Wyoming's Workmen's Compensation Law enacted by the 13th Legislature, effective April 1, 1915.
The following are excerpts taken from the article "The Rise of Workmen's Compensation in Wyoming," by Edmond L. Escolas. Only pertinent information from Mr. Escolas article pertaining to coal mining and the Frontier Mine No.1 disaster in 1923 are posted here.
The Rise of Workmen's Compensation in Wyoming
John B. Kendrick (D), Wyoming's ninth governor, signed the Workmen's Compensation Act into law in 1915 when Wyoming was preparing to celebrate the silver jubilee of its statehood.
The Eighth Annual Convention of District 22, United Mine Workers of America which met in Cheyenne in June, 1910, favored the introduction of a workmen's compensation statue during the 1911 state legislative session. This law is referred to by President Thomas Gibson as "death and total disability insurance law." Secretary-Treasurer James Morgan termed it a "compulsory insurance law" and suggested review of the recently adopted Montana Act with a view as to the feasibility of adopting a similar statute of Wyoming.
On February 9, 1911, the Wyoming Tribune, in a front page story, reported that the labor interests of the state would introduce a bill proposing enactment of a workmen's compensation law. The law would:
1. Protect workers engaged in hazardous employments.
2. Establish a schedule of compensation to be paid by employers to employees injured on the job or to dependents in the event of death. Widows, for example, would receive 1,200 times their husbands' daily wage but not to exceed $3,000.
3. Eliminate the employers' common-law defenses.
4. Serve merely as an additional remedy for the workmen, as the existing law covering personal injury would still be operative.
Wyoming's largest and strongest union, the United Mine Worker's of America, District 22 met on July 20 through July 22, 1914 in the Mine Workers' Hall in Cheyenne. Already on record as favoring a workmen's compensation act, the Miners pledged to continue their publicity campaign along with the Wyoming Federation of Labor.
The Wyoming Tribune on December 29, 1914, commented editorially that it was more or less common knowledge that the labor interests in the coal fields and the large coal operators were working together and preparing for the coming legislature a bill "that would meet the demands of the situation and be generally satisfactory."
On February 13, 1915, the House passed the Workmen's compensation Act without a single dissenting vote although two members were absent and two excused. Six days later and two days before adjournment, the Senate, with but one dissenting vote and two absences, approved House Bill No. 147 in the precise form in which it had won approval in the House. On February 27, 1915, Governor Kendrick completed the cycle, and signed the bill into law.
By adopting a workmen's compensation act, Wyoming legislators had discarded the common-law approach of employers' liability with its employee negligence defenses as well as the employers' liability laws, and had embraced instead a system rooted in the principle of liability without fault for some industrial accidents.
Although the proposed legislation would be of more significance to coal operators and coal miners than any other economic interest groups, it was necessary to obtain assent of other groups to such legislation in order to get the political majorities required for adoption.
The new bill provided compensation for industrial accidents and deaths regardless of fault and with a minimum of legal formality. It became law upon signature of Governor of Wyoming on February 27, 1915.
Source:
Escolas, Edmond L., "The Rise of Workmen's Compensation in Wyoming." Annals of Wyoming, Volume 35, April 1963, Number 1, pages 194-200
Reports
of the
Workmen's Compensation Department
of the
State of Wyoming
The rapid increase of sentiment in the United States favorable to the principles underlying Workmen's Compensation Laws is no longer an open question. Every year Workkmen's Compensation brings new surprises, because it has grown up without systematic information or even an idea of the extent of its ultimate application.
The State of Washington in 1910 was the first to enact a Workmen's Compensation law. Five years later thirty-one states had adopted a similar law, while at the time of compiling this report (1918) compensation laws are in force in thirty-eight states and three territories.
The Wyoming law became operative April first, 1915, and after a rather exhaustive study of the various methods and the difficulties encountered by the officials administering the acts, we are confident that our State is to be congratulated upon her choice of the exclusive sate insurance plan.
