The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-04-10
IN
RISK BUREAUS
CLAIMS TOLD
misunderstanding Between
Elective" and Other Claims
Is Explained Here
PROCEDURE is TOLD

To clear up misunderstanding
which appears TO exist, both among
laymen and attorneys, regarding the
Jaw and procedure in "electivt
claims" under the Workmens Com.
pensation Bureau, Richard +. Wen
zelI, commissioner, has prepared the
! following statements:
! FIRST, answering the question, what
| is an effective" claim, permit me
to state that an effective" claim is
one presented to the Workmen' 5
| Compensation Bureau by an injured
workmen whose employer has failed
to, pay premium into the Workmen's
Compensation Fund. In other words,
! 1t Is preliminary step taken by the
injured workmen of an employer who
carries no compensation insurance
for the purpose Of fixing the amount
To which such injured workman
would have been entitled from the
Compensation Fund II the employer
had been insured.
In case of injury to such work
man he may pursue one of two rene
dies. He may either sue his employ
or, or he may elect to present his
claim to the Bureau.
E he presents such claim to the
Bureau, the Bureau acts in the IA
pacity of a jury for the purpose of
determining two questions, VIZ. /.
Was the claimant injured in the
course Of his employment? and 2. IL
he was so injured, to what extent
was he injured, that is, was the IN
jury one which caused temporary or
total disability, and what were the
reasonable and necessary medical and
hospital expenses incurred?
Burden OF Proof
The burden of proving the claim
is upon the claimant.
AS soon as such Il claim is pre-
scented to the Bureau, the employer is
notified and given an opportunity to
file an answer, within q specified
and reasonable time. Whether he an
swcrs or not. proof of the claim
must be made.
The proof may be made by filing
the affidavits of the witnesses who
know the facts, and must always in
clude the affidavit of the attending
physician. Copies of all affIdavits
filed must be served upon the oppo-
site party (employer or employed
and proof Of such service filed with |
the Bureau.
IT may be necessary or more de-
sirable to make proof by dispositions.
In that case the dispositions of wit |
nesses must be taken in the regu- |
lar manner and after notice to the |
opposite party.
No personal appearance or appear
ance by attorney before the Bureau
is required. but the parties may so
appear if they wish.
Meeting of Full Board
For all hearings in Elective"
cases, meeting Of the full Board is
called. and it is necessary to consult
the convenience of the Commissioner
Of Agriculture and Labor and the In
surance Commissioner, on account of
their numerous other duties, IN fix
ing the time of such hearing. Sufri-
clent notice is given both parties of
the date fixed for hearing to enable
them to obtain and forward or pre-
sent their proof. Should either par
ty object to proof by affidavit, the
dispositions must be taken or wit
nesses brought before the Bureau to
testify; provided, however, that if
he claimant is financially unable TO
BRING his witnesses before the Eur-
eau or to take their deposition. he
Will be permitted to make his proof
BY affidavit. subject to the right of
he employer to call the claimant or
my of his witnesses for cross-exam-
nation.
When Premium Not Paid
As Elective" claim deals only
with claims against employers who
nave NOT paid premiums into the
Compensation Fund, and as no APP
oroprlation of public funds has been
made to the Bureau. there arc no
unds available to the Bureau for the
payment of expenses in connection
With hearings on such claims, and
he Commissioners do not go into the
ocality where the witnesses reside
or the purpose of investigation or
rearing.
1t should be remembered at all
lines that the Bureau does not in
'estigate Elective" claims. 1t takes
he proof that is presented, and
makes the decision upon that proof.
The case is in the hands Of the mar
les, and they may be willing to sub
nit the matter with little or no
roof. Whenever, in the opinion of
he Bureau. the proof is insufficient
0 arrive at fair conclusion the op-
ortunity is always given the parties
0 present further evidence, however.
The Bureaus decision, based on
he evidence presented to it, will be
ither for dismissal Of the claim
r for an award. Both parties are
otified of the decision, and if it is
n award, the employer has ten days,
nder the law, in which to pay the
mount to the claimant. If he does
ut pay within ten days, the claimant
'av sue the employer for the amount
the award plus fifty (5O) per cent.
NJ ~ ~ VRY-z - 7