HD 
 7144 
 P84 
 1917 
 
THE 
 
 martin p. catherwood 
 Library 
 
 OF THE 
 
 SCHOOL 
 
 OF 
 
 INDUSTRIAL AND LABOR 
 
 RELATIONS 
 
 AT 
 CORNELL UNIVERSITY 
 
CORNELL UNIVERSITY LIBRARY. 
 
 3 1924 078 687 914 
 
THE 
 
 MARTIN P. CATHERWOOD 
 
 LIBRARY 
 
 OF THE 
 
 SCHOOL 
 
 OF 
 
 INDUSTRIAL AND LABOR 
 
 RELATIONS 
 
 AT 
 CORNELL UNIVERSITY 
 
GOTBRNMKNT OH 1 POBTO RICO 
 
 WORKMA.N'S RELIEF COMMISSION 
 
 SPECIAL REPORT 
 
 OF THE 
 
 WORKMAN'S RELIEF COMMISSION 
 
 LEGISLATIVE ASSEMBLY OF PORTO RICO 
 
 COVERING OPERATIONS UNDER THE WORKMAN'S 
 
 COMPENSATION ACT FROM JULY 1st, 1916 
 
 TO JANUARY 31, 1917 
 
 SAN JUAN, P. R. 
 
 Bureau of Supplies, Phinting and Transportation 
 
 1917 
 
MEMBERS OF THE COMMISSION 
 
 Howard L. Kern Chairman 
 
 Attorney General 
 Charles F. Hill Secretary 
 
 Acting Treasurer 
 Manuel Camunas Member 
 
 Director of L. C. C. 
 
 Dr. A. Martinez Alvarez Member 
 
 J. A. Canals Member 
 
 PERSONNEL 
 
 Vicente Laborde Besosa Administrative Secretary 
 
 Tomas Vera Eiera Cleric 
 
INTRODUCTION. 
 
 Only seven months have passed since the Workman's Compensa- 
 tion Act of Porto Rico went into effect. This law is, however, the 
 first of its nature that has been enacted by the Legislative Assembly 
 of Porto Rico. It contains defects which were unavoidable in the 
 drafting of a law when there was no experience in the way of ade- 
 quate statistical information to guide the legislators. The Work- 
 man's Relief Commission is of the opinion, however, that the law 
 is accomplishing many of the beneficial results which the Legislative 
 Assembly had in mind in enacting it and feels that the complete 
 realization of the possibilities of such legislation should not be de- 
 layed. For this reason, although the experience of the Commission 
 under the law has been for seven months only and, therefore, the 
 statistical information available covers a period too short, perhaps, 
 to serve as an accurate basis for estimating results, the Commission 
 presents this report to the Legislative Assembly. There are certain 
 defects in the law which are now known and which should be imme- 
 diately remedied, and the Commission believes that the Legislative 
 Assembly would wish to perfect the law at this time in so far as 
 possible. There is a further reason for the publication of this report, 
 which is, to bring before the employers and employees of the Island 
 in detailed and readable form the purposes and advantages of the 
 Workman's Compensation Act. 
 
 Property 6! _ 
 KHZ JR f. CATHERWOOD OWJWT 
 
 HWYORK STATE SCflOOL OF 
 
 ,HDtt$TMAl MID « rM0HS 
 
 Cornell University 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924078687914 
 
BRIEF HISTORY OF LEGISLATION IN PORTO RICO 
 AFFECTING INJURIES TO WORKMEN. 
 
 Prior to the American occupation of Porto Rico the right of 
 injured workmen to damages against their employers was regulated 
 largely by the provisions of sections 1902, 1903 of the Spanish Civil 
 Code then in force in the Island. These sections were continued in 
 the Civil Code of Porto Rico without modification in sections 1808, 
 1804 and are still in force. These sections are printed in Appendix 
 "D" of this report. 
 
 In 1902 the Legislative Assembly also enacted an employers' lia- 
 bility law. This was modeled after laws of that type generally in 
 force in the United States ten and fifteen years ago. It is still in 
 force except in so far as it is inconsistent with the provisions of 
 the Workman's Compensation Act. Many cases have been brought 
 under its provisions, a few of which have gone to the Supreme Court 
 of the Island. The usual defenses of assumption of risk and con- 
 tributory negligence have been allowed, and only in rare cases has 
 the injured workman obtained redress in the courts for his injuries. 
 This law is printed in Appendix "D" of this report. 
 
 Federal laws, not locally inapplicable, are in force in Porto Rico. 
 The Employers' Liability Act of 1908 has been held applicable to 
 Porto Rico (American Bailroad Co. v. Birch, 224 U. S. 547 ; Amer- 
 ican Railroad Co. v. Didrichsen, 227 U. S. 145). By its terms it 
 is confined to common carriers by railroad and affects, therefore, very 
 few workmen in the Island. It is printed in Appendix "D" of this 
 report. 
 
 The unsatisfactory results of the legislation governing the recovery 
 of damages prior to the enactment of the Workman's Compensation 
 Act of 1916 was the cause of considerable dissatisfaction and of vari- 
 ous efforts to remedy the situation. Compensation acts were intro- 
 duced in the Legislative Assembly at the regular sessions of 1913, 
 1914 and 1915, in each year passing one or the other of the legis- 
 lative bodies but failing of approval by both. At the session of 
 1914 a commission was appointed by joint resolution to study the 
 problems of workmen's compensation and to present a draft of a 
 bill to the Legislature at the regular session of 1915. By the terms 
 of this resolution the Commission was composed of the President of 
 
the Executive Council, the Speaker of the House of Delegates, the 
 Attorney General of Porto Rico, the Chief of the Bureau of Labor, 
 and a Justice of the Supreme Court, to be appointed by the Gov- 
 ernor of Porto Rico. This Commission, after as careful a study as 
 its facilities permitted, presented a draft of a compulsory compen- 
 sation act, which was approved by the House of Delegates. Con- 
 siderable opposition arose, however, because of the failure to pro- 
 vide for a Government insurance plan, and the bill failed to pass 
 in the Executive Council. 
 
 Outline of Workman's Compensation Act. 
 
 The present Workman's Compensation Act of Porto Rico was 
 enacted on April 13, 1916 (Laws of 1916, p. 51). It is printed 
 in Appendix "D" of this report. 
 
 This law is elective, both employers and employees being given 
 an opportunity to reject its benefits. It applies, however, to all 
 workmen in Porto Rico who have not rejected its benefits and who 
 are in the employ of employers who have not rejected its benefits, 
 with certain exceptions. These exceptions are of two classes: (1) 
 those to whom the law cannot apply; and (2) those to whom the 
 law does not apply in the case of a particular injury. The first 
 class of exceptions includes the following: (a) Where there are less 
 than five workmen subject to the law employed by an employer; (6) 
 Farm laborers who are not employed to work with machinery driven 
 by steam, gas, electric, or other mechanical power; (c) Domestic 
 servants; (d) Persons employed in clerical work in offices and com- 
 mercial establishments where machinery is not used, and (e) Em- 
 ployees earning more than $1,200 a year. The second class of excep- 
 tions includes: (a) Accidents to workmen received while wilfully 
 intending to commit crimes or trying to cause injury to their 
 employers or other persons; (6) When the workman voluntarily 
 brought the injury upon himself; (c) When the intoxication of 
 the workman was the proximate cause of the injury; (d) When 
 the injury was caused by the wilful criminal act of a third person ; 
 (e) When the injured workman was engaged in clerical work in an 
 office or commercial establishment where machinery is used, but was 
 not actually in use when the accident occurred, and (/) When the 
 gross negligence of the workman was the sole cause of the injury. 
 
 The law creates a Workman's Relief Commission, composed of 
 the Treasurer of Porto Rico, or, in his absence, the Assistant Treas- 
 urer; the Attorney General of Porto Rico, or, in his absence, the 
 Assistant Attorney General; the head of the department in which 
 
the Bureau of Labor is placed, or, in his absence, the acting head 
 of that department; and two members appointed by the Governor 
 of Porto Rico with the approval of the Executive Council. This Com- 
 mission administers the Workman's Relief Trust Fund, composed of 
 $25,000, temporarily advanced by the Insular Government and of 
 the premiums paid by the employers; determines the awarding of 
 compensation to injured workmen; and, in general, is charged with 
 the enforcement of the law. 
 
 As indicated, the law is elective. Employers desiring to reject 
 its benefits are permitted to do so by filing a statement with the 
 Commission prior to a certain date. Such employers, however, when 
 sued by their workmen, are prohibited from setting up the defenses 
 of contributory negligence, fellow-servant rule, assumption of risk 
 and negligence of a subcontractor or an independent contractor. If, 
 however, a workman rejects the benefits of the law and brings suit 
 for an injury, his employer is entitled to all of the defenses here 
 enumerated. 
 
 In accordance with the provisions of the act, the "Workman's 
 Relief Commission has classified the various occupations of workmen 
 into five groups based on the probable risk or liability of injury 
 to such workmen. The highest insurance rate under the law is 4 per 
 cent of the total annual pay-roll. The rates actually fixed for the 
 five groups for the present are as follows: Group I, 4 per cent; 
 Group II, 2y 2 per cent; Group III, 1% per cent; Group IV, 1 per 
 cent; and Group V, % per cent. The complete grouping of occu- 
 pations is printed in Appendix "C. " 
 
 The procedure established by the law, as further amplified by 
 the rules and regulations and by-laws of the Commission, requires 
 a report of each injury to a workman to be made by his employer 
 within ten days after the date of the accident. The injured work- 
 man, or some one in his behalf, must submit a petition for com- 
 pensation on a blank form covering the information needed by the 
 Commission within ninety days. The Bureau of Labor also makes 
 an investigation and report, and reports are required from the phy- 
 sician attending the injured workman. With these reports before 
 the Commission and with such additional information as the Com- 
 mission deems necessary in each case, a decision is made awarding 
 or denying compensation, reimbursements for medical expenses, etc. 
 
 The law provides that injured workmen shall receive medical at- 
 tendance and, prior to the date on which compensation is allowed, 
 such medicines and food supplies as the Workman's Relief Commis- 
 sion may prescribe. Compensation is awardable on a basis of three- 
 
fourths of the average weekly wages of the injured workman, the 
 minimum and maximum allowable being $3 and $7 respectively. If 
 the injury is of a permanent character and the workman is totally 
 incapacitated for work, he is entitled to the sum of $1,500, and in 
 addition an allowance within the limits above mentioned of three- 
 fourths of his average weekly wages for a period of 208 weeks. In 
 case of death the legal heirs of a deceased workman depending ex- 
 clusively on his earnings for their support, are entitled to burial 
 expenses not to exceed $40 and to such sums as the injured work- 
 man would have been entitled to receive had- his injury resulted in 
 total incapacity. The manner and times of payment of compensation 
 are subject to the discretion of the Commission. 
 
 The blank forms for the reports used in connection with injuries, 
 the receipts for expenditures and the various circular letters to em- 
 ployers, doctors, etc., are printed in Appendix "E" of this report. 
 
 Organization of the Commission and Its Work. 
 
 The Workman's Relief Commission was organized, in accordance 
 with the provisions of the law, at a meeting held on May 11, 1916. 
 The minutes of that meeting are printed in Appendix "A" of this 
 report. 
 
 The present members of the Commission are as follows: 
 
 Howard L. Kern, Attorney General, chairman; 
 
 Manuel Camunas, Director of Labor, Charities and Correction, 
 chairman pro tempore; 
 
 Charles F. Hill, Acting Treasurer of Porto Rico, secretary; 
 
 Dr. A. Martinez Alvarez, secretary pro tempore; and 
 
 Jose A. Canals, C. E., member. 
 
 The term of Dr. Martinez began on May 10, 1916, and that of 
 Mr. Canals on May 23, 1916. 
 
 The rules and regulations and by-laws of the Commission were 
 adopted in accordance with the provisions of section 10 of the law. 
 The rules and regulations supply the necessary working procedure, 
 etc., for the administration of the law and the by-laws govern the 
 organization, etc, of the Commission. These rules and regulations 
 and by-laws, as amended, are printed in Appendix "B" of this report 
 
 The organization of the work of the Commission involved a great 
 deal of work. Not only was it necessary to draft the needed rules 
 and regulations and by-laws and determine the grouping of occupa- 
 tions, but because of the fact that the law was without precedent 
 in Porto Rico and because of its optional nature, it was necessary to 
 give full notice of its provisions to all employers and workmen af- 
 
 8 
 
feeted by it. To accomplish this the Commission published detailed 
 advertisements in the public press of the Island and compiled as 
 accurate a list of persons affected as it could obtain and mailed ex- 
 planatory circular letters to those persons. This circular letter, to- 
 gether with the grouping of occupations as determined by the Com- 
 mission, and the employers' reports of workmen are printed in 
 Appendix "C" of this report. 
 
 Expenses op the Commission. 
 
 Every effort has been made to limit the expenses of administer- 
 ing the law. In organizing the work, it was necessary to purchase 
 certain articles of office furniture, desks, typewriters, chairs, flies, etc., 
 and it has also been impossible to avoid considerable bills for print- 
 ing circular letters, forms, etc., and advertising. The work could 
 never have been done, however, at as small expense as has been 
 incurred had it not been that the Commission has received extensive 
 help from the Department of Labor, Charities and Correction, the 
 Treasury Department and the Attorney General's office. 
 
 The expenses, exclusive of compensation and other allowances in 
 connection with injuries to workmen, have been as follows from the 
 organization of the Commission on May 11, 1916, to January 31, 1917 : 
 
 EXPENSES OE ORGANIZATION. 
 
 Office furniture - $441.01 
 
 Advertising provisions of act, notices to em- 
 ployers, etc., prior to taking effect of law 294. 57 
 
 Printing of circular, blanks, etc 721. 25 
 
 Postage, mostly incurred in sending of circu- 
 lars, etc., at time law went into effect 161. 05 
 
 Salaries of temporary clerks during organiza- 
 tion 29. 75 
 
 Total original expenses $1,647.63 
 
 EXPENSES OF ADMINISTRATION. 
 
 Per diems to two members of Commission not 
 
 heads of departments, $5 per meeting $290. 00 
 
 Salary administrative secretary 1, 079. 16 
 
 Salary temporary clerk 360. 25 
 
 Stationery 147. 93 
 
 All others 32. 19 
 
 Total running expenses 1,909.53 
 
 Total expenses 3,557.16 
 
 9 
 
The expenses for advertising, office furniture and, to a consider- 
 able extent, those for printing and postage, were incurred in organ- 
 izing the work of the Commission. These are expenditures of a 
 special nature and will not recur. At present the monthly expenses 
 for per diems of members of the Commission and salaries of the 
 administrative secretary and clerk are $210. The average monthly 
 expenditures for expenses of administration, other than per diems 
 and salaries, is $25.73. 
 
 Proposed Amendments. 
 
 In order to present the needed amendments to the existing law 
 in a concrete form, the exact wording of these amendments, together 
 with the reasons for each of them, are here suggested. These pro- 
 posed amendments are intended to enable the fullest realization of 
 the policy of the Legislature as stated in the. existing law. They 
 do not provide for any fundamental changes such as would be neces- 
 sitated if the Legislature desires to make the law compulsory or to- 
 require any basic changes in the existing insurance system. The evils 
 incident to litigation or to private settlement without litigation, with 
 the frequent inadequate compensation to injured workmen which 
 follows such litigation or settlement, cannot apparently be entirely 
 remedied by an optional act. At the present time the workmen sub- 
 ject to the provisions of the law constitute only a small minority of 
 the total workmen of the Island who should be protected by its pro- 
 visions. The enlargement of the scope of the law, however, the adop- 
 tion of the compulsory principle, or the modification of the existing 
 insurance provisions are all matters of policy which the Commission 
 believes should be determined by the Legislature rather than by it. 
 For this reason, the following proposed amendments refer simply to 
 making more workable the policy and methods of procedure actually 
 provided for in the law now in force. These proposed amendments 
 are as follows: 
 
 Section 3.— Omit ' ' or where if used the accident does not occur on occasion 
 when the same are being used." 
 
 The present provision complicates without reason. This matter 
 is of slight importance as it refers to a situation that would seldom 
 arise. But the risks of machinery cannot be absolutely limited to 
 machinery in motion or in use. The difficulty also arises of assess- 
 ing premiums against the wages of such workmen. It is practically 
 impossible to divide the wages according to the estimated time that 
 the machinery may be or has been in use. Certainty and definite- 
 
 10 
 
ness are qualities to be desired. A provision which is impossible to 
 enforce accurately and which serves no useful purpose should be 
 eliminated. 
 
 Section 4. — Strike out "for a period not exceeding eight weeks of disability" 
 and amend the provision of paragraph (a) to read: 
 
 "Provided, That all food supplies granted shall be deducted from the com- 
 pensation awarded. " 
 
 The purpose of this amendment is to permit the Commission, in 
 its discretion, to pay for medicines required in connection with the 
 injury and to clarify the allowance of food supplies. Expenses in- 
 curred in the purchase of medicines are directly the result of the 
 injury and ought not generally to be borne by the injured workman 
 out of the compensation awarded him. To force him to do so actually 
 results in decreasing the compensation to that extent. On the other 
 hand, food supplies, where granted, should be deducted from the 
 compensation as they are not additional expenses due to the accident, 
 but actually take the place of compensation. 
 
 Section 4. — Insert the following after paragraph (a) of seetion 4: 
 ' ' And provided further, That the Workman 's Relief Commission is authorized 
 to pay fees to Insular or municipal physicians or practicantes and grant allowances 
 for the services of municipal hospitals when, in its judgment, it is deemed advis- 
 able." 
 
 A difficulty has arisen in the payment of medical fees to physicians 
 who are in the employ of the Insular Government or its dependencies. 
 The Commission believes that the payment of fees to such physicians 
 as well as the granting of allowances for the services of municipal 
 hospitals should be specifically authorized. 
 
 Section 4. — Add the following paragraph after paragraph (c) : 
 " (d) If the injury sustained is of a permanent character, and the workman 
 becomes totally incapacitated temporarily and partially incapacitated permanently, 
 then the said injured workman shall be paid for each week of total incapacity as 
 provided in paragraph (6) of this section, and in addition such amount as the 
 Workman's Eelief Commission may determine, not exceeding that proportion of 
 the allowance provided for in paragraph (c) of this section as the permanent 
 partial disability sustained bears to total permanent disability. ' ' 
 
 Amend section 7 to read as follows: 
 
 Section 7. — 
 (a) Permanent total incapacity: 
 
 The following injuries shall be deemed to constitute permanent total inca- 
 pacity, entitling the injured workman to the relief provided for in subdivision («) 
 of section 4 of this law: 
 
 1. Total and permanent loss of sight of both eyes. 
 
 2. Loss of both feet at or above the ankles. 
 
 11 
 
3. Loss of both hands at or above the wrists. 
 
 4 Loss of one hand and one foot. 
 
 5. Injuries resulting- in permanently incapacitating the workman from per- 
 forming any work at any gainful occupation. 
 (61 Permanent partial incapacity: , 
 
 The following injuries shall be deemed to constitute permanent partial mca- 
 
 PaCI Any permanent injury which does not constitute a permanent total incapacity 
 as provided for in the preceding paragraph (a), such as the loss of one eye, one 
 foot one hand, or any other injury of a permanent character which does not 
 totally incapacitate a workman from any work in a gainful occupation. 
 
 (c) The following injuries shall be deemed to constitute injuries of a tem- 
 porary character: 
 
 Injuries not provided for in the preceding paragraphs (a) and (6) of this 
 
 section. 
 
 The purpose of this amendment is to supply a deficiency in the 
 existing law, which provides for injuries of a temporary character 
 and for injuries of a permanent character. Under the law, however, 
 permanent partial incapacity such as result from the loss of one 
 hand, one eye, one foot, etc., can be compensated only as injuries of 
 temporary character. 
 
 Section 13.— Insert after "June 1, 1916," the following: "and before June 
 1st of each succeeding year." 
 
 There is some doubt under the present law whether the "Work- 
 man's Relief Commission is authorized to reclassify and group the 
 occupations as fixed on June 1, 1916. The classification and group- 
 ing made on that date were of necessity effected without the benefit 
 of any actual experience under the law. The successful administra- 
 tion of the law requires certain changes in these groups and classi- 
 fications. 
 
 Insert the following paragraph between the first and second paragraphs of 
 this section: 
 
 ' ' The Workman 's Belief Commission may provide for as many subgroups as 
 it may find necessary and may fix different rates for any group or subgroups of 
 any group so long as such rates are within the limits hereinbefore fixed for such 
 group. ' ' 
 
 Experience has shown the need of a greater classification of rates. 
 Under the present law all occupations of the Island must be included 
 under one of five rates. This is not just to many occupations in 
 which, while the risks are too great to place them in the group paying 
 the next succeeding lower rate, still are not such as to require their 
 being continued at their present rates. In justice to employers in- 
 sured, their actual rates should bear as close a relation as possible to 
 
 12 
 
their existing risks. It is not possible to meet the insurance problem 
 fully when the law provides that there shall not be over five insur- 
 ance rates. The system should he more elastic and the Workman's 
 Relief Commission should be granted fuller powers in its business 
 enforcement. 
 
 Section ]4. — The addition of the following paragraph: 
 
 ' ' Any employer ceasing to be subject to the provisions of this law prior -to 
 July 1st or January 1st of any year, even though he has not elected to reject its 
 benefits, may exempt himself from the payment of premiums for the ensuing 
 semester or semesters by giving such notice and proof that he will not be subject 
 to the law as the Workman's Belief Commission may require. Any such employer 
 subject to the law during any part of a semester shall pay the premiums for that 
 entire semester, being entitled to such reimbursements, if any, as are provided 
 for in section 15 of this act; Provided, That in such cases reimbursements may 
 be made at the expiration of the semester for which said premiums were paid." 
 
