sum may be substituted for weekly payments after six months, on application of the employer; the amount to be agreed upon or determined in accordance with provisions of the act. Revision of compensation.-Weekly payments may be revised at the request of either party. Insurance.-Employers may contract with their employees for substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act, if the scheme is officially certified to be not less favorable to the employees and their dependents than the provisions of the act, and is accepted by a majority of the employees. In such case the employer is liable only in accordance with the scheme. security of payments.-When an insured employer becomes insolvent, the Insurer succeeds to the rights, remedies, and liabilities of the employer, but to no liability greater than that owed by it to the employer. Claims accrued prior to bankruptcy are preferred in amounts not exceeding £20 (8973) per person. Settlement of disputes.-Disputes under the act may be settled by an existing mutually representative committee, parties, or by the judge of the district court. NEW ZEALAND. Paragraph headed "Date of enactment" should read: October 10, 1908, in effect January 1, 1909, superseding act of October 18, 1900. Amended December 24, 1909, October 28, 1911, and December 15, 1913. NOVA SCOTIA. The compensation law of Nova Scotia was amended in 1917 (May 17 ( ?) ). but not in details affecting the analysis as shown in Bulletin No. 203. ONTARIO. The compensation law of Ontario was further amended April 27, 1916, an April 12, 1917. The only change affecting the form of analysis used is the granting of medical, surgical, and hospital aid for the period of one month, to all employees covered by the act. QUEBEC. The compensation law of Quebec was amended in 1914 (ch. 57), 1915 (ch. 71), and 1918 (ch. 71). The earlier act authorizes beneficiaries to demand lump-sum settlements after one month from the award in cases of permanent disability or death; the second forbids the retention of any part of an employee's wages for purposes of insurance, while the act of 1918 extends the benefits of the law to persons earning $1,200 per annum instead of $1,000 as a maximum; it also allows maximum benefits of $2,500 instead of the former limitation of $2,000. SWITZERLAND. Paragraph headed "Date of enactment" should read: June 13, 1911, adopted by referendum February 4, 1912; amended and sup plemented June 18, 1915. (Not yet in effect at that date.) To the paragraph "Industries covered" add: The Federal Council is authorized to extend the scope of compulsory insurance under the act to designated additional classes of industries and occupations, including employment on public works. WESTERN AUSTRALIA. Paragraph headed "Date of enactment" should read: December 21, 1912; in effect February 14, 1913, superseding an act of 1902, amended in 1909. APPENDIX. TEXT OF WORKMEN'S COMPENSATION LAWS, AMENDMENTS ALASKA. ACTS OF 1917. CHAPTER 44.-Death benefits. SECTION 1. Clause B, section 1 of chapter 71, of the 1915 session laws of Alaska [shall] be amended to read as follows: account of B. In those cases where such married employee had children Payments on under the age of sixteen (16) years at the time of his death, his children. widow shall be entitled to receive in addition to the sum above specified, the sum of six hundred dollars ($600) for each child under the age of sixteen (16) years, or child wholly dependent upon his or her parents for support by reason of physical or mental incompetency, or unborn or posthumous child which such employee left at the time of his decease, but not to exceed in all the sum of six thousand dollars ($6,000). Approved May 3, 1917. 103 CALIFORNIA. ACTS OF 1917. CHAPTER 586.-Compensation of workmen for injuries.1 SECTION 1. This act and each and every part thereof is an expression of the police power and is also intended to make tective and apply to a complete system of workmen's compensation the provisions of section seventeen and one-half of article twenty and section twenty-one of article twenty of the constitution of the State of California. A complete system of workmen's compensation includes adequate provision for the comfort, health, safety and general welfare of any and all employees and those dependent upon them for support to the extent of relieving from the consequences of any injury incurred by employees in the course of their employment, irrespective of the fault of any party; also full provision for securing safety in places of employment, full provision for such medical, surgical, hospital and other remedial treatment as is requisite to cure and relieve from the effects of such injury, full provision for adequate insurance coverage against the liability to pay or furnish compensation, full provision for regulating such insurance coverage in all its aspects including the establishment and management of a State compensation insurance fund, full provision for otherwise securing the payment of compensation, and full provision for vesting power, authority and jurisdiction in an administrative body with all the requisite governmental functions to determine any matter arising under this act to the end that the administration of this act shall accomplish substantial justice in all cases expeditiously, inexpensively and without incumbrance of any character; all of which matters contained in this section are expressly declared to be the Social public policy of this State, binding upon all departments of the State government. Sac. 2. This act shall be known and may be cited as the "Workmen's compensation, insurance and safety act of 1917" and shall apply to the subjects mentioned in its title. SEC. 3. The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows: (1) The term "commission" means the industrial accident commission of the State of California as created under the provisions of chapter one hundred seventy-six of the laws of 1913. (2) The term "commissioner" means one of the members of the commission. (3) The term "compensation" means compensation under this ort and includes every benefit or payment conferred by sections Six to thirty-one, inclusive, of this act upon an injured employee, or in the event of his death, upon his dependents, without regard to negligence. (4) The term "injury," as used in this act, shall include any injury or disease arising out of the employment. In case of aggravation of any disease existing prior to such injury, compensation shall be allowed only for such proportion of the disability This act supersedes and repeals the earlier compensation law of the State (Ch. 176, acts of 1913, as amended), except as to secs. 1, 3 to 11 relating to the industrial accident commission), 36 to 50 (relating to the State Insurance fund). 88 (relating to annual reports), and 91 (repealing inconsistent acts). For these sections see Bulletin No. 203, pp. 575-378, 391-395, 406, and 407. Scope of law. Title. Definitions. |