attorney's fees paid or agreed to be paid for such enforcement or collection, exceeds ten per cent of the amount at which such claim shall be compromised, or of the amount awarded, adjudged or collected, or where such fee computed upon such percentage basis shall exceed in gross the sum of one hundred dollars. The limitation as to contingent fees shall apply to the combined charges of attorneys, solicitors, representatives and adjusters who knowingly combine their efforts toward the enforcement or collection of any compensation claim. 3. All awards of compensation in favor of any claimant, which equals or exceeds one hundred dollars, shall be made payable to such claimant in person: Provided, however, That in any award the commission shall upon application of any interested party and subject to the provisions of subsection 2 of this section fix the amount of the fees of his attorney or representative and provide in the award for payment of such fee direct to the person or persons entitled thereto. Payment according to the directions of the award shall protect the employer and his insurer from any claim of attorney's lien. (4) The charging, taking or receiving of any fee in violation of subsections 2 and 3 of this section shall be deemed unlawful practice, and the attorney or other person guilty thereof shall forfeit double the entire amount retained by him, the same to be collected by the State in an action in debt, upon complaint of the commission. Out of the sum recovered the court shall direct payment to the injured party of the amount of the overcharge. Payments. Unlawful fees. Claims not SEC. 2394-23. No claim for compensation under sections 2394-3 to 2394-31, inclusive, shall be assignable before payment, but this assignable. provision shall not affect the survival thereof; nor shall any claim for compensation, or compensation awarded, adjudged or paid, be subject to be taken for the debts of the party entitled thereto. SEC. 2394-24. 1. The whole claim for compensation for the injury or death of any employee or any award or judgment thereon, shall be entitled to the same preference as is given by any law of this State to claims for labor, but this section shall not impair the lien of any judgment entered upon any award. 2. An employer liable under this act to pay compensation shall insure payment of such compensation in some company authorized to insure such liability in this State unless such employer shall be exempted from such insurance by the industrial commission. An employer desiring to be exempt from insuring his liability for compensation shall make application to the industrial commission showing his financial ability to pay such compensation, whereupon the commission by written order may make such exemption. The commission may from time to time require further statement of financial ability of such employer to pay compensation and may upon ten days' notice in writing, revoke its order granting such exemption, in which case such employer shall immediately insure his liability. 3. An employer who shall fail to comply with the provisions of subsection 2 of section 2394-24 shall be guilty of a misdemeanor. and upon conviction thereof shall forfeit twenty-five dollars for each offense. Each day's failure shall be a separate offense. Upon complaint of the commission, such forfeitures may be collected by the State in an action in debt. Preference. Security of payments. Claim 8 against third SEC. 2394-25. 1. The making of a lawful claim against an employer for compensation under sections 2394-3 to 2394-31, inclu- parties. sive, for the injury or death of his employee shall operate as an assignment of any cause of action in tort which the employee or his personal representative may have against any other party for such injury or death; and such employer may enforce in his own name the liability of such other party. 2. The making of a claim by an employee against a third party for damages by reason of an accident covered by sections 2394-3 to 2394-31, inclusive, shall operate as a waiver of any claim for compensation against the employer. Malpractice. Insurance. 3. Nothing in sections 2394-3 to 2394-31, inclusive, shall prevent an employee from taking the compensation he may be entitled to under said sections and also maintaining a civil action against any physician or surgeon for malpractice. The measure of damages, if any be recovered in such action, shall be the amount of damages found by the jury less the compensation paid to the employee under said sections, due to such malpractice. SEC. 2394-26. Nothing in sections 2394-3 to 2394-31, inclusive, shall affect the organization of any mutual or other insurance company, or any existing contract for insurance of employers' liability, nor the right of the employer to insure in mutual or other companies, in whole or in part, against such liability, or against the liability for the compensation provided for by sections 2394-3 to 2394-31, inclusive, or to provide by mutual or other insurance, or by arrangement with his employees, or otherwise, for the payment to such employees, their families, dependents or representatives, of sick, accident or death benefits in addition to the compensation provided for by sections 2394-3 to