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PORTO RICO.

Date of enactment.-April 13, 1916; in effect July 1, 1916; amended, act No. 9, acts of 1917. New act, February 25, 1918; in effect July 1, 1918.

Injuries compensated. All personal injuries by accident occurring to a laborer while engaged in his work, causing death or disability, excepting injuries due to an attempt to commit crime or to injure his employer or another person, intoxication, or gross negligence, or the criminal act of a third person. Industries covered.-All industries employing three or more persons except domestic service and agricultural work without mechanically driven machinery. Persons compensated.—Private employment: All employees of employers covered by the act, clerical employees in offices and commercial establishments where machinery is not used excepted; also excepting employees whose earnings exceed $1,200 per year. Public employment: Included.

Burden of payment.-—All on employer.

Compensation for death.-A compensation of three to four thousand dollars as a maximum to persons wholly dependent, the amount to be graded according to the earning capacity of the deceased, and the number of beneficiaries. Benefits may be apportioned among the dependent legal heirs by the will of the decedent if not in conflict with this act or the code..

Compensation for disability:

(a) Medical attendance, medicines, also hospital services when necessary, and sustenance, as the workman's relief commission may prescribe; but the allowance for medicine and food supplies shall be deducted from the compensation granted, and none allowed after the award. (b) For temporary disability an amount equal to one-half the weekly wages, not less than $3 nor more than $7, for not more than 104 weeks.

(c) For permanent total disability not less than $2,000 nor more than $4,000, in proportion to the rate of wages earned at the time of injury. (d) For permanent partial disability not less than $1,300 nor more than $2,500, in proportion to the rate of wages earned at the time of injury. The time and manner of payments are to be determined by the workman's relief commission.

Revision of benefits.-No provision.

Insurance. All payments are made from the workman's relief trust fund established by the act, to which all employers covered by the act contribute. Security of payment.-Fund is administered by the treasurer of the island. Rights and actions not assignable nor subject to attachment.

Settlement of disputes.--Claims are passed upon by the workman's relief commission, with limited appeal to the courts.

RHODE ISLAND.

Date of enactment.-April 29, 1912; in effect October 1, 1912; amended, chapters 937, acts of 1913; 1268, acts of 1915; 1534, acts of 1917.

Injuries compensated.-Personal injuries by accidents arising out of and in the course of employment causing incapacity for earning full wages for a period of more than two weeks, or death, except where the injury resulted from the willful intention of the injured person to injure himself or another, or from intoxication.

Industries covered.-All industries except domestic service and agriculture. if the employer elects. Defenses in suits for damages are not abrogated unless more than five persons are employed.

Persons compensated.-Private employment: All employees in establishments covered by this act in absence of contrary election, casual employees and those earning above $1,800 a year excepted. Public employment: Employees of the State, and such classes of employees of cities and towns electing to accept the act as are designated in the act of acceptance, but not including members of regularly organized fire and police departments.

Burden of payment.-Entire cost rests upon the employer.

Compensation for death:

(a) To persons wholly dependent, a weekly payment equal to one-half the average weekly earnings of the deceased employee, but not less than $4 nor more than $10 per week, for a period of 300 weeks.

(b) If only partial dependents survive, a sum proportionate to the amount which the annual contributions bore to the annual earnings of the deceased, for not exceeding 300 weeks.

(c) If no dependents, the expense of the last sickness and burial of the deceased employee, not exceeding $200.

Payments to children cease on their reaching the age of 18 years unless they are physically or mentally incapacitated.

Compensation for disability:

(a) The necessary medical and surgical care and hospital services for the first four weeks after the injury.

(b) For total incapacity, a weekly payment equal to one-half the wages, but not less than $4 nor more than $10 per week, during such incapacity, but not for a longer period than 500 weeks.

(e) For partial incapacity, a weekly payment equal to one-half the loss of earning power, but not exceeding $10 per week. during such incapacity, and not for a longer period than 300 weeks..

(d) For certain specified injuries (mutilations, etc.), in addition to the above, one-half the wages, weekly payments to be not less than $4 nor more than $10 per week, for fixed periods.

Payments begin on the fifteenth day, but if the incapacity extends beyond four weeks, they begin with the date of the injury.