Investigation of Mining Conditions
Personal investigations of the conditions existing in and about the coal mining camps of our State have been made by a representative from this Department during the past year and we are gratified to learn that much credit is due the management of this class of industry for the installation of safety devices with adequate instructions as to the use of same in the majority of cases. Also the provision made for recreation and entertainment; the erection of bath houses equipped with shower baths and other sanitary measures.
In various camps numerous classes of "first aid" are formed and these classes cooperate with the Bureau of Mines which send its instructors through the district once or twice a year and the result has been that many cases which would necessarily have come under the Compensation law have been eliminated entirely because of the prompt attention thus afforded. And many cases have been kept down to a great extent because of proper care at time of injury.
Most generally throughout all the mines there are "first aid" packets conveniently located so that first aid dressings can be promptly and sceptically applied. Numerous small first aid packets are distributed among the miners and carried by these men constantly for immediate emergency uses.
Source:
The Wyoming law became operative April first, 1915, and after a rather exhaustive study of the various methods and the difficulties encountered by the officials administering the acts, we are confident that our State is to be congratulated upon her choice of the exclusive sate insurance plan.
Investigation of Mining Conditions
Personal investigations of the conditions existing in and about the coal mining camps of our State have been made by a representative from this Department during the past year and we are gratified to learn that much credit is due the management of this class of industry for the installation of safety devices with adequate instructions as to the use of same in the majority of cases. Also the provision made for recreation and entertainment; the erection of bath houses equipped with shower baths and other sanitary measures.
In various camps numerous classes of "first aid" are formed and these classes cooperate with the Bureau of Mines which send its instructors through the district once or twice a year and the result has been that many cases which would necessarily have come under the Compensation law have been eliminated entirely because of the prompt attention thus afforded. And many cases have been kept down to a great extent because of proper care at time of injury.
Most generally throughout all the mines there are "first aid" packets conveniently located so that first aid dressings can be promptly and sceptically applied. Numerous small first aid packets are distributed among the miners and carried by these men constantly for immediate emergency uses.
Source:
Gates, Herman, State Treasurer, The Laramine Republican Company, Third Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1918", Laramine, Wyoming, page 5-6.
The Fundamental Bases of the Compensation Principle
...an extract taken from Bradbury's Workmen's Compensation, Third Edition:
Until very recently it has been difficult for American lawyers to reconcile themselves to the fundamental changes which workmen's compensation laws accomplish in the principles underlying doctrines with which they have long been familiar. The declaration that an employer shall be responsible for injuries to his workmen, whether or not the master is at fault, has, until very recently, in most parts of the United States, met with almost instant opposition, whenever it has been made...
The Fundamental Bases of the Compensation Principle
...an extract taken from Bradbury's Workmen's Compensation, Third Edition:
Until very recently it has been difficult for American lawyers to reconcile themselves to the fundamental changes which workmen's compensation laws accomplish in the principles underlying doctrines with which they have long been familiar. The declaration that an employer shall be responsible for injuries to his workmen, whether or not the master is at fault, has, until very recently, in most parts of the United States, met with almost instant opposition, whenever it has been made...
...It is believed by those who have given the most careful thought to the subject, that this expense or burden on the community will be less, in the long run, when the compensation principle is put in operation, than it is when inadequate provision is made, through public and private charity, for taking care of the injured workmen and the dependents of those who are killed. That the widows and the dependents of those who are killed frequently are dependents upon the community there is no denying...
...So this new plan, while it was fought bitterly in the beginning by those of narrow vision, is now being accepted by the overwhelming majority in every community where it has been tried, as a necessary concomitant of modern industrialism.
Source:
Hoskins, A.D., State Treasurer, The Laramine Republican Company, Fourth Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1919", Laramine, Wyoming, pages 9-10.
Summary of Receipts and Disbursements Classified as to Industry
1922
Industry: Paid Out on Received Account
Orders of Award Premiums
Coal Mining $155,162.62 $117,036.23
36 percent of the total premiums received was paid in by the Coal Industry.
32 percent of the total premiums received was paid in by the Oil Industry.
32 percent of the total premiums received was paid in by all other industries.
43 percent of the total Orders of Award paid out was charged against the Coal Industry.
