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ANALYSIS OF THE PRINCIPAL FEATURES OF THE LAWS.

ALASKA.

Date of enactment.-April 29, 1915; in effect July 28, 1915; amended, chapter 44, acts of 1917.

Injuries compensated.—Personal injury causing disability for more than two weeks, or death, arising out of and in course of employment, not due to the employee's willful intention to injure himself or another, or to his intoxication. Industries covered.-Mining operations in which five or more persons are employed, unless election to the contrary is made (includes development and construction work, stamp and roller mills, reduction work and processes, coke ovens, etc.).

Persons compensated.-Private employment: All employees in industries covered, contractors and subcontractors excluded. Public employment not included. Burden of payment.-All on employer.

Compensation for death:

(a) If married, $3,000 to widow, $600 additional to each child under 16 years of age, and to dependent parent or parents if any; if no widow, $3,000 to any minor orphan, and $600 additional for each child under 16; no total to exceed $6,000.

(b) If unmarried, and dependent parent or parents, $1,200 to each. (c) If no dependents, funeral expenses not to exceed $150, and other expenses, if any, to same amount.

Compensation for disability:

(a) Permanent total: $3,600 to workman alone; $1,200 additional if wife is living; $600 additional for each child under 16, posthumous child, or child over 16, dependent by reason of physical or mental incompetency; total not to exceed $6,000. If no wife or children, $600 to each dependent parent.

(b) Temporary total disability: 50 per cent of weekly wages for not over six months.

(c) Permanent partial disability: Fixed sums for specified injuries in lieu of other payments, varying with conjugal condition and number of children.

Revision of benefits.-Readjustment must be made if within two years an injury develops or proves to be such as to warrant a different award from any previously made.

Insurance.-No provision.

Security of payments.-Attachment may be had pending result of action, or employer may deposit cash or bond with court. Payments are exempt from execution.

Settlement of disputes.-By courts, either with or without jury trial.

ARIZONA.

Date of enactment.-June 8, 1912; in effect September 1, 1912; amended, chapter 7, acts of 1913.

Injuries compensated.-All accidental injuries causing disability of at least two weeks, or death, arising out of and in the course of the employment, caused in whole or in part, or contributed to, by a necessary risk or danger of, or inherent in the nature of the employment, or by failure of the employer or his agents to exercise due care or to comply with any law affecting the employment. Industries covered.-All especially dangerous employments, including the construction, operation, and maintenance of steam and street railroads; work with or near explosives; building work using iron or steel frames or hoists, derricks, or ladders or scaffolds 20 or more feet above ground; telegraph, telephone, or other electrical work; work in mines, quarries, tunnels, subways etc.; work in mills, shops, and factories using power machinery. Industries declared especially dangerous are specified in law. Elective as to other industries.

Persons compensated.-Private employment: All employees in industries covered. Public employment: No provision.

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

Compensation for death:

(a) To persons wholly dependent, a lump sum equal to 2,400 times one-half the daily wages or earnings of the deceased employee, but not to exceed $4,000. Payments to children cease on reaching the age of 18 years.

(b) If no dependents, the reasonable expenses of medical attendance and burial of deceased employee.

Compensation for disability:

(a) For total disability, 50 per cent of the employee's semimonthly earnings during the time he is unable to work at any gainful occupation. (b) For partial disability, a semimonthly payment equal to one-half the wage decrease.

(c) The total amount of payments for total or partial disability caused by a single injury not to exceed $4,000.

Revision of benefits.-Examinations as to the nature of injury and degree of incapacity, etc., may be required by either party at intervals of not less than three months.

Insurance. The employer may insure provided the liability for compensation is not less than the compensation fixed by law.

Security of payments.—A judgment for compensation issued by a court is collectible without relief from valuation or appraisement laws and has the same preferential claim as is allowed by law for unpaid wages or personal services. Settlement of disputes.-Disputes may be settled by (a) written agreement between the parties, (b) arbitration, or (c) reference to the attorney general of the State. In case of failure or refusal to agree by any of the modes above I provided, then by a civil action at law.

45615°-Bull. 243—18—2

CALIFORNIA.