Lump-sum payments may be substituted by order of the superior court after compensation has been paid for six months for either death or injury.

Revision of benefits.-Amounts payable may be reviewed and modified by the superior court at any time within two years, if the time for payments has not expired.

Insurance.-Employers must insure, give proof of financial ability to make direct payments, or furnish security or bond. If employees contribute to any approved scheme or insurance plan, proportionate added benefits must be provided.

Security of payments.-Insurers are directly liable to claimants; beneficiaries have a first lien on any sum due from insurers to the employer on any policy. Settlement of disputes.-Disputes are settled by the superior court on a petition in the nature of a petition in equity, filed by any party in interest. Appeals may be carried to the supreme court by any aggrieved person.

SOUTH DAKOTA.

Date of enactment.-March 10, 1917; in effect June 1, 1917.

Injuries compensated.—Injuries by accident arising out of and in course of employment, causing disability for more than two weeks, or death, not due to intoxication or willful misconduct.

Industries covered.—All except agriculture and domestic service, in the absence of contrary election.

Persons compensated.—Private employment: All persons in service under a contract of hire or apprenticeship, except those whose employment is casual and not in the usual course of the business or trade of the employer. Public employees: Employees of the State and its municipalities are included.

Burden of payment.-All on the employer, except that one-half of the fees of arbitrators may be charged to the compensation allowed in any case. Compensation in case of death:

(a) To a dependent widow, child, or children, a sum equal to four times the average annual earnings of the deceased person, not less than $1,650 nor more than $3,000; if none of these, similar amounts may be paid to a dependent parent, grandparent, brother, or sister. If there are none of the foregoing, collateral dependent heirs may receive such a percentage of the same amount as the deceased workman's contributions to their support during the preceding two years are of his earnings during such period.

(b) If there are no dependents, the employer shall pay burial expenses in an amount not exceeding $150.

Payments are to be made in installments equal to one-half the wages, as the wages were paid, or weekly, if that is not feasible. Payments cease on the death of a beneficiary or the remarriage of a widow.

Compensation for disability:

(a) Necessary medical, surgical, and hospital services for not more than four weeks nor in an amount above $100.

(b) For total disability, 50 per cent of the weekly earnings, not more than $12 nor less than $6, until four years' earnings are paid. . (c) For partial disability, 50 per cent of the wage loss, not over $12 weekly, for not longer than six years; for specified injuries payments are to be made for fixed periods, in addition to the amount paid during any period of total disability.

(d) For serious and permanent disfigurement of the hand, head, or foot not giving rise to other awards, an agreed or arbitrated award of not more than one year's earnings.

No payment is made for disability of not more than two weeks' duration, but if it continues for eight weeks or more, compensation is payable from the date of the injury. Commutation to lump sums may be arranged for on a proper showing.

Revision of benefits.-Awards may be reviewed by the industrial commissioner at the request of either party, and modified according to the findings. Insurance.-Insurance in an approved company or association is required, unless satisfactory proof of financial ability to make payments is furnished, or sufficient security is deposited with the State insurance department to guarantee payments.

Security of payments.-Insurance policies are to be valid regardless of the employer's solvency, and must provide that the workman shall have a first lien upon any amount becoming due him thereunder. Claims are unassignable, and payments are exempt from execution.

Settlement of disputes.-Arbitrators are to be chosen, one by each party, the Industrial commissioner acting as chairman. If review is claimed, the commissioner may revise the decision or refer it back to the arbitration board. Appeal lies to the courts only on questions of law.

TEXAS.

Date of enactment.-April 16, 1913; in effect September 1, 1913; amended, chapter 103, acts of 1917.

Injuries compensated.-Personal injury sustained in the course of employment causing incapacity to earn full wages for at least one week, or death, not due to the act of God, unless the employment is specially exposing, nor to the intentional act of a third person committed for personal reasons not connected with the employment, nor to the injured man's willful intent to injure himself or another, nor received while intoxicated.

Industries covered.-All in which three or more persons are employed, except domestic and farm labor, railways operated as common carriers, and vessels in interstate and foreign commerce, if the employer elects.

Persons compensated.—Private employment: All employees in industries included, except those not in the usual course of the employer's trade or business. Public employment: No provision.