27 percent of the total Orders of Award paid out was charged against the Oil Industry.
30 percent of the total Orders of Award paid out was charged against all other Industries.
Source:
(3)
1923
Industry: Paid Out on Received Account
Orders of Award Premiums
Coal Mining $335,600.76 $152,158.35
30 percent of the total premiums received was paid in by the Coal Industry.
31 percent of the total premiums received was paid in by the Oil Industry.
39 percent of the total premiums received was paid in by all other industries.
50 percent of the total Orders of Award paid out was charged against the Coal Industry.
20 percent of the total Orders of Award paid out was charged against the Oil Industry.
30 percent of the total Orders of Award paid out was charged against all other Industries.
Source:
(4)
1924
Industry: Paid Out on Received Account
Orders of Award Premiums
Coal Mining $255,664.23 $118,933.88
26 percent of the total premiums received was paid in by the Coal Industry.
36 percent of the total premiums received was paid in by the Oil Industry.
38 percent of the total premiums received was paid in by all other industries.
38 percent of the total Orders of Award paid out was charged against the Coal Industry.
24 percent of the total Orders of Award paid out was charged against the Oil Industry.
38 percent of the total Orders of Award paid out was charged against all other Industries.
Source:
(5)
...So this new plan, while it was fought bitterly in the beginning by those of narrow vision, is now being accepted by the overwhelming majority in every community where it has been tried, as a necessary concomitant of modern industrialism.
Source:
Hoskins, A.D., State Treasurer, The Laramine Republican Company, Fourth Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1919", Laramine, Wyoming, pages 9-10.
Summary of Receipts and Disbursements Classified as to Industry
1922
Industry: Paid Out on Received Account
Orders of Award Premiums
Coal Mining $155,162.62 $117,036.23
36 percent of the total premiums received was paid in by the Coal Industry.
32 percent of the total premiums received was paid in by the Oil Industry.
32 percent of the total premiums received was paid in by all other industries.
43 percent of the total Orders of Award paid out was charged against the Coal Industry.
27 percent of the total Orders of Award paid out was charged against the Oil Industry.
30 percent of the total Orders of Award paid out was charged against all other Industries.
Source:
(3)
1923
Industry: Paid Out on Received Account
Orders of Award Premiums
Coal Mining $335,600.76 $152,158.35
30 percent of the total premiums received was paid in by the Coal Industry.
31 percent of the total premiums received was paid in by the Oil Industry.
39 percent of the total premiums received was paid in by all other industries.
50 percent of the total Orders of Award paid out was charged against the Coal Industry.
20 percent of the total Orders of Award paid out was charged against the Oil Industry.
30 percent of the total Orders of Award paid out was charged against all other Industries.
Source:
(4)
1924
Industry: Paid Out on Received Account
Orders of Award Premiums
Coal Mining $255,664.23 $118,933.88
26 percent of the total premiums received was paid in by the Coal Industry.
36 percent of the total premiums received was paid in by the Oil Industry.
38 percent of the total premiums received was paid in by all other industries.
38 percent of the total Orders of Award paid out was charged against the Coal Industry.
24 percent of the total Orders of Award paid out was charged against the Oil Industry.
38 percent of the total Orders of Award paid out was charged against all other Industries.