Date of enactment.-April 8, 1911; in effect September 1, 1911; new act, chapter 176, acts of 1913, in effect January 1, 1914; amended, chapters 541, 607, 662, acts of 1915; new act, chapter 586, acts of 1917, in effect January 1, 1918. Injuries compensated.-Injuries or disease arising out of and in the course of employment, causing disability for more than 10 days, or death, not intentionally self-inflicted and not the result of the intoxication of the injured employee. Industries covered.-All except agriculture and domestic service, which may come under the act by joint election.

Persons compensated.-Private employment: Every person in the service of an employer for hire, including apprentices and aliens, excepting casual employees not in the course of the employer's trade or business. Public employment: Persons employed by the State and its political subdivisions and all public corporations.

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

Compensation for death:

(a) The reasonable expense of burial, not exceeding $100.

(b) To persons wholly dependent, three times the annual earnings of the deceased employee; not less than $1,000 nor more than $5,000, payable at least monthly in installments equal to 65 per cent of the wages. Payments to children cease on their reaching the age of 18 years, unless mentally or physically incapacitated for earning a living. (c) If only partial dependents survive, three times the annual contribution of the deceased to their support, subject to the same limitations as above.

Any disability payments made and burial expenses paid are to be considered as parts of the foregoing totals.

Compensation for disability:

(a) Such medical, surgical, and hospital treatment as may reasonably be required to cure and relieve from effects of injury.

(b) For temporary total disability. 65 per cent of average weekly earnings during such disability.

(e) For temporary partial disability, 65 per cent of weekly loss of wages during such disability.

(d) For permanent disability, 65 per cent of average weekly earnings for periods varying from 4 to 240 weeks, according to the degree of disability. After the expiration of 240 weeks a further benefit varying from 10 to 40 per cent of the weekly earnings is payable during the remainder of life, when the degree of disability reaches or exceeds 70 per cent.

The aggregate amount of benefits for a single injury causing temporary disability is limited to three times the annual earnings of the injured person, with a maximum benefit period of 240 weeks.

In case of permanent incapacity or death, a lump sum may be substituted for benefits, such lump sum to equal the present value of the benefits computed at 6 per cent.

Average weekly earnings shall be considered as not less than $6.41 nor more than $32.05.

Revision of benefits.—Decisions and awards may be reviewed at any time during the first 245 weeks, after legal notice received.

Insurance.--Insurance is required either in the State insurance fund or in an authorized insurance company, unless the employer furnishes proof of ability to carry his own insurance. Municipalities are required to insure in the State fund unless the risk is refused.

Security of payments.-A claim for injury or death of an employee or any award shall have the same preference over other unsecured debts as is given by law to claims for wages, but not so as to impair a lien of a previous award. Policies inure directly to the benefit of employees, who also have a first lien on any amount due the employer from the insurance company. Self-insurers may be required to give bond or deposit securities.

Settlement of disputes.-Disputes are settled by the State industrial accident commission, subject to a limited review by the courts.

COLORADO.

Date of enactment.-April 10, 1915; in effect August 1, 1915; amended, chapter 155, acts of 1917.

Injuries compensated.—Injuries caused by accident arising out of and in course of employment, not intentionally self-inflicted or intentionally inflicted by another, and causing death within two years or disability for more than two weeks.

Industries covered.—All, except interstate commerce and domestic and agricultural labor, in which four or more persons are employed in which employers elect to come under the act; others may elect, but lose no defenses if they do not.

Persons compensated.-Private employment: Every person in the service of another under any contract of hire, express or implied, casual employees excepted. Public employees: All under any appointment or contract of hire; elective officials and officers and enlisted men of the National Guard excluded. Burden of payment.-All on employer.

Compensation for death:

(a) To persons wholly dependent, 50 per cent of the weekly wages for six
years, $8 maximum, total not to exceed $2,500 nor to be less than
$1,000. If death occurs from any cause during receipt of disability
benefits, any unaccrued and unpaid remainder goes to dependents.
(b) If only partial dependents survive, 50 per cent of the weekly wages,
$8 maximum, for such part of six years as the commission may
determine, total not to exceed $2,500. If death occurs from any
cause during the receipt of disability benefits, partial dependents
shall receive not more than four times the amount contributed
by the deceased during his last year of employment, the aggregate
of disability and death benefits not to exceed $2,500.

