Exemption of awards.

Fees.

Notice of insurance.

Provisions of policies.

Employment for gain.

SEC. 45. No claims for compensation under this act shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors. Claims of attorneys and of physicians for services under this act shall not be a valid claim against the person to or for whom said services were rendered unless and until approved by the board.

SEC. 11. Section 47 of act 221 of the session laws of Hawaii, 1915, is hereby amended so as to read as follows:

SEC. 47. If the insurance so effected is not under subdivision 3 or 4 of section forty-six the employer shall forthwith file with the board in form prescribed by the board a notice of his insurance, together with a copy of the contract or policy of insurance. SEC. 12. Section 49 of act 221 of the session laws of Hawaii, 1915, is hereby amended so as to read as follows:

SEC. 49. Every policy of insurance and every guarantee contract covering the liability of the employer for compensation, whether issued by a stock company, or by a mutual association authorized to transact workmen's compensation or guarantee insurance in this Territory shall cover the entire liability of the employer to his employees covered by the policy or contract, and also shall contain a provision setting forth the right of the employees to enforce in their own names either by at any time filing a separate claim or by at any time making the insurance carrier a party to the original claim, the liability of the insurance carrier in whole or in part for the payment of such compensation: Provided, however, That payment in whole or in part of such compensation by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.

From and after the thirtieth day of June, 1918, all insurance policies shall be of a standard form, said form to be designated by and approved by the commissioner of insurance of the Territory of Hawaii. No policy of insurance different in form from said designated and approved form shall be approved by the board.

[Section 60 is amended by substituting six months for two years in subsection (c), by striking out the second sentence in subsection (d), and by changing the first sentence of subsection (e) to read as follows:]

(e) "Industrial employment," in the case of private employers, includes employment only in a trade, occupation or profession which is carried on by the employer for the sake of pecuniary gain.

Approved this 2d day of May, 1917.

IDAHO.

ACTS OF 1917.

CHAPTER 81.-Compensation of workmen for injuries.

PART I.

SECTION 1. (a) This act shall apply to all public employment, as defined in section 2 and to all private employment in a trade or occupation which is carried on by the employer for the sake of pecuniary gain, not expressly excepted by the provisions of section 3.

Scope of act.

Common-law

(b) The common-law system governing the remedy of workmen against employers for injuries received in industrial and public work is inconsistent with modern industrial conditions. The administration of the common-law system in such cases has pro-system ab o lished. duced the result that little of the cost to the employer has reached the injured workman, and that little at large expense to the public. The remedy of the workman has been uncertain, slow and inadequate. Injuries in such employments formerly occasional, have become frequent and inevitable. The welfare of the State depends upon its industries, and even more upon the welfare of its wageworkers. The State of Idaho, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for injured workmen and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as is otherwise provided in this act, and to that end all civil actions, and civil causes of action for such personal injuries, and all jurisdiction of the courts of the State over such causes are hereby abolished, except as in this act provided.

SEC. 2. This act shall apply to employees of the State and of all counties, cities, cities under special charter or commission form Public of government, villages, school districts, irrigation districts, ployment. drainage districts, highway districts, road districts and other public and municipal corporations within the State; but not to public officials who are elected by popular vote or who receive salaries exceeding twenty-four hundred dollars a year. Policemen and firemen and others entitled to pensions shall be deemed employees within the meaning of this act. If, however, any policeman or fireman or other person entitled to a pension claims compensation under this act there shall be deducted from such compensation any sum which such policeman or fireman or other person may be entitled to receive from any pension or other benefit fund to which the State or municipal body may contribute. SEC. 3. None of the provisions of this act shall apply to: (a) Agricultural pursuits;

(b) Household domestic service;

(c) Casual employment;

(d) Employment by charitable organizations; or

(e) Employment of outworkers, or of

(f) Members of the employer's family dwelling in his house: Unless the employer and employee expressly agree in writing filed with the board that the provisions of the act shall apply. Any such agreement may be terminated by either party upon sixty days' notice to the other and to the board in writing prior to any accident.

Employ

ments excluded.

Right accrues, when.

