New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-07-02
Compensation
Amendments
Now: i'm Effect
Changes in Labor Legis.
lation Became Effective
Yesterday; Many Pro.
visions Bear on Realty
By Rosalie Loew Whitney
State Industrial Con,unissio,,


those interested in real estate be in.
formed regarding these changes. Tho
act as amended became effectjva YES.
terday.
A section which I think is particu-
iarly important to re\lty interest. i.
No. Sc of the new act. which il Chan.
ter 615 Of the Laws Of 1922. Section
NO. b6 provides that contractor. thu
subject of whose contract is an en-
p!oyment covered by the compensation
law, who sub-contracts all or anv
part Of the contract, shall be liable
lot and snail pay compensation to any
employee injured whose injuries arose
out OF and in the course of such en-
ployment, unless the sub-contractor
mas secured compensation as provided
by law. In other words, a contractor
must assure himself that the sub
contractor Is covered, and if he is not
covered by compensation the contractor
is liable for the same.
The question has arisen whether tbi,
statute will affect the work done ON
an owners home. The compensation
law now, as 1t has from the beginning.
apples only to work carried on "for
pecunlary gain" and it has been held
mat work done upon mans home
which involves no pecuniary gain ia
not one Of the employments covered.
IN other words, man who hires an
!ndivldual or individuals to do some
JOB on his own home, no part Of which
ne rents, is not required to pay COM
pensatlon for an injury because the
work IS not carried on for pecuniary
gain to the owner. On the other hand.
1t an owner makes contract for anv
such work the contractor is liable TO
MS employees. and under the new
statute the same contractor is liable
TO any employee of the sub-contractor
unless the sub-contractor primarily
liable has secured compensation.
Another important change in the
act Is the eoverage provision, namely
the empioyments now covered by com
pensation and for which the statute
imposes compulsory insurance. Here
tofore. these employments were known
as groups, and each year the Lerisla-
ture added one or more new rrouns.
and there was no attempt at classifica-
ton of the kinds of work covered. Tho
amended law divides the employments
into groups according to the nature Of
the occupation, and it is believed that
there are probably some employments
now covered which may not have been
covered before.
Office Workers Not Included Unless
Ono Of the broadcast groups hereto A
fore added to the law was by the
amendment of 1918 by which employ Y
ments in which there were four or
more workmen or operatives employed
became coverable by the law. This
section Is continued in the new law.
There is no phase Of tho real estate or
building business that is therefore
added necessarily to the law. Office
workers of any kind where there are
four or more persons employed are
not necessarily in this group unlsss
there are four or more persons who
may be called workmen or operatives.
This section came up for interpreta-
ton in connection with tho Wall Street
explosion. A messenger for a bond
house was killed; compensation was
asked by his dependents. Tho depart
ment held that 1t was a proper case
for compensation on the ground that
there were four or more persons en-
There WAS undisputed evidence that
the employers had about forty en-
ployees on an average and that these
were clerks, statesmen and stenog-
raphers. Upon an analysis of their
work 1t developed there were twelve
or fourteen messengers with various
duties including manual labor Of send
ing circulars and carrying of mail and
carrying Of boxes Of securities, and
also four stenographers and two tele-
phone operators and other clerks, in
GLIDING a porter.
The Appellate Division held that
while in general sense all workmen
and operatives are employees, still all
nj W. RI nd
tives. It was therefore held by tho
Appellate Division that the employees
of the brokerage firm in this case were
not covered by the act, and this would
apply in general to Offices.
There Is no change in tho compul-
sorry feature Of the law; insurance
may be provided to themselves by ON
ployers, either by becoming self-in-
surers or by taking out insurance in
the state fund or in any mutual or
any stock company.
There is no change by which tho
first fourteen days Of disability are
not paid for.
Employer Must Provide Treatment
With regard to medical treatment
the statute now clarifies the intent OF
the law and provides that medical
treatment shall be provided by the en-
PiOyCi 4ot SuSn pcIioQ as ulhy 70. 10
CURED. The law originally only had
a sixty-day provision for medical treat
ment, and although the statute after
| ward gave the commission the right
to extend this sixty-day period there
has been some misunderstanding on
the part Of the employers. The new
provision with regard to medical treat
ment is that physicians furnishing
treatment must furnish a report to
the employer and to the industrial
commissioner of the injury and his
treatment.
There is no change with regard to
the schedule payments, namely, two
thirds of the wages, but with the max
imum of $50 and minimum Of So
The schedule provision Of the act
namely, the fixed number Of weeks
compensation for loss partial in char.
acter but permanent in quality Is 70.
tanned in the new law.
An important change made by the
Legislature of 1921 in the method Of
paying compensation is continued un.
der the new law. This provided tina,
compensation shall be paid periodical
ly and promptly like wages, and as i,
accrues without waiting for an aware
by the industrial board. In othe]
words the employer knows what com
i pensation he must pay under the stat
J ute, and he is expected to pay -is-s
once.