(c) If no dependents, $75 funeral expenses.
(d) Payments to any beneficiary cease on death; to widow or dependent
widower on remarriage, but a lump sum equal to one-half the
unpaid balance shall be paid to the spouse if there are no children;
if there are dependent children, the unpaid balance is payable
to them; to children, on reaching the age of 18, unless physically
or mentally incapacitated from earning.

Payments lapsing for any reason go to surviving dependents, if any.
Benefits to aliens are one-third the amounts payable to citizens, and
may not exceed $1,000 in all.

Compensation for disability:

(a) Medical and surgical assistance for first 30 days, not more than $100 in value. (b) For total disability, 50 per cent of weekly wages during continuance, $5 minimum, $8 maximum; full wages if less than $5. (c) For partial disability, 50 per cent of the weekly wage decrease, $8 maximum; total not to exceed $2,080. Special schedule for specified injuries, 50 per cent of weekly wages for periods ranging from 4 to 208 weeks, in lieu of other payments. Facial disfigurements may also be compensated for in an amount not exceeding $500. Payments may be commuted to a lump sum after six months. Revision of benefits.-Awards may be changed within 15 months after making on discovery of mistake, and may be appealed from within 60 days. Insurance.-Insurance in State fund, stock, or mutual company, or proof of financial ability to make payments, is required. Public employees must be insured in the State fund.

Security of payments.—Insurers are primarily liable to a workman or his beneficiaries entitled to benefits; notice to employer is notice to insurer; insolvency of employer does not release insurer. Claims are not assignable, and payments are exempt from attachment or execution.

Settlement of disputes.-Disputes are determined by the industrial commission, with limited appeal to courts.

CONNECTICUT.

Date of enactment.-May 29, 1913; in effect January 1, 1914; amended, chapter 228, acts of 1915; chapter 368, acts of 1917.

Injuries compensated.—All injuries arising out of and in the course of employment, disability of more than 7 days, or death, except when injury is caused by willful and serious misconduct of the injured employee, or by his intoxication.

Industries covered.-All industries in which five or more persons are employed, in absence of contrary election by employer.

Persons compensated.-Private employment: All employees of employers accepting the act, in absence of contrary election, outworkers and casual employees excepted. Public employment: Employees of the State and any public corporation within the State using the services of another for pay.

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

(a) $100 for burial expenses.

(b) To persons wholly dependent, a weekly compensation equal to one-half the earnings of the deceased employee.

(c) If only partial dependents survive, a weekly compensation, determined according to the measure of dependence, not exceeding one-half the earnings of the deceased employee.

(d) Compensation shall in no case be more than $14 or less than $5 weekly, and shall not continue longer than 312 weeks.

A widow's or widower's dependence ceases with remarriage, and a child's upon reaching 18 years of age, unless physically or mentally incapacitated.

If a widow or dependent widower remarries or dies during the term of benefit payments, subsequent payments go to other dependents, if any.

Compensation for disability:

(a) Reasonable medical and surgical aid and hospital service.

(b) For total disability, a weekly compensation equal to one-half the employee's earnings, not more than $14 or less than $5 weekly, or for longer than 520 weeks.

(c) For partial disability, a weekly compensation equal to one-half the wage loss, but not more than $14 per week, or for longer than 312 weeks. For specified injuries causing permanent partial disability, one-half the average weekly earnings for fixed periods in lieu of all other payments.

Lump-sum payments may be approved by the commissioner, provided they equal the value of the compensations.

Revision of benefits.-Review may be had upon request of either party, whenever it shall appear to the compensation commissioner that the incapacity or the measure of dependence has changed. The commissioner retains control over awards during their whole period, with power to take proper action thereon at any time.

Insurance.-Approved schemes may be substituted provided the benefits are equivalent to those provided by law. Insurance may be taken in approved stock or mutual companies or associations.

Security of payments.-Employer must furnish the insurance commissioner satisfactory proof of his solvency and financial ability to pay awards, file satisfactory security with the insurance commissioner, or insure in approved stock or mutual companies or associations. Payments are not assignable, are exempt from execution, and are entitled to the same preference as wage debts.

Settlement of disputes.-Disputes are to be settled by the compensation commissioners. Appeals from findings and awards of any commissioner may be made to the superior court of the county without cost to either party.

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