Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-10-28
SHOWS GOOD IN LAW
Solicitor Earl Discusses Work.
mems Compensation Act.
WOULD EXTEND BENEFITS
Over 1900 Accidents Reported I'm
der Statute in Three Years, With
But 5000 Claims.

Artisans and laborers employed by the
United States government are expected
to find much of interest to them in the
compilation of opinions just submitted by
Solicitor Earl of the Department of Com
cerce and Labor 20 Secretary Nagel. in
connection with what Is known as the
general workmen's compensation act.
This Is the pioneer among compensa-
ton acts in this country. Since it's en-
actment sixteen states have passed laws
of similar character. The general in
teres- which attaches to such legislation
led Secretary Nagel. last July. to direct
the publication of the solicitors opinions
under the act as illustrating the con-
struction and application of a law pro-
vidng compensation as contraSted with
law giving a right to- sue for damages.
The opinions are now in course of pub
lication by the department., which will
issue the volume within a week or two
The money benefits under the act be-
tween August 1, 1905. when 1t became
effective, and December /, 1911, aggre-
gated S7O4. S14.6 Go paid to injured persons
on account of non-fatal injuries. and
$112.0I9O2 paid to surviving dependents
on account of fatal injuries. Since De-
Cember. 1911. additional benefits amount
ing to nearly $4,000 have been paid.
During the first year after the passage of
which 1859 were allowed During the
second year. 1924 claims were submitted
and ., $50 allowed.
Application of Statute.
The present statute applies only to ar
tisans or labOrers employed in certain
specified branches of the public service or
In certain hazardous occupations under
the government. Any workman covered
by the act who is injured in the course
of his employment is entitled to receive
for one year thereafter. unless sooner
able to resume work, the same pay as II
he continued to be employed, except
where the injury was due to his own
negligence or misconduct. If the injury
results in death during the year the COM
pensation allowed is payable to the Wild
or children or dependent parent.
The solicitor emphasizes that feature
of the act which permits the establish
ment of simple and direct mode Of pro-
cedure. whereby technicalities and de-
lays are avoided and the relief provided
can be speedily given. and the further fea-
ture whereby the government is forbid
den to exempt itself from liability by any
contract. agreement, rule or regulation.
Solicitors Statement.
In this connection he says:
The present payment of compensation
dt a time when the DredQWlNnef Is StrlCh-
en- and money is most needed. without
forcing the claimant to pursue an elabo-
rate. expensive and dilatory process of
proof. is one Of the striking benefits of
the act. Being in its nature remedial
statute. it is rightly susceptible of a lib
eral Interpretation, as contraSted with
strict Interpretation, in order to bring
home the benefits intended. Such has
been the Interpretation regularly applied
by the Secretary of Commerce and La
Dor. without. of course, disregarding any
of the limitations of the statute or ex-
tending it beyond its terms"
In speaking further of the nature and
benefits of the act, the solicitor states
that 1t marks a distinct step in advance,
and Substitutes an enlightened modern
view for certain obsolete doctrines of
the common law, since 1t not only gives
a remedy where none existed before. but
il valves the right of the government to
exemption from liability, and dispenses
with the necessity of appeals to Congress
iii individual cases
The solicitor states that over 1900 ac-
cidents were reported under the act dur
ing the first three years Of it's operation,
whereas only about 5000 claims were
filed, due to the limited scope Of the
law. and strongly urges this as an indi-
cation of the need of extending the bene-
fits OF the act by supplementary legis-
lation. Such legislation has. in fact, been
recommended by the Secretary of Com
merce and Labor, and measures designed
to enlarge the scope of the act are
now pending in Congress.