Burden of payment.—The entire cost rests upon the employer.
Compensation for death:

(a) To the legal beneficiaries of the deceased employee, a weekly payment equal to 60 per cent of his wages, not less than $5 nor more than $15, for a period of 360 weeks, distributed according to law governing property distribution.

(b) If no beneficiaries are left, the expenses of the last sickness and in addition a funeral benefit not to exceed $100.

Compensation for disability:

(a) Medical and hospital care for the first two weeks; hospital care for two weeks additional if necessary.

(b) For total incapacity, a compensation equal to 60 per cent of the average weekly wages of the injured person, but not less than $5 nor more than $15 per week, during such disability, but not exceeding a period of 401 weeks.

(c) For partial incapacity, a compensation equal to 60 per cent of the loss of earning power during such disability, in no case to exceed $15 per week, but not exceeding 300 weeks, or for both partial and total disability, 401 weeks.

(d) For certain specified injuries (mutilations, etc.), compensation equal to 60 per cent of the average weekly wages of the injured person, for fixed periods, not less than $5 nor more than $15 per week, in lieu of all other compensation.

A lump-sum payment may be substituted for weekly payments in cases of death or permanent total disability, subject to the approval of the industrial accident board.

Revision of benefits.-On its own motion or on application of an interested party, the industrial accident board may at any time review an award.

Insurance.-Employers come under the law only by taking insurance, which may be effected through the Texas Employers' Insurance Association, or in any company admitted to do business in the State.

Security of payments.-Compensation is payable directly by the insurance association. Policies in other companies are subject to the provisions of the act. All benefits are nonassignable, and are exempt from garnishment, attachment, etc.

Settlement of disputes.-Disputes are referable to the industrial accident board, whose decisions are subject to appeal to any court of competent jurisdiction.

45615°-Bull. 243-18- -4

UTAH.

Date of enactment.--March 15, 1917; in effect July 1, 1917. Injuries compensated.-Injuries by accident arising out of and in course of employment, causing disability for more than 10 days, or death.

Industries covered.—Compulsorily, all except agriculture and domestic service, in which four or more persons are employed; elective where less than four employees.

Persons compensated.-Private employment: All persons regularly employed under any contract of hire, including aliens, but not including persons whose employment is but casual, or not in the usual course of the employer's business. Public employment: Every person in the service of the State or a municipality, including regular members of the police and fire departments of cities and towns, excepting elective officials and officials receiving more than $2,400 per year salary.

Burden of payment.-All on employer, but employees may contribute to benefit schemes for benefits additional to those provided by the act.

Compensation for death:

(a) Funeral expenses, not exceeding $150.

(b) To persons wholly dependent, 55 per cent of the average weekly earnings of the deceased employees, not to exceed $15, for not over six years, $2,000 minimum, $4,500 maximum.

(c) To persons partly dependent, the same amount, subject to the same limits as to maximum, for all or such part of the period of six years as the commission may in each case determine.

Payments to beneficiaries cease on their death or remarriage; to female children on their attaining the age of 18, and to males on reaching the age of 16, unless mentally or physically incapacitated from earning.

Compensation for disability:

(a) Such medical, nurse, and hospital services and medicines as the employer or insurer may deem proper, not over $200 in value.

(b) For total disability, 55 per cent of the weekly wages for five years, and 40 per cent thereafter until death, $15 maximum, $5 minimum. If the disability is temporary, $12 maximum, $7 minimum, for not more than six years, not to exceed $4,500.

(c) For partial disability, 55 per cent of the weekly wage loss, not over $12 per week, for not more than six years. For specified injuries causing permanent partial disability, 55 per cent, not over $12 weekly, is to be paid for fixed periods, in lieu of other compensation.

Any periodical payment may be commuted to a lump sum.

Revision of benefits.-Revision may be made from time to time as in the opinion of the commission may be justified.

Insurance.-Employers must insure in the State fund, in a stock or mutual insurance company, or give proof of ability to meet their own compensation payments; but approved benefit schemes may be maintained.

Security of payments.-Policies in private insurance companies are binding without regard to the solvency of the employer, and are enforceable by the employee directly. Self-insurers may be required to deposit security or give a bond.

Settlement of disputes.-Disputes are settled by the State industrial commission, with limited appeal to the courts.

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