The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-20

railroads in the District of Columbia
1t would exclude from compensation
the first fourteen calendar days, ex-
cept that the employer is to furnish
all nee Ssary medical and surgical aid
including hospital services, and is to
continue to so furnish after the four
teen days under specific provisions.
Thirty Days Notice.
The employee or his dependent must
within thirty days, except under GER
tain contingencies which extend the
limit to ninety days After the four
teen day period following the injury
employer and employee are to agree
in writing on a settlement; arbitra-
ton committees may be organized
by them to settle disputes and award
compensation, subject to review with
in two years An "adjuster OF accident
insurance to be appointed by each
United States district court for four
year terms at from $1,000 to 900
annually. Either party may petition
is to report his finding to the court
Right to compensation is forfeited by
an employee as long as he refuses
physical examination by the employ
er'S physician.
Jury trial rights are preserved but
are to be deemed waived except on
demand The adjuster or the court
will fix the compensation OF counSe1
for the employee. Provision - made
for appeals to the circuit court of ap-
peals and to the supreme court, and
for guardians to ACT ON g@n@n OF IN
fants, under eighteen or CO mentally
incompetent.
The measure would prohibit as
signments of any cause OK action or
payments due or to become due and
exempts all such liability and pay
ments from levy or SALE.
The compensation Is first lien on
IN 10 NJ
solvency.
The governments right to enforce
penalty is not to be affected by the
act If any injury or death IS caused
under circumstances creating iegal
liability for damages by any otner car
rier the employer lis subrogated TO
the rights of the employee ana may
maintain an action to recover dam
ages not exceeding the compensation
payable to the employee. No con-
tract, or device of any kind IS to op-
crate to relieve the employer from any
liability under the act. The monthly
wages are to be considered as not
more than 500 nor less than sou
month, with certain exceptions.
Monthly payments of death benefits
are to be made for eight years thus:
A widow alone, forty per cent or
the monthly wages; widow and chllu
under sixteen or otherwise dependent
fifty per cent; any child under 10 or
dependent 20 per cent, and 10 per cent
for each additional child; payments, II
the widow dies or remarrles Wltnlh
eight years to be continued to the
children. if any, for the unexpired
period. IF no widow or children Is
per cent to partially dependents, ana
20 per cent to one wholly dependent
parent, and 40 per cent If both par
ents are dependent In the absence
of these dependents, provisions are
made for brother, sister, grandparent,
or grandchild as dependents.
Basis of Compensation.
Personal injury compensation is
made on the basis of SO per cent of
monthly wages for life for permanent
total disability and so per cent during
temporary total disability For loss
of an arm payments are to continue Z
months a leg IS months, an eye 30
months, a thumb months. No pay
ments are to be made while the en-
ployee is at work at wages 80 per cent
OF those he received at the time OF
his injury. The com mission made /
provision for contribution of payments
by Joint employers for defining the |
different beneficiaries under the act, |
for modes of payment of compensa-
ton.
Among the points contended and dis
cussed by the commission in its report
are these:
Congress has the constitutional power
to pass this proposed legislation 1t is a
regulation of interstate and foreign com
merce. 1t does not constitute a denial OF
due process. The common law system OF |
employers liability based upon negli- |
gence. is filled with evils and incongrui- !
ties and wasteful and "the greater pro- |
portion of the money paid in satisfaction |
goes into the pockets of counsel who ex-
act their compensation in the form of eX- |
orbitant contingent fees and in various |
ways is consumed in passing from the !
company's treasury to the hands of the t
employee or DEPENDENT The proposed /
statute is not Objectionable because it in |
cludes employees not engaged in the |
hazardous part of employment The law |
would be compulsory, going into opera |
ton irrespective of the consent of the en- |
ployers and employees covered by it.