Injuries not covered.

Remedy

clusive.

ex

Injuries by

PART II.

SECTION 4. If a workman receives personal injury by accident arising out of and in the course of any employment covered by this act his employer or the surety shall pay compensation in the amounts and to the person or persons hereinafter specified.

SEC. 5. No compensation shall be allowed for an injury caused (1) by the employee's willful intention to injure himself or to injure another, or (2) by his intoxication. If the employer claims an exemption or forfeiture under this section the burden of proof shall be upon him.

SEC. 6. The rights and remedies herein granted to an employee on account of a personal injury for which he is entitled to compensation under this act shall exclude all other rights and remedies of such employee, his personal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury.

Employers, who hire workmen within this State to work outside of the State, may agree with such workmen that the remedies under this act shall be exclusive as regards injuries received outside this State by accident arising out of and in the course of such employment; and all contracts of hiring in this State shall be presumed to include such an agreement.

SEC. 7. When an injury for which compensation is payable third persons. under this act shall have been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may, at his option, either claim compensation under this act or obtain damages from or proceed at law against such other person to recover damages; and if compensation is claimed and awarded under this act any employer having paid the compensation or having become liable therefor shall be subrogated to the rights of the injured employee to recover against that person: Provided, If the employer shall recover from such other person damages in excess of the compensation already paid or awarded to be paid under this act, then any such excess shall be paid to the injured employee less the employer's expenses and costs of action.

Contracting

out.

Substitute

systems.

SEC. 8. No contract, rule, regulation, or devise whatsoever shall operate to relieve the employer in whole or in part from any liability created by this act, other than as provided in sections 9 and 17.

SEC. 9. With the approval of the board, an employer who is subject to the provisions of this act, may enter into an agreement with his employees to provide a system of compensation or benefits in lieu of the compensation provided by this act, subject, however, to the following restrictions:

(a) The benefits to injured employees shall be at least equiv alent to those herein provided.

(b) If contributions are required from employees the addi tional benefits shall be commensurate with such contributions.

(c) If acceptance of such substitute system is made a condition of employment, equitable provision shall be made for the withdrawal of employees from it and the distribution of its assets. An employer who is authorized to substitute a plan under the provisions of this section shall give his employees notice thereof in the form prescribed by the board and a statement of the plan approved shall be filed with the board. Copies of settlements made under the provisions of this section shall be filed with the board.

PART III.

SECTION 10. If death results from the injury within two years, Compensation for death, the employer or the surety shall pay to the person entitled to compensation or, if there are none, then to the personal repre sentative of the deceased employee, burial expenses not to exceed one hundred dollars; and shall also pay to or for the following persons for the following periods, a weekly compensation equal

to the following percentages of the deceased employee's average weekly wages as defined in section 24:

(a) To the dependent widow or widower, if there be no dependent children, forty-five per cent.

(b) To the dependent widow or widower, if there be a dependent child or children, fifty-five per cent for such widow or widower and children. Such compensation to the widow or widower shall be for the use and benefit of such widow or widower and of the dependent children, and the board may from time to time appor tion such compensation between them in such way as it deems best. If a child has a guardian other than the surviving widow or widower, the compensation payable on account of such child shall be paid to such guardian.

(c) If there be no dependent widow or widower, but a dependent child or children, twenty-five per cent for one child and ten per cent for each additional child, not to exceed a total of fiftyfive per cent to be divided equally among such children if more than one.

(d) To the parents, if one be wholly dependent for support upon the deceased employee at the time of his death and the other is not dependent to any extent, twenty-five per cent; if both are wholly dependent, twenty per cent to each; if one be or both are partly dependent, a proportionate amount in the discretion of the board.

The above percentages shall be paid if there be no dependent widow, widower, or child. If there be a widow, widower, or child, there shall be paid so much of the above percentages as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of fifty-five per cent.

(e) To the brothers, sisters, grandparents, and grandchildren, If one be wholly dependent upon the deceased employee for support at the time of his death, twenty per cent to such dependent; if more than one be wholly dependent, thirty per cent, divided among such dependents share and share alike; if there be no one of them wholly dependent, but one or more partly dependent, ten per cent divided among such dependents share and share alike.

