Evening journal., 1917-02-05
EMPLOYERS LIABILITY And WORKMENS
COMPENSATION BILL in LEGISLATURE:
COMMERCE CHAMBER HAS IT PREPARED

make weekly payments to the injured
employee, or his dependents.
Industrial Accident BOard.
The act Is to be administered by an
Industrial Accident Board, OF three
members. appointed by the Judges
constituting the Supreme Court. The
provisions are substantially the same
as tho 1913 bill, except that Il Is some
what differently arranged and cures
certain defects. For instance, no pro-
vision was made as to who should Is
sue suhpoenas. or what clerical help
could be employed, nor was the per-
son mourning expense required to
take an affidavit as to the correctness
OF the expense account.
Insurance Of Compensation.
While this subject has been prev
iously referred to under certain prev
ious headings, I deem Il advisable to
give this matter some further consid-
Grafton.
At the various meetings OF the
Commission which drafted the 1913
Dill, the subject OF Insurance OF COM
pensation was considered and 10 was
decided that inasmuch as only two or
three States had then provided for in
surance OF compensation. Il might be
better TO let the subject Of insurance
wait for the experience OF other
States. Since that date, practically
every State in the Union, having a
workmen's compensation law. has
provided for the Insurance OF the pay
ment OF compensation. and some Of
the states have made provision for
a State insurance fund. The act un-
der consideration provides three
methods OF insurance:
/ (a) In a company authorized to
transact compensation insurance in
/ this State which shall have been ap-
proved by the Industrial Accident
Board.
% BY the employer carrying HIS
own Insurance upon satisfactory
proof to the Industrial Accident Board
OF his ability to do so.
(c) Mutual insurance associations
made up Of employers. subject, how
ever. to the approval OF the Industrial
Accident Board.
Provision Is made that n the EN-.
! ployer neglects TO insure he shall be
guilty OF a misdemeanor. and punish
able. and that he shall also be de-
prived Of the defenses OF assumption
Of risk. negligence OF fellow servant
and contributory negligence. in case
an action at law Is brought against
him. All policies must contain a
clause that notice to or knowledge OF
the occurrence Of an injury on the
part of the insured shall be deemed
To be notice or knowledge OF the In
NJ
ton over tho employer shall be JUS
isdictlon over the insurance company
and that the insurance company shall
be bound by all judgments against M
employer. The policies must also pro
vide that the insurance company VII
pay all benefits covered by the &C
directly to tho injured employe, o
his dependents.
= Liability Of Contractor and Sub-Cor
tractor.
! The bill provides that no cOntracto
: or cub-cOntractor shall receive CON
7 pensation, but shall be deemed TO.
B an employer and that all employe
must look TO their immediate EN-
ployer for compensation. This item /
not covered by the 1913 BILL but
has been deemed advisable 70 inser
it In order that the employer ma,
definitely know to whom he is liable
and the employe may definitely know
to whom TO look for compensation.
Joint Liability.
Tie 1918 bill provides that when al
employe is working for two employ
ers and is injured, the one for whom
he is working at the time OF the IN
Jury shall be liable for compensation
THE bill under consideration divide
the liability among the employers &C
cording to their wage liability.
Refusal Of Injured EmplOye 10 Accepi
Employment.
The 1913 bill makes no provision OF
this subject. The bill under consid
Grafton provides that n an injured EN-
ploye refuses employment suitable Z,
his capacity, he shall not be entitled
to compensation during the continu
ance of such refusal. In case Of dis
pute. the matter is determined by thu
Industrial Accident Board.