Norwich bulletin., 1913-11-15
EXPLAINED WORKINGS OF COMPENSATION ACT
Frank B. MerrsIIs Told Hartford In.
 surance Men How 1t Applies.

In view of the number of persons to be affected by the new Workmen's s compensation act, which goes into eff = feet on the first of January, and for which Dr. J. J. Donohue is the com missioner for this district, which com prises the eastern end of Connecticut, information on the subject is generally sought.
 How the law is intended to work was explained this week by Frederick B. Merrells of the liability claim depart ment of a Hartford Insurance com pany, who spoke before members of the Insurance Institute of Hartford. Concerning the question of dependence in fatal cases MT. Merrells said:
 The whole philosophy of compen- sation is to transfer the financial bur den caused by the injuries due to in- dr5trial accidents from the depend ents and the general public to the in dustries in which they arise. Some human relationships create depend ency without proof; in others, it is a question of fact. Burial expenses are allowed up to $100, and a unique and perhaps unconstitutional provision re- quires the payment of $750 to the state where there are no dependents'
 Fellow Servant Rule.
 Reference was made to the large number of injuries occurring during employment which are due to the neg ligence of some one other than the em- ployer, or fellow servants of the in- jured Examples arise most fre- quentIy, perhaps, in the building trades he said, where the employees Of another contractor cause the in Jury to the WOrkmen who are entitled to compensation from their own em- ployer. In such cases, the injured party can choose between his two h1If f.e,r ,rDA L, takes compensation, his rights against the third party pass to his employer, and the latter is entitled to recover ful damages, reimburse himself for the compensation paid, and the costs of the suit, and then is required to turn any balance over to the injured party When we remember that in negligence suit full wages and .ex- penses, and sometimes d large amount for pain and suffering. are often awarded by jury, the claim against the third party may be much more val uable than mere compensation.
 As an additional protection to the employees, their claims for compensa- tion are made a preferred charge against their employers in cases of in- solvencY as their regular wages are. and the employer cannot contract to others his usual business operations in whole or in part.
 State Supervision.
 AS to state supervision of the law, it is quite complete. The employer is subject to a substantial fine if he vio- dates the terms of the act, and he cannot contract with his employees to take less than the act allows. He must report all accidents resulting In more than one days disability to the proper state officer, and at the lat ters request keep him advised of the condition of injured employees. The proper officer probably will be the compensation commissioner in whose jurisdiction the accident may occur.
 ''The commissioners judicial author ty may be exercised when the parties cannot agree, and his rulings in default of appeal have the same authority as do those of the superior court He is paid by the state and is to keep for the state records which will show the workings of the law, and he has judi ciaI authority to summon witnesses, and pehaps to compel their attendance He may authorize less frequent payments than weekly or may commute them into enc lump sum. with due regard to the value of money. All fees of phy- siciahs attorneys, er other persons moreover, are subject to his approval Where an employe insures his obli-