Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-04-23
NO. 159
AN ACT TO AMEND CERTAIN
SECTIONS OF THE GENERAL
LAWS, RELATING TO WORK
MEMS COMPENSATION.

| SECTIONS OF The GENERAL
LAWS, RELATING TO WORK
MEMS COMPENSATION.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section l.. The first paragraph of
section 57SS of the General Laws is
hereby amended so as to read as fol-
lows:
Sec. s7sS. Compensation; specific
benefits. In case of the following in
juries, the compensation shall be fifty
per cent of the average weekly wage of
the injured employee during total dis
ability, to be computed as provided in
section five thousand seven hundred and
ninety, and at the termination Of the
total disability occasioned by said in
juries, the employer shall pay to said
injured employee fifty per cent of the
average weekly wages, computed as
above, and subject to the maximum and
minimum as provided in section five
thousand seven hundred and eighty-hve,
for the periods stated against such in
jures respectively but in no case to ex-
coed the period of two hundred and
sixty weeks, which compensation shall
be in lieu of all other benefits except
those provided in section five thousand
seven hundred and eghty-four.
Sec. 2. Section 57SS of the General
Laws, is hereby amended by adding at
the end thereof a new subdivision as
follows:
XXI In event an employe shall re-
ceive an injury which results in the per-
manent impairment of any physical func
ton not herein specifically mentioned,
the commissioner of industries shall de-
termine the percentage of loss and
ward compensation accordingly.
Sec. 3. Section $500 of the General
Laws is hereby amended so as to read
as follows:
Sec. $500. Average weekly wages
shall be computed in such manner as
is best calculated to give the average
weekly earnings of the workman dur
ing the twelve weeks preceding his in
jury; provided that where, by reason
of the shortness of the time during
which the workman has been in the en-
ployment, or the casual nature OF the
employment, or the terms of the EN-
ployment, it is impracticable to compute
the rate of remuneration, regard may
be had to the average weekly earnings
which, during the twelve weeks previous
to the injury, were being earned by a
person in the same grade employed at
the same work by the employer OF the
injured workman, or if such person
is not so employed, by person in the
} same grade employed in the same class
of employment and in the same district.
If workman at the time of the injury
: is regularly employed in higher grade
of work than formerly during the twelve
| weeks preceding such injury and with
, larger regular wages, only such larger
wages shall be taken into consideration
in computing his average weekly wages
if during said period of twelve weeks
! an injured employee has been absent
= from his employment on account OF
] sickness, then only such time during
; said period as he was able to work shall
, be taken into consideration in determin-
ing his average weekly wage.
Sec. 4. Section 500 of the General
! Laws is hereby amended so as to read
= as follows:
, Sec $500 A proceeding under the
+ provisions of this chapter for compen-
t sation shall not be maintained unless
t notice of the injury has been given tc
r the employer as soon as practicable after
C the happening thereof and unless CLAIM
4 for compensation with respect to an in
| jury has been made within six months
= after the date of the injury; or, in cast
VI hCdlli, luSll WitliIi oiN immune
! such death, whether or not claim has
t been made by the employee himself fol
4 compensation. Such notice and sucf
c claim may be given or made by any per
j son claiming to be entitled to compen
sation or by some one in his behalf. /
f payments of compensation have beer
c made voluntarily the making of CLAIM
5 within such period shall not be required
: But in case, through mistake of law
or fact suit or suits shall have beer
5. brought to recover damages in any cour
C and final judgment is against the EN-
r, ployee, the above limitation shall no
It begin to run until six months after sucl
d suit or suits shall have been hnall,
e determined
o Sec S. Section $500 of the Genera
5, Laws is hereby amended so as to real
# as follows:
J. Sec $500, If the compensation is no
II fixed by agreement, either party ma,
y apply to said commissioner for hearing
r and award in the premises; and SAT-
is commissioner shall set time and plac
l. for hearing and give at least six days
is notice thereof to the parties Sucl
hearing shall be held at the county sea
t. in the county within which the injur,