Liability not 2394-31, inclusive. But liability for compensation under sec to be reduced. tions 2394-3 to 2394-31, inclusive, shall not be reduced or affected by any insurance, contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer; and in addition thereto, the right to enforce in his own name, in the manner provided in sections 2394-3 to 2394-31, inclusive, the liability of any insurance company which may, in whole or in part, have insured the liability for such compensation, and the appearance, whether general or special, of any such insurance carrier by agent or attorney shall be a waiver of the service of copy of application and of notice of hearing required by section 2394-16: Provided, however, That payment in whole or in part of such compensation by either the employer or the insurance company, shall, to the extent thereof, be a bar to recovery against the other of the amount so paid: And provided, further, That as between the employer and the insurance company, pay. ment by either directly to the employee, or to the person entitled to compensation, shall be subject to the conditions of the insurance contract between them. Insurance governed act. 2. The failure of the assured to do or refrain from doing any act required by the policy shall not be available to the insurance carrier as a defense against the claim of the injured employee or his dependents. SEC. 2394-27. 1. Every contract for the insurance of the comby pensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of sections 2394-3 to 2394-31, inclusive, and provisions thereof inconsistent with sections 2394-3 to 2394-31, inclusive, shall be void. No company shall enter into any such contract of insurance unless such company shall have been approved by the commissioner of insurance, as provided by law. For the purposes of sections 2394-3 to 2394-31, inclusive, each employee shall constitute a separate risk within the meaning of section 1898d of the statutes: Provided, That at least five employers shall join in the organization of a mutual company under subdivision (5) of section 1897 and no such company organized by employers shall be licensed or authorized to effect such insurance unless such company shall have in force or put in force simultaneously, insurance on at least one thousand five hundred separate risks. Inspection of companies. 2. The industrial commission, by itself or its employees, may examine from time to time the books and records of any liability insurance company insuring liability or compensation for an employer in this State. Any such company that shall refuse or fail to allow the industrial commission to examine its books and records or to file the report required by subsection 3 of sec tion 2394-27, shall have its license to do business in the State revoked. 3. Every company transacting the business of compensation Companies insurance, in addition to all other reports required by law to to report. be made, shall, on or before the first day of March in each year, on blanks furnished for such purpose, make and file with the industrial commission an annual statement of its business and accident experience covering the year ending on the preceding thirty-first day of December. secured. SEC. 2394-28. In any case in which compensation payments How payhave extended or will extend over a period of six months or ments may be more from the date of the injury (or at any time in death benefit' cases), any party in interest may, in the discretion of the industrial commission, be discharged from, or compelled to guarantee, future compensation payments as follows: (1) By desiting the present value of the total unpaid compensation upon a three per cent interest discount basis with such bank or trust company as may be designated by the commission; or (2) By purchasing an annuity within the limitations provided by law, in such insurance company granting annuities and licensed in this State, as may be designated by the commission; or (3) By payment in gross upon a three per cent interest discount basis to be approved by the commission; and (4) In cases where the time for making payments or the amounts thereof can not be definitely determined, by furnishing a bond, or other security, satisfactory to the industrial commission for the payment of such compensation as may be due or become due. The acceptance of such bond, or other security, and the form and sufficiency thereof, shall be subject to the approval of the industrial commission. If the employer or insurer is unable or fails to immediately procure such bond, then, in lieu thereof, deposit shall be made with such bank or trust company, as may be designated by the commission, of the maximum amount that may reasonably become payable in such cases. Such maximums are to be determined by the commission at amounts consistent with the extent of the injuries and the provisions of the law. Such bonds and deposits are to be reduced only to satisfy such claims and withdrawn only after the claims which they are to guarantee are fully satisfied or liquidated under the provisions of subsections (1), (2) or (3) of this section; and (5) Any insured employer may, within the discretion of the industrial commission, compel the insurer to discharge, or to guarantee