Montana labor news., 1939-01-26
COMPENSATION LAW
SHOULD Be AMENDED
CONTINUED from Page b

cation.
A. The repeal or amendment of
Section 1899 and if amendment, to
read: "In case of total permanent
disability that no statute of limita-
ton should apply to him, however,
where the statute of limitation may
apply or is in effect. The time con-
fined in the hospital, at home or
under doctors care, not to apply.
Many of the doctors are not familiar
with the compensation law and they
will say: do not worry. You can
care for these things when you get
out of here or when you will be
again able to go" But then it may
be too late. When an employee is
working under Montana's compen-
sation law, he is prohibited from
bringing suit for damages or injuries
received against the employer. I'm
der the law in a specific injury, the
amount the injured worker may
claim is definitely set. The legisla-
tors in this session should insert a
clause in Montana's law, to this
effect-In case a worker has been
denied his claim by the company or
corporations claim department, the
insurance company or the industrial
accident board, it should be provided
that the injured worker may bring
his case to court and before a jury
that he may recover the amount due
for such injuries as allowed under
the compensation act under the state
of Montana, together with the cost
of court and attorneys fees.
AS the law now stands, an en-
ployee is prohibited from bringing
his case before a jury. This process
should not be confused with that of
a damage case, but it would give the
employee the right of a trial by
jury which is guaranteed under the
federal laws and it would seem to
be denied under the Montana's COM
pensation act.
5. Repeal Section 1852 outright. 1t
may be noticed that in the laws of
1887 by statutes of limitation in case
of a final settlement have been ex-
tended from two to four years. Dur
ing the time the two-year clause was
in effect the supreme court once
ruled that it meant from date Of in
jury. 1t is presumed that the same
decision would apply in relation to
the extended time or 4 years. 1t
should also be noticed that the COM
promise settlement of Section 1852
has not been changed. Now suppose
a mucker accepts a compromise
settlement with the company regard
less how small or large the sum
might be. Later on complications
may develop with your injury and
you would receive a physical set
back from the old injury. Perhaps
you may become a hopeless cripple.
There is nothing that you could do
about it because you have COM
promised your case, Hence this
particular section from a to z as
referred to, should be wiped out.
g.. Then there is Section zoos. On
the surface it looks like a two-way
law. Under this section your death
may not be attributed to the result
of the injury or your present condi-
ton may not be attributed as a
result of the injury. Hence there is
no more compensation, or if you are
still seeking compensation. The in
jured person must prove present
condition is the result of injury. A
clause should be inserted in the law
making it a felony for a hospital to
refuse to admit an injured worker
under any circumstances, provided
that he has a hospital ticket. Also
provided that it be a felony for a
doctor to refuse to give or to delay
after reasonable time the giving of
a statement to an injured worker,
and that both the doctor and the
hospital be made responsible and
liable for remarks made in the
statement.
Z. Plans l and 2 in the act as it
now stands it should be repealed,
and compensation should be placed
under a state fund where it right
fully belongs. This procedure would
do away with the authority of the
fifth and sixth floors of the Hen
messy building having control Of too
much authority. It would also give
the industrial accident board. oper-