Weekly Caledonian. (St. Johnsbury, Vt.) 1919-1920, 1919-04-23
NO. 159
AN ACT TO AMEND CERTAIN
SECTIONS OF THE GENERAL
LAWS, RELATING TO WORK
MEMS COMPENSATION.

AN All ~ hMENlj NEN AIN
SECTIONS OF THE GENERAL
LAWS, RELATING TO WORK
MEMS COMPENSATION.
1t is hereby enacted by the General
Assembly of the State of Vermont:
Section I. The first paragraph of
section s7SS of the General Laws is
hereby amended so as to read as fol-
| lows:
Sec. 5788. 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-five,
for the periods stated against such in
juries respectively, but in no case to ex-
coed the period of two hundred and
sixty weeks. which compensation shall
be i'll lieu of all other benefits except
those provided in section five thousand
seven hundred and eighty-four.
Sec. 2. Section s788 of the General
Laws, is hereby amended by adding at
the end thereof new subdivision as
follows:
XXI. In event an employee shall re-
ccivc all injury which results in the per-
mancnt impairment of any physical func-
ton not herein specifically mentioned,
the commissioner of industries shall de-
terlninc the percentage of loss and
ward compensation accordingly.
Sec g. 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 shortncss 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 em-
ployment, it is lmpracticable 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 a person
is not so employed, by person in the
same grade employed i'll 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.tlian 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 a. Section $500 of the General
Laws is hereby amended so as to read
as follows:
Sec. $3.50. A proceeding under the
provisions of this chapter for compen-
sation shall not be maintained unless
notice of the injury has been given to
the employer as soon as practicable after |
the happening thereof. and unless claim |
for compensation with respect to an in
jury has been made within six months |
after the date of the injury; or, in case
of death. then within six months after |
such death, whether or not claim has |
been made by the employee himself for
compensation. Such notice and such
claim may be given or made by any per-
son claiming to be entitled to compen-
sation or by some one i'll his behalf. If
payments of compensation have been
made voluntarily the making of a claim
within such period shall not be required
But in case. through mistake of law
or fact. suit or suits shall have been
brought to recover damages in any court
and final judgment is against the en-
ployec. the above limitation shall not
begin to run until six months after such |
suit or suits shall have been finally |
determined.
Sec. S. Section $500 OF the General
Laws is hereby amended so as to read
as follows:
Sec. $780, If the compensation is not
fixed by agreement, either party may
apply to said commissioner for hearing
and award in the premises; and said
commissioner shall set time and place
for hearing and give at least six days
notice thereof to the parties. Such
hearing shall be held at the county seat
in the county within which the injury