The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-12-29
COMPENSATIONLAW
CHANGES LIKELY TO
BOB UP IN SESSION
lust How Measure Works in
North Dakota Hasn't Been
Fully Demonstrated
WOULD OPEN UP FIELD
Proposal Heard That Private
Companies Be Allowed to
Write Some Business


Write Some Business
Persons seeking to compare the re-
suits of the operations of the North
Dakota workmen's compensation law
with the results obtained from SINH
lar laws in other states encounter dit
ficulty because each of the AZ states
having workmen's compensation legis-
lation have different statutes ind reg
ulations, according to r. E. Wenzel.
a commissioner OF North Dakota
compensation bureau.
A large number of persons have
tried to make such comparisons and
all Of them encountered difficulty, 1t
is explained.
It is probable that some changes in
the North Dakota compensation law
may be suggested at the forthcom-
ing session.. One of these may be to
change the law so that private ins"r-
ance companies may write compensa-
ton insurance, as is the case in some
other states.
This change will be vigorously re-
sisted, however, by advocates of the
present system who say that such a
change will make the insurance writ
ten by the state more costly since the
state will have to pay an acquisition
COST" BY this is meant the cost of
selling the insurance such as would
be encountered by private companies.
AS now operated the state has vir-
A.,a ~ ~ h,,c
Would Increase Eligibility
Other proposals may be to change
the law so as to make certain injuries
compensate which are not now listed
as compensate; to change the admin
istration of the law in some particu-
lars. especially with regard to the
right of workmen to appeal to the
courts from decisions of the compen-
sation board, and to reduce the
amount of compensation granted in
some cases and classifications.
In his statement, which deals only
with the difficulty of making COM
parsons, Wenzel said IL states limit
workmen's compensation to occupa-
tions which are classified as danger
Gus. These are Arizona, Illinois. Kan
sas, Louisiana, Maryland, Montana,
New Hampshire. New Mexico, Okla
homa, Oregon, Washington and Wy
cming.
| When the North Dakota law was
enacted 1t contained proviso that
the Insurance should be limited to
persons in hazardous occupations. An
other clause, however, defined as haz-
ardous all occupations in which one
or more persons are employed.
On Employe Basis
The result brought North Dakota
into the classification of workmen's
compensation states in which appli-
cation Of the law is limited by the
number OF employees. States in this
group and the minimum number Of
employees required to make the Law
operative are: Oklahoma, two; Ken.
lucky, Ohio, Texas. Utah and Wiscon.
sin, three: Colorado. New Mexico ane
New York. four; Connecticut. Della.
ware, Kansas, New Hampshire ane
Tennessee, five; Maine and Rhod'
Island, ten: Vermont and Virginia
eleven; and Alabama, 16.
Only six of the AZ states have pro
vision for unlimited medical and hos
pital care of injured workmen. Thes'
are California, Connecticut, Idaho
Nebraska New York and North Da
kota. Some say they give unlimited
medical service but this is not true
Wenzel said, since they limit eithe
the amount or the time during which
expenses must be paid. For example
Maryland puts no limit on the time
but restricts the amount to $500
Michigan. Minnesota and Wisconsin
have no monetary limit but rcquir
such services to be rendered withil
90 days after the accident.
Limit on Expenses
Twenty five states limit the amour
which may be spent for medical o
hospital care and of these all bu
three fix the maximum at $3.50 O
less. The maximum in Montana
500 and in South Dakota $3.50. i
one North Dakota case the medica
and hospital costs exceeded $1,000.
It IS wrong. however. Wenzel sale
to consider that physicians and hos
i, pitfalls are the beneficiaries of thi
, provision. the real beneficiaries bein
the injured workmen and their de
i, pendents.
, Comparison of the maximum an
minimum benefits allowed in differ
ent states encounters the same vari
alton in the laws. Wenzel said 81
states have a maximum of So a weeI
!, three from $l2 to SIS. nine Of ST
.. seven Of SIC, two of SIT, three of 81
and nine Of more than $18. Thre
prescribe monthly maximum pay
!: ments.
The same variation also is encount
cred with respect to the waiting pr
!. lrtod" during which no compensation
4 paid. Only two states have no wait
!, Ing period. the waiting period"
, other states being from three days
two weeks,