Source:
(5)
December 31, 1917(1)
Kemmerer Coal Company, Frontier:
Balance September 30, 1916---------------------------------------------------$12,140.44
Received account premium on monthly pay rolls-----------------------------9,257.76
Transferred from account PJ Quealy Coal Company------------------------3,000.41
Paid out on orders of award------------------------------------9,231.86------------------
Balance remaining December 31, 1917----------------------15,166.75------------------
24,389.61 $24,389.61
December 31, 1918(2)
Kemmerer Coal Company, Frontier:
Balance September 31, 1917---------------------------------------------------$15,166.75
Received account premium on monthly pay rolls----------------------------10,757.86
Paid out on orders of award------------------------------------6,672.36------------------
Balance remaining December 31, 1918----------------------19,252.25------------------
$25,924.61 $25,924.61
December 31, 1922(3)
Kemmerer Coal Company, Frontier:
Balance December 31, 1921-----------------------------------------------------$5,323.72
Received account premium on monthly pay rolls----------------------------14,622.28
Paid out on orders of award----------------------------------17,863.51------------------
Balance remaining December 31, 1922---------------------- 2,082.50------------------
$19,946.01 $19,946.01
December 31, 1923(4)
Kemmerer Coal Company, Frontier:
Balance December 31, 1922-----------------------------------------------------$2,082.50
Received account premium on monthly pay rolls----------------------------28,166.88
Paid out on orders of award--------------------------------$192,506.64------------------
Overdraft December 31, 1923------------------------------------------------$162,257.26
$192,506.64 $192,506.64
December 31, 1924(5)
Kemmerer Coal Company, Frontier:
Overdraft December 31, 1923------------------------------$162,257.26
Received account premium on monthly pay rolls----------------------------34,130.43
Paid out on orders of award---------------------------------117,194.09------------------
Overdraft December 31, 1924--------------------------------------------------245,320.92
$279,451.35 $279,451.35
December 31, 1925(6)
Kemmerer Coal Company, Frontier:
Overdraft December 31, 1924-------------------------------$245,279.25
Received account premium on monthly pay rolls----------------------------40,182.23
Paid out on orders of award---------------------------------18,641.96--------------------
Overdraft December 31, 1924--------------------------------------------------223,738.98
$263,921.21 $263,921.21
Sources:
(1)Gates, Herman, State Treasurer, The Laramine Republican Company, Second Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1917", Laramine, Wyoming, page 24.
(2)Gates, Herman, State Treasurer, The Laramine Republican Company, Third Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1918", Laramine, Wyoming, page 43.
(3)Hoskins, A.D., State Treasurer, The Laramine Republican Company, Seventh Report, "Workmen's Compensation Department of the State of Wyoming", December 31, 1922, Laramine, Wyoming, pages 7 and 79.
(4)Snyder, J.M. State Treasurer,The Laramine Republican Company, Eighth Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1923, Laramine, Wyoming, pages 15-16, 89.
(5)Snyder, J.M. State Treasurer, Ninth Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1924, pages 18-19, 88.
(6)Snyder, J.M. State Treasurer,Tenth Report, "Workmen's Compensation Department of the State of Wyoming, December 31, 1925, page 67.
Statistics of Miners Killed in Frontier Mine No. 1. 14 August 1923:
14 American--10 married, 4 single, 26 children
12 Austrian--6 married, 6 single, 22 children
37 Italian--16 married, 21 single, 32 children
17 Japanese--8 married, 9 single, 3 children
11 Finnish--6 married, 5 single, 6 children
5 Mexican--5 married, 6 children
2 Slavic--2 married, 2 children
1 Canadian
99 miners--53 married men--46 single men--97 dependent children
Source:
The Kemmerer Republican, Friday August 24, 1923, page 2
Wyoming Worker's Compensation Fund
33 Compensation Cases Filed
Many erroneous reports have gone forth concerning the compensation, particularly as to the shortage in the state funds. The fact is that there is nearly a million dollars now in this fund. The law is that widows receive $2,000, while dependents of single men get $1,000. For children the law allows $120 a year for boys until they are 16 and the same for girls until they reach 18 years of age, with a maximum of $3,600 for children in any one family. It is estimated that over two hundred thousand dollars will be appropriated to the families of the victims of the disaster. In the case of aliens, with dependents in other countries, one-third of the above amounts applies. Under the compensation law, the Kemmerer Coal Company will have to pay 3 percent of the amount of its payroll into the state fund until the vast sum that is now appropriated it reached.Statistics of Miners Killed in Frontier Mine No. 1. 14 August 1923:
14 American--10 married, 4 single, 26 children
12 Austrian--6 married, 6 single, 22 children
37 Italian--16 married, 21 single, 32 children
17 Japanese--8 married, 9 single, 3 children
11 Finnish--6 married, 5 single, 6 children
5 Mexican--5 married, 6 children
2 Slavic--2 married, 2 children
1 Canadian
99 miners--53 married men--46 single men--97 dependent children
Source:
The Kemmerer Republican, Friday August 24, 1923, page 2
33 Compensation Cases Settled
Unequaled in the history of workmen's compensation that greatest of all laws for the workers, was the record for promptness of relief secured for 33 families of the victims of the mine disaster of last week. Yesterday state warrants for $133,000 were due to arrive in Kemmerer in settlement in full for 33 cases.
