Montana labor news., 1938-10-27
COMPENSATION PLAN
NUMBER ONE


III my previous dl llIlcS 4 tOid q
story of what actually happened in
Montana to a miner who had worked
over 80 years underground as q
miner.
A little summation would be in
order.
list. / do not come under Section
1898, the 30-day clause, and nc
knowledge (Riley used this against
mel. l had received hospital ticket.
told night foreman, reported to doc
tor and was under constant care and
advice Cd of said doctor.
End. Sec. 1899, the six-month
clause FUSED by Clements to rur
OUT. l claim l should be exempted
under Sec. $500. Doctors statement
that l was both physically anc
| mentally unable to are for business
for 80 days after entering hospita.
should put me outside the SIX
months statute of limitation. Why
did the A. C. M. Co. appear before
the Industrial Board with two at
torneys, MI. ]. v. Dwyer and Mr.
James S. Finlen, Jr., and seven wit
nesses? To defend a compensation
claim.
Mr.. w. B. DAILY, manager of mines
at the time l met him with the con.
tact committee of the Miners Union
stated if l had not written SO many
damn dirty letters we might have
done something for you.
Why should the A. c. M. Co. d.
anything for me if it were not com.
ing to me? Why should the A. c. M
make me a donation of $500? Why
should they raise that offer to $780,
Don't overlook the fact must sigr
on the dotted line if and when
accept the offer.
Jerry Shea once told me the A
C. M. Co. was not a charitable order
Harry Freebourn, at a big mas
meeting at the Broadway theater a
the time Mr.. Templeton spoke il
Butte, made the statement that th'
A. C. M. Co. don't do something fol
nothing.
Now let's see what these offer
really amount to:
1st-This is a total disability CLAIM
worth 500 weeks at $18 per week
There is no chance of me pulling
Jippo on either the A. C. M. Co. O
Mr.. j. Burke Clements, chairman 0
the Industrial Accident Board. MI
Clements told me this is sometime
done. I have been off since June
1929-in other words, 8 years ant
five months, or putting it anothe
way, 113 months or 488 weeks, o
3,435 days.
And please note l put five of thes
years on my back, 81 years a bed
pan patient. You will also motto
that 488 weeks is just IL weeks shor
of 500 weeks, the total allowed TO
a permanent total disability case
With the doctor giving me anothe
two years or 104 weeks fight still
ahead.
Taking this claim at flat figures
500 weeks at $18-the $500 offe
would amount to just 3.33+ per cen
of the claim or 8.733+ cents ga
cents) per day, or 61.47+ (611
cents) per week or $2.65 per month
or $1,000 per year. Now we tax
the $500 offer.
This is 1855 or 141a cents per da.
or $1.02 per week, or SAP pc
month, or $53.98 per year. Or W
may look at this offer from anothe
angle: $500 in settlement of a SOC
week claim amounts to just so cent
a week. The $500 offer amounts t
81 even per week.
Now we will look at this CASE q
it now stands from a legal point {
view: Should an injured worker b
able to bring his cast before a jury
(This you may know, cannot be don
under any circumstance under you
present setup.) And the jury allow
claim it would also be possible I
collect interest due at this tim,
namely at 8 per cent for the fir
four years, and at 6 per cent fc
the following 5 years and 5 month
In this way the $500 offer woul
amount to just 2.026 per cent of tn
claim; in other words about "a CEN
on the dollar value.
The $500 offer would amount I
1897 per cent, or less than 3R CEN
on the dollar value of claim. VIII
should this bunch on the fifth an
sixth floors put out this kind
stuff? The A. c. M. Co. for pension
and compensation reserves at tn
end of 1895, $532,391, plus $275,0C
for contingency; 1886, $638,816, pit
$275, 900 for contingency, and at tn
end of 1887, $845, 1852 and $275,O0O fc
contingency.
Judge Ralph j. Anderson wrot
the opinion in this Ease with San
Stewart concurring. A vote fc
Anderson or Stewart is a vote fc
more deals like this. Keep them on
WILLIAMS.