The above percentages shall be paid if there be no dependent widow, widower, child or parent. If there be a dependent widow, widower, child, or parent, there shall be paid so much of the above percentages as, when added to the total percentage payable to the widow, widower, children, and dependent parents, will not exceed a total of fifty-five per cent.

(f) In case there are two or more classes of persons entitled to compensation under this section and the apportionment of such compensation, above provided, would result in injustice, the board may, in its discretion, modify the apportionment to meet the requirements of the case.

(g) In case there are no dependents of the deceased employee, the employer shall pay into the State treasury to be deposited in the industrial administration fund the sum of one thousand dol lars.

SEC. 11. The following persons, and they only, shall be deemed Dependents. dependents and entitled to compensation under the provisions of this act:

A child if under 18 years of age, or incapable of self-support and unmarried, whether actually dependent upon the deceased or not. The widow only if living with the deceased, or actually dependent wholly or partially, upon him.

The widower only if incapable of self-support and actually dependent, wholly or partially, upon the deceased at the time of her injury.

A parent or grandparent only if actually dependent, wholly or partially, upon the deceased.

A grandchild, brother, or sister only if under 18 years of age, or incapable of self-support, and wholly dependent upon the deceased. The relation of dependency must exist at the time of the injury.

Periods of compensation.

Allens.

Definitions.

Maximum and minimum benefits.

SEC. 12. The compensation herein provided for shall be payable during the following periods:

To a widow, until death or remarriage, but in no case to exceed 400 weeks.

To a widower, during disability or until remarriage, but in no case to exceed 400 weeks.

To or for a child, until 18 years of age, but in the case of a child incapable of self-support and unmarried as long as so incapable, but in no case to exceed 400 weeks beyond said age of 18 years.

To a parent or grandparent, during the continuation of a condition of actual dependency, but in no case to exceed 400 weeks. To or for a grandchild, brother, or sister, during dependency as hereinbefore defined, but in no case to exceed 400 weeks.

Upon the cessation of compensation under this section to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period, during which their compensation is payable shall be that which such persons would have received if they had been the only persons entitled to compensation at the time of the decedent's death. SEC. 13. Except as otherwise provided by treaty, whenever, under the provisions of this act, compensation is payable to a dependent who is an alien not residing in the United States, the employer shall pay fifty per cent of the compensation herein otherwise provided to such dependent and the remaining fifty per cent into the State treasury to be deposited in the industrial administration fund. But if a nonresident alien dependent is a citizen of a Government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefit of such law in as favorable a degree as herein extended to nonresident aliens, then all of the compensation which would otherwise be payable to such dependent shall be paid into the industrial administration fund.

SEC. 14. As used in the foregoing sections the term child includes stepchildren, adopted children, posthumous children, and acknowledged illegitimate children, but does not include married children unless dependent. The terms "brother" and "sister" include stepbrothers and stepsisters, half brothers and half sisters. and brothers and sisters by adoption, but do not include married brothers nor married sisters unless dependent. The term "grandchild" includes children of adopted children and children of stepchildren; but does not include stepchildren of children, stepchilren of stepchildren, stepchildren of adopted children, nor married grandchildren, unless dependent. The term "parent" includes step-parents and parents by adoption. The term "grandparent" includes parents of parents by adoption, but does not include parents of step-parents, step-parents of parents, nor step-parents of step-parents. The words "adopted” and “adoption" as used in this act shall include cases where persons are treated as adopted as well as those of legal adoption.

SEC. 15. In computing death benefits the total weekly compensation shall be subject to a maximum of twelve dollars per week and a minimum of six dollars per week, but if at the time of the injury the employee received wages of less than six dollars per week, then the compensation shall not exceed the full amount of such wages.

Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent or dependents prior in right shall have given him notice of his or their claim. In case the employer is in doubt as to the respective rights of rival claimants he may apply to the board to decide between them.

In case death occurs after a period of disability, either total or partial, the period of disability shall be deducted from the total periods of compensation respectively stated in section 12