 The purpose of this amendment is to meet the problems that have 
 arisen in cases where employers who have not rejected the law have 
 gone out of business. It is unfair to oblige them to pay premiums 
 and to hold their payments for a year before they can be refunded. 
 
 Section 14. — The addition of the following paragraph following the preceding 
 proposed amendment: 
 
 ' ' Should any employer — whether individual, firm, copartnership, association, 
 or corporation — insured under the provisions of this law transfer the business 
 during the period for which such employer is insured to the name of another 
 employer — whether individual, firm, copartnership, association, or corporation — 
 the Workman's Belief Commission may, upon written notice and consent from 
 both the employer originally insured and the employer to whom the business is 
 transferred, assign all rights, credits and obligations pertaining to the employer 
 originally insured to his successor, and in such eases shall substitute the name of 
 the assignee in place of the name of the employer originally insured, in all accounts, 
 records and other matters pertaining thereto, for the remainder of the period for 
 which the first employer was insured, the provisions of section 28 hereof not- 
 withstanding. ' ' 
 
 This amendment is proposed merely in the interest of making as. 
 feasible as possible the transfer or reorganization of a business already 
 established during the period for which the insurance has been secured. 
 
 Section 23. — Add the following paragraph: 
 
 ' ' Any employer, subject to the provisions of this law, beginning business- 
 subsequent to April 30 of any year may elect to reject its benefits by filing the 
 statement herein above mentioned not less than five days prior to the date upon 
 which such new business is actually begun. ' ' 
 
 This amendment is intended to extend the optional nature of the 
 law to new businesses. At present employers beginning business after 
 it is too late to file their notice of election to reject the benefits of 
 
 13 
 
the law are forced to be subject to its provisions. In view of the 
 fact that the law is intended to be optional, it should be made so in 
 fact to all employers without discrimination. 
 
 Section 23. — Add also the following paragraph: 
 
 ' ' In case any injury occurs to any workman of an employer who is subject 
 to the law, and who has not rejected the benefits of the law as herein provided, 
 and who has failed to comply ivith the provisions of the law in regard to tthe 
 filing of reports and the payment of premium, the Workman 's Belief Commission 
 is authorized to charge against such employer the amount of the relief authorized 
 by the Commission to be paid such workman, and the Treasurer shall levy and 
 assess such amount and shall collect it in the same manner as provided for the 
 collection of premiums. ' ' 
 
 14 
 
OPERATIONS JULY 1, 1916, TO JANUARY 31, 1917. 
 
 The eases brought before the Commission will be classified as — 
 
 (1) Settled — Those which have been definitely disposed of; 
 
 (2) Pending — "Which will be sub-divided — 
 
 A. Cases in which partial awards have been made; 
 
 B. Cases in which no award has been made. 
 
 The settled cases are those in which the injured workman has re- 
 turned to work — the incapacity has ceased — and the amount of com- 
 pensation and the workman's rights have been definitely determined 
 and settled. These cases may be reopened on petition showing fur- 
 ther incapacity, but most, if not all, of them are finally settled. The 
 pending cases are those not finally determined on January 31, 1917. 
 In five of these cases (Group "A") awards have been made, but, 
 because of the seriousness of the accident or lack of complete infor- 
 mation, further action by the Commission is necessary. In the re- 
 maining sixty -five it is necessary to estimate the probable incapacity 
 and consequent compensation to be awarded. 
 
 Nat.ure of Injuries. 
 
 The following table classifies the injuries reported and settled be- 
 tween July 1, 1916, and January 31, 1917, and those pending on the 
 latter date : 
 
 15 
 
Classifii 
 Part 
 
 NATURE OF 
 INJURY 
 
 o 
 
 w 
 
 
 
 ■a 
 
 do 
 o 
 
 a 
 
 5 
 - 
 2 
 
 M 
 
 3 
 5 
 
 o 
 .o 
 
 "3 
 
 ■a 
 a 
 
 03 
 
 ft 
 
 I 
 
 « 
 
 n 
 
 at 
 
 
 SETTLED 
 
 d 
 Z 
 
 
 6 
 
 Z 
 
 
 d 
 
 Z 
 
 CO 
 
 d 
 Z 
 
 0) 
 
 d 
 
 Z 
 
 GO 
 
 6 
 Z 
 
 SO 
 
 6 
 
 z 
 
 
 d 
 Z 
 
 01 
 
 d 
 
 Contusions . . 
 
 21 
 
 41 
 
 3 
 
 4 
 
 2? 
 6? 
 
 3 
 
 1 
 
 9? 
 1? 
 
 6 
 
 2 
 
 9? 
 
 2? 
 
 4 
 7 
 4 
 
 13? 
 35 
 
 7 
 
 11 
 
 4 
 
 17? 
 
 33? 
 
 8? 
 
 3 
 3 
 
 55 
 18? 
 
 
 
 I 
 
 3 
 4 
 
 2 
 
 3 
 
 io?: 
 i 
 
 1 
 
 
 
 
 
 Mi seel la- 
 
 6 
 
 95 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 22 
 
 
 
 Totals 
 
 27 
 
 50? 
 
 7 
 
 75 
 
 4 
 
 11 
 
 8 
 
 12 
 
 15 
 
 241; 
 
 59? 
 
 6 
 
 24? 
 
 9 
 
 H? 
 
 2 
 
 Average time lost 
 per accident, days . 
 
 12 
 
 11 
 
 19 
 
 
 10 
 
 6? 
 
 2 
 2 
 1 
 
 1 
 
 12 
 
 19 
 
 28 
 
 11 
 
 
 PENDING 
 
 10 
 
 18$ 
 
 3 
 1 
 
 107? 
 1 
 
 o 
 1 
 
 6? 
 2? 
 
 3 
 
 2 
 18$ 
 
 i 
 1 
 
 
 
 
 
 
 Contusions . . 
 
 3 
 
 o 
 
 2 
 
 10? 
 3? 
 
 2? 
 
 
 Cuts 
 
 
 
 2 
 
 2? 
 
 1 
 
 
 
 
 
 
 
 
 
 Miscella- 
 
 3 
 
 19 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Totals . . . 
 
 13 
 
 37? 
 
 4 
 
 108? 
 
 3 
 
 9 
 
 3 
 
 6? 
 
 6 
 
 29? 
 
 7 
 
 20? 
 
 
 
 2 
 
 2? 
 
 1 
 
 
 
 
 
 Average time lost 
 per accident, days . 
 
 20 
 
 189 
 
 21 
 
 15 
 
 35 
 
 90 
 
 
 8 
 
 
 
 
 
 
 
 
 
 Claims have also been presented for two eases of body contusions 
 resulting in death, one ease of a foot puncture resulting in tetanus 
 causing death and two cases of total loss of sight of both eyes, due to 
 an explosion. 
 
 In most of the cases given in the above table as pending, the dura- 
 tion of the disability is already practically known. These cases are 
 awaiting medical certificates or further information necessary before 
 the Commission can definitely determine the amounts of compen- 
 sation. In a few cases, however, it is not yet possible to determine 
 the duration of the disability, the injured workman still being inca- 
 pacitated. Infections or complications may prolong these cases. In 
 general, estimates made have been based on the probable maximum 
 of disability. 
 
 It will be noted that there are far more contusions than any other 
 class of injury. Also, if we except one accident causing the loss of 
 
 16 
 
iunes. 
 jured. 
 
 
 "a 
 
 <u a 
 u>3 
 
 J3 
 
 SP 
 2 
 
 >> 
 
 a 
 
 5 
 2 
 
 a 
 
 
 
 a 
 
 3 
 
 s 
 
 S 
 
 Totals 
 
 o 
 
 6 
 
 M 
 
 d 
 
 IB 
 
 [0 
 
 o 
 
 IB 
 
 in 
 
 d 
 
 Si 
 
 
 d 
 
 la 
 
 10 
 
 d 
 
 IB 
 
 CO 
 
 
 
 
 6 
 
 z, 
 
 
 6 
 P5 
 
 
 4* 
 
 7 
 4 
 
 20$ 
 
 8? 
 
 4 
 2 
 
 7 
 1? 
 
 
 
 
 
 2 
 
 2 
 
 2? 
 4? 
 
 1 
 2 
 
 3? 
 5$ 
 
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 15 
 
 66 
 43 
 
 12 
 
 22 
 
 1405 
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 22} 
 
 74$ 
 
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 25 
 
 
 
 
 
 
 
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 143 
 
 324 
 
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 21 
 
 13 
 
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 188? 
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 219} 
 
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 17 
 
 
 
 
 
 28 
 
 383 
 
 54 
 
 a right arm, classified under the pending eases, contusions have caused 
 a much greater loss of time than any other class of injury. Cuts rank 
 second in frequency and importance, and punctures third. 
 
 The greatest number of accidents have been to the torso. These 
 have been largely contusions. They have not been serious, the aver- 
 age time lost of the settled cases being 12 days and the pending cases 
 20 days. The injuries to the head have also been slight, with one 
 exception classified among the pending cases. The data presented re- 
 garding the parts of the body injured and the classification of the inju- 
 ries is probably too incomplete to warrant the drawing of conclusions. 
 
 One fact stands out in the study of these tables, however, and that 
 is that by far the larger part of the accidents were of trivial or slight 
 importance. Of the 143 cases finally disposed of, 47 resulted in inca- 
 pacity for less than 10 days. The average time lost for the 143 cases 
 settled was 16 days. Excluding the three cases of death, two of pos- 
 
 17 
 
sible total incapacity, two injuries to right arms and one injury to 
 the head, the remaining accidents reported, 205 in number, including 
 the estimated incapacity of pending cases, caused an average inca- 
 pacity per accident of less than 18 days. 
 
 Awards in Settled Cases. 
 
 The following table, classifying the cases by occupations, sum- 
 marizes 143 cases in which the awards have been definitely settled: 
 
 18 
 
CO ** CM rf O O ^* O GO CO SO 00 m 00 
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By far, the greater number of workmen injured are engaged in 
 the sugar industry. The great majority of the cases included in the 
 above table refers to accidents occurring prior to the beginning of 
 the grinding season. This explains the small number of accident's 
 occurring in this industry. Furthermore, the accidents in the sugar 
 industry, summarized in the above table, were all of a trivial nature, 
 such as occur to workmen engaged in small repair work, etc., during- 
 the dull season. 
 
 There are very few employers engaged in construction work who 
 have not rejected the law. The accidents in construction work sum- 
 marized in the preceding table have all occurred to workmen in the 
 employ of five employers. 
 
 A large proportion of the bakeries of the Island do not employ 
 five workmen subject to the law, and are not, therefore, included 
 within its provisions. The majority of the larger steamship com- 
 panies rejected the benefits of the law, so that the occupation of 
 longshoring is of minor importance. Comment on the other occu- 
 pations mentioned is unnecessary. 
 
 The allowances for medicines, medical attendance, hospital • serv- 
 ices, advances for food and compensation, given in the above table, 
 represent in the main the less serious injuries. This table must, there- 
 fore, be considered in connection with the subsequent table dealing 
 with claims in pending cases to arrive at any adequate conclusions: 
 as to the operations of the law. „ 
 
 At present the Commission has had to face the urgent need of 
 medicines and food supplies, the latter being required not only by 
 the injured workman but also by his dependents ; the impossibility of 
 obtaining the needed information regarding accidents in order to reach 
 decisions before several weeks have passed, and the lack of facilities- 
 for rendering the necessary temporary aid, which no one is in a situ- 
 ation to render except the employer of the injured workman. As; 
 a government insurance plan is actually a mutual insurance organi- 
 zation of employers, the Commission believed it expedient to permit 
 employers to act as its agents in furnishing medicines and food sup- 
 plies. This was provided for in Article V of the Rules and Regu- 
 lations and in a circular letter of September 25, 1916, printed in 
 Appendix "E" of this report. This plan is believed to be yielding 
 excellent results. 
 
 Adequate medical services are absolutely essential. Their absence 
 may mean prolonged and even permanent incapacity. Allowances, 
 for medical attendance do not decrease the compensation granted the- 
 injured workman. Where under the present limitations of the law 
 
 20 
 
it is necessary to select between the granting of compensation or the 
 allowance of medicines, the Commission grants that which is for 
 the best interests of the workman. 
 
 The first need of the injured workman is prompt and adequate 
 medical attendance. This need is imperative. Other problems are 
 the furnishing of medicines, hospital services and nursing, and food 
 in cases of poverty. These problems are not clearly provided for 
 in the Workman's Compensation Act and have caused the Commis- 
 sion considerable difficulty. 
 
 It is certainly the intention of the law that medical attendance 
 should be furnished the injured workman and paid for from the Work- 
 man's Relief Trust Fund. A difficulty has arisen, however, as to the 
 fees which should be allowed physicians for their services. The Com- 
 mission believes that the services of doctors should be fairly compen- 
 sated. Injuries received by workmen are frequently of such nature 
 as to require the highest skill and it seems unfair that doctors should 
 consider such workmen as charity cases. They cannot, however, expect 
 fees such as they might receive from wealthy patrons. Up to the 
 present time the Commission has not deemed it advisable to enter 
 into contracts with physicians, as is sometimes done by private insur- 
 ance companies. In accident cases it is frequently necessary to util- 
 ize the services of the physician first available and it has been felt 
 that a system of contract with physicians would be costly and inef- 
 fective. The Commission has deemed it preferable, therefore, to adopt 
 a schedule of fees for its guidance and for the information of physi- 
 cians. While this schedule has been generally followed it is not bind- 
 ing upon the Commission. This schedule was adopted as Article 
 XXI of the Rules and Regulations, and, as in force January 31, 1917, 
 is printed in Appendix "B" of this report. Doctors, employers, 
 pharmacists and other interested persons were notified of these fees, 
 etc., in circular letters which are printed in Appendix "E" of this 
 report. 
 
 That prompt and competent medical attention may be rendered 
 injured workmen, it is necessary in many cases to obtain the coop- 
 eration of employers. It is a physical impossibility for the Com- 
 mission to provide directly for the first treatment of most injuries. 
 Therefore, the Commission adopted Article V of the Rules and Regu- 
 lations authorizing employers to render certain assistance to their 
 injured employees on account of the Commission. 
 
 As has been stated, there is no doubt that it is the intention of 
 the law that medical attendance should be paid from the Workman's 
 Relief Trust Fund. As regards medicines, food supplies, hospital 
 
 21 
 
Services, nursing, etc., however, the provisions of the law are not so 
 certain. Medicines and food supplies may be paid from the "Work- 
 man's Belief Trust Fund as the Commission prescribes for a period 
 of not exceeding eight weeks, but not after the date on which com- 
 pensation is allowed. This limitation to the furnishing of medicines 
 and food supplies after the allowance of compensation has caused 
 considerable difficulty. That medicines should not be allowed under 
 such circumstances seems unjust. Hospital services and nursing are 
 not mentioned in the law. The Commission believes that the neces- 
 sary medicines, hospital services and nursing should be paid from 
 the Workman's Relief Trust Fund, in addition to compensation. These 
 are expenses directly resulting from the accident. Food supplies, 
 on the other hand, take the place of compensation and should be de- 
 ducted from the total compensation allowable. 
 
 The allowances for food, though separately itemized, are really 
 allowances on account of compensation. As previously stated, the 
 Commission has reimbursed employers for advances made by them 
 to their injured workmen, the employers acting as the agent of the 
 Commission in such cases. This matter has been found to be abso- 
 lutely necessary because the vast majority of the workmen injured 
 are extremely poor and unable to wait even a few days for the pay- 
 ment of compensation. The Commission cannot possibly determine 
 the cases in time to satisfy the real needs of such workmen and their 
 dependants. The actual result has been, therefore; that the injured 
 workman has received a portion of his compensation from day to 
 day or week to week from his employer, the balance remaining being 
 paid directly to him when his case is finally determined. 
 
 Estimated Awards in Pending Cases. 
 
 The following tables summarize the injuries occurring between 
 July 1, 1916, and January 31, 1917, and which are pending final deci- 
 sion by the Commission on the latter date. The larger part of these 
 accidents and all of the serious ones occurred during the latter part 
 of December and January. 
 
 Table No. 3 gives details of partial awards made in 5 eases still 
 pending settlement, while Table No. 4 gives probable additional lia- 
 bility on these 5 cases, in group "A," together with the 65 cases on 
 which no award has yet been made, Group "B." 
 
 22 
 
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Statement of Claims in Fending Cases. 
 A. — Cases in Which Partial Awards Have Been Made. 
 
 
 a 
 ■aft 
 d £ 
 
 P. OS 
 
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 m 
 
 al 
 
 CM 
 
 o 
 
 6 
 
 CLAIMS 
 
 OCCUPATION 
 
 Compen 
 sat i on 
 
 Medici- 
 nes 
 
 Medical 
 attend- 
 ance 
 
 Funeral 
 Exp. 
 
 hospital 
 
 Total 
 
 
 Amount 
 
 Amount 
 
 Amount 
 
 Amount 
 
 
 
 i- 1 
 ii— 1 
 
 11—12 
 III— 6 
 III— 18 
 
 1 
 1 
 1 
 1 
 1 
 
 REMAINDER 
 
 Operation of electric system.. 
 
 821.70 
 269.80 
 236.41 
 ■ 40.32 
 294.00 
 
 
 
 
 821.70 
 
 Sugar industry 
 
 
 
 
 269 80 
 
 Planing mills 
 
 
 
 
 236.41 
 
 
 85.00 
 
 
 
 45.32 
 
 Husking of coffee 
 
 
 
 294.00 
 
 
 
 
 
 
 Totals 
 
 5 
 
 862.23 
 
 5.00 
 
 
 
 
 
 
 
 
 
 B. — Cases in Which No Award Has Been Made. 
 
 .Operation of electric system.. 
 
 I— 11 
 
 1—12 
 
 II— 1 
 
 11—12 
 
 III— 1 
 
 III— 3 
 
 III— 4 
 
 III— 17 
 
 111-18 
 
 III— 20 
 
 IV— 11 
 
 1 
 
 1 
 45 
 3 
 6 
 2 
 3 
 1 
 1 
 1 
 1 
 
 845.80 
 
 28.13 
 
 7,037.83 
 
 82.50 
 
 
 120.00 
 
 
 Longshoring 
 
 
 
 Sugar industry 
 
 Planing mills. 
 
 44 42 
 
 88.00 
 
 9.17 
 
 56.00 
 
 14.00 
 
 19.25 
 
 7,189.50 
 
 9.17 
 
 2,874 14 
 
 50 45 
 
 Construction work. 
 
 2,736.99 
 36.45 
 2,614.74 
 18.56 
 5.14 
 15.00 
 8.40 
 
 69.15 
 
 12.00 
 
 • 
 Installation of pipes 
 
 Bakeries 
 
 45.05 
 
 9.00 
 
 .40 
 
 4.60 
 
 13.00 
 
 2,672.79 
 
 48.56 
 
 7.54 
 
 35.60 
 
 8.40 
 
 Ice delivery .... 
 
 21.00 
 2.00 
 16.00 
 
 Husking of coffee 
 
 
 Chocolate manufacture 
 Transportation 
 
 
 
 
 
 
 
 Total 
 
 65 
 
 12,547.04 
 
 175.12 
 
 206.17 
 
 64.25 
 
 
 - 
 
 
 
 Total amount, cases marked A $867 23 
 
 B 12,992.58 
 
 Grand total 13 
 
 ,859.81 
 
 The Workman's Compensation Act has been in force so short 
 a time that the data which it is possible to present regarding its oper- 
 ations is, as is shown in the preceding table, far from adequate Of 
 the 5 cases included in Group "A," 2 are not serious but the remain- 
 ing 3 cases comprise one serious injury to the hand, one resulting 
 
 24 
 
in the loss of a right arm and one in which the right arm is very seri- 
 ously injured. Of the 65 eases included in Group "B," 60 are not 
 serious, the amounts allowable being small, and while they are clas- 
 sified as pending, the figures given are reasonably accurate. There 
 are included in this table, however, three eases of death and two of 
 probable total incapacity. 
 
 In the preceding table the amounts stated as estimates for these 
 •serious eases include the total possible compensation which could 
 be granted them under the law; it is not unlikely, however, that the 
 incapacity in some of the cases might not be so serious as reported. 
 All of the cases which did not result in death are of recent occurrence 
 and are still under medical treatment. In the death cases it has not 
 yet been determined whether there are any legal heirs depending 
 upon the deceased workmen. The above table, therefore, represents 
 the possible maximum liabilities of the Workman's Compensation 
 Fund in these cases. 
 
 The following table gives in detail form the estimated annual 
 "wages, the assessed annual premiums, the premiums actually due for 
 the seven months covered by this report, the payments made in cases 
 finally disposed of, the awards in cases not finally disposed of, the 
 •claims on cases pending January 31, 1917, and the number of em- 
 ployers, by occupational group and group paragraph. The purpose 
 of this table is to show the condition of the "Workman's Relief Trust 
 Fund in an itemized form. 
 
 25 
 
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 692.12 
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 1,186.49 
 
 146.74 
 
 175.92 
 
 154.72 
 
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 7.88 
 
 75.62 
 
 9.28 
 
 477.00 
 
 22.89 
 
 145.12 
 
 341.62 
 
 74.90 
 
 166.74 
 
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 67,649.19 
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 4,320.68 
 
 530.70 
 
 27,256.38 
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 p. 
 
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 28 
 
The comment previously given with regard to the short period 
 of time covered by this report is applicable in the study of this table. 
 It does not seem probable at the present time that any increase in 
 the insurance rates will be necessary, but it is obvious that certain 
 reclassifications will be required. 
 
