Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-11-23
FEDERAL WORgMEN'S
COMPENSATION ACT
Solicitor Earl Of TIE Department Of
Commerce and Labor on It's Oh.
GRAFTON

solicitor Charles Earl. Of the De
partment OF Commerce and Labor
submitted to Secretarv Nagel, OF that
department. a compilation II his
opinions dealing With the Govern.
ment workmens Compensation act.
under which compensation it grant
ed for injuries TO artisans or labor.
ers employed BY the United States.
This is the pioneer among compen.
sation acts II. this country. Since
its enactment. 16 states have passed
laws Of similar character and the
number is likely 70 be increased dur.
ing the coming sessions Of state leg.
islatures. The very general public
interest which attaches 10 such leg
islation led Secretary Naeel last
July 10 direct the publication Of the
solicitors opinions under this act,
as illustrating the construction and
application of law providing COM
pensation as contrasted with a law
giving a right 10 sue for damages.
The money benefits paid under this
act between Aug. /, 1908, when il be-
came effective. and Dec. 1, 1911, ag
gregated $7o4.S146o paid to injured
persons on account OF non-fatal in.
juries Since December, 1911, add
tional benefits amounting TO nearly
sSO0000 have been pafr During the
first year after the passages Of the
act, 1905 CLAIMS we're submitted, Of
which 1859 were allowed During the
second year, 1924 claims were sub
mitted and 2499 allowed
The present statute applies only
to artisans or laborers employed In
certain specified branches of the pub
lie service, or in certain hazardous
| occupations under the government.
Any workman covered by the act who
is injured in the course OF his employ
ment is entitled TO receive for one
year thereafter, unless sooner able
to resume work, the s~me pay as IL
he continued to be employed, except
whera the injury was due to his
own negligence or misconduct. If the
injury results In death during the
payable TO the widow or children or
dependent parent The act Is adj
mihistered by the secretary of com
merce and labor. who Is authorized
to decide all questions OF negligence
or misconduct who is made the sole
judge as TO when a clam is estab-
lished, and whose decision is final.
Payment of compensation under the
Act is made from the ordinary cur
rent appropriation for salaries.
The solicitor emphasizes that fea-
ture OF the act which permits the es-
Enlistment OF a single and direct
mode of procedure, whereby techni-
calities and delays are avoided and
the rehef provided can be speedily
given, and the further feature, where
by the government Is forbidden to
exempt from liability by any con
tract, agreement rule or regula-
ton. In this connection he says.
"The prompt payment Of compen.
sation at time when the bread win
ner is stricken and money Is most
needed, without forcinx the claimant
TO pursue an elaborate, expensive
and dilatory process Of proof is one
OF the striking benefits of the act
Being in its nature a remedial sta
tue. it Is rightly susceptible of a lib
eral Interpretation, as contrasted
with a strict Interpretation, in order
to bring home the benefits intended
Such has been the Interpretation reg
ularly applied by the secretary of
commerce and labor, without, Of
course, disregarding any Of the lin
itations Of the statue, or extending
ii beyond its terms"