Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1912-11-22
FEDERAL WORKMEN'S
COMPENSATION ACT
Solicitor Earl OF the nenartment Of
Commerce and Labor on It's Op-
GRAFTON

Solicitor Charles E.lfl. Of the De
partment OF Commeree aud Labor
submitted to Secretary Nagel. Of that
department, compilation OF his
opinions dealing VITA the govern.
ment workmcu's Compensation act
under which compensation h grant.
ed for injuries 80 artisans or labor.
ers employed by the United States.
This is the pioneer among compen
sation acts in THIS country. Since
its enactment 1e states have passed
laws OF a similar character, and the
number is likely to be Increased dur.
ing the coming SESSIONS OF state leg
islatures. The very general public
interest which attaches 90 such les.
islation led Secretary Marcel 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 contrasled with law
giving a right 70 sue for damages
Tho money benefits paid under this
act between Aug ! 1908. when Il be
came effective. and bcc !. 1911. az
gregated s704.S1460 paid 10 injured
persons on account OF uou.fatal in
iuries Since December 1911. add.
tional benefits amounting TO nearly
100000 have been pale During the
first year after the passages of the
act, 1905 CLAIMS we're submitted. OF
which 1859 were allowed During the
second year 2624 claims were sub
mitted and 2l99 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 II
he continued to be employed, except
whera the injury was due 10 his
own negligence or misconduct II the
injury results in death during the
payablo 70 the widow or children or
dependent parent The act Is ad-
mnistered 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 20 when a CLAIM 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-
tablishment of single and direct
mode OF procedure. whereby teohni-
calities and delays are avoided and
the relief 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 a time when the bread win
ner is stricken and Troney is most
needed, without forcin~ the claimant
to pursue an elaborate, expensive
and dlatory process of proof, is one
Of the striking benefits of the act.
Being IN its nature a remedial sta
tue 1t is rightly susceptible Of q lib
eral Interpretation, as contrasted
with 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
It beyond its terms