 Cases Denied. 
 
 During the seven months covered by this report, seven claims were 
 disallowed. These were all cases of minor injuries. In one case a 
 workman jumped down from a scaffold, contrary to orders, when there 
 was a ladder by which to descend, and landed upon a nail. In another 
 a workman walked barefooted through a puddle known to have broken 
 glass on the bottom, contrary to the orders of the foreman, and cut 
 his foot. These cases were both denied on the ground of gross neg- 
 ligence. In four cases the Commission was unable to obtain proof 
 that the alleged injury actually caused incapacity and these were 
 denied provisionally. In one case it was found upon investigation 
 that the workman claiming compensation was not working for the 
 employer under whose insurance he claimed compensation at the time 
 of the accident. The total amount of compensation allowable under 
 the law in all of these cases would not have been more than $50. 
 
 No Wage Loss. 
 
 There are five accidents included in the tables in which there were 
 expenses for medical attendance or medicines, but the injury was not 
 of such nature as to incapacitate the workman. Actually in these 
 cases there was no loss of time, and, therefore, no compensation claimed 
 or allowed. 
 
 The Field fob Workmen's Compensation in Porto Rico. 
 
 There are \ ±R omj^nyoya reported as subject to the Workman's 
 Compensation Act who have not rejected its benefits, with a total 
 annual payroll as reported, of approximately $1,385,707. The annual 
 premiums paid by these employers into the Workman's Eelief Trust 
 Fund during the present fiscal year will be over $29,000. There 
 were 206 employers who rejected the benefi ts of the law within the 
 time specified. The Commission has no accurate data with regard 
 to these employers, but estimates that they employ approximately 
 10,000 workmen and that their annual payrolls total between $2,000,000 
 and $2,300,000. The premiums which would have been paid by these 
 employers, based on the occupations in which they are engaged, would 
 
 29 
 
probably exceed $34,000 per year. The majority of the larger employ- 
 ers who have rejected the law are protected by private insurance 
 companies. 
 
 The Commission has been informed that there have been many 
 serious accidents to workmen engaged in occupations that were in- 
 tended to be within the scope of the law, whose employers had, how- 
 ever, rejected its benefits. Very few, if any, legal actions have been 
 brought in these cases and the Workman's Relief Commission has 
 no data as to the amount of compensation awarded by the insurance 
 companies or employers. 
 
 As stated before, the Commission has not considered in this report 
 whether or not the present law should be made compulsory, as that 
 is a question of policy which the Legislature, and not the Commis- 
 sion, ought to determine. 
 
 30 
 
Appendix "A." 
 
 MEETING NO. 1. 
 
 WORKMAN'S RELIEF COMMISSION. 
 
 Minutes op Meeting of May 11, 1916. 
 
 Pursuant to the provisions of section 10 of "An Act providing 
 for the relief of such workmen as may be injured, or of the depend- 
 ent families of those who may lose their lives while engaged in trades 
 or occupations, and for other purposes," approved April 13, 1916, 
 hereinafter denominated the "Workman's Compensation Act," and 
 in accordance with a consent and waiver of notice signed by all of the 
 actual members of the "Workman's Relief Commission, the first meet- 
 ing of said Commission was held in the office of the Attorney General 
 of Porto Rico, at 3 Allen Street, in the city of San Juan, P. R., on 
 the 11th day of May, 1916, at 2 o'clock p. m. 
 
 The following gentlemen, members of the Commission, were pres- 
 ent : Dr. Antonio Martinez Alvarez, member by appointment of the 
 Governor of Porto Rico in accordance with section 10 of the Work- 
 man's Compensation Act, and Messrs. Charles P. Hill, Acting Treas- 
 urer of Porto Rico; Manuel Camunas, Director of Labor, Charities 
 and Correction, and Howard L. Kern, Attorney General, ex officio 
 members in accordance with section 10 of the "Workman's Compen- 
 sation Act. 
 
 Mr. Kern was elected temporary chairman and Mr. Hill tempo- 
 rary secretary of the meeting. 
 
 Consent to hold this meeting and the waiver of notice thereof, 
 duly signed by every member of the Commission, were presented 
 by the temporary secretary. 
 
 On motion, it was unanimously 
 
 Resolved, That the original consent to hold this meeting, and the original 
 waiver of notice thereof, be filed and preserved among the records of the Work- 
 man 's Belief Commission, and that a copy of such consent, and waiver be attached 
 to the minutes of this meeting as Exhibit "A." 
 
 The temporary secretary submitted to the meeting a notice from 
 the Hon. Martin Travieso, Jr., Secretary of Porto Rico, of the ap- 
 pointment by the Honorable Arthur Yager, Governor of Porto Rico, 
 
 31 
 
of Dr. Antonio Martinez Alvarez as a member of the Workman's 
 Relief Commission, in accordance with section 10 of the Workman's 
 Compensation Act, which notice stated also that the fifth member 
 of the Commission had not yet been appointed. 
 On motion it was unanimously 
 
 Resolved, That this notice be filed and preserved among the records of the 
 Commission, and that a. copy thereof be attached to the minutes of this meeting 
 as Exhibit " B. " 
 
 The temporary secretary submitted to the meeting the oath of 
 allegiance of office of Dr. Antonio Martinez Alvarez, taken on May 
 10, 1916, in accordance with the provisions of section 186 of the Po- 
 litical Code, before the Hon. Fernando J. Geigel, municipal judge 
 of San Juan. 
 
 On motion it was unanimously 
 
 Resolved, That the original oath be forwarded to the Secretary of Porto Rico; 
 that the duplicate oath be filed and preserved among the records of the Com- 
 mission, and that a copy of the oath be attached to the minutes of this meeting 
 as Exhibit " C, " and that a certified copy of the oath be furnished the Auditor 
 of Porto Rico. 
 
 The temporary secretary submitted to the meeting proposed by- 
 laws for the regulation of the internal affairs of the Commission. 
 These by-laws were read article by article, and, after discussion, 
 
 On motion it was unanimously 
 
 Resolved, That said by-laws, in the form now submitted to the Commission, 
 be, and hereby they are in all respects approved and confirmed and that the same 
 be adopted as the by-laws of this Commission, and be filed and preserved among 
 the records of the Commission, and that a copy of said by-laws be attached to 
 the minutes of this meeting as Exhibit "D. " 
 
 On motion it was unanimously 
 
 Rcsuh-cil, That the Commission proceed to the election of the following officers 
 specified in the by-laws, namely, chairman, chairman pro tempore, secretary, and 
 secretary pro tempore. 
 
 Nominations having been made, the following officers were, suc- 
 cessively elected in accordance with the by-laws: 
 
 Chairman, Howard L. Keen; 
 
 Chairman pro tempore, Manuel Camunas; 
 
 Secretary, Charles P. Hill; and 
 
 Secretary pro tempore, Antonio MartInez Alvarez. 
 
 Mr. Kern then took the chair and presided during the remainder 
 of the meeting, and Mr. Hill assumed the functions of secretary. 
 
 32 
 
On motion it was unanimously 
 
 Resolved, That the immediate employment of the administrative secretary was 
 absolutely necessary for the work of the Commission, and that Mr. "Vicente 
 Laborde be employed as such administrative secretary to the Commission at a 
 salary of $125 per month, beginning on May 12, 1916, and that this appointment 
 be submitted to the Executive Council of Porto Bico for its approval, in accord- 
 ance with section 10 of the law. 
 
 The chairman then appointed the following members to serve 
 upon the standing committees: 
 
 Committee on rules and regulations. — Messrs. Charles F. Hill and Antonio> 
 MartInez Alvarez. 
 
 Committee on blank forms, circulars and publications. — Messrs. Manuel. 
 Camunas and Charles F. Hill. 
 
 Committee on office furnishings and organization. — Messrs. Manuel Camunas 
 and Charles F. Hill. 
 
 The secretary then submitted to the meeting the draft of a sug- 
 gested circular letter to be sent to employers and other persons affected 
 by the provisions of the Workman's Compensation Act, for the pur- 
 pose of notifying them of the benefits and obligations imposed upon 
 them by the law. 
 
 On motion it was unanimously 
 
 Resolved, That this letter to employers and other interested persons be referred 
 to the committee on blank forms, circulars and publications for consideration and 
 report at the next regular meeting. 
 
 On motion it was unanimously 
 
 Resolved, That 5,000 copies of the Workman's Compensation Act be ordered 
 printed. 
 
 On motion it was unanimously 
 
 Resolved, That the administrative secretary proceed to compile as accurate 
 a list as possible of all employers affected by the Workman's Compensation Act, 
 and present the same to the Commission at its next regular meeting. 
 
 The secretary submitted to the Commission a suggested draft 
 of a notice to be published in the press of the Island, for the purpose 
 of notifying employers and other persons affected by the provisions 
 of the Workman's Compensation Act. 
 
 On motion it was unanimously 
 
 Resolved, That this notice be accepted and approved by the Commission; 
 that the original be filed and preserved in the records of the Commission and a 
 
 33 
 
copy thereof attached to the minutes of this meeting as Exhibit "E, and that 
 said notice be ordered published five different times as soon as possible in three 
 newspapers of largest circulation in the Island, in one of which it shall be pub- 
 lished in English; that the administrative secretary ascertain the cost of pub- 
 lishing said notice in at least one newspaper in each electoral district of the 
 Island, and, if the cost be reasonable, said notice may, on the order of the chair- 
 man, be published at least once in one or more of such newspapers. 
 
 On motion it was unanimously 
 
 Resolved, That the committee on office furnishings and organization communi- 
 cate with the Commissioner of the Interior of Porto Rico to obtain, if possible, 
 a separate office for the use of the Commission, and that said committee also make 
 an estimate as to the expenses of providing such furnishings as in its judgment 
 are necessary for said office. 
 
 The secretary then submitted to the meeting proposed rules and 
 regulations for the consideration of the Commission. The proposed 
 rules and regulations were read article by article, and, after discussion, 
 
 On motion it was unanimously 
 
 Resolved, That said rules and regulations, in the form now submitted to this 
 Commission, be and hereby are in all respects approved and confirmed, and that 
 the same be adopted as the rules and regulations of this Commission, and be 
 filed and preserved among the records of the Commission, and that a copy thereof 
 be attached to the minutes of this meeting as Exhibit " F, " and that the com- 
 mittee on rules and regulations consider the matter therein contained and prepare 
 for the approval of the Commission such further rules and regulations and such 
 amendments as from time to time may be necessary. 
 
 The secretary submitted to the meeting a suggested grouping of 
 workmen affected by the Workman's Compensation Act, in accord- 
 ance with section 13 thereof. 
 
 On motion it was unanimously 
 
 Resolved, That copies of this suggested grouping be furnished to each member 
 of the Commission, and that the matter be set for final decision at the next 
 regular meeting of the Commission. 
 
 The secretary submitted to the meeting suggestions as to the blank 
 forms which would be needed at once by the Commission. 
 On motion it was unanimously 
 
 Resolved, That these suggested forms be referred to the committee on blank 
 forms, circulars and publications for report at the next regular meeting, and that 
 they be filed and preserved among the records of the Commission, and that a copy 
 of them be attached to the minutes of this meeting as Exhibit "G." 
 
 34 
 
The secretary presented to the Commission a drawing of a seal 
 of the Commission in the following form: 
 
 On motion it was unanimously 
 
 Resolved, That the seal in the form thus presented to the Commission and 
 bearing the words, ' ' Government of Porto Rico — Workman 's Belief Commission, ' ' 
 be and the same is hereby approved and adopted as the official seal of the Com- 
 mission, and that the administrative secretary be instructed to have such a seal 
 prepared. 
 
 The Attorney General offered to provide temporarily the neces- 
 sary files, desk, typewriter, etc., for the use of the administrative sec- 
 retary of the Commission pending the completion of arrangements 
 for a permanent office. 
 
 On motion it was unanimously 
 
 Resolved, That the offer of the Attorney General be accepted by the Com- 
 mission. 
 
 On motion it was unanimously 
 
 Resolved, That the administrative secretary, with the approval of the chair- 
 man and secretary of the Commission, be authorized to spend not more than $100 
 in' the purchase of consumable office supplies, books, etc., for the use of the Com- 
 mission, and for the printing of copies of the law and for the publications • of the 
 authorized notices in the public press. 
 
 On motion it was unanimously 
 
 Resolved, That the administrative secretary, subject to the approval of the 
 chairman, obtain a post-office box for the use of the Commission. 
 
 On motion it was unanimously 
 
 Resolved, That the meeting adjourn. 
 
 (Signed) Charles P. Hill, 
 
 Secretary, Workman's Belief Commission. 
 
 35 
 
Appendix "B." 
 
 RULES AND REGULATIONS AND BY-LAWS OF THE 
 WORKMAN'S RELD3F COMMISSION. 
 
 RULES AND REGULATIONS. 
 
 Article I. 1 
 
 REPORTS OF ACCIDENTS. 
 
 Section 1. — Manner of making. — All reports of accidents to work- 
 men, whether prepared by the Bureau of Labor, by a special inves- 
 tigator of the Commission, or by any other person, must be presented 
 in writing to the administrative secretary not later than two days 
 prior to the meeting at which the case is to be considered. Wherever 
 possible such reports shall be made upon blank forms approved by 
 the Commission. 
 
 Unless excused by the chairman, the official or other person mak- 
 ing the report must be present at the meeting to give oral testimony 
 if required. 
 
 Section 2. — Settlement without investigation. — Whenever in the 
 opinion of the Commission the petition of an injured workman for 
 compensation and the report of the employer upon the accident, to- 
 gether with any other reports which may come to the notice of the 
 Commission, appear satisfactorily to present the true facts in the 
 case, the Commission may in the interests of economy dispense with 
 any personal investigation by the Bureau of Labor or any other branch 
 of the Government. 
 
 Section 3. — Reports of police and other insular and municipal 
 officials and employees. — Reports of members of the Insular Police 
 Force and other officials and employees of the Insular Government, 
 or any dependency thereof, who are familiar with the facts in con- 
 nection with any injury, may be accepted by the Commission as sufi- 
 ficient investigation in deciding any petition for compensation. 
 
 Section 4. — Blanks for reports. — All forms used in connection with 
 the Workman's Compensation Act by the Commission, the Treasury 
 
 •Articles I-XI were adopted May 11. 1916. 
 
 36 
 
Department, the office of the Attorney General, or by the Bureau 
 of Labor, or by any person, whether such form is designated in the 
 law or not, must be prepared and approved by the "Workman's Relief 
 Commission. Where blank forms have been prepared and approved 
 by the Commission for use in specified cases, no other forms may be 
 used in such cases. Such forms shall be prepared at the expense 
 of the Workman's Relief Trust Fund and delivered to the various 
 departments and persons requiring them by the Workman's Relief 
 Commission, upon proper request made. 
 
 Article II. 
 
 HEARING OF CLAIMS FOR COMPENSATION. 
 
 Section 1. — Publicity of hearings. — All hearings of the Workman's 
 Relief Commission of claims for compensation shall be public unless, 
 upon proper cause shown, the Commission should order a private 
 hearing. 
 
 Section 2. — Manner of taking testimony at hearings. — All oral tes- 
 timony presented to the Commission relative to claims for compen- 
 sation shall be given under oath. 
 
 Upon request of the Commission, all reports presented to it shall 
 be sworn to by the person making them. 
 
 Section 3. — Subpoenaing witnesses. — Witnesses before the Commis- 
 sion or before any duly authorized representative of the Commission 
 shall be subpoenaed upon order of the chairman of the Commission 
 or of its duly authorized representative. Any person failing to com- 
 ply with a subpoena shall be liable to a fine of $25, unless he presents 
 adequate excuse satisfactory to the chairman of the Commission. Sub- 
 poenas shall be served by the persons designated therein. 
 
 Section 4. — Hearing of witnesses. — All witnesses, whether sub- 
 poenaed by the commission or not, who are to appear before the Com- 
 mission with regard to claims for compensation must present their 
 names to the secretary before the opening of the meeting at which 
 they are to appear. Except where required by the Commission, no 
 witness shall be permitted to testify for more than ten minutes. 
 
 Article III. 1 
 
 GROUPING OF OCCUPATIONS. 
 
 Section 1. — Manner of grouping occupations. — Occupations shall 
 be grouped in accordance with the probable risk and liability of in- 
 
 ' As amended May 29, 1916. 
 
 37 
 
jury under existing conditions.. Occupations in the same industry 
 or business may be separately grouped and occupations in different 
 industries or businesses may be singly grouped in accordance with 
 this principle. 
 
 Section 2. — Undesignated occupations. — All workmen subject to 
 the law must be included under one of the groups. Where an occu- 
 pation is not specifically designated, workmen engaged in that occu- 
 pation must be grouped by the Commission in the group in which 
 there is specified the occupation to which it bears the closest simi- 
 larity and in which the probable risk and liability of injury under 
 existing conditions are nearest equal. 
 
 Section 3. — Determination of group. — Wherever any workmen 
 subject to the law are employed in one of the industries provided 
 for in groups 2, 3, 4 or 5, and are engaged temporarily or regularly 
 in an occupation which is specified in a grouping with a higher rate 
 of premium, the employer shall pay the said higher rate of premium 
 for such workmen unless it is specifically provided in the grouping 
 of the industry that "all" persons in such industry are included 
 therein. 
 
 Section 4. — Employer's accounts of workmen. — All employers of 
 workmen subject to the law must keep their accounts of the wages 
 and time of such workmen separate from the accounts of workmen 
 who are not entitled to its benefits. 
 
 All employers of workmen subject to the law who are employed 
 in occupations which are separately grouped and which are required 
 to pay a different insurance rate must keep separate accounts of the 
 wages and time of the workmen employed in such group. For pur- 
 poses of convenience separate accounts need not be kept of a work- 
 man who is employed for not more than 72 hours a year in an occu- 
 pation other than that in which he is regularly employed. 
 
 Article IV. 
 
 REJECTION OF LAW. 
 
 No employer may reject the benefits of the law as to a part of 
 his workmen subject thereto unless such workmen are employed to 
 work in a separate and distinct establishment. The Workman's Relief 
 Commission shall in each case determine what constitutes a separate 
 and distinct establishment. 
 
 38 
 
Article V. 
 
 URGENT ASSISTANCE TO INJURED WORKMEN AND THEIR DEPENDENT HEIRS. 
 
 Section 1. — Urgent medical assistance. — Employers are authorized 
 to provide urgent medical assistance to employees injured in their 
 service and may be paid therefor from the Workman's Belief Trust 
 Fund. Claims of physicians for services rendered in urgent cases 
 may be likewise compensated. 
 
 Section 2. — Urgent food assistance. — Employers and other per- 
 sons furnishing food to injured workmen or their dependent heirs 
 in urgent cases may be paid therefor from the Workman's Relief Trust 
 Fund. 
 
 Section 3. — Claims for urgent services rendered. — All claims for 
 remuneration for urgent medical and food assistance rendered in 
 accordance with the two preceding sections of this article must be 
 presented in writing showing in detail the services given, and the 
 supplies provided. Whenever required by the Commission, such 
 claims must be presented under oath. The payment of all such claims 
 shall be subject to the discretion of the Workman's Relief Commis- 
 sion and the amount of payment granted shall be such as the Work- 
 man's Relief Commission may determine. 
 
 Article VI. 
 
 PAYMENT OP SEMI-ANNUAL INSTALMENT OP PREMIUMS. 
 
 In accordance with section 14 of the law, the first semi-annual 
 instalment of the premiums from employers subject to the act must 
 be paid prior to August 15 of each year, and by rule of this com- 
 mission the second instalment must be paid prior to February 15 
 of each year. 
 
 Article VII. 
 
 INVESTIGATION OP ACCIDENTS. 
 
 Whenever, in the opinion of the Workman's Relief Commission, 
 the information presented to it in regard to any accident is not 
 sufficient for a proper decision of the case, the commission shall cause 
 further investigation to be made in such form and manner as it may 
 determine. 
 
 39 
 
Article VIII. 
 
 UNAUTHORIZED DISCLOSURES. 
 
 Any official or employee of the Insular Government or any de- 
 pendency of the same, who discloses any information obtained by 
 him in the discharge of any service in connection with the Work- 
 man's Compensation Act, except as specifically authorized by the 
 Workman's Relief Commission, shall be liable to a fine of $50, and 
 such disclosure shall be considered sufficient cause for removal from 
 the service; such penalties to be imposed without prejudice to the 
 provisions of section 22 of the Workman's Compensation Act mak- 
 ing certain disclosures a misdemeanor, and also without prejudice 
 to any provision of law applicable to such improper disclosures. 
 
 Article IX. 
 
 ADOPTION OP BT-LAWS. 
 
 Each and every provision of the by-laws adopted by the Work- 
 man's Belief Commission are hereby incorporated as a part of these 
 rules and regulations and shall have full force and effect as such. 
 
 Article X. 
 
 AMENDMENT OP RULES AND REGULATIONS. 
 
 Any article or section of these rules and regulations may be 
 amended or repealed and new rules and regulations may be adopted 
 only by the affirmative vote of at least three of the members of the 
 Commission. The proposed amendment, repeal or addition must be 
 presented in writing at a regular meeting of the Commission, and 
 cannot be voted upon prior to the next succeeding regular meeting. 
 Notice of the proposed amendment, repeal or addition, enclosing a 
 copy of the same, shall be given by the secretary to each member of 
 the Commission not less than seventy-two hours prior to the meet- 
 ing at which the same is to be voted upon. 
 
 Article XI. 
 
 RULES AND REGULATIONS TO HAVE FORCE OP LAW. 
 