After the last of the mine horror victims had been tenderly laid away, attention was at once turned to compensation from the state fund, and the task started. Judge Arnold and Reporter Cook of the District Court were on hand Monday, and Clerk of the Court Wilford Neilson, as soon as he received the employer reports from the Kemmerer Calvary in charge of the compensation fund of the state was that the claims had been passed upon in his office and the warrants were in the mail and should reach Kemmerer yesterday.
The figures relative to the cases follow:
99--Total death 99
99--Total cases reported for compensation August 21
33--Cases handled that day--31 widows, 2 mothers, 36 minor boys and 34 minor girls.
$2,000--Amount awarded 2 mothers
$69,070.01--Amount awarded children
$133,070.01--Total award in 33 cases
The remaining 66 cases will be acted upon as soon as company reports are received, and many details are learned. The remaining are largely those of foreigners with dependents in other countries, and some of them no doubt will require much investigation and time before awards can be made.
Source:
The Kemmerer Republican, Friday, August 24, 1823, page 1.
Mining Accident Compensation
Compensation to Run Near $250,000
Compensation to Run Near $250,000
In paying out to the families and dependents of miners killed in the recent disaster in the Frontier mine at Kemmerer what is estimated will amount to more than $221,700, the State Workmen's Compensation law as amended by the 1923 Wyoming legislature, is receiving its first big test.
So far the Workmen's Compensation department has paid 33 claims which is for one-third of the total number of men killed. This work was completed in 10 days, and $88,713.34 has been turned over to the dependents. As the remaining 66 mostly aliens and are entitled to only one-third as much as the others, the amount which they will be allowed is estimated at $133,070.01.
Contrary to the general opinion, all the total paid out the fund is charged to the employer, in this case the Kemmerer Coal company, and that concern is required to make up this amount in monthly payments.
Every employer engaged in any of the occupations defined as extra-hazardous is required to pay into the state treasury for the benefit of the Industrial Accident fund a sum of money equal to one-half of one percent of the money earned by each of his employees engaged in such extra-hazardous employment during each month of employment. For the purpose of encouraging care on the part of employers and thus decreasing accidents to employees, and to the end that each employer shall compensate all injuries to the workmen of such employer and not those of other employers, the State Treasurer keeps a separate account for each employer so contributing to the fund, and charges against the account of each employer all warrants paid from the fund.
Each employer continues to make monthly contributions as provided unless his account after making the deductions for accidents is equal one and one-half percent of his annual payroll computed by multiplying his current month's pay-roll of workmen engaged in extra-hazardous employment by 12 and likewise be not less than $3,000.00, provided, however, that any employer whose account is overdrawn shall be required to pay monthly a sum of money equal to three percent of the moneys earned by each of his employees engaged in such extra-hazardous employment during each month of such employment until such overdraft shall be paid. Such employer is not compelled to contribute when his contributions in the fund, after making deductions as aforesaid, shall equal one and one-half percent of his annual pay-roll, and likewise be not less than $3,000.00
Under the Compensation act, dependent families, meaning those members of the workingman's family who were wholly or in part actually dependent on him at the time of injury, receive a set amount from the fund. A widow or dependent widower, as the case may be, is paid a lump sum of $2,000 at the time of death. For each boy under 16 and each girl under 18, $120 additional is paid each year until the child reaches the age set or until $3,600 has been paid out. This latter also applies to children over 16 years of age if they are physically or mentally incapacitated from earning.
As about two-thirds of the dead men were aliens, the payments would come under the aliens dependent families clause where their families reside beyond the jurisdiction of the United States. This provides that the payment made shall not exceed 33 and one-third per cent of the compensation above provided.
