Senate Bill 818 (Luce-1917)
Chapter 586, Statutes of 1917
The Labor Clarion described Senate Bill 818 as follows:
New Workmen’s Compensation act, proposed by the Industrial Accident Commission; many improvements, reduces waiting period to ten days, establishes limited choice of physician, abolishes action for damages but doubles compensation in cases of wilful [sic] and serious misconduct of employer.
(See Exhibit #9a, page 2)
The 1917 revision seems to have been necessary to clear up issues which had arisen from the practical administration of the 1913 Workmen's Compensation Act. (See Exhibits #4, page 6 and #7, page 8) It also seems to have been responding to various judicial decisions about the application and scope of the earlier Act. (See Exhibit #4, pages 8 through 10) The measure, like its predecessors, was considered very controversial and subject to intense opposition by industrial accident insurers as well as “reactionary elements” of the press and Legislature. (See Exhibits #6, page 4 and #8, page 25) Apparently days of debate were given over to the bill in the Assembly and Senate, which was extensively reported in the press. (See Exhibit C, #6, page 4)
Commenting specifically to the changes proposed by Senate Bill 818, a Report of the Industrial Accident Commission stated that:
New responsibilities have been created by the chapter in question, which will greatly increase the volume of business to be handled by the Commission. We refer particularly to the provisions of sections 10 and 29, the former of which gives to the Commission power to inspect and determine the adequacy of hospital and hospital facilities and the latter providing that security be furnished by employers for the payment of compensation.
(See Exhibit #4, page 6)
The complete Legislative History Report and Analysis and documents with authenticating declaration expands upon the information above. In addition to available legislative file materials from the Assembly and Senate Committees, the author and the Governor, our research typically includes review for competitor and predecessor bills, interim reports, hearings, studies and other relevant background documentation unique to this legislation. To order a complete report, please contact us at Legislative Intent Service or by calling us toll free at 1-800-666-1917.
1 Comments:
Having recently suffered an injury due to an accident at work I am considering my options, due to the injury I have been unable to work and have not been receiving sick pay, does my boss have an option to pay me or is it dependent on circumstance? I can’t afford not to have money coming in but can’t work should I sue him or do I need a legal professional to speak to him for me? I have seen all those adverts on television about industrial accidents and people for silly amounts of money, am I entitled to a claim, I don’t want to post personal details but I was working away and fell off something because the support wasn’t secure and broke and I have injured myself!
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