Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-01-15
NEW INDUSTRIAL COMM SSioNER
BUMPS UP AGAINST SEW
ERAL PROBLEMS.
DOCTOR AND HOSPITAL
BILLS SECTION CoNFUSES
Confusion in Regard to Liability For
Injuries to Men Whose Services Are
Farmed Out to Another Employer
interesting Ruling Concerning Rail-
way Employees.
Snecial 10 Times Repuhlica n.

Des Moines. Jan. 15.-Many interest
ing points come up in the interpreta-
tion OF the workmens compensation
law. industrial Commissioner A. B.
Funk recently raised number OF
questions with reference 10 the inter
probation o. the Jaw. These have been
referred 70 Assistant Attorney General
Henry Sampson, who has been making
an especial study al this law.
one question Mich has just been
raised Is concerning the liability OF an
employer for the doctor bill and burial
expense of AN Elm ploye whose death oc
ours from an injury received during
the course OF his employment and the
compensation after his death. Under
the law the employer is required TO
furnish reasonable surgical, medical
and hospital services and supplies not
exceeding 500. and where the injury
causes death the compensation shall be
as follows: The employer shall, in ad-
dition TO any other compensation, pay
the reasonable expense OF the en-
ploye's last sickness and burial, not
to exceed 500. II death results from"
the injury. the employer shall pay the
d. pendants of the employee wholly de-
pendent upon his earnings for support
at the time OF the injury weekly pay
ment equal to 30 per cent Of his aver
age weekly wage. but not more than
$40 nor less than s. for period of not
more than three hundred weeks" 2
Interesting Point.
Another case which has recently
arisen is as TO who is liable when .
concern allows it's employees to work
for another person during slack season
and an injury occurs, the men being
all the time on the pay roll OF their
original employer and this employer
receiving pay from the concern to
whom ne lends his men In This cas-"
the original employer is liable, Mr..
Sampson says.
The case In point was where Longer.
bone Bros. excavating contractors.
hired teams and men ont to Frank
Cram & Sons in Des Moines Thc
latter firm paid Longerhone Bros. for
the work the men did and Longer
bone Bros in turn paid their own men.
An injury occurred and Longerbone
| Bros. were held liable.
Mr.. Sampson rules that traumatiC
hernia is covered by The compensation
act. or hernia which results from IN
| turies received IN the course OF en-
! ployrnent.
As 70 injuries received hy railway
| employees an interesting ruling has re-
Gently been made by Chief Justice
Gummere Of New Jersey. He held
that all Injuries sustained by employees
Of railway companies engaged In In
terstate commerce are not covered by
the federal employers liability act In
| the course of his opinion he said: The
question then ts whether the widow OF
an employee of a common carrier. en-
gagged in Interstate commerce VINO
comes 10 his death while he is en-
ployed by such a carrier In such COM
merce. must in all cases bring her ac-
ton TO recover compensation. under
the fed eral employers liability act
| The question. we think. must be an
| swered In the negative.