El Paso herald. (El Paso, Tex.) 1901-1931, 1913-07-05


of its total into the Iund, against 10
percent from the employees. The fund
was to be administered by q political
board of three, a bipartisan board, with
salaries of but $4,000 a year, but with
unlimited expense accounts, which would
sit at Hartford for public hearings in
the same old eXtTavagaut fashion. The
basis of compensation was to be 66 %
percent of the average weekly wage,
which was to be determined by the board
arbitrarily where the other two bills
made this computation specific on the
actual earnings Of the previous year.
Provisions Of the BIZ as Passed
Each man knew his subject thor
oughIy and each was broad enough to
see the viewpoint Of the ether and
agree to the judgment of the referee,
Professor Fisher It took many long
hour, but each OF the four felt that the
time was ripe for compensation act
which would be the model so many of
ConnecticUts laws have been, and their
optimism and belief in the final re-
suit never waned-
The committee voted unanimously to
report the bill as prepared by Professor
Fisher and the general assembly passed
it in just that form, except for some
verbal amendments, suggested 1y gov
ernOr Baldwin, in the interest of
clarity and brevity-
To begin with, the new law applies
OF
plOyes. 1t preSumes its own acceptance
as mutual agreement between every
contracting employer and emplOye un-
less otherwise stated in writing. At
the outset it abolishes those timeworn
bulwarks of the employer unwilling to
compensate a workman Tor injury the
common law defences OF cOntributOry
negligence. negligence Of q fellow serV-
ant and the assumption of risk, If the
employer does not accept the work
mems compensation portion of the law
He may not OF he may withdraw by
written or printed notice, and the work
man may do the same, but the employer
IS uable Tor damages for personal in
jury IN that case and goes into court
stripped or his legal armor; and If the
enplOye IS the one who refuses TO &C
cept, when the employer is willing, he
loses all protection of the abolition Of
these defences and automatically places
me employer once more behind the
breastworks.
The principal employer is liable
rather than contractor or sub-cou-
tractor, and when there is a third party
legally liable FOR damages, the injured
may choose between his rights of
action against such third person and
compensation from his employer under
the law If he chooses the latter his
rights OF recovery pass to the employer.
For compensation to be due the in
jury must 1ncapacitate the emplOye for
more than two weeks, but If it does the
compensation begins on the fifteenth
must be given by the empIoye or
someone for him, TO the employer with
IN 80 days after II occurs but he has
a year within which to claim compensa-
ton The employer must report the
accident to the commissioner. but the
latter comes into the situation only
when employer and injured workman
cannot agree on the compensation
The Spirit Of Framing.
Every lnducement is offered by the
law for these two to adjust the matter
d ern ~rT.a So u L.
tually they viii do that to an extent
where five commissioners will not be
enceSsary and their number can be re-
duced from lack of work for them to
do until there is but one needed for the
entire state Altruistic, that idea. per-
haps-even idealfStic-but the spirit in
which this law has been framed means
something.
The employer is required to furnish
medical and surgical care, and even
hospital service, for 90 days after the
injury. or the injured person may pro-
vide this al his own expense. If he
neglects to either accept or provide it.
his rights OF compensation are sUs-
pended
For partial incapacity the injured
ernplOye receives half the difference be
tween what he earned before he was
hurt and what he is able TO earn after
ward Tor six years, not longer. For
total incapacity to perform any work
the injured receives half his average
weekly earnings at the time Of the in
j
case IS the compensation to be more
than SO a week or less than s. a week. /
It ought to be said that the basis of
compensation is much mOOted point
and the general trend has been TO take
the average for the previous year, but
the conclusion was reached in Con-
nec1cut that this was too long a period
and the previous &c weeks were final
" made the basis Of the average
For fatal Injuries the dependents Of
the deceased receive Sl00 for burial ex-
penses and one-half the deceased aver
age weekly earnings, IN case Of total
depeoences or prOpOruOnately less as
the dependence becomes less, for not
more than six years Ten dollars a
week IS the maximum and IS the min
imum, here, too.
The loss of both eyes. both feet. both
hands, one hand and one foot paralysis
OF limbs in like pairs or incurable i'm
becility OF insanity from injury are
classed as total disability.
There are stated terms for COmpen-
ranging from EOS weeks for the loss
Of an arm or the permanent loss Of its
use to IS weeks for the loss of any
toe but the great toe.
Procedure Under the Act.
One commissioner who feels himself
disqualified TO sit in matter may call
in one from another district. For the
legal enforcement Of the act, when re-
quired, the commissioner or the COM
mission may apply to the superior court
eraL
When an accident occurs the injured
workman and his employer meet and
endeavOr to adjust the matter. If they
succeed, they file their agreement with
their district commissioner and If IL
conforms to the requirements Of the
law he approves IL and files il. Either
party may notify the commissioner OF
failure TO agree and then he appoints
date for a hearing, where either
party may be represented by counsel,
but where no formal pleadings are re-
qutrcd. Nor are there any costs to
either Darty-un1ess he wishes tram
scripts Of evidence OF findings or other
matter Of record, which are to be fur
nished at cost
Appeals from the commissioners
award NAV be taken TO the superior
court Of the county where the injury
occurred at any time within 10 days
Of ! Is filing, and without costs to either
party
With the approval Of the state in
surance commissioner employers may
substitute for the compensation act
ether systems Of compensation, bene-
lit CT insurance, but his approval viii
be withheld unless the substitute con-
1ers equal benefits or if II is Obliga-
tory 10 join in it as a condition of
employment or there is no provision
for their Withdrawal and the distribu-
~ 10 rTas-Hf Hrr#sl al &