The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-02-08
COMPENSATION
ACT IN SENATE
JAMES MoRIARTY BILL, PRO-
TEcTlNG EMPLOYEES IN VAR
IoUs INDUSTRIES is IN.
PRODUCED.

IL Is known as the Moriarty- james
bill.
The bill covers and protects all en-
ployees on railways and i'm railway
yards and buildings; i'm factories and
furnaces; in electric light and water
power plants; in manufacturing estab-
llshments; all men employed i'm mines
and quarries and appurtenant build
ings; those engaged in building. in
electric and engineering work, and also
other classes of hazardous employ
ment.
The system of compensation for in
iurcd employees which is provides is
made compulsory on both employers
and employees. and the compensation
must be given in all cases, regardless
of negligence, unless the injury re-
suits from intoxication on the part of
the employee, or a manifestly delib-
crate intention to get hurt for the pur-
pose or obtaining the benefits for
which the bill makes provision.
The compensation is to include medi-
ing 800, and in case of death funeral
expenses not to exceed that amount. If
there are no dependent relatives this is
all that Is paid.
In case there are relatives depen-
dent. in whole or in part, on the in
iured man for support the scale of
compensation is as follows
In case of death resulting from the
injury, payment Of sixty-slx and two
thirds per cent of the weekly or
monthly wages, payable at the same
intervals the wages were paid, and to
continue for six years, but not to ex-
coed $4,000 in the aggregate, to go to
the dependent family or relatives. If
the surviving relatives were only par
TALLY dependent on the earnings of the
deceased they are to receive a proper
tionate amount of such compensa-
ton. Under the plan proposed the
widow. If she is not living. it is to
be paid to the guardian of the chill
dren, and If these are no children II
is made payable to the father and
mother, or other relatives, of the de-
ceased
When temporary or permanent to-
tai disability results from the injury
the compensation is at the same rate
as when there is fatal issue, payable
in like manner and continuing during
such disability for not more than eight
years, and not to exceed in amount a
total of $4,000.
II the disability is partial-that is,
such as not to entirely impair the in
jured mans earnings capacity-he is to
be paid a sum equivalent to so per cent
of his decreased earnings, payment in
cases of this kind, however, not to
continue longer than eight years and
not to exceed i'm total amount $4,000.
Probate courts are to be given au-
thority, i'm special cases where the cir
cumstances may render il advisable,
to commute these monthly payments
into a lump sum paid down to the
widow, guardian or relatives, the
amount to be thus paid being based
on the value thereof at the time of set
Element at an interest rate of per
cent. The amount of compensation
may, within the limits above stated be
increased or diminished according to
changes in the physical condition of
the injured employee
If the employer has knowledge of
the accident no notice to him is nee
essary, but otherwise the employee is
required to give notice within ninety
days of the time of the injury or no
compensation is allowed. The bill pro-
vides for a joint medical examination
If desired.
In case of disagreements under this
act simple method of arbitration is
provided. The injured workman and
his employer each selects disinter-
ested party and the judge of the pro-
bate court appoints a third disinterest-
ed party and these three constitute a
board OF arbitrator to settle all dis
puted questions. In case either party
refuses to appoint such arbitrator the
judge of probate may do So The board
is given full power to investigate the
facts and its findings. when reduced
to writing and signed by at least two
of the board. may be filed with the
clerk of the circuit court when the
workman, upon giving five days no.
tice. may apply for judgment. Such
judgment. when entered. shall have the
same effect as though rendered I'm an
action tried in court in the usual way.
Either party may. before judgment
is entered, move to have the findings
of the arbitrators vacated and set
aside. but such an order may be made
only for errors of law or on a show
ing of fraud or gross error of the arr
bitrators. II the application is granted
for any cause other than want Of jur-
isdiction. new hearing shall be grant
ed before the same or other arbitra-
tors.
The compensation allowed under
this act Is to constitute a lien upon
the assets OF the employer in the same
manner as labor claims are lien at
present. and such compensation is not
subject to attachment or punishment,
and is not assignable. No attorney