Source:
Wyoming Tribune, 31 august 1923.
Cases are to be Settled Monday
Judge will Decide on Compensation for Dependents of Mine Victims
The workmen's compensation claims of a number of dependents of victims of the Kemmerer Coal Co. No. 1 mine horror of August 14, are causing considerable interest, both on the part of the U.M.W. of A officials, and the coal company, and following a conference between District President Martin Cahill and District Vice President George Young and P.J. Quealy, general manager of the Kemmerer Coal Co., and T.S. Taliaferro, attorney for the company at Labor Hall Wednesday night, it was agreed that each side present its records and information before Judge Arnold for decision.
Judge Arnold was communicated with the same evening and stated he would come to Kemmerer next Monday to consider the claims, beginning at 2 p.m. when the widows will appear.
There is some dispute over the records of some of the ill-fated miners, possessed by the coal company. It appears that when a number of the men, especially the sons of the widowed mothers involved, accepted positions in the mine, they wrote "no dependts" (sic) upon their compensation records, perhaps under a misunderstanding, as the mine officials believe and contend. Nearly a dozen mothers are represented in this angle, and the total compensation hinged upon this contention is around $16,000.
The poits(sic) that are to be submitted also involve compensation for foreign dependents of survivors.
Mr. Quealy stated at the conference Wednesday evening, after everything had been arranged to take the testimony before a shorthand reporter, of the widows and mothers, that this would be useless, as the conference could not decide, and it was a matter strictly to be laid before an impartial judge, that his company would submit their records, add the miners officials could at the same time submit their information, and all should abide by the decision.
Mr. Quealy also said that he wished it understood that his company was in no way contesting the compensation, but that the records in his possession did not agree with the contention of the miners' officials.
Source:
The Kemmerer Republican, 21 September 1923, page 1.
Mothers Given Award by Court
Dependent Parents of Mine Explosion Victims Each Given $1,000
Disposition of five cases involving workmen's compensation for three widowed mothers of sons, whose lives were lost in the August 14 last, and two widows of Japanese victims was made by Judge Arnold in the District Court yesterday. The mothers' cases were those of Mrs. Harriet Wainwright, Mrs. John Sager and Mrs. Bertha Erickson, who besides losing their sons, lost their husbands in the disaster. Compensation for the loss of husbands was made immediately following the sad affair.
The two Japanese widows whose cases were considered are those of Mrs. C. Hagi and Mrs. K. Kirino, wherein an agreement was reached, but the award had not been made up to last evening.
The cases of the dependents were prepared by Martin Cahill and George Young, president and vice-president of the U.M.W of A., District No. 22, who were represented at the hearing before Judge Arnold by Attorney Douglas A. Preston, of Rock springs, who in his able manner presented the facts that had been compiled to the court.
The three cases of the widows who lost sons originated when the Kemmerer Coal Co., records showed that the youths, Joe Wainwright, Jr., John Sager, Jr. and young Erickson, had signed the compensation papers without naming dependents; in fact writing "none" in the blank space. The was presented to the court by the company for its consideration in making award, the company manager, P.J. Quealy, making it plain that his company in no way was opposing the claims, but desired action to be regular.
Mrs. Wainwright, Mrs. Sager and Mrs. Erickson in turn were called to the witness stand, where they testified that their sons gave their pay envelopes to their mothers each payday, and the money went toward the support of the family and maintenance of the homes.
P.J. Quealy was called as a witness in one case, that of Mrs. Sager, and testified that he knew, as president of the First National bank, that John Sager, Jr., kept a joint bank account with his mother and knew her son was part of her support. T.S. Taliaferro of Rock Springs represented the coal company a the hearing, and Clerk of Court made a record of all proceedings.
Action in the compensation cases of dependents of John A. Zumbrennen, Louis and Ike Roberts was postponed, awaiting the presentation of more facts. There still are a large number of cases resulting from the mine explosion yet to be acted upon.
Source:
The Kemmerer Republican, 28 September 1923, page 1.