 Iii accordance with the provisions of section 10 of the Workman's 
 Compensation Act, these rules and regulations shall have the force 
 of law and, except as otherwise provided in the law, each violation 
 of them shall be punished by a fine not exceeding the sum of fifty 
 dollars. 
 
 40 
 
Article XII. 1 
 
 SHORT NAME OP LAW. 
 
 The law under which the Workman's Relief Commission is organ- 
 ized and operating, and which is entitled "An Act providing for 
 the relief of such workmen as may be injured, or of the dependent 
 .families of those who may lose their lives while engaged in trades 
 or occupations, and for other purposes," approved April 13, 1916, 
 may, for purposes of convenience, be cited, referred to, and denomi- 
 nated as the "Workman's Compensation Act." 
 
 Article XIII.* 
 
 EMPLOYERS 7 NOTICE OP CONTRIBUTION TO WORKMAN'S RELIEF TRUST 
 
 FUND. 
 
 The Workman's Relief Commission will furnish free of charge, 
 upon request, blank forms which must be used in posting the notices 
 which, in accordance with section 24 of the law, employers are re- 
 quired to post in a conspicuous manner about their works and in 
 sufficient number of places reasonable to inform their workmen that 
 they are contributors to the Workman's Relief Trust Fund. These 
 notices must be posted by each employer during the time that he 
 is a contributor to the Workman 's Relief Trust Fund ; they must not 
 be posted by an employer at any time when he is not a contributor 
 to the Workman's Relief Trust Fund; they shall not be transferable 
 .and must not be transferred; and they must bear the serial number 
 given each employer by the Workman's Relief Commission. The 
 publication of notices other than the above shall not excuse an em- 
 ployer from posting the notices above specified. The publication of 
 any notice by an employer who is not a contributor to the Work- 
 man's Relief Trust Fund which might mislead any one to believe that 
 he is a contributor to the Workman's Relief Trust Fund is hereby 
 prohibited. 
 
 Article XIV. 3 
 
 employers' records of workmen subject to law. 
 
 In accordance with the provisions of section 16 of the law, every 
 employer subject thereto must keep a record in such form as the 
 Commission may require, showing the name of each workman sub- 
 ject to the law employed by him, his age, sex and wages, and the 
 
 1 Adopted May 29, 1916. 
 
 2 Adopted June 12, 1916. 
 'Adopted June 12, 1916. 
 
 41 
 
class of work or occupation in which such workman is actually en- 
 gaged definitely and concretely stated, so as to enable the Commis- 
 sion to determine the occupational group and group paragraph under 
 which he is or should be included. The Commission may at any time 
 require any such employer to keep such record in a definite prescribed 
 form and manner. In the absence of special exception made by the 
 Commission, entries in this record must be made in ink for each day 
 within 24 hours thereafter. This record must be carefully preserved 
 by each .such employer and shall be open to the inspection of the Com- 
 mission or its duly authorized agent at all reasonable times. Where 
 the entries made in such record are taken from a daybook or other 
 memoranda, such daybook or other memoranda shall be preserved 
 for a period of one year after the close of the fiscal year ending June 
 30, during which the services recorded therein were renderd and 
 shall be open to the inspection of the Commission or its duly author- 
 ized agent at all times during such period. 
 
 Article XV.' 
 
 employers' monthly report, op wages. 
 
 All employers of workmen subject to the Workman's Compen- 
 sation Law must make a monthly report within five days after the 
 end of each month to the Workman's relief Commission upon a blank 
 form to be furnished by the Commission upon request, showing the 
 total wages paid to all workmen distributed by groups^the injuries 
 received by such workmen, and such other information as the Com- 
 mission may require. 
 
 Article XVI. 2 
 
 KEEPING OP RECORDS — APPORTIONING OP EXPENSES. 
 
 Premiums paid by all employers in each group and each occu- 
 pation or paragraph of each group shall be separately accounted 
 for. The general expenses of the Workman's Relief Commission shall 
 be charged proportionately among the various groups and among the 
 various occupations included in each group in accordance with the 
 total premiums paid by employers covered by such groups or occu- 
 pations. Particular expenses incurred and compensation paid in 
 connection with any particular group or occupation included in any 
 group shall be charged to such group or occupation 
 
 1 Adopted June 12, 1916. 
 
 2 Adopted June 12, 1916. 
 
 42 
 
Article XVJI. 1 
 
 TERMINATION OF DISABILITY. 
 
 Where the injury sustained is of a temporary character and the 
 compensation allowed the injured workman is dependent upon the 
 continuance of the disability, it shall be the duty of the injured work- 
 man to notify the Workman's Relief Commission immediately upon 
 the removal of said disability. When notification, as hereinbefore 
 specified, is not given, said workman may be liable to fine of not over 
 $50, in addition to all expenses which may have been incurred on 
 his account subsequent to the removal of the disability. 
 
 Where the injury is of a temporary character, it shall be the duty 
 of the employer of the injured workman to notify the Workman's 
 Relief Commission immediately upon the return to work of such in- 
 jured workman. 
 
 Article XVIII. 2 
 
 REJECTIONS — WITHDRAWALS OP REJECTIONS. 
 
 In accordance with the provisions of section 23 of the law, no 
 rejections of its benefits by employers will be received after June 15, 
 1916, or after April 30 of any succeeding year. 
 
 Employers who have rejected the benefits of the law on or before 
 June 15, 1916, may be permitted by the Commission to withdraw 
 such rejections and to become subject to the benefits of the law upon 
 their signing an agreement with the Commission to be subject to and 
 to abide by all the terms and provisions of the law and to pay the 
 premiums upon all their workmen subject to the law for the full fis- 
 cal year 1916-17; Provided, That where an employer withdraws his 
 rejection of the law on or after July 1, 1916, such withdrawal shall 
 have no force or effect as to the rights or duties of such employer 
 or of his workmen or of the Workmen's Relief Commission in con- 
 nection with any accident to a workman in the employ of such em- 
 ployer happening on or after July 1, 1916, and prior to the accept- 
 ance by the Workman's Relief Commission of the withdrawal by 
 such employer of his rejection of the benefits of the law; Provided 
 further, That the Workman's Relief Commission may determine in 
 each case whether or not the withdrawal of a rejection by an em- 
 ployer shall be accepted and may impose such further conditions 
 to the acceptance of any withdrawal as the interests of the Commis- 
 sion, of other employers in the same group or group paragraph with 
 the employer desiring to withdraw his rejection, and of the workmen 
 of such employer may require. 
 
 1 Adopted June 19, 1916. 
 
 2 Adopted July 3, 1916. 
 
 43 
 
Article XIX. 1 
 
 DEFINITION OF "FARM LABORERS." 
 
 The words "farm laborers," as designated in section 3 of the 
 Workman's Compensation Act, shall include all workmen generally 
 known and classified as such, including workmen employed on plan- 
 tations, farms and all agricultural enterprises in the preparation of 
 the soil ; the planting, cleaning and cultivating of crops ; the har- 
 vesting of crops; and the storing and preparation of such crops for 
 the market and the hauling of them to market when performed by 
 the same employer who planted, cultivated and harvested them. It 
 also includes workmen employed in the breeding and care of cattle, 
 the breeding of fowls and production of eggs, the production of honey, 
 and the production and delivery of milk, when the employer of such 
 workmen is engaged chiefly in farming or the tillage of the soil. 
 
 Article XX. 2 
 
 DEFINITION OF "EMPLOYEES ENGAGED IN CLERICAL WORK." 
 
 The words "employees engaged in clerical work," as used in sec- 
 tion 3 of the Workman's Compensation Act, shall include only such 
 workmen as are employed to perform services such as bookkeeping, 
 accounting, stenography, or other work in which the usual and prin- 
 cipal labor is writing. - These words shall not include salesmen or 
 clerks in stores or commercial establishments. 
 
 Article XXI. 3 
 
 MEDICA L. FEES . 
 
 In accordance with the provisions of sections 4 and 9 of the Work- 
 man 'a Compensation Act, the following schedule of fees is adopted, 
 the amounts stated being the maximum that will be allowed for medi- 
 cal examinations and medical attendance. This schedule is not, how- 
 ever, conclusive in reference to the fees that the Commission may 
 allow. In every case the fees stated shall include such reports as 
 the Commission may require. Where the medical services are unnec- 
 essarily prolonged because of the negligence or fault of the physician, 
 or where they are continued unnecessarily, proper deductions from 
 the fees as scheduled may be made by the Commission. The mini- 
 mum fees will generally be one-half of those herein stated. The Com- 
 mission reserves the right to alter any or all items of this schedule 
 of fees. Fees for injuries not herein specified will be paid at the 
 
 1 Adopted July 24, 1916. 
 
 2 Adopted July 24, 1916. 
 
 3 Adopted July 24, 1916. 
 
 44 
 
discretion of the Commission. No claim for any medical attendance 
 or advances for food supplies or medicines will be paid from the 
 Workman's Relief Trust Fund unless presented to the Workman's 
 Relief Commission within 60 days after such medical attendance 
 is rendered or such advances are made; Provided, That claims sub- 
 mitted after the expiration of that period may be paid in the dis- 
 cretion of the Commission when notice that the services or advances 
 are being rendered is given the Commission within said 60 days or 
 the Commission, in its discretion, believes the late submission of the 
 claim to be justified. 
 
 A. — Special Examinations: 
 
 For each such examination and report $1. 00 
 
 B. — Cubattve Treatments : 
 
 I. General treatments — 
 
 For visit, including all necessary services except the cost 
 of medicines and also including the treatment of in- 
 fections 1. 00 
 
 B. — Curative Treatments — Continuation. 
 
 II. First-aid treatments — 
 
 (a) Scalds and burns 
 
 (*) 
 («0 
 
 1 st degree . 
 2d degree— 
 3d degree— 
 ( Simple- 
 
 (d) 
 
 Contusions, bruises, 
 
 abrasions | Multiple . 
 
 Punctures f Extremities 
 
 ( Body 
 
 Sprains 
 
 Cuts- 
 
 Extremities _ 
 
 (/) 
 
 ( Superficial cuts 
 
 1 Deeper structure cuts— 
 
 ( Superficial cuts 
 
 Head and body — J Deeper structure cuts, 
 
 (^ eluding visceras 
 
 Toes or fingers 
 
 Amputations ^ Ankles or wrists 
 
 Others 
 
 (g) Dislocations 
 (ft) Fractures — 
 
 Simple _ 
 
 Toes or fingers 
 
 Ankles or wrists- 
 Others 
 
 Toes or fingers, each- 
 Hands or feet 
 
 Limbs 
 
 Skull 
 
 Bibs 
 
 Spine 
 
 Head or face 
 
 Other bones 
 
 $1.00 
 2.00 
 3.00 
 1.00 
 2.00 
 1.00 
 2.00 
 1.00 
 
 1.00 
 3.00 
 2.00 
 
 15.00 
 
 5.00 
 
 10.00 
 
 15.00 
 
 2.00 
 
 5-10. 00 
 
 8-15. 00 
 
 3.00 
 15.00 
 15.00 
 20.00 
 10.00 
 20.00 
 
 5.00 
 5-20. 00 
 
 45 
 
Compound ■ 
 
 Fingers or toes, each . 5. 00 
 
 Hands or feet 20.00 
 
 Limbs 20. 00 
 
 Skull 26.00 
 
 Bibs 13- 00 
 
 Spine—--—-.-, 26. 00 
 
 Head or face 6. 00 
 
 Other bones— , 6-26.00 
 
 Extremities 7. 00 
 
 Hands or feet 22.00 
 
 Limbs 22. 00 
 
 Skull "— 30.00 
 
 Ribs 15.00 
 
 Spine 30. 00 
 
 Head or face 7.00 
 
 Other bones 7-30.00 
 
 B. — Oubativb Treatments — C ontinuation. 
 
 II. First-aid treatments — Continuation. 
 (h) Fractures — Continuation. 
 
 Extremities $7. 00 
 
 Commuted - 
 
 Infected - 
 
 Hands or feet- 
 Limbs 
 
 Skull 
 
 Ribs 
 
 (i) Removal of foreign 
 bodies 
 
 22.00 
 
 22. 00 
 
 30.00 
 
 15.00 
 
 Spine 30.00 
 
 Head or face 7. 00 
 
 Other bones 7-30.00 
 
 Extremities 1-5. 00 
 
 Body or head 1-20.00 
 
 Cuts— 
 I Bruises 
 (j) Eyes -_ J Infections 
 
 5. 00 
 
 5. 00 
 
 15. 00 
 
 I Enucleations 15. 00 
 
 [. Removal of foreign bodies- 5. 00 
 
 „: T . . , , ( Surgical 5-25.00 
 
 (*) Internal injuries — . j Medical; pw ^ % QQ 
 
 ( I ) Multiple injuries — 
 
 To be allowed full fee for two most serious 
 injuries and no fee for other injuries. 
 
 46 
 
BY-LAWS OF WORKMAN'S RELIEF COMMISSION. 
 
 [As adopted at meeting of May 11, 1916.] 
 
 Article I. 
 
 MEETINGS OF COMMISSION. 
 
 Section 1. — Regular meetings. — The Commission shall hold a regu- 
 lar meeting on Monday of each week at 2.30 o'clock in the afternoon- 
 Section 2. — Special meetings. — The Commission may hold a spe- 
 cial meeting whenever called by the chairman, or by three members 
 of the Commission. Notice of each special meeting shall be given by 
 the secretary to each member of the Commission not less than twenty- 
 four hours prior to the date of the meeting. 
 
 Section 3. — Place of meetings. — All regular meetings of the Com- 
 mission shall be held at its office at No. 3 Allen Street, San Juan, P. R. 
 All special meetings shall be held at the same place unless for good 
 and sufficient reasons the chairman, or three members of the Com- 
 mission, shall call them for some other place, in which case notice 
 of the place where the special meeting is to be held shall be given 
 to each member of the commission not later than 24 hours prior to 
 the date of such meeting. 
 
 Article II. 
 officers. 
 
 Section 1. — Election of chairman. — The chairman of the Commis- 
 sion shall be elected by a majority vote of the Commission at the first 
 regular meeting thereof, in accordance with the provisions of sec- 
 tion 10 of the Workman's Compensation Act, and annually thereafter 
 at the first regular meeting in May. The chairman must of neces- 
 sity be a member of the Commission. 
 
 Section 2. — Election of chairman pro tempore. — The chairman pro 
 tempore shall be elected by a majority vote of the Commission at the 
 first regular meeting thereof, and annually thereafter at the first 
 regular meeting in May. The chairman pro tempore must be a mem- 
 ber of the Commission. 
 
 Section 3. — Election of secretary. — The secretary shall be elected 
 by a majority vote of the Commission at the first regular meeting 
 
 47 
 
thereof, in accordance with the provisions of section 10 of the Work- 
 man's Compensation Act, and annually thereafter at the first regu- 
 lar meeting in May. The secretary must of necessity be a member 
 of the Commission. 
 
 Section 4.— Election of secretary pro tempore. — The secretary pro 
 tempore shall be elected by a majority vote of the Commission at the 
 first regular meeting thereof, and annually thereafter at the first 
 regular meeting in May. The secretary pro tempore must be a mem- 
 ber of the Commission. 
 
 Section 5. — Appointment of administrative secretary. — Subject to 
 the provisions of section 19 of the Workman's Compensation Act, 
 an administrative secretary to the Commission shall be appointed, 
 by majority vote of the members thereof, for such time and at such 
 salary as the Commission may determine. 
 
 Article III. 
 
 POWERS AND DUTIES OF THE CHAIRMAN AND CHAIRMAN PRO TEMPORE 
 OP THE COMMISSION. 
 
 The chairman shall preside at all meetings of the Commission, 
 and shall have such other duties and powers as are prescribed by 
 the law and as usually pertain to his position. He shall have gen- 
 eral supervision over all the business and operations of the Commis- 
 sion and over all its officers, agents and employees. He shall be 
 ex officio a member of all committees of the Commission. In the ab- 
 sence or inability of the chairman to perform his duties, the chair- 
 man pro tempore shall exercise all the powers and perform all the 
 duties of the chairman during such absence or inability, and until 
 a new chairman shall be elected. 
 
 Article IV. 
 
 POWERS AND DUTIES OP THE SECRETARY AND SECRETARY PRO TEMPORE 
 OP THE COMMISSION. 
 
 The secretary of the Commission shall see that a record is kept 
 of all its proceedings, and shall sign all notices of special meetings 
 of the Commission. Except as otherwise directed by the Commis- 
 sion, he shall be custodian of the seal and of all records, books, and 
 papers of the Commission. In case of the absence or inability, of the 
 secretary to perform his duties, the secretary pro tempore shall exer- 
 cise all the powers and perform all the duties of the secretary during 
 such absence or inability and until a new secretary shall be elected. 
 
 48 
 
Article V. 
 
 ADMINISTRATIVE SECRETARY. 
 
 Subject to the control of the Commission, and of the chairman 
 and secretary thereof, the administrative secretary shall be the ad- 
 ministrative officer of the Commission in immediate charge of its 
 office and routine business. He shall also perform such other duties 
 as may be assigned to him by the Commission. 
 
 Article VI. 
 
 STANDING COMMITTEES. 
 
 There shall be three standing committees, each of which shall 
 be composed of the chairman and of two members appointed by him. 
 These committees shall be (1) committee on rules and regulations, 
 (2) committee on blank forms, circulars and publications, and (3) 
 committee on office furnishings and organization. 
 
 Artjcle VII. 
 
 COMMITTEE ON RULES AND REGULATIONS. 
 
 The committee on rules and regulations shall from time to time 
 prepare such rules and regulations as may be necessary for the ade- 
 quate enforcement of the Workman's Compensation Law. All rules 
 and regulations drafted must be referred to the Commission for its 
 approval. 
 
 Article VIII. 
 
 COMMITTEE ON BLANK FORMS, CIRCULARS AND PUBLICATIONS. 
 
 The committee on blank forms, circulars and publications shall 
 prepare such blanks, circulars, etc., as the Commission may direct, 
 and refer them to the Commission for its approval. 
 
 Article IX. 
 
 COMMITTEE ON OFFICE FURNISHINGS AND ORGANIZATION. 
 
 The committee on office furnishings and organization . shall, with 
 the approval of the Commission, select and furnish the office for, the 
 Commission and supervise its, organization... n ,, , , ,,.' , . ..... .... . ,< 
 
 49 
 
Article X. 
 
 COMMISSION SEAL. 
 
 The commission seal is, until otherwise ordered hy the members 
 of the Commission, an impression upon paper or wax bearing the 
 words "Government of Porto Rico— Workman 's Relief Commission." 
 All decisions of the Commission granting or denying compensation, 
 and all official copies of such decisions shall be sealed with this seal. 
 
 Article XI. 
 
 ORDER OF BUSINESS. 
 
 The order of business at all regular meetings shall be: 
 (a) The reading and approving of the minutes of the last regular 
 meeting, and of any special meetings that may have intervened; 
 ( 6 ) Reports of committees • 
 
 (c) The consideration of any unfinished business of an adminis- 
 trative nature not connected with the granting or denying of peti- 
 tions for compensation; 
 
 (d) The consideration of new business of an administrative na- 
 ture not affecting the granting or denying of petitions for compen- 
 sation ; 
 
 (e) The presentation of petitions of compensation; 
 (/) The consideration of pending petitions; 
 
 (g) The hearing of testimony upon petitions; 
 (h) The decision of pending petitions for compensation which 
 have been duly investigated and are ready for decision. 
 
 Article XII. 
 
 EXPENSES OF THE COMMISSION. 
 
 All expenditures of the Commission shall be vouchered by the 
 administrative secretary and signed by the chairman, in accordance 
 with such rules as may be prescribed by the Auditor. No expenses 
 chargeable to the Workman's Relief Trust Fund shall be incurred 
 unless they are specifically authorized both as to purpose and amount 
 by the rules and regulations of the Commission or by special prior 
 authorization of the Commission, except in cases of emergency when, 
 with the approval of the chairman and secretary, expenses of not 
 to exceed fifty dollars ($50) may be incurred. All vouchers must 
 be submitted to the Commission for approval before payment. 
 
 50 
 
Article XIII. 
 
 ADDITIONAL EMPLOYEES' EXPENSES. 
 
 If, in accordance with the provisions of section 19 of the law 
 and in the opinion of the "Workman's Relief Commission, additional 
 employees are absolutely necessary for the work of the Bureau of 
 Labor, the Treasury Department, the office of the Attorney General 
 or the commission in the performance of duties under the Workman's 
 Compensation Law, such additional employees may be employed and 
 their compensation fixed by the Workman's Relief Commission, with 
 the approval of the Executive Council. Such employees shall per- 
 form such duties as the Commission shall specify and their salaries 
 shall be paid from the Workman's Relief Trust Fund. The proper 
 traveling and other expenses of such employees and of members of 
 the Commission, when incurred in the performance of duties pre- 
 viously authorized by the Commission, shall be paid from the Work- 
 man's Relief Trust Fund. Except as otherwise provided in the rules 
 and regulations of the Commission or in these by-laws, no other ex- 
 penses of any person or of any branch or division of the Insular 
 Government shall be paid from the Workman's Relief Trust Fund. 
 
 Article XIV. 
 
 AMENDMENTS OP BY-LAWS. 
 
 Any article or section of these by-laws may be amended or re- 
 pealed and new by-laws may be adopted only by the affirmative vote 
 of at least three of the members of the Commission. The proposed 
 amendment must be presented in writing at a regular meeting of 
 the Commission, and cannot be voted upon prior to the next succeed- 
 ing regular meeting. Notice of the proposed amendment, enclosing 
 a copy of the same, shall be given by the secretary to each member 
 of the Commission not less than seventy-two hours prior to the meet- 
 ing at which the same is to be voted upon. Any article or section 
 of these laws may be waived by the unanimous consent in writing 
 of all the members of the Commission present in Porto Rico, in which 
 case such waiver must be made a part of the minutes of the meeting. 
 
