APPENDIX A

THE NEW YORK WORKMEN'S COMPENSATION LAW

(With Notes of the State Industrial Commission)

[Chapter 816 of the Laws of 1913, as reenacted and amended by chapter 41 of the Laws of 1914, and as amended up to January 1, 1917, constituting chapter 67 of the Consolidated Laws. The constitutionality of this Workmen's Compensation Law has been upheld in Jensen v. Southern Pacific Co., 215 N. Y. 514; Burns v. Southern Pacific Co., 215 N. Y. 120; and Walker v. Clyde Steamship Co., 215 N. Y. 529. These cases have been appealed to the Supreme Court of the United States. They have been argued there and await decision. An older, voluntary plan of workmen's compensation is embodied in Labor Law, §§ 204-212, still upon the statute books. The Workmen's Compensation Law should be constructed broadly and liberally: Matter of Petrie, 215 N. Y. 335; Costello v. Taylor, 217 N. Y. 179; Winfield v. N. Y. C. & H. R. R. Co., 168 App. Div. 351, 216 N. Y. 284; Moore v. Lehigh Valley R. R. Co., 169 App. Div. 177; 217 N. Y. 27; Rheinwald v. Builders' Brick & Supply Co., 168 App. Div. 425; McQueeney v. Sutphen & Myer, 167 App. Div. 528.]

Article 1. Short title, application, definitions (§§ 1-3). 2. Compensation (§§ 10-34).

3. Security for compensation (§§ 50-54).

4. State workmen's compensation commission (§§ 60-77).

5. State insurance fund (§§ 90-106).

6. Miscellaneous provisions (§§ 110-119).

7. Laws repealed; when to take effect (§§ 130131).

ARTICLE I

SHORT TITLE; APPLICATION; DEFINITIONS

Section 1. Short title.

2. Application.

3. Definitions.

Section 1. SHORT TITLE.-This chapter shall be known as the "workmen's compensation law."

§ 2. APPLICATION.-Compensation provided for in this chapter shall be payable for injuries sustained or death incurred by employees engaged in the following hazardous employments:*

For the Commission's power to rearrange the groups of § 2, compare § 95.

Group 1. The operation, including construction and repair, of railways operated by steam, electric or other motive power, street railways, and incline railways, but not their construction when constructed by any person other than the company which owns or operates the railway, including work of express, sleeping, parlor and dining car employees on railway trains.

Compare 114, Interstate commerce.

Group 2. Construction, repair and operation of railways not included in group 1. [Group 2 am'd by L. 1916, ch. 622.]

Compare 114, Interstate commerce.

* Compare the notes to the several subdivisions under § 3.

Group 3. The operation, including construction and repair, of car shops, machine shops, steam and power plants, and other works for the purposes of any such railway, or used or to be used in connection with it when operated, constructed or repaired by the company which owns or operates the railway.

Compare 114, Interstate commerce.

Group 4. The operation, including construction and repair of car shops, machine shops, steam and power plants, not included in group three.

Compare 114, Interstate commerce.

Group 5. The operation, including construction and repair, of telephone lines and wires for the purposes of the business of a telephone company, or used or to be used in connection with its business, when constructed or operated by the company.

Compare 114, Interstate commerce.

Group 6. The operation, including construction and repair, of telegraph lines and wires for the purposes of the business of a telegraph company, or used or to be used in connection with its business, when constructed or operated by the company.

Compare 8 114, Interstate commerce.

Group 7. Construction or repair of telegraph and telephone lines not included in groups five and six. [Group 7 am'd by L. 1916, ch. 622.]

Compare § 114, Interstate commerce.

Group 8. The operation, within or without the state, including repair, of vessels other than vessels of other states or countries used in interstate or foreign commerce,

when operated or repaired by the company; marine wrecking. [Group 8 am'd by L. 1916, ch. 622.]

Compare § 114, Interstate Commerce, and group 10, below, note on longshore work.

"Operation" includes loading and unloading; when the employer and owner is a New York corporation, the presumption is that the vessel is not one of another State or country: Edwardsen v. Jarvis Lighterage Co., 168 App. Div. 368.

Group 9. Shipbuilding, including construction and repair in a ship-yard or elsewhere, not included in group eight.

Group 10. Longshore work, including the loading or unloading of cargoes or parts of cargoes of grain, coal, ore, freight, general merchandise, lumber or other products or materials, or moving or handling the same on any dock, platform or place, or in any warehouse or other place of storage.

Compare § 114, Interstate commerce.

The specific enumeration of longshore work in this group excludes such work from group 8: Jensen v. Southern Pacific Co., 215 N. Y. 519, 520.

Rag picking in a refuse dump on the shore is not longshore work: Tomassi v. Christensen, 171 App. Div. 284.

Group II. Dredging, subaqueous or caisson construction or repair, and pile driving. [Group 11 am'd by L. 1916, ch. 622.]

Driving sheeting for a jetty to protect baths on a water front is pile driving: Mazzarisi v. Ward & Tully, S. D. R.,* vol. 4, P. 443; 170 App. Div. 868.

Group 12. Construction, installation, repair or operation of electric light and electric power lines, dynamos, or appliances, and power transmission lines. [Group 12 am'd by L. 1916, ch. 622.]

*❝S. D. R. is an abbreviation for State Department Reports.

Group 13. Paving; road building, curb and sidewalk construction or repair; sewer and subway construction or repair, work under compressed air, excavation, tunneling and shaft sinking, well digging, laying and repair of underground pipes, cables and wires, not included in other groups; street cleaning, ashes, garbage or snow removal; operation of waterworks. [Group 13 am'd by L. 1916, ch. 622.]

Group 14. Lumbering; logging, river-driving, rafting, booming, saw mills, bark mills; shingle mills, lath mills, lumber yards; manufacture of veneer and of excelsior; manufacture of barrels, kegs, vats, tubs, staves, spokes, or headings. [Group 14 am'd by L. 1916, ch. 622.]

Group 15. Pulp and paper mills.

Group 16. Manufacture of furniture, interior woodwork, organs, pianos, piano actions, canoes, small boats, coffins, wicker and rattan ware; upholstering; manufacture of mattresses or bed springs.

Group 17. Planing mills, sash and door factories, manufacture of wooden and corrugated paper boxes, cheese boxes, moldings, window and door screens, window shades, carpet sweepers, wooden toys, wooden articles and wares or baskets; cork cutting. [Group 17 am'd by L. 1916, ch. 622.]

Group 18. Mining; reduction of ores and smelting; preparation of metals or minerals; oil and gas wells. [Group 18 am'd by L. 1916, ch. 622.]

Group 19. Quarries; sand, shale, clay or gravel pits, lime kilns; manufacture of brick, tile, terra-cotta, asbestos, fire-proofing, or paving blocks, manufacture of calcium carbide, cement, asphalt or paving material; stone crushing or grinding. [Group 19 am'd by L. 1916, ch. 622.]