The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-08
EXPERT SUGGESTS
MANY CHANGES IN
COMP ENsAT ION ACT
State Commission and lnsur-
ance Are Urged by Speaker
as Remedies to Defects
in Alabama Law

Creation of compensation COM
mission, establishment of state in
suranee fund, substitution of merit
system of determining compen-
sation rate for present physical
inspection system and general
paternal supervision by the state
to protect interests of work
men and insure installation of
safety devices were changes in the
Alabama workmen's compensation
act recommended by 7. J. Duffy,
president of the Ohio workmen's
compensation commission, in COM
prehensive address before a keenly
interested audience of legislators
and voters at the commission cham
Der of the city hall Thursday.
"There can be- no effective ad-
ministration of workmen's COM
pensation law so long as the only
agency of that administration is the
court" declared Mr.. Duffy. Gre
suits have proven that that agency
is inadequate, and the creation of a
compensation whose sole duty is to
protect the interests of all parties
is the economical, efficient and log
ical substitute"
Representative How're Presides
The meeting was the second of a
series of three arranged by Jeffer-
son county's legislative delegation
the public on vital issues. In the abb
sence of Walter s. Brewer, senator
elect who was detained in court,
Representatives Elect Henry r. Howe
presided. Other members of the dele
cation present were. Fred Fite. r. e.
Jones. Lewis Bowen and L. X. Bowen.
Mr.. Duffy. who has been president
of the Ohio commission since its ere
alton. spoke in detail of the expe-
rience of that state. whose law is said
by experts to be a model in the United
States.
Attacks Contract
Compensation commission. as or
ganized in Ohio q nd as the speaker
representative of labor, one of capital
and one disintereste person, usually
a lawyer.
"Ohio's experience said Mr.. Duffy,
has been that annual claims paid to
employees have increased from a lit
tie more than $l,000.000 to S13,000,000
payment of these claims has been
greatly expedited, workmen have
been educated Regarding their rights
under the law and proper methods Of
procedure, and the cost of admins
tration has beera less than per cent
of the earned premium.
Before the commission was
created in Ohio IL years ago. the
courts were cloigged with compensa-
ton cases. Moreover, IL the same
amount of work had been done as Is
now being DONE by the commission.
the services of more than 500 judges
would have beeiA necessary to hear
all the cases.
Workmen Fear Courts
"The commissioip affords not only
a tribunal before which employers
and employees ma5v appear; it also
DTinElnk
benefits OF the lawF to workmen,
which could never beN effected by use
of courts. The work OF education and
personal assistance thsSt the commits
sion does is rightly below the dig
nifty of the courts.
"Workmen fear the N courts, and
when the court is MAIDEN the agency
of administering compensaa ton laws
the very object of the act isl defeated.
As result Of this. only about 20
per cent of accidents in flOhio and
other states became known under the
old court system.
1T is not true that the percentage
OF accidents has increased III since the
creation of the commissiorh with its
more liberal provisions. 1t is true
that more accidents have been re-
ported, hut that Is becauifse prior to
the establishment of they commission
the laborer was under 1.-THE burden of
proving that the compsany was en-
tirely responsible, that tho co-work err
was responsible. and, in addition, had
The burden of assumption of risk"
hest for Society
State insurance fund1 out of which
claims should be paid1 was urged by
Mr.. Duffy as the ecor 4omical and eff
fective method to be ljemployed.
He argued that suich policy did
not constitute paternal ism on the part
Of the state to the ex' tent of socialism