 51 
 
Appendix "C." 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 SAN JUAN, P. R. 
 
 GROUPING OF OCCUPATIONS OF WORKMEN SUBJECT TO THE 
 WORKMAN'S COMPENSATION LAW. 
 
 INSURANCE BATES. 
 
 Group I. 
 Four per cent (4%) of total annual pay roll of workmen subject 
 to law, engaged in the following: 
 
 1. The manufacture or handling of powder or fireworks; blast- 
 ing; or any other work with dangerous quantities of explosives; 
 
 2. The wrecking or moving of structures of over 25 feet in height 
 or weighing over two tons; 
 
 3. The digging of tunnels, shafts or walls over two meters below 
 the surface, or any underground work; 
 
 4. Sub-aqueous work; 
 
 5. Structural iron or steel work; 
 
 6. Quarrying; 
 
 7. Pile driving; dredging; . 
 
 8. The construction of dams, dikes, bulkheads, jetties, or break- 
 waters ; 
 
 9. The construction or repair of bridges which, at their highest 
 place are over 25 feet above the surface; 
 
 10. The installation, erection, or removal of boilers, furnaces, or 
 machinery in general; 
 
 11. The installation, repair or operation of electric systems of all 
 kinds, but not including telephone and telegraph systems; 
 
 12. Stevedoring, longshoring, wharf operations; 
 
 13. The operation of passenger or freight elevators; 
 
 14. Jockeys; 
 
 15. Chauffeurs; 
 
 16. All transportation by sail or fishing upon the open ocean; 
 
 17. Circuses; gymnastics or athletics; carroussels; 
 
 18. All other occupations similar to the above not otherwise speci- 
 fied. 
 
 52 
 
Group II. 
 
 Two and one-half per cent (2%%) of total annual pay roll of 
 workmen subject to law, engaged in the following: 
 
 1. All workmen employed by an employer who is engaged in 
 the production of sugar and also all workmen employed by him in 
 the storage or marketing of sugar, except workmen engaged in the 
 wrecking or moving of structures of over 25 feet in height or weigh- 
 ing over two tons, and except workmen engaged in structural iron 
 or steel work; 
 
 2. All workmen employed by an employer who is engaged in con- 
 struction or repair work of any kind on buildings or structures over 
 30 feet in height, except those engaged in occupations specified under 
 Group I; 
 
 3. Eoad construction; 
 
 4. All bridge construction or repair not otherwise specified ; 
 
 5. Breaking or crushing stone; 
 
 6. The construction, repair, maintenance or operation of telephone 
 or telegraph systems, but not including office operators; 
 
 7. The construction or repair of ships of over 10 tons; 
 
 8. The construction, repair, maintenance or operation of private 
 railway systems; 
 
 9. The transportation or handling of articles or packages weigh- 
 ing 200 pounds or more, but not including express or railway trans- 
 portation ; 
 
 10. The manufacture of lime; 
 
 11. Mining not otherwise specified; 
 
 12. The operation of lumber yards. The milling of lumber ; barrel 
 or box making; sash, blind, and turning mills; or shop carpentry 
 work; with machinery; 
 
 13. "Water transportation with machinery; 
 
 14. Machine shops, foundries, forges, smelters or blast furnaces; 
 
 15. Garages for repairing automobiles; 
 
 16. All workmen employed by an employer in connection with 
 the canning industry, with machinery; 
 
 17. The wrecking and moving of structures not otherwise speci- 
 fied; 
 
 18. The insulation or repair of electric wiring of buildings or 
 work in electric repair shops; 
 
 19. Blacksmith shops; 
 
 20. Warehouses, except as otherwise specified; 
 
 21. The loading or unloading of coal in connection with shipping; 
 
 53 
 
22. All other occupations similar to the above not otherwise speci- 
 fied. 
 
 Group III. 
 
 One and three-fourths per cent (1%%) of total annual pay roll 
 of workmen subject to law, engaged in the following: 
 
 1. All workmen employed by an employer who is engaged in 
 construction or repair work of any kind on buildings or structures 
 30 feet or less in height, except those engaged in occupations speci- 
 fied in Group I; 
 
 2. Road repair; 
 
 3. Gas works or systems; 
 
 4. Bakeries, confectionery shops, or noodle factories; with ma- 
 chinery ; 
 
 5. Laundries with machinery; 
 
 6. Breweries or distilleries; 
 
 7. Cigar or cigarette manufacture with machinery; 
 
 8. Express services; 
 
 9. Broom factories with machinery; 
 
 10. Janitors, window cleaners, or similar workmen in offices or 
 business establishments ; 
 
 11. Brick, tile or clay manufacture with machinery; 
 
 12. Hat manufacture with machinery; 
 
 13. Ice cream, soft drinks, or carbonated water manufacture with 
 machinery ; 
 
 14. Stock yards, slaughter houses; 
 
 15. All work with machinery in printing, engraving or lithograph- 
 ing establishments; 
 
 16. Livery stables; 
 
 17. All workmen employed by an employer who is engaged in 
 the manufacture or delivery of ice; 
 
 18. The husking, drying, polishing, cleaning or sorting of cof- 
 fee with machinery; 
 
 19. Fruit cleaning or packing with machinery; 
 
 20. All other occupations similar to the above not otherwise speci- 
 fied. 
 
 Group IV. 
 
 One per cent (1%) of total annual pay roll of workmen subject 
 to law, engaged in the following: 
 
 1. Carriage or wagon repair or manufacture, without machinery; 
 
 54 
 
2. The manufacture or repair of shoes with machinery ; 
 
 3. Plumbing; 
 
 4. Tinsmith shops; 
 
 5. The automobile business, except repair garages and except 
 chauffeurs ; 
 
 6. Water transportation not with machinery and not upon the 
 open ocean; ' 
 
 7. Theatre, stage or cinematograph work; 
 
 8. Creameries or cheese factories with machinery; 
 
 9. Canneries without machinery; 
 
 10. Shop or interior carpentry, painting, finishing, or repair work, 
 where machinery is not used, and where such work is not a part of 
 general construction work; 
 
 11. Transportation or delivery services not otherwise specified; 
 
 12. All other occupations similar to the above not otherwise speci- 
 fied. 
 
 Group V. 
 
 One-half of one per cent (% of 1%) of total annual pay roll of 
 workmen subject to law, engaged in the following: 
 
 1. Wholesale or retail establishments ; 
 
 2. The coffee industry except as otherwise specified ; 
 
 3. The tobacco industry except as otherwise specified; 
 
 4. Telephone or telegraph office operators; 
 
 5. Bakeries, confectionery shops or noodle factories; without ma- 
 chinery ; 
 
 6. Laundries without machinery; 
 
 7. Creameries without machinery; 
 
 8. Dressmaking, tailoring, needle work; 
 
 9. The fruit industry except as otherwise specified; 
 
 10. Brick, tile or clay manufacture without machinery; 
 
 11. Bicycle agencies; 
 
 12. Barber shops; 
 
 13. Mercantile agencies, brokerage; 
 
 14. Hotels, cafes, restaurants, boarding houses, clubs; 
 
 15. The manufacture or repair of shoes not otherwise specified; 
 
 16. Hospitals; 
 
 17. Drug stores; 
 
 18. Millinery shops; 
 
 19. Hat manufacture without machinery; 
 
 20. Dairy, milk depots, or milk distribution; 
 
 21. Photographic work; 
 
 22. Printing not otherwise specified; 
 
23. Parlors or halls for billiards, bowling or other games; 
 
 24. Advertising by bill-boards; 
 
 25. All other occupations similar to the above not otherwise men- 
 tioned. 
 
 Note. — The word ' ' machinery, ' ' as used in these groups, is to be interpreted 
 as machinery driven by steam, gas electric, water or any mechanical power. 
 
 ARTICLES III AND VIII OF THE RULES AND REGULATIONS OF THE 
 WORKMAN'S RELIEF COMMISSION. 
 
 Article III. 
 
 GROUPING OP OCCUPATIONS. 
 
 Section 1. — Marnier of grouping occupations. — Occupations shall 
 be grouped in accordance with the probable risk and liability of 
 injury under existing conditions. Occupations in the same industry 
 or business may be separately grouped and occupations in different 
 industries, or businesses may be singly grouped in accordance with 
 this principle. 
 
 Section 2. — Undesignated occupations. — All workmen subject to 
 the law must be included under one of the groups. Where an occu- 
 pation is not specifically designated, workmen engaged in that occu- 
 pation must -be grouped by the Commission in the group in which 
 there is specified the occupation to which it bears the closest simi- 
 larity and in which the probable risk and liability of injury under 
 existing conditions are nearest equal. 
 
 Section 3. — Determination of group. — Wherever any workmen 
 subject to the law are employed in one of the industries provided 
 for in groups 2, 3, 4 or 5, and are engaged temporarily or regularly 
 in an occupation which is specified in a grouping with a higher rate 
 of premium, their employer shall pay the said higher rate of pre- 
 mium for such workmen unless it is specifically provided in the 
 grouping of the industry that "all" persons in such industry are 
 included therein. 
 
 Section 4.— Employer's accounts of workmen. — All employers of 
 workmen subject to the law must keep their accounts of the wages 
 and time of such workmen separate from the accounts of workmen 
 who are not entitled to its benefits. 
 
 All employers of workmen subject to the law who are employed 
 m occupations which are separately grouped and which are required 
 to pay a different insurance rate must keep separate accounts of the 
 wages and time of the workmen employed in such groups. For pur- 
 
 56 
 
poses of convenience separate accounts need not be kept of a work- 
 man who is employed for not more than 72 hours a year in an occu- 
 pation other than that in which he is regularly employed. 
 
 Article VIII. 
 
 UNAUTHORIZED DISCLOSURES. 
 
 Any official or employee of the Insular Government or any de- 
 pendency of the same, who discloses any information obtained by 
 him in the discharge of any service in connection with the "Workman's 
 Compensation Act, except as specifically authorized by the Work- 
 man's Eelief Commmission, shall be liable to a fine of $50, and such 
 disclosure shall be considered sufficient cause for removal from the 
 service; such penalties to be imposed without prejudice to the pro- 
 visions of section 22 of the Workman's Compensation Act making 
 certain disclosures a misdemeanor, and also without prejudice to any 
 provision of law applicable to such improper disclosures. 
 
 57 
 
Appendix "C." 
 
 GOVERNMENT OF POETO EICO. 
 
 WORKMAN'S RELIEF COMMISSION. 
 
 SAN JUAN, P. E. 
 
 June 1, 1916. 
 
 TO EMPLOYEES, WOEKMEN AND OTHEE PEESONS AFFECTED BT 
 THE WOEKMAN'S COMPENSATION ACT. 
 
 Sib: We enclose herewith a copy of the Workman's Compensa- 
 tion Act, approved April 13, 1916. All persons concerned should 
 thoroughly familiarize themselves with the details of the provisions-, 
 of this law, because their own interests, as well as the successful en- 
 forcement of the law, requires a full understanding of them. If 
 an employer wishes to reject the law, he must do so by June 15, 1916. 
 Furthermore, the law subjects employers to heavy penalties when 
 they fail to perform the duties which it imposes upon them. There- 
 fore employers should consider the law and this letter with great 
 care. 
 
 SCOPE OP THE LAW. 
 
 The law does not apply to domestic servants, farm laborers who- 
 do not work with machinery driven by mechanical power, employees: 
 who do clerical work in offices and commercial establishments where 
 machinery is not used, or workmen who receive wages in excess of 
 $1,200 a year, nor to employers regularly employing less than five 
 workmen subject to the law. 
 
 REJECTION OF LAW. 
 
 The law is elective. Employers and workmen may reject its bene- 
 fits (sees. 23 and 24). But they are still subject to certain of its 
 provisions (sees. 24 and 25). Rejection by an employer is effected 
 by filing a written statement expressing such rejection before June 
 15, 1916, with the Workman's Relief Commission. Rejection by a 
 workman is effected by serving notice in writing of such rejection 
 upon his employer and by filing with the Workman's Relief Com- 
 mission a written statement of such rejection with an affidavit show- 
 
 58 
 
ing the date upon which notice was served upon his employer. Fail- 
 ure to reject in the manner provided in the law constitutes accept- 
 ance. Rejection has important results which are hereinafter con- 
 sidered. 
 
 BENEFITS TO EMPLOYERS WHO DO NOT REJECT THE LAW. 
 
 Employers subject to the law who do not reject its benefits are 
 relieved from liability for accidents to their workmen who have not 
 rejected its benefits. To the extent that they and their workmen 
 are subject to the provisions of the law, they are protected, the com- 
 pensation to their injured workmen being paid from the Workman's 
 Relief Trust Fund. And if an employee of an employer subject to 
 the law rejects its benefits, then such employer is entitled, if sued by 
 such employee for damages for injuries received, to set up all the 
 defenses specified in the following paragraph. (Sec. 24.) 
 
 CONSEQUENCES OF REJECTION BY EMPLOYERS. 
 
 Employers who reject the benefits of the Act before June 15, 
 1916, will not be obliged to contribute to the insurance fund, or to 
 furnish certain reports or information required of employers not re- 
 jecting its benefits. When a workman of such employer is injured, 
 however, his employer is liable for whatever damages such workman 
 may be able to recover in a suit at law, and such employer cannot 
 claim as a defense (ft) that the workman was guilty of contributory 
 negligence; (&) that the injury was caused by negligence of a fel- 
 low employee; (c) that the workman had assumed the risk of the 
 injury; (d) that the injury was caused by the negligence of a sub- 
 contractor or independent contractor unless the latter should have 
 insured their workmen in accordance with the provisions of the Act. 
 (Sec. 25.) Contracts between employers and employees purporting 
 to permit any of these defenses are invalid. 
 
 DUTIES OF EMPLOYERS SUBJECT' TO THE LAW. 
 
 Employers who do not reject the law are obliged to pay their 
 insurance premiums and to furnish certain reports and information. 
 The first semi-annual instalment of the insurance premium is to 
 be paid prior to August 15, 1916, to the Treasurer of Porto Rico, 
 and the second semi-annual instalment prior to February 15, 1917. 
 They will be collected in the same manner, as property taxes. (Sec. 
 14.) Among the reports and information which will be required 
 from employers not rejecting the law, are the following: 
 
 (ft) A duplicate statement under oath showing the number of 
 
 59 
 
workmen employed in each occupation as grouped by the Commis- 
 sion, and their total wages during the fiscal year July 1, 1915, to 
 June 30, 1916. A blank form for this purpose is enclosed herein, 
 (Form No. 1), and other copies will be supplied by the Commission 
 upon request. Failure to file this statement by July 15, 1916, con- 
 stitutes a misdemeanor, (sec. 16). 
 
 (b) A report of all accidents to workmen on and after July 1, 
 1916, to the Bureau of Labor, within ten days after the happening 
 of the same, (sec. 11). 
 
 (c) On and after July 1, 1916, such employers will also have to 
 post notices in a sufficient number of places reasonably to inform 
 their workmen that they are contributors to the Workman's Relief 
 Trust Fund. (Sec. 24.) These notices in order to comply with the 
 provisions of the law must be on the blank form which will be fur- 
 nished upon request by the Workman's Relief Commission and will 
 bear the employer's serial number. 
 
 {d) On and after July 1, 1916, all such employers will be obliged 
 to keep a complete record of each workman employed by them sub- 
 ject to the law, in such manner as the Commission may require, (sec. 
 16). This record must be kept in bound volumes in such form as 
 the Commission may require. Except in eases of special exceptions 
 made by the Commission, entries in this record will be required to 
 be kept up to date. 
 
 (e) Such employers may also be required to furnish any other 
 information needed by the Commission in its work. 
 
 INSURANCE GROUPS. 
 
 In accordance with the provisions of section 13 of the law, and 
 Article III of the rules and regulations, adopted by the Commis- 
 sion and--which have the force and effect of law in accordance with 
 section 10 of the Act, a copy of which article is enclosed herewith, 
 the Workman's Relief Commission has grouped all occupations sub- 
 ject to the law in five groups. The percentage figure stated at the 
 head of each group of occupations signifies the insurance rate for 
 each occupation included therein. Each employer who does not reject 
 the benefits of the law will be obliged to pay into the insurance fund 
 a premium or premiums on his total annual pay roll in such group 
 or groups at such rate or rates. The first semi-annual payment of 
 the premium for the fiscal- year 1916-17 will be collected by the Treas- 
 urer of Porto Rico prior to August 15, 1916, and the second prior 
 to February 15, 1917. A copy of the groups as finally determined 
 by the Commission is enclosed herewith. 
 
 60 
 
BENEFITS TO WORKMEN SUBJECT TO LAW. 
 
 The principal benefit of the law to a workman who is subject 
 to it and who has not rejected its benefits is that when he is injured, 
 and the injury is not due to one of the causes specified in section 
 6 of the law, he or his heirs will receive prompt and definite com- 
 pensation from the "Workman's Relief Trust Fund (sec. 2). This 
 compensation varies according to the wages of the injured or de- 
 ceased workman, the seriousness of the injury, etc. (Sees. 4 and 5.) 
 No court proceedings will be required to obtain this compensation. 
 
 A workman who fails to reject the law thereby accepts it, and 
 neither he nor his heirs can sue his employer who is properly insured 
 except as provided in section 24 of the law. 
 
 If an employer rejects the benefits of the Act, he cannot avail 
 himself of the defenses hereinbefore specified, when sued for dam- 
 ages for injuries received by a workman subject to the Act who has 
 not rejected its benefits (sec. 25). 
 
 CONSEQUENCES OF REJECTION BY WORKMEN. 
 
 A workman who rejects the benefits of the Act may sue his em- 
 ployer for injuries received as formerly. In such suit, however, the 
 .employer can utilize any or all of the defenses previously enumer- 
 ated, and any other defenses to which he would have been entitled 
 prior to the enactment of the law (sees. 24 and 25). No compen- 
 sation of any form will be paid such workman or his heirs from 
 the Workman's Relief Trust Fund. 
 
 ORGANIZATION OF WORKMAN'S RELIEF COMMISSION. 
 
 The Workman's Compensation Act is under the immediate control 
 and supervision of the Workman's Relief Commission, which is com- 
 posed of the Treasurer of Porto Rico, the Director of Labor, Chari- 
 ties and Corrections, and the Attorney General, or the acting heads 
 of said departments, as ex officio members, and two other members, 
 which are Antonio Martinez Alvarez, physician, and Jose A. Canals, 
 engineer, appointed by the Governor, in accordance with the pro- 
 visions of section 10 of the law. This Commission administers the 
 Workman's Relief Trust Fund (sees. 1, 13, 20, etc.) ; decides all 
 claims for compensation (sees. 4, 12, etc.), and in general has super- 
 vision of the law. 
 
 The Workman 's Relief Trust Fund is composed of $25,000, tem- 
 porarily advanced by the Insular Government, and of the insurance 
 premiums paid by employers. Practically the law provides for a 
 
 G-h, 
 
mutual insurance organization of all employers subject to the Act 
 who do not reject its benefits, managed by the Workman's Relief 
 Commission, a branch of the Insular Government. 
 
 CONFIDENTIAL NATURE OP INFORMATION GIVEN TO THE COMMISSION. 
 
 All information given to the Workman's Relief Commission, or 
 any officer or employee of the Insular Government, in connection 
 with this Act is, in accordance with section 22 of the law and Arti- 
 cle VIII of the rules and regulations of the Commission, a copy of 
 which article is enclosed herewith, confidential information, and any 
 person disclosing the same will be personally liable. 
 
 Attention of employers and workmen is called to section 12 of 
 the law, which prohibits employers from making their workmen pay 
 the insurarfce premiums by either direct or indirect means. The 
 attention of employers with employees working by contract or by 
 piece work is also called to section 31. 
 
 The Commission desires to obtain an accurate list of all the em- 
 ployers who accept the law as soon as possible. Employers who do 
 not intend to reject the benefits of the law are requested, therefore, 
 to notify the Commission of their acceptance. Requests for further 
 information should be concretely stated in writing and addressed 
 to the Workman's Relief Commission, San Juan, Porto Rico. 
 
 Workman's Relief Commission. 
 
 62 
 
Form No. 1. 
 
 Original. 
 
 (la accordance with section 16 of the Workman's Compensation Law, employers subject 
 to that law who do not reject its benefits must file this statement on or before July 15, 1916, 
 and any such employer who fails to do so is liable for a misdemeanor.) 
 
 GOVERNMENT OF PORTO RICO. 
 
 WORKMAN'S RELIEF COMMISSION. 
 
 EMPLOYMENT REPORT. 
 
 Employer's name Address. 
 
 Nature of business 
 
 Consolidated Table of Occupations, Wages, Etc. <») 
 
 
 Occu- 
 pational 
 Group 
 («) 
 
 Group 
 Par- 
 agraph 
 
 JULY 1, 1915 TO JUNE 30, 1916 
 
 (6) 
 
 Number 
 of Workmen 
 
 Total Wages 
 («) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 OATH. 
 
 , being duly sworn, on his oath, says that 
 
 he is the of the business of 
 
 [Official position.] [Name of employer.] 
 
 and that to his personal knowledge the foregoing statement is true and correct. 
 
 Signed _ 
 
 Date- 
 
 1916. 
 
 Sworn to and subscribed before me by , of age, 
 
 _^ , , a resident cf — > 
 
 [Profession.] [Married or single.] 
 personally known to me this the day of 
 
 (Affix and cancel internal- 
 revenue stamp here.) 
 