payment of its liabilities in any such case under the provisions of this section and thereby release himself from compensation liability therein, but if for any reason a bond furnished or deposit made under subsection (4) of this section does not fully protect, the compensation insurer or uninsured employer, as the case may be, shall still be liable to the beneficiary thereof. SEC. 2394-29. The commission shall cause to be printed and Blanks, etc., furnished free of charge to any employer or employee such blank nished. to be fur forms as it shall deem requisite to facilitate or promote the efficient administration of sections 2394-3 to 2394-31, inclusive; it shall provide such proper record books or records as it shall deem required for the proper and efficient administration of sections 2394-3 to 2394-31, inclusive; all such records to be kept in the office of the commission. The commission shall cause notice of employers subject to this act to be given to employees, in such manner as the commission shall deem most effective; and the commission shall likewise cause notice to be given of the filing of any withdrawal of such election; but notwithstanding the failure to give, or the insufficiency of, any such notice, knowledge of the fact shall conclusively be imputed to all employees. Provisions severable. Act in effect. SEC. 2394-31. The legislature intends the contingency in subdivision (3) of section 2394-1 to be a separable part thereof, and the subdivision likewise separable from the rest of sections 2394-1 to 2394-31, inclusive, and that part of said section 2394-1 that follows subdivision (3) likewise separable from the rest of sections 2394-1 to 2394-31, inclusive; so that any part of said subdivision, or the whole, or that part which follows said subdivision (3), may fail without affecting any other part of sections 2394-1 to 2394-31, inclusive. SEC. 2. This act shall take effect on September 1, 1917. WYOMING. ACTS OF 1917. CHAPTER 69.-Compensation of workmen for injuries. [This act amends several sections of the compensation law of the State (chapter 124, acts of 1915). Section 4 is amended by adding to the list of extra hazardous occupations garages, printing plants, oil refineries, excavations, and transfer companies, inserting the terms as follows:] The extra hazardous occupations to which this act is applicable Occupations are as follows: Factories, garages, mills, printing plants and covered. workshops where machinery is used; foundries, blast furnaces; mines, oil wells, oil refineries; gas works; natural gas plants; waterworks; reduction works; breweries; elevators; dredges; excavations; transfer companies; [The remainder of the section is unchanged except that three is substituted for five as the number of workmen to be employed to bring employers within the scope of the act. Clause (k) of section 6 is amended by substituting 33} for 25 as the percentage of normal benefits which will be allowed nonresident aliens. Section 16 is amended by substituting 1} per cent for 2 per cent where it occurs. Copy of pay Sections 17 and 18 are amended so as to read as follows:] SECTION 17. It shall be the duty of each employer to forward to the State treasurer, on a blank form provided by said State treasurer, a true copy of his pay roll of persons in his employ en- roll, gaged in extra hazardous employment during the current calendar month, on the tenth day of the next succeeding calendar month, sworn to either by himself or the person having knowledge of said pay roll. Each employer, unless otherwise supplied with the last above blank form, shall seasonably apply to said treasurer for the same. Any failure of any such employer to file with said State treasurer a copy of his pay roll as herein provided, shall be a misdemeanor, and any willfully false statement in any affidavit made as herein provided shall likewise constitute a misdemeanor, and any misdemeanor committed as in this act provided shall be punishable by a fine of not more than five hundred ($500) dollars. County asses SEC. 18. It shall be the duty of the county assessor in each of the counties of the State to make a list of all employers within sors. his county who are engaged in extra hazardous industries as defined by this act, and to forward such list of extra hazardous employments and industries to the State treasurer within thirty (30) days after the passage and approval of this act. It shall further be the duty of the county assessor in each county of the State to make monthly reports to the State treasurer showing what, if any, extra hazardous industries have suspended business permanently, and what, if any, new extra hazardous industries have been established and commenced in his county during the preceding month, and also showing each extra hazardous industry of his county not theretofore reported by him, and it shall be the duty of the State treasurer to immediately proceed in the collection of assessments from such extrahazardous industries in the manner provided in section 16 of this act, and in case any county assessor shall fail to make the report required by this act, or shall negligently fail to include in such report any employer engaged in extra hazardous business or industry and State treas urer. |