 1916. 
 
 Notary Public. 
 
 (a) This table should include workmen working by piece work or under an independent 
 contractor or subcontrator. (Sec. 31.) , 
 
 <b\ Under "Occupation" the actual work or class of work of workmen should be stated. 
 
 (c) Under "Occupational Group" the number of the group in accordance with the group- 
 ing tnariA bv the Commission should be stated. , 
 
 7d? Under "Group paragraph" the number of the occupation or paragraph number as 
 inMi-BtJa in the grouping made by the Commission should be stated. 
 moicatea in^in^fi^*".^^,, the total wages of a „ workmen rn the occupation indicated for 
 
 the period specified should be stated. 
 
 63 
 
Appendix "D." 
 
 SPANISH CIVIL CODE. 
 
 Title XVI. 
 
 CHAPTER SECOND. 
 
 Obligations which arise from fault or negligence. 
 
 Article 1902. — A person who by an act or omission causes dam- 
 ages to another when there is fault or negligence shall be obliged 
 to repair the damage so done. 
 
 Article 1903. — The obligation imposed by the preceding article 
 is demandable, not only for personal acts and omissions, but also 
 for those of the persons for whom they should be responsible. 
 
 The father, and on his death or incapacity the mother, is liable 
 for the damages caused by the minors who live with them. 
 
 Guardians are liable , for the damages caused by minors or inca- 
 pacitated persons who are under their authority and live with them. 
 
 Owners or directors of an establishment or enterprise are equally 
 liable for the damages caused by their employees in the service of 
 the branches in which the latter may be employed or on account of 
 their duties. 
 
 The State is liable in this sense when it acts through a special 
 agent, but not when the damage should have been caused by the offi- 
 cial to whom properly it pertained to do the act performed, in which 
 case the provisions of the preceding article shall be applicable. 
 
 Finally, masters or directors of arts and trades are liable for the 
 damages caused by their pupils or apprentices while they are under 
 their custody. 
 
 The liability referred to in this article shall cease when the per- 
 sons mentioned therein prove that they employed all the diligence 
 of a good father of a family to avoid the damage. 
 
 64 
 
PORTO RICAN CIVIL CODE. 
 
 Title XVI. 
 
 CHAPTER SECOND. 
 
 Obligations which arise from fault or negligence. 
 
 Section 1803. — A person who by an act or omission causes damage 
 to another when there is fault or negligence shall be obliged to repair 
 the damage so done. 
 
 Section 1804. — The obligation imposed by the preceding section 
 is demandable, not only for personal acts and omissions, but also for 
 those of the person for whom they should be responsible. 
 
 The father, and on his death or incapacity the mother, is liable 
 for the damages caused by the minor who lives with them. 
 
 Guardians are liable for the damages caused by minors or inca- 
 pacitated persons who are under their authority and live with them. 
 
 Owners or directors of an establishment or enterprise are equally 
 liable for the damages caused by their employees in the service of 
 the branches in which the latter may be employed or on account of 
 their duties. 
 
 The State is liable in this sense when it acts through a special 
 agent, but not when the damages should have been caused by the 
 official to whom properly it pertained to do the act performed, in 
 which case the provisions of the preceding section shall be applicable. 
 
 Finally, masters or directors of arts and trades are liable for the 
 damages caused by their pupils or apprentices while they are under 
 their custody. 
 
 The liability referred to in this section shall cease when the per- 
 sons mentioned therein prove that they employed all the diligence 
 of a good father of a family to avoid the damage. 
 
 AN ACT 
 
 IN RELATION TO THE LIABILITY OF EMPLOYERS FOR INJURIES SUSTAINED' 
 BY THEIR EMPLOYEES WHILE IN THEIR SERVICE. 
 
 Be it enacted by the Legislative Assembly of Porto Rico: 
 
 Section 1. — That where, after the passage of this Act, personal 
 
 65 
 
injury is caused to an employee who is himself in the exercise of due 
 care and diligence at the time: 
 
 1. By reason of any defect in the condition of the ways, works, 
 or machinery, connected with or used in the business of the employer, 
 which arose from or had not been discovered or remedied owing to 
 the negligence of the employer or of any person in the service of 
 the employer and entrusted by him with the duty of seeing that the 
 ways, works, or machinery, were in proper condition; or 
 
 2. By reason of the negligence of any person in the service of 
 the employer entrusted with the exercising of superintendence whose 
 sole or principal duty is that of superintendence; or 
 
 3. By reason of the negligence of any person in the service of 
 the empltoyer who has charge of, or physically controls, any signal, 
 switch, locomotive engine, car, or train in motion, whether attached 
 to an engine or not, upon a railroad, the employee, or, in case the 
 injury results in death, his widow or children, or both of them, and 
 if there be no such widow and children, then his parents (provided 
 that said parents were dependent upon such employee for support) 
 may maintain an action for damages against the employer, pursuant 
 to the provisions of this Act. 
 
 Section 2. — That when an employee receives a personal injury 
 under any of the conditions enumerated in section one hereof, he 
 may bring an action against his employer before the proper district 
 court, to recover damages for such injury. The damages so recov- 
 ered shall not exceed the sum of two thousand dollars, and in assess- 
 ing the amount of such damages the court shall take into consider- 
 ation the degree of culpability of the employer, or of the person 
 for whose negligence the employer is liable hereunder, the sums ex- 
 pended by the employee for medical attendance, for drugs, medi- 
 cines and similar necessary expenses, and the loss of wages while 
 recovering from the injury; the court shall also take into consid- 
 eration the physical pain and suffering caused by the injury. If 
 the injury be of such character as to permanently impair the earn- 
 ing capacity of the employee, the court shall include in the damages 
 awarded an allowance for such loss. In ease the injury results in 
 a temporary impairment of his earning capacity, the court, in addi- 
 tion to pain and suffering and the expenditures for medical serv- 
 ices and drugs, shall take into consideration the average rate of wages 
 which, under ordinary conditions, he might have earned if not injured. 
 
 Section 3. — That in case of the death of the employee before the 
 termination of the action so brought against the employer, it may 
 be continued in the name of his widow or children, and if there be 
 
 66 
 
no such widow or children, then in the name of his parents, if they, 
 or either of them, were dependent upon such employee for support 
 at the time of the injury. If it shall appear in any action so contin- 
 ued in the name of the widow, children or parents of a deceased in- 
 jured employee that the death was the result of the injury, damages 
 shall be assessed by the court in a sum not to exceed three thousand 
 dollars; and the court shall estimate such damages in accordance 
 with : ■ 
 
 (a) The degree of culpability of the employer or of the person 
 for whose negligence the employer is liable. 
 
 (6) The material damage incurred by the claimant or claimants 
 through the death of the employee in accordance with the actual 
 needs that said claimant or claimants had to depend upon the wages 
 of such employee for their support, taking into consideration his 
 earning capacity and his probabilities of life, at the time of the 
 accident. 
 
 Section 4. — That when, before having commenced an action here- 
 under, and employee dies as the result of personal injury received 
 under any of the conditions enumerated under section one hereof, 
 his wife, children, or both of them, or if there be no such widow or 
 children, then his parents, provided such parents were dependent 
 upon such employee for support at the time of the injury, may main- 
 tain an action against the employer before the proper district court, 
 for damages caused by the death of such employee. Such damages 
 shall not exceed the sum of three thousand dollars and shall be fixed 
 by the court in accordance with: 
 
 (a) The degree of culpability of the employer or of the person 
 for whose negligence the employer is liable. 
 
 (6) The material damage incurred by the claimant or claimants 
 through the death of the employee in accordance with the actual 
 needs that such claimant or claimants had to depend upon the wages 
 of such employee for their support, taking into consideration his earn- 
 ing capacity and his probabilities of life, at the time of the accident. 
 
 Section 5. — That the court, when fixing the amount of damages 
 to be paid in case of death by personal injury under this Act, shall 
 determine the amount due to each of the claimants in proportion 
 to the material damages incurred by each of them in accordance 
 with the actual needs which each of them had to depend upon the 
 wages of the employee whose death was caused by accident. 
 
 Section 6. — That no action for the recovery of damages for 
 injury or death under the provisions of this Act shall be maintained 
 unless notice of the time, place and cause of the injury is given to 
 
 67 
 
the employer within thirty days after the injury is received or unless 
 it is commenced within six months from the date of the injury. The 
 notice required by this section shall be in writing; signed by the 
 person injured or by some one in his behalf; but if from physical 
 or mental incapacity it is impossible for the person injured to give 
 the notice within the time provided in said section, he may give the 
 same within ten days after the incapacity is removed, and in case 
 of his death without having given the notice and without having 
 been at any time after his injury of sufficient capacity to give the 
 notice, the person or persons entitled to claim compensation pur- 
 suant to the provisions of this Act, or their representatives, may give 
 such notice within thirty days after the death of such employee. But 
 no notice given under the provisions of this section shall be deemed 
 to be invalid or insufficient solely by reason of any inaccuracy in 
 stating the time, place or cause of the injury; Provided, It is shown 
 that there was no intention to mislead, and that the party entitled 
 to notice was not in fact misled thereby. 
 
 Section 7. — That whenever an employee (r) enters into a con- 
 tract, either written or verbal, with an independent contractor to 
 do part of such employer's work, or whenever such contractor enters 
 into a contract with a subcontractor to do all or any part of the work 
 comprised in such contractor's contract with the employer, such con- 
 tract or subcontract shall not bar the liability of the employer for 
 injuries to the employees of such contractor or subcontractor, by 
 reason of any defect in the condition of the ways, works, machinery, 
 or plant, if they are the property of the employer, or furnished by 
 him, and if such defect arose or had not been discovered or remedied 
 through the negligence of the employer or of some person instructed 
 by him with the duty of seeing that they were in proper condition. 
 
 Section 8. — That no employee, or his widow or children, or either 
 of them, or his parents, if there be no such widow or children, shall 
 be entitled under this Act to any right of compensation or remedy 
 against the employer in any case where such employee knew of the 
 defect or negligence which caused the injury, and failed within a 
 reasonable time to give, or cause to be given, information thereof 
 to the employer, or to some person superior to himself in the service 
 of the employer who had intrusted to him so, a general superintend- 
 ence. 
 
 Section 9. — That any employer who shall have contributed to an 
 insurance fund created and maintained for the mutual purpose of 
 indemnifying an employee for personal injuries for which compen- 
 sation may be recovered under this Act, or who has insured the said 
 
 68 
 
employee m any insurance company against the accidents of labor, 
 shall be entitled to have deducted from the sum which he shall have 
 to pay as compensation under the provisions of this Act, the amount 
 that shall have been received by the person injured, or by his widow, 
 or children, from the aforesaid fund or from the insurance company j 
 by reason of the same accident. 
 
 Section 10. — That this Act shall not apply to injuries caused to 
 domestic servants, or farm laborers, by fellow employees. 
 
 Section 11. — That all laws, orders, or decrees or parts thereof 
 in conflict with this Act are hereby repealed. 
 
 Section 12.— That this Act shall take effect from and after its 
 passage. 
 
 Approved, March 1, 1902. 
 
 AN ACT 
 
 RELATING TO THE LIABILITY OP COMMON CARRIERS BY RAILROAD TO THEIR 
 EMPLOYEES IN CERTAIN OASES. 
 
 Be it enacted by the Senate and House of Representatives of the 
 United States of America in Congress assembled: 
 
 That every common carrier by railroad while engaging in com- 
 merce between any of the several States or Territories, or between 
 any of the States and Territories, or between the District of Colum- 
 bia and any of the States or Territories, or between the District of 
 Columbia or any of the States or Territories and any foreign nation 
 or nations, shall be liable in damages to any person suffering injury 
 while he is employed by such carrier in such commerce, or, in case 
 of the death of such employee, to his or her personal representative, 
 for the benefit of the surviving widow or husband and children of 
 such employee; and, if none, then of such employee's parents; and, 
 if none, then of the next of kin dependent upon such employee, for 
 such injury or death resulting in whole or in part from the negli- 
 gence of any of the officers, agents, or employees of such carrier, or 
 by reason of any defect or insufficiency, due to its negligence, in its 
 cars, engines, appliances, machinery, track, roadbed, works, boats, 
 wharves, or other equipment. 
 
 Section 2. — That every common carrier by railroad in the Terri- 
 tories, the District of Columbia, the Panama Canal Zone, or- other 
 possessions of the United States shall be liable in damages to any 
 person suffering injury while he is employed by such carrier in any 
 of said jurisdictions, or, in case of the death of such employee, to 
 his or her personal representative, for the benefit of the surviving 
 
 69 
 
widow or husband and children of such employee ; and, if none, then 
 of such employee's parents; and, if none, then of the next of kin 
 dependent upon such employee, for such injury or death resulting 
 in whole or in part from the negligence of any of the officers, agents, 
 or employees of such carrier, or by reason of any defect or insuffi- 
 ciency, due to its negligence, in its cars, engines, appliances, ma- 
 chinery, track, roadbed, works, boats, wharves, or other equipment. 
 
 Section 3.— That in all actions hereafter brought against any such 
 common carrier by railroad under or by virtue of any of the pro- 
 visions of this Act to recover damages for personal injuries to an 
 employee, or where such injuries have resulted in his death, the fact 
 that the employee may have been guilty of contributory negligence 
 shall not bar a recovery, but the damages shall be diminished by 
 the jury in proportion to the amount of negligence attributable to 
 such employee ; Provided, That no such employee who may be injured 
 or killed shall be held to have been guilty of contributory negligence 
 in any case where the violation by such common carrier of any stat- 
 ute enacted for the safety of employees contributed to the injury 
 or death of such employee. 
 
 Section 4. — That in any action brought against any common car- 
 rier under or by virtue of any of the provisions of this Act to recover 
 damages for injuries to, or the death of, any of its employees, such 
 employees shall not be held to have assumed the risks of his employ- 
 ment in any ease where the violation by such common carrier of any 
 statute enacted for the safety of employees contributed to the injury 
 or death of such employee. 
 
 Section 5. — That any contract, rule, regulation, or device what- 
 soever, the purpose or intent of which shall be to enable any com- 
 mon carrier to exempt itself from any liability created by this Act, 
 shall to that extent be void; Provided, That in any action brought 
 against any such common carrier under or by virtue of any of the 
 provisions of this Act, such common carrier may set off therein any 
 sum it has contributed or paid to any insurance, relief benefit, or 
 indemnity that may have been paid to the injured employee or the 
 person entitled thereto on account of the injury or death for which 
 said action was brought. 
 
 Section 6.— That no action shall be maintained under this Aet 
 unless commenced within two years from the day the cause of action 
 accrued. 
 
 Section 7. — That the term "common carrier" as used in this Act 
 shall include the receiver or receivers or other persons or corpora- 
 
 70 
 
tions charged with the duty of the management and operation of 
 the business of a common carrier. 
 
 Section 8.— That nothing in this Act shall be held to limit the 
 duty or liability of common carriers or to impair the right of their 
 employees under any other Act or Acts of Congress, or to effect the 
 prosecution of any pending proceeding or right of action under the 
 Act of Congress entitled "An Act relating to liability of common 
 carriers in the District of Columbia and Territories, and to common 
 carriers engaged in commerce between the States and between the 
 States and foreign nations to their employees," approved June 
 eleventh, nineteen hundred and six. 
 
 Approved, April 22, 1908. 
 
 Appendix "D." 
 [No. 19.] 
 AN ACT 
 
 PROVIDING FOR THE RELIEF OF SUCH WORKMEN AS MAY BE INJURED, OR 
 OF THE DEPENDENT FAMILIES OF THOSE WHO MAY LOSE THEIR LIVES, 
 WHILE ENGAGED IN TRADES OR OCCUPATIONS, AND FOR OTHER PUR- 
 POSES. 
 
 Be it enacted by the Legislative Assembly of Porto Rico: 
 
 Section 1. — Trust fund created. — That the sum of twenty-five 
 thousand dollars, or so much thereof as may be necessary, out of 
 the general funds in the Treasury of Porto Rico not otherwise appro- 
 priated, is hereby authorized to be temporarily advanced and set 
 apart and shall hereafter constitute, together with such other sums 
 as will be hereinafter specified, a trust fund, to be known as the 
 "Workman's Relief Trust Fund," which shall be administered by 
 the commission hereinafter provided for, and used for the purposes 
 specified in this Act. The said sum so advanced as aforesaid shall 
 be refunded to the Treasury of Porto Rico, either in whole or in part, 
 whenever in the judgment of the commission hereinafter created the 
 Workman's Relief Trust Fund shall be sufficient to safely provide 
 for payments to be made under this Act, within the year following 
 the date of the said refund, after deducting the amount of said refund. 
 
 Section 2. — Bights of workmen. — That every workman, laborer or 
 employee, who may hereafter be engaged in a trade or occupation 
 within Porto Rico, and whose employer has not rejected the bene- 
 fits of this Act, shall, when injured while engaged in such trade or 
 occupation, be entitled to relief as provided in this law, and in the 
 case of the death of such workman as the result of the injuries received, 
 
 71 
 
the legal heirs of the deceased workman shall be entitled to the relief 
 hereinafter provided for, when they depended solely on the earn'- 
 ings of the deceased workman for their living. 
 
 Section 3. — Employments covered. — The provisions of this Act 
 shall apply to all personal injuries by accident to employees, aris- 
 ing out of the employment, and during the course thereof, except 
 farm laborers who are not employed to work with machinery driven 
 by steam, gas or electric or other mechanical power, and except do- 
 mestic servants, and excepting also employees engaged in clerical 
 work, in offices and commercial establishments where machinery is 
 not used; or where if used the accident does not occur on occasion 
 when the same are being used ; Provided, however, That no payments 
 shall be made to any employee under this Act, whenever his employer 
 shall have elected not to pay the insurance premium, as hereinafter 
 provided; And provided further, That this Act shall not apply to 
 any employer regularly employing less than five workmen, nor to 
 • any workman receiving wages in excess of one thousand two hun- 
 dred dollars a year. 
 
 Section 4. — Payment of relief. — That hereafter every workman 
 who may be injured while engaged in an occupation covered by 
 this Act shall be entitled to relief from the Workman's Relief Trust 
 Fund as follows: 
 
 (a) The injured workman shall in every case receive the neces- 
 sary medical attendance and such medicines and necessary food sup- 
 plies as may be prescribed by the "Workman's Relief Commission 
 for a period not exceeding eight weeks of disability; Provided, That 
 no medicines or food supplies shall be furnished to such injured 
 employee from and after the date on which compensation is allowed. 
 
 (6) If the injury sustained is of a temporary character, the in- 
 jured workman shall be paid for each week, and while the disability 
 continues a sum equal to three-fourths of the weekly wages he would 
 have received computed by the average weekly wages of the said 
 injured workman. The said sum so paid shall in no case be less than 
 the equivalent of three dollars per week nor more than seven dol- 
 lars per week, and the period of such payments shall in no case exceed 
 the period of one hundred and four weeks. 
 
 (c) If the injury sustained be of a permanent character, and 
 the workman becomes totally incapacitated for work, then the said 
 injured workman shall be paid the sum of $1,500 from the Work- 
 man's Relief Trust Fund, and shall in addition be paid an allow- 
 ance equal to three-fourths of the average weekly wages of said work- 
 man, for a maximum period of two hundred and eight weeks. The 
 
 72 
 
said payments shall in no case be less than the equivalent of three 
 nor more than seven dollars per week; Provided, That all payments 
 specified in this section shall be made in such manner and at such 
 times as shall be determined by the Workman's Relief Commission 
 hereinafter created. 
 
 Section 5. — Death benefit. — That hereafter, whenever any work- 
 man entitled to relief under this Act shall lose his life, as the result 
 of injuries sustained while engaged in his occupation and the death 
 should occur within one year after the accident, the legal heirs of 
 such deceased workman, if they depend exclusively on the earnings 
 of the deceased for their support, shall receive relief from the Work- 
 man's Relief Trust Fund as follows: 
 
 (a) Burial expenses, not exceeding forty dollars. 
 
 (b) The balance of such sums as the deceased workman was enti- 
 tled to receive, and which he would have received under the provi- 
 sions of paragraph (c) of section 5 [4] of this Act, if he had not 
 died from the injuries sustained by him. 
 
 Provided, That the Workman's Relief Commission shall have 
 power to determine the manner, the time and proportion in which 
 the said payments to the heirs of the deceased workman shall be made. 
 
 Section 6. — Denial of relief. — That no workman, nor his heirs in 
 case of his death, shall be entitled to relief under this Act, in any 
 of the following cases : 
 
 1. When the injuries were received by the workman while wil- 
 fully intending to commit a crime, or when he voluntarily brought 
 the injury upon himself, or when he was injured while trying to in- 
 jure his employer or any other person. 
 
 2. When the intoxication of the workman at the time of the acci- 
 dent was the proximate cause of the injury. 
 
 3. When the injury was caused by the wilful criminal act of a 
 third person. 
 
 4. Where the gross negligence of the workman was the sole cause 
 of the injury. • 
 
 Section 7. — The following injuries shall be deemed to be of a 
 permanent character, entitling the injured workman to the relief 
 provided for in subdivision (c) of section 5 [4] of this law: 
 
 1. Total and permanent loss of sight. 
 
 2. Loss of both feet at or above the ankles. 
 
 3. Loss of both hands at or above the wrists. 
 
 4. Loss of one hand and one foot. 
 
 5. Injury to the spine resulting in complete and permanent para- 
 lysis of both arms or both legs or of one arm and one leg or other 
 
 73 
 
condition permanently incapacitating the workman from performing 
 any work at any gainful occupation. 
 
 Section 8. — Computation of wages. — Average weekly wages shall 
 be computed in a manner best calculated to give the average rate 
 per week earned by the workman during the twelve months prior to- 
 his injury. 
 
 If by reason of the casual nature of the employment or the short- 
 ness of the time the workman has been employed it be impossible to 
 compute the rate of remuneration, regard may be had to the aver- 
 age weekly wages earned by another person of the same aptitude 
 employed at analogous work by the same employer, or if there is 
 no such person employed, by a person of the same grade in the same 
 class of employment in the same district. 
 
 Section 9. — Medical examination. — During the period of disability 
 the injured workman, if so requested by the commission hereinafter 
 created shall submit himself for examination, at reasonable times 
 and places, to a competent physician or surgeon, designated by the 
 commission whose fee shall be such as may be fixed in a schedule 
 to be adopted by the Workman's Belief Commission and shall be 
 paid from the trust fund. 
 
 The workman and the employer shall also be entitled to desig- 
 nate and pay a physician and surgeon to witness such examination,. 
 but this right is established without prejudice to the right of the 
 physician designated as aforesaid to visit the injured workman at 
 all reasonable times and under all reasonable circumstances during 
 his disability. 
 
 The refusal or objection of a workman to submit himself to such 
 medical examination shall suspend his right to receive relief under 
 this Act or to institute or prosecute proceedings under this Act for 
 the recovery of such relief so long as such refusal or objection con- 
 tinues; and no relief shall be paid for the term that such refusal 
 persists. 
 
 Section 10. — Workman's Relief Commission. — Powers. — That a 
 commission to be known as "The Workman's Relief Commission'^ 
 is hereby created, which shall consist of five members, as follows: 
 
 The Treasurer of Porto Rico, or, in his absence, the Assistant 
 Treasurer. 
 
 The head of the department in which the Bureau of Labor is; 
 placed, or, in his absence, the acting head of the department. 
 
 The Attorney General or in his absence the Acting Attorney 
 General. 
 
 .74 
 
And two members, to be appointed by the Governor of Porto Rico, 
 with the approval of the Executive Council. The said two mem- 
 bers shall hold such office for a term of four years and until their 
 successors shall have been appointed and shall have qualified, and 
 they shall not be officers or employees of the Insular Government, 
 and shall receive a per diem of five dollars for each day that the 
 Commission is in session, payable out of the trust fund. 
 
 The said Commission, not later than thirty days after the ap- 
 proval of this law, will organize by electing a chairman and a sec- 
 retary. The said Commission shall have power to adopt any nec- 
 essary rules and regulations for the carrying out of this Act and 
 not inconsistent therewith, which rules and regulations shall have 
 the force of law. The said Commission shall have power to impose 
 fines for a violation of the said rules and regulations, not exceeding 
 the sum of fifty dollars for each offense, except as otherwise provided 
 in this Act. 
 
 Section 11. — Report of accidents by employers. — Every employer 
 subject to the provisions of this Act shall report to the Bureau of 
 Labor, within a period of ten days, all injuries, suffered by his em- 
 ployees in the course of their employment. Such reports shall be 
 upon printed blanks furnished upon request by the Bureau of Labor, 
 and shall contain the name and nature of the business of the em- 
 ployer, the location of the establishment or place of business, the 
 name, age, sex, and occupation of each injured employee, and shall 
 state the date and hour of the accident, the nature and cause of the 
 injury, and such other information as may be required by the Work- 
 man's Relief Commission to be submitted to said Bureau of Labor. 
 
 The report made by the employer under the provisions of this 
 section shall not be evidence against the employer in any proceeding 
 either under this Act or otherwise. 
 
 The refusal or neglect of any employer to make the report required 
 by this section shall be punished by a fine of not less than twenty- 
 five nor more than fifty dollars for each offense. 
 
 The Bureau of Labor, immediately upon the receipt of notice 
 from any source of the occurrence of an accident to any workman, 
 subject to the provisions of this Act, shall make a thorough investi- 
 gation of the said accident, the cause or causes thereof, the charac- 
 ter, nature and extent of the injuries sustained, and to make a full 
 report of the said facts to the Workman's Relief Commission, includ- 
 ing in the said report such other facts and circumstances as in the 
 opinion of the Workman's Relief Commission shall enable it to pass 
 judgment on the claim for the relief of the injured workman, when 
 
 75 
 
the said claim shall be presented to the Commission as herein pro- 
 vided. 
 
 The Workman's Belief Commission shall have the power to make 
 any further investigation that it may deem necessary. 
 
 The Workman's Relief Commission, or some trustworthy person 
 designated by said Commission, is hereby expressly authorized to 
 subpoena witnesses, to take oaths and declarations, to examine books 
 and documentary evidence material to the case under investigation, 
 and to visit and inspect the buildings, machinery and other prop- 
 erty where any accident to a workman may have occurred. 
 
 Section 12. — Applications for relief. — Appeals. — That from and 
 after the approval of this Act, any workman subject to this Act who 
 has sustained injuries while engaged at his work and in case of the 
 death of such workman, as the result of said injuries, his legal heirs 
 dependent upon his wages for support, may present to the Work- 
 man's Relief Commission, within sixty days counted from the date 
 of the injuries, or from the date of the death of the workman, as 
 the case may be, an application in writing for the relief provided 
 for in this Act. 
 
 Such application shall state the time, place, nature and cause of 
 the injury or death, the name and address of the employer and the 
 name and address of the injured workman. 
 
 Within the period of fifteen days after the receipt of the report 
 of the Bureau of Labor, provided for in the foregoing section, the 
 Workman's Relief Commission shall consider the petition for relief 
 and shall render a decision either denying or awarding the relief 
 applied for; and in case the Commission should be of the opinion 
 that the petitioner is entitled to relief under this Act, the decision 
 of the Commission shall specify the amount to be paid, and the time 
 and manner in which payment shall be made. 
 
 A certified copy of the decision of the Workman's Relief Commis- 
 sion, denying or granting relief under the provisions of this Act, 
 shall be served upon the applicant for relief and upon the employer 
 for whom the injured workman was working at the time of the acci- 
 dent, within ten days after the rendering of such decision. 
 
 A certified copy of the decision of the Commission, subscribed by 
 the president and secretary thereof, and sealed with such seal as 
 the Commission may adopt, shall be a sufficient authority to the Audi- 
 tor of Porto Rico to issue a warrant according to law to be paid by 
 the Treasurer of Porto Rico out of the Workman's Relief Trust Fund. 
 
 No claim for the relief provided for in this Act shall be consid- 
 ered by the Workman's Relief Commission unless the Commission 
 
has received a written application on behalf of the person or per- 
 sons entitled to relief, within ninety days from the date of the acci- 
 dent. 
 
 Appeals from the decision of the Workman's Relief Commission 
 to the district court of the district where the accident occurred shall 
 be allowed to the claimant only from the decision of the Commission 
 to the effect that no accident has occurred for which relief is pro- 
 vided in this Act. 
 
 Appeals from the decision of the Workman's Relief Commission 
 shall be allowed to any employer who has been assessed for premi- 
 ums under the provisions of this Act only from the decisions of the 
 Workman's Relief Commission to the effect that the accident is one 
 for which relief s,hould be allowed under the provisions of this Act. 
 
 Such appeal must be taken by filing with the secretary of the 
 district court a written petition setting forth the facts upon which 
 the appeal is based and serving a copy thereof upon the Workman's 
 Relief Commission within thirty days after receipt of notice of the 
 decision of the Workman's Relief Commission. 
 
 After the appeal is perfected the district court shall proceed with 
 the case in the same manner as is provided by law for an appeal from 
 a judgment of a municipal court in civil cases. The decision of the 
 district court shall be final on questions of fact. 
 
 The Workman's Relief Commission may at any time during the 
 period originally fixed by the said Commission for the payment of 
 relief in accordance with this Act, modify its decision either by reduc- 
 ing or increasing the period during which such payments shall be 
 made or by reducing or increasing the amount of such payments; 
 Provided, however, That in. no case shall the period during which 
 payments shall be made or the amount thereof exceed the limits 
 provided in this Act. 
 
 Section 13. — Grouping of occupations. — Before June 1, 1916, the 
 Workman's Relief Commission shall classify and group the occu- 
 pations of workmen to whom this Act applies in accordance with 
 the probable risk or liability of injury under existing conditions 
 and shall fix rates of insurance to be paid by the employers of work- 
 men in these groups. All such rates or premiums shall be levied 
 on the estimated payroll of the employer of such workmen, who has 
 not elected to reject the benefits of the Act, for the fiscal year cov- 
 ered by the insurance, on a basis that shall be fair, equitable and 
 just as among such employers. Where the Workman's Relief Com- 
 mission is of the opinion that the payroll for the fiscal year prior 
 to the year for which insurance is to be collected constitutes a fair 
 
 77 
 
basis upon which to estimate the payroll for the fiscal year during 
 which the insurance is to be effective, the said payroll for the fiscal 
 year during which the insurance is to be effective shall be estimated 
 thereby; Provided, That where in the opinion of the "Workman's 
 Eelief Commission such payroll cannot be taken as a fair basis upon 
 which to estimate the payroll for the year during which the insur- 
 ance is to be effective, the Workman's Relief Commission may require 
 a deposit in advance, as hereinafter provided. There shall be no 
 more than five groups with rates not exceeding those here stated: 
 
 Group No. 1. — Not over 4 per cent of total annual payroll of the 
 employers employing workmen entitled to compensation in accord- 
 ance with this Act in such group. 
 
 Group No. 2. — Not over 3 per cent of total annual payroll of the 
 employers employing workmen entitled to compensation in accord- 
 ance with this Act in such group. 
 
 Group No. 3. — Not over 2 per cent of total annual payroll of the 
 employers employing workmen entitled to compensation in accord- 
 ance with this Act in such group. 
 
 Group No. 4. — Not over 1 per cent of total annual payroll of the 
 employers employing workmen entitled to compensation in accord- 
 ance with this Act in such group. 
 
 Group No. 5. — Not over one-half of 1 per cent of total annual 
 payroll of the employers employing workmen entitled to compensa- 
 tion in accordance with this Act in such group. 
 
 In case the funds in any group are insufficient to meet the com- 
 pensation that may be due to injured workmen in that group, the 
 Commission is hereby authorized to cause the transfer of funds from 
 any other group temporarily; but it shall be the duty of the "Work- 
 man's Relief Commission to cause to be retransf erred the said funds 
 to the group or groups from which they have been transferred within 
 two years from the date of the transfer; Provided, That if after this 
 Act has gone into effect it is shown by experience under the Act 
 that because of poor or careless management, or because of lack of 
 safety appliances, any establishment or work is unduly dangerous 
 in comparison with other like establishments or works, the "Work- 
 man's Relief Commission may advance its classification of risk and 
 premium rate in proportion to the undue hazard. 
 
 Section 14. — Assessment of premiums. — The Treasurer of Porto 
 Rico is hereby empowered, authorized and directed to levy, assess 
 and collect semi-annually and in advance from every employer of 
 workmen subject to this Act, such annual premiums as the "Work- 
 man's Relief Commission shall determine in accordance with the 
 
 78 
 
preceding section, on the total amount of damages paid by said em- 
 ployer to workmen who were or would have been entitled to the 
 benefits of this Act during the year prior to the levying of the pre- 
 miums, if the same had been in force and the employer should not 
 have elected to reject the benefits thereof. 
 
 The assessment shall be made prior to August fifteen in each year 
 for the fiscal year beginning on the preceding July 1, taking as a 
 basis therefor the total amount paid for wages of workmen employed 
 by each employer during the previous year who were or would have 
 been entitled to the benefits of this Act, if the same had been in 
 force and the employer should not have elected to reject the benefits 
 thereof. 
 
 Should the employer fail to pay the premiums legally levied on 
 him, the Treasurer of Porto Rico shall order the attachment of prop- 
 erty of said employer, and shall proceed to sell the same at auction 
 in accordance with the -procedure established by the act to secure 
 and collect due and unpaid taxes on property. 
 
 Section 15. — At the end of each fiscal year the Treasurer shall 
 compare the actual payroll of each employer paying premiums in 
 accordance with this Act for such fiscal year with the payroll of the 
 preceding fiscal year, on the basis of which premiums were levied, 
 assessed and collected by him, and if the payroll for the year dur- 
 ing which the insurance was effective is greater than that of the pre- 
 vious fiscal year for which premiums were levied, assessed and col- 
 lected, the Treasurer shall levy, assess and collect upon the differ- 
 ence, additional premiums in the same manner and on the same basis 
 as the original premiums were levied, assessed and collected; and 
 if the payroll for the year during which insurance was effective is 
 less than that of the previous fiscal year for which premiums were 
 levied, assessed and collected, the Treasurer shall repay from the 
 Workman's Relief Trust Fund the proportion of the. premiums cor- 
 responding to the difference between the actual payroll for the year 
 during which insurance was effective and the year for which they 
 were levied, assessed and collected ; Provided, That in any case where 
 "the Workman's Relief Commission believes that the payroll for the 
 preceding fiscal year is not a fair basis upon which to estimate the 
 payroll for the succeeding year, it may require in advance a deposit 
 to cover the premiums during the year for which insurance is to be 
 ■effective, and the balance of the said deposit, if any, shall be refunded 
 at the end of the year after deducting the premiums due on the basis 
 di the actual payroll for the year during which such insurance was 
 •effective, and if the deposit is found at any time to be insufficient, 
 
 79 
 
the "Workman's Relief Commission is authorized to require a further 
 deposit to meet such deficiency. The deposits required by the Work- 
 man's Relief Commission shall be levied, assessed and collected in 
 the same manner hereinbefore provided for the levy, assessment and 
 collection of premiums. 
 
 Section 16. — Duties of the employers. — It shall be the duty of 
 every employer of workmen, entitled to the benefits of this Act, and 
 who has not elected to reject the benefits of this Act, to file with 
 the Workman's Relief Commission, on or before the fifteenth day of 
 July in each year, a duplicate statement under oath showing the 
 number of workmen employed by the said employer and who were 
 or would have been entitled to the benefits of this Act if the same 
 had been in force and the employer should not have elected to reject- 
 the benefits thereof, and also the total amount of wages paid to said 
 employees during the previous fiscal year, and such other informa- 
 tion in regard to the wages of the said workmen as may be required 
 to be furnished by the Commission. 
 
 The failure to file such statement on or before the date above 
 specified shall constitute a misdemeanor, punishable by a fine of not 
 less than fifty nor more than five hundred dollars, in the discretion 
 of the court. Blanks for such statements shall be furnished upon 
 request by the Workman's Relief Commission. 
 
 It shall be the duty of every employer of workmen entitled to 
 the benefits of this Act to keep a complete record, in accordance with 
 such regulations as may be prescribed by the Workman's Relief Com- 
 mission, showing the name of every such employee, the age and sex 
 of such employee, the nature of the work performed by and the wages 
 paid to every one of the said employees. 
 
 The Workman's Relief Commission may cause an inspection to 
 be made of all the payrolls and other books or records of such em- 
 ployees, relating to the payment of wages, by any representative 
 duly authorized by them ; and it shall be the duty of such employer 
 to permit such an inspection. 
 
 Any employer who knowingly gives false information required 
 by this section shall be subject to the same penalty herein provided 
 for a failure to file the statement required by this section and shall 
 in addition be liable to the Workman's Relief Commission for three 
 times the difference between the premium paid and the amount that 
 should have been paid, which sum shall be collected in the same 
 manner as is provided for the collection of the regular premiums 
 under this Act. 
 
 80 
 
Section 17. — Premiums. — The said premiums shall when collected 
 be covered by the Treasurer of Porto Rico into the Workman's Relief 
 Trust Fund, constituted in section 2 of this Act, 
 
 Section 18. — Employees not to pay for insurance. — No agreement 
 by an employee to pay any portion of the premiums paid by his em- 
 ployer to the Workman's Relief Trust Fund shall be valid; and 
 any employer who makes a reduction for such purpose from the wages 
 or salaries of any employee entitled to the benefits of this Act shall 
 be guilty of a misdemeanor. 
 
 Section 19. — Expenses of administration. — If in the opinion of 
 the Workman's Relief Commission additional employees are abso- 
 lutely necessary for the work of the Bureau of Labor, the Treasury 
 Department, the Department of Justice or the Commission, in con- 
 nection with this Act, such additional employees may be employed 
 and their compensation fixed by the Workman's Relief Commission 
 with the approval of the Executive Council of Porto Rico, and the 
 expenses thereof, as well as any traveling expenses incurred in con- 
 nection with the carrying out of this Act, shall be charged to the 
 Workman's Relief Trust Fund. 
 
 Section 20. — Investment of s.urplus or reserve. — The Workman's 
 Relief Commission may invest any of the surplus or reserve funds 
 belonging to the Workman's Relief Trust Fund in bonds of the United 
 States or of Porto Rico or bonds for which the credit of The Peo- 
 ple of Porto Rico has been pledged. All such securities or evidences 
 of indebtedness shall be placed in the hands of the Treasurer of 
 Porto Rico, who shall be the custodian thereof. He shall collect the 
 principal and interest thereof when due and pay the same into the 
 Workman's Relief Trust Fund. The Treasurer shall pay all war- 
 rants or vouchers drawn on the Workman's Relief Trust Fund for 
 the making of such investments when signed by the president and 
 secretary of the Workman's Relief Commission approved by the 
 Auditor of Porto Rico and countersigned by the Governor. The 
 Workman's Relief Commission, with the consent of the Governor 
 of Porto Rico, may sell any such securities, the proceeds thereof to 
 be paid over to the Treasurer, who shall pay the same into the Work- 
 man's Relief Trust Fund. 
 
 Section 21. — Accounts. — The Workman's Relief Commission shall 
 report all matters relating to the receipts, disbursements, accounts 
 and financial matters to the Treasurer of Poro Rico who shall keep 
 an accurate account of the money paid in premiums by each of the 
 several groups of employments, and the expenses of administering 
 the Workman's Relief Trust Fund and the disbursements on account 
 
 81 
 
of injuries and deaths of employees in each of said groups, includ- 
 ing the setting up of reserves adequate to meet anticipated and unex- 
 pected losses and to carry the claims to maturity; and also an ac- 
 count of the amounts received from each individual employer; and 
 of the amount disbursed from the Workman's Relief Trust Fund for 
 -expenses, and on account of injuries and deaths of the employees 
 -of such employer, including the reserves so set up, and all other 
 necessary accounts of the "Workman's Relief Commission; Provided, 
 That all such accounts shall be subject to examination and audit 
 by the Auditor of Porto Rico. 
 
 Section 22. — Disclosures prohibited. — Any information acquired 
 in accordance with section 16 of this Act by the Workman's Relief 
 Commission or by any officer or employee intrusted with the per- 
 formance of any duty under this Act shall be deemed to be confiden- 
 tial information, and any such officer or employee who shall disclose 
 the said information shall be guilty of a misdemeanor. 
 
 Section 23. — Election by employer.— This Act, except the section 
 relating to defenses (section 25), shall apply to all employees or, 
 as provided in section 4 of this Act, unless prior to the injury they 
 shall have rejected the benefits of this Act in the manner hereinafter 
 provided. 
 
 The rejection by the employer of the benefits of this Act shall 
 be signified by filing with the Workman's Relief Commission a writ- 
 ten statement expressing such election. The said statement must 
 be filed by the employer on or before 'the fifteenth day of June, 1916, 
 and on or before the thirtieth day of April of each succeeding year. 
 
 It shall be the duty of the Workman's Relief Commission to keep 
 official records showing all refusals made by employers. 
 
 Section 24.— Election by employees.— From and after the first 
 day of July of each year it shall be the duty of every employer of 
 workmen entitled to the benefits of this Act, and who has not rejected 
 the benefits of this Act, to display continuously during the next suc- 
 ceeding year in a conspicuous manner about his works and in a suf- 
 ficient number of places reasonably to inform his workmen of the 
 fact, printed notices stating that the said employer is a contributor 
 to the Workman's Relief Trust Fund; and any workman or employee 
 who continues in the employment of such an employer, or who begins 
 to work for such employer, after the posting of the said printed 
 notices, shall be deemed to have elected to accept the benefits of this 
 Act and to have renounced and waived any right or cause of action 
 which the said workman or his legal heirs might have against the 
 employer for injuries sustained by the workman while working for 
 
 82 
 
the said employer and as long as the said employer shall be a con- 
 tributor to the Workman's Relief Trust Fund, where the accident 
 is one for which relief is provided in this Act, except as otherwise 
 provided in this. Act. Provided, however, That such workman or 
 employee may reject the benefits of this Act by serving notice in 
 writing of such election upon his employer and by filing with the 
 Workman's Relief Commission a written statement expressing such 
 election (with return thereon by affidavit showing the date upon 
 which notice was served upon his employer). The rejection of the 
 provisions of this Act by any workman or employee shall be effective 
 only after the filing of the notice above provided for, and for inju- 
 ries received subsequent to the filing of the notice, and shall pre- 
 clude him and his legal representatives from claiming any of the 
 benefits of this Act and entitle them to exercise their right of action, 
 if any, against the employer, in which case the employer may util- 
 ize any or all of the defenses specified in section 2'6 [25] of this Act 
 and any other defenses to which he would be entitled prior to the 
 passage of this Act. Employers shall be entitled to a rebate of the 
 premiums paid by them upon the wages of employees who reject the 
 benefits of this Act ; Provided, however, That if at any time the Con- 
 gress of the United States shall provide that the right of action to 
 recover damages for injuries resulting in death shall never be abro- 
 gated, then any person or persons entitled to compensation under 
 this Act, because of the death of a workman, may elect, within sixty 
 days from the date of the death of the workman to waive compen- 
 sation in accordance with the provisions of this Act, and to maintain 
 their right of action, if any, for the injuries causing the death of 
 the said deceased workman, against the employer to recover dam- 
 ages for the injuries resulting in the death of the said workman, 
 by bringing a proper action within said period of sixty days. 
 
 Whenever a final judgment is rendered by a court of competent 
 jurisdiction against any employer who has accepted the benefits of 
 this Act and paid premiums in accordance therewith, then the amount 
 which otherwise would have been paid to the plaintiff out of the 
 Workman's Relief Trust Fund shall be disposed of by the Workman's 
 Relief Commission in the manner following: 
 
 1. If the amount of such judgment be less than such compensa- 
 tion, then the Workman's Relief Commission shall pay into court 
 the amount of such judgment exclusive of costs and shall cover the 
 surplus into the Workman's Relief Trust Fund. 
 
 2. If the amount of such judgment be precisely equal to the 
 amount of such compensation, then the full compensation shall be 
 
 83 
 
paid into court and be applied to the satisfaction of such judgment, 
 exclusive of costs; 
 
 3. If the amount of such judgment be greater than the amount 
 of such compensation, then the full amount of such compensation 
 shall be paid into court and shall be credited upon such judgment 
 exclusive of costs and the defendant in such action shall be liable 
 for the remainder of the face of such judgment; 
 
 Provided, however, That in no case shall The People of Porto Rico, 
 the Workman's Relief Commission, or the Workman's Relief Trust 
 Fund be held liable for the costs of such litigation; And provided, 
 further, That except as herein otherwise provided, nothing in this 
 Act contained shall be construed as modifying the authority of the 
 court to dispose of the costs of cases as now provided by law. 
 
 The Workman's Relief Commission may assist in defending the 
 said suit and the employer and the Workman's Relief Commission 
 may take advantage of all of the defenses mentioned in section 26 
 [25] of this Act, and all other defenses now recognized by law. Until 
 the Congress of the United States shall provide that the right of 
 action to recover damages resulting in death shall never be abrogated, 
 the provisions of this proviso shall be of no force and effect. 
 
 Section 25. — Defenses abolished in case employer rejects the bene- 
 fits of this Act. — If at the time any accident occurs to an employee 
 for which relief is provided under this Act, the employer has rejected 
 the benefit of this Act, then if an action is brought to recover dam- 
 ages for personal injury sustained by the said employee arising out 
 of and in the course of his employment, it shall not be a defense: 
 
 (a) That the employee was guilty of contributory negligence. 
 
 (6) That the injury was caused by the negligence of a fellow 
 employee. 
 
 (c) That the employee had assumed the risk of the injury. 
 
 {d) That the injury was caused by the negligence of a sub-eon- 
 tractor or of an independent contractor, unless the independent con- 
 tractor or sub-contractor shall have insured in accordance with the 
 provisions of this Act. 
 
 No contract between employer and employee purporting to pei> 
 mit any of said defenses shall be valid. 
 
 Section 26. — Injuries by wilful act or criminal negligence of em- 
 ployer. — Nothing in this Act contained shall be interpreted as depriv- 
 ing the injured workman, or his heirs in case of his death, of the 
 right to elect to waive the provisions of this Act at any time prior 
 to receiving compensation under this Act and to claim and recover 
 damages from his employer in accordance with the provisions of 
 
the law prior to the enactment of this Act, when the injuries sus- 
 tained by the said workman were caused by the wilful act or crimi- 
 nal negligence of his employer. 
 
 Section 27. — Liability of third persons. — "When injury for which 
 workmen are entitled to relief under this Act shall have been sus- 
 tained under circumstances creating a liability against some other 
 person or against the employer where the injury was caused by his 
 wilful act or criminal negligence, and when the workman or his heirs 
 receives relief under this Act the Workman's Relief Commission 
 shall be subrogated to the rights of the injured workman or his heirs 
 and may prosecute and recover damages from the third person or 
 such employer liable for such injury, which damages when recov- 
 ered shall be covered into the Workman's Relief Fund, for the bene- 
 fit of the particular group in which the injured workman's occu- 
 pation was classified. 
 
 Section 28. — Assignments of rights. — Rights and actions accruing 
 under this Act shall not be assignable to other persons, nor shall 
 they be subject to attachment or to the claims of other persons. 
 
 Section 29. — Fines collected. — All fines collected for a violation 
 of any of the provisions of this Act shall be paid into the Workman's 
 Relief Trust Fund. 
 
 Section 30. — Contract between workmen and attorney. — Any con- 
 tract, agreement or stipulation between the injured workman or his 
 heirs and an attorney, for the payment to the said attorney of a fee 
 contingent upon the result of the trial, shall be void and have no 
 legal force or effect unless it be in writing and approved by the judge 
 of the court where the suit is instituted. 
 
 Any stipulation, contract or agreement for the payment to the 
 attorney prosecuting the claim for damages against the employer, 
 of an amount in excess of thirty per centum of the amount recov- 
 ered at the trial, shall be illegal and void, and the making of such 
 contract or stipulation, or the actual receipt by the said attorney 
 of an amount in excess of thirty per centum of the amount recov- 
 ered by the workman or by his heirs shall constitute misconduct 
 on the part of the said attorney, punishable by suspension or dis- 
 barment, after proper proceedings are instituted against the offender 
 in accordance with the existing laws. 
 
 Section 31. — Liabilities for contractors and sub-contractors. — In 
 reporting their annual payrolls all employers must include all work- 
 men who are working either by piece work or under any independ- 
 ent contractor or subcontractor employed or engaged by such em- 
 ployer, and all premiums shall be based upon the actual payroll of 
 
 85 
 
the employer so computed; Provided, That this section shall not 
 apply to the employers where the work is done by an independent 
 contractor and a written copy of the contract has been filed with 
 the "Workman's Relief Commission. 
 
 Section 32. — Definitions. — The word "workman" or "employee" 
 wherever either may occur in this law shall be interpreted to include 
 any person engaged by an employer of workmen entitled to the bene- 
 fits of this Act, whether a man, a woman or a child. 
 
 Section 33. — Nothing in this Act shall be deemed to apply to any 
 common carrier by railroad in Porto Rico subject to the Federal 
 Employer's Liability Act of 1908. 
 
 Section 34. — All laws or parts of laws in conflict with this Act 
 are hereby repealed. 
 
 Section 35. — This Act shall be applicable only to accidents occur- 
 ring after July 1, 1916. 
 
 Section 36. — This Act shall take effect from and after its approval. 
 Approved, April 13, 1916. 
 
 86 
 
Appendix "E." 
 
 Form No. 2. 
 
 Contributor No._ 
 
 CONTRIBUTOR TO WORKMAN'S RELIEF TRUST FUND. 
 
 NOTICE TO WORKMEN. 
 
 GOVERNMENT OF POETO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 In accordance with the provisions of section 24 of the Workman's Compen- 
 sation Law, notice is hereby given to all workmen of 
 
 [Employer.] 
 that said employer is a contributor to the Workman's Relief Trust Fund. All 
 workmen affected by the Workman's Compensation Act who continue or engage 
 in the employment of said employer are subject to that act unless in accordance 
 with the provisions of that act, they elect to reject its benefits. 
 
 Signed .. 
 
 [Employer.] 
 By 
 
 [Agent.] 
 
 [Date.] 
 
 Form No. 3. 
 
 Case No._ 
 
 (To be filled in by the Commission.) 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 APPLICATION FOR COMPENSATION. 
 
 (This application must be made out m duplicate by the person or persons entitled to- 
 compensation or by another in his or their behalf, and should be forwarded to the Workman's, 
 Belief Commission within sixty days.) 
 
 Date 
 
 i ' of :- 
 
 herebv apply t0 tne Workman's Relief Commission for compensation for an m- 
 
 87 
 
jury of 
 
 I hereby certify to the truth of the facts herein below stated. 
 
 Signed 
 
 [Relation to injured workman.; 
 
 Employer's name * 
 
 Address '. 
 
 Nature of business 
 
 Location of plant or place of work where accident occurred- 
 
 Did employer have notice posted? Where? 
 
 Date of accident Hour of day—- 
 
 "Urgent medical and food assistance given to injured workman or his dependent 
 heirs : 
 
 Articles, etc. 
 
 Rendered by 
 
 Addresses 
 
 Value 
 
 
 
 
 
 
 
 
 ■ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Name and address of physicians attending case 
 
 If workman was taken to hospital, give name and address of hospital- 
 
 Has workman rejected the law? 
 
 Have any legal proceedings been brought? If so, explain in full- 
 
 Name of injured person Address 
 
 Sex Age 
 
 Place of birth 
 
 Dependants: Was workman married? Wife living?- 
 
 Number and ages of children 
 
 Other dependants . 
 
 Usual occupation of injured workman 
 
 Length of time at work that day 
 
 Time or piece worker Working days per week 
 
 Wages or average earning per day, $ Wages during the past year, 
 
 Name of parent or. guardian 
 
 Address 
 
 Did injury result in death? Date and hour of death 
 
 Fill in following if deceased workman left dependent heirs: 
 
 88 
 
Names 
 
 Addresses ( Relation lo deceased workman 
 
 
 I 
 
 
 1 
 
 
 
 
 j 
 
 
 
 
 Has it caused any permanent injury? If so, state its nature exactly. 
 
 Has injured person returned to work? If so, on what date? 
 
 At what occupation? and wages per day? $ 
 
 If injured person has not yet returned to work, state probable length of disability 
 
 on account of accident 
 
 Name of machine, tool or appliance in connection with which accident occurred 
 
 By what kind of power was such machine driven? 
 
 Part of machine on which accident occurred 
 
 State exactly part of person injured and nature of injury. 
 Describe in full how accident happened 
 
 How could accident have been prevented? 
 
 "Was the injury received by workman while wilfully intending to commit a crime? 
 
 Was the intoxication of the workman the proximate cause of the injury? 
 
 Was the injury caused by the wilful criminal act of a third person? 
 
 Was the gross negligence of the workman the sole cause of the injury? 
 
 Was accident due to negligence of injured person? 
 
 Was it due to negligence of another person? 
 
 Other facts of importance and suggestions 
 
 NAMES OP WITNESSES. ADDRESSES. 
 
 89 
 
Form No. i. 
 
 Case No.. 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 EMPLOYER'S REPORT OF ACCIDENT TO WORKMAN. 
 
 (To be made in duplicate and sent to Bureau of Labor through the Workman's Belief 
 
 Commission ten days after the accident.) 
 
 Employer's name. 
 Address 
 
 Nature of business 
 
 Location of plant or place of work where accident occurred- 
 
 Did employer have notice posted? "Where? 
 
 Date of accident Hour of day 
 
 Urgent medical and food assistance given to injured workman or his dependent 
 heirs : 
 
 Articles, etc. 
 
 Rendered by 
 
 Addresses 
 
 Value 
 
 Name and addresses of physicians attending ease 
 
 If workman was taken to hospital, give name and address of hospital- 
 
 Has workman rejected the law? 
 
 Have any legal proceedings been brought? If, so, explain in full- 
 
 Name of injured person 
 
 Address Sex_ 
 
 Age 
 
 Place of birth 
 
 Dependants: Was workman married? Wife living?- 
 
 Number and ages of children 
 
 Other dependants . 
 
 Class of work engaged in when injured- 
 
 90 
 
Length of experience in that work 
 
 Usual occupation of injured workman 
 
 Length of time at work that day 
 
 Time or piece worker? Working days per week 
 
 Wages or average earning per day, $ Wages during past year, 
 
 Name of parent or guardian 
 
 Address- 
 
 Did injury result in death? 
 
 Date and hour of death 
 
 Fill in following if deceased workman left dependent heirs: 
 
 Names 
 
 Addresses 
 
 Relation to deceased workman 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Has it caused any permanent injury? If so, state its nature exactly 
 
 Has injured person returned to work? If so, on what date? 
 
 At what occupation? and wages per day? $ 
 
 If injured person has not yet returned to work, state probable length of disability 
 
 on account of accident 
 
 Name of machine, tool or appliance in connection with which accident occurred 
 
 By what kind of power was such machine driven?- 
 Part of machine on which accident occurred 
 
 State exactly part of person injured and nature of injury- 
 
 Describe in full how accident happened- 
 
 How could accident have been prevented? 
 
 Was the injury received by workman while wilfully intending to commit a crime? 
 
 Was the intoxication of the workman the proximate cause of the injury? 
 
 Was the injury caused by the wilful criminal act of a third person? 
 
 Was the gross negligence of the workman the sole cause of the injury? 
 
 Was accident due to negligence of injured person? 
 
 Was it due to negligence of another person? ^ 
 
 Other facts of importance and suggestions 
 
 91 
 
NAMES OF WITNESSES. 
 
 ADDRESSES. 
 
 Signed 
 
 Official title or position- 
 Date 
 
 Note In accordance with section 11 of the law this report shall not be evidence against 
 
 the employer in any proceeding either under the law or otherwise. 
 
 Form No. 5. 
 
 Case No. 
 
 GOVERNMENT OF POETO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 Report by Bureau of Labor of Accident to Workman. 
 
 (To be made out in duplicate.) 
 
 Employer's name. 
 
 Address 
 
 Nature of business 
 
 Location of plant or place of work where accident occurred - 
 
 Did employer have notice posted? Where? 
 
 Date, of accident Hour of day 
 
 Urgent medical and food assistance given to injured workman or his dependent 
 heirs : 
 
 Articles, etc. 
 
 Rendered by 
 
 Addresses | Value 
 
 1 
 
 
 
 1 
 
 
 
 1 
 
 
 
 | 
 
 
 
 1 
 
 
 
 1 
 
 Name and addresses of physicians attending case_ 
 
 If workman was taken to hospital, give name and address of hospital- 
 
 Has workman rejected the law? . 
 
 Have any legal proceedings been brought? If, so, explain in full- 
 
 Name of injured person. 
 
 92 
 
Address- 
 Age 
 
 Sex. 
 
 Place of birth 
 
 .Dependants: Was workman married? Wife living?. 
 
 Number and ages of children 
 
 Other dependants . 
 
 Class of work engaged in when injured 
 
 Length of experience in that work 
 
 Usual occupation of injured workman 
 
 Length of time at work that day 
 
 Time or piece worker? Working days per week 
 
 Wages or average earning per day, $ Wages during past year, 
 
 Name of parent or guardian 
 
 Address 
 
 Did injury result in death? Date and hour of death. 
 
 Fill in following if deceased workman left dependent heirs: 
 
 Names 
 
 Addresses 
 
 Relation to deceased workman 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Has it caused any permanent injury? If so, state its nature exactly 
 
 Has injured person returned to work? If so, on what date? 
 
 At what occupation? and wages per day? $ 
 
 If injured person has not yet returned to work, state probable length of disability 
 
 on account of accident 
 
 Name of machine, tool or appliance in connection with which accident occurred 
 
 By what kind of power was such machine driven?. 
 Part of machine on which accident occurred 
 
 State exactly part of person injured and nature of injury. 
 
 Describe in full how accident happened. 
 
 How could accident have been prevented ?. 
 
 93 
 
Was the injury received by workman while wilfully intending to commit a crime? 
 
 Was the intoxication of the workman the proximate cause of the injury?— 
 Was the injury caused by the wilful criminal act of a third person ?___ 
 Was the gross negligence of the workman the sole cause of the injury?. 
 
 Was accident due to negligence of injured person? 
 
 Was it due to negligence of another person? 
 
 Other facts of importance and suggestions 
 
 NAMES OF WITNESSES. 
 
 ADDRESSES. 
 
 Signed 
 
 Official title or position. 
 Date 
 
 Form No. 6. 
 
 Case No.. 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 REPORT OF SPECIAL INVESTIGATION. 
 
 Employer's name 
 
 Address 
 
 Nature of business 
 
 Location of plant or place of work where accident occurred 
 
 Did employer have notice posted? Where? 
 
 Date of accident Hour of day 
 
 Urgent medical and food assistance given to injured workman or his dependent 
 heirs : 
 
 Articles, etc. 
 
 Rendered by 
 
 Addresses 
 
 Value 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 94 
 
Name and address of physician attending case- 
 
 If workman was taken to hospital, give name 
 
 and address 
 
 of 
 
 hospital 
 
 Has workman reiected the law? 
 
 Have any legal 
 
 proceedings been brought? 
 
 If 
 
 so, explain 
 
 in 
 
 full . 
 
 
 "Name of injured person Address 
 
 Sex Age 
 
 Place of birth 
 
 Dependants: Was workman married? Wife living?. 
 
 Number and ages of children 
 
 Other dependants . 
 
 Class of work engaged in when injured 
 
 Length of experience in that work 
 
 Usual occupation of injured workman 
 
 liength of time at work that day 
 
 Piece or time worker Working days per week 
 
 Wages or average earning per day $ Wages during the past year 
 
 Name of parent or guardian 
 
 Address 
 
 Did injury result in death? Date and hour of death 
 
 Pill in following if deceased workman left dependent heirs: 
 
 Names 
 
 Addresses 
 
 Relation to deceased workman 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 Has it caused any permanent injury? If so, state its nature exactly 
 
 Has injured person returned to work? If so, on what date? 
 
 At what occupation? and wages per day $ 
 
 If injured person has not yet returned to work, state probable length of disability 
 
 on account of accident 
 
 Name of machine, tool or appliance in connection with which accident occurred 
 
 By what kind of power was such machine driven?. 
 Part of machine on which accident occurred 
 
 95 
 
State exactly part of person injured and nature of injury- 
 Describe in full how accident happened 
 
 How could accident have been prevented? 
 
 Was the injury received by workman while wilfully intending to commit a crime? 
 
 Was the intoxication of the workman the proximate cause of the injury? 
 
 Was the injury caused by the wilful criminal act of a third person? 
 
 Was the gross negligence of the workman the sole cause of the injury? 
 
 Was accident due to negligence of injured person? 
 
 Was it due to negligence of another person? 
 
 Other facts of importance and suggestions 
 
 NAMES OF WITNESSES. ADDRESSES. 
 
 Signed 
 
 Official title or position. 
 Date 
 
 Form No. 7. 
 
 Case No 
 
 (To be filled in by the Commission.) 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 REPORT OF MEDICAL EXAMINATION. 
 
 Employers 's name and address 
 
 Workman's name and address 
 
 96 
 
Detailed description of injury- 
 
 Date of accident How_ 
 
 Date of first treatment Hour- 
 Description of treatment 
 
 Subsequent treatments to date- 
 
 Effect of injury: Is workman wholly disabled to perform his present occupation? 
 
 How long, in your opinion, will he be so disabled? „ 
 
 In your opinion, will any permanent disability follow? 
 
 Is he now able to perform any other occupation ?_ 
 
 If permanently injured, will he ever be able to perform any other occupation? 
 
 When? 
 
 Additional information as to extent of disability, impairment of earning capacity, 
 etc. 
 
 Was workman under the influence of alcohol when injured? 
 
 Has workman been maimed or crippled by any previous injury?- 
 
 If so, what? 
 
 Occupation of workman when injured- 
 
 Is workman's present condition due to any other causes than the accident ?- 
 If so, what? 
 
 Other attending physicians: 
 
 Names 
 
 Addresses 
 
 Services rendered 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 (Signed) 
 
 (Date) - 
 
 W(Vr _ This form should be sent to the Workman's Belief Commission, San Juan. P. R., 
 
 ,s soot! as physician has made such examination as will -enable him to make an intelhger-t 
 
 report on the case. 
 
 97 
 
Jerm No. 8. 
 
 Case No— 
 
 GOVERNMENT OF POETO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 CERTIFICATE OF DEATH. 
 
 I, ; , in charge of the 
 
 Civil Register of , P. R., hereby certify: that the 
 
 death of , — _ 
 
 [Name of deceased.] 
 is (not) inscribed in the book , folio of said 
 
 Civil Register. 
 
 This certificate is furnished for the official use of the Workman's Relief 
 
 Commission, on _ , 191__. 
 
 (Signature) 
 
 In charge of the Civil Register. 
 
 Form No. 9. 
 
 Case No 
 
 (To be filled in by the Commission.) 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 EXPENSE BILL. 
 
 I, ; hereby certify that 
 
 the following is a true itemized statement of 
 
 [Medical attendance. 
 
 , furnished by me to 
 
 medicines, food, etc.] [Name of injured workman 
 
 ( residing in , 
 
 or dependent heirs.] [Street and number or barrio.] 
 
 , Por£o Rico. I also certify that none of these items 
 
 [Town or municipality.] 
 
 98 
 
has been previously paid for by the Workman's Relief Commission, 
 all items are enclosed. 
 
 Bills tor 
 
 Signed 
 
 Address. 
 
 Date 
 
 Items 
 
 Amount 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Form No. 10. 
 
 Register of Worl 
 
 Week 
 ending 
 
 
 Age 
 
 Sex 
 
 Occupation or trade 
 
 Wage 
 
 
 Work done 
 
 Group 
 
 Para. 
 
 week or pie 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 • 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 100 
 
ct to Law. 
 
 Amount earned 
 
 Distribution of weekly total 
 Groups 
 
 on. 
 
 Tue. 
 
 Wed. 
 
 Thu. 
 
 Fri. 
 
 Sat. 
 
 Total 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 102 
 
Form No. 12. 
 
 Case No.. 
 
 GOVERNMENT OF POETO EICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 REPORT OP SPECIAL MEDICAL EXAMINATION. 
 
 Name and address of injured workman 
 
 Name and address of employer 
 
 Date of injury hour 
 
 Date of examination hour 
 
 Date of termination or probable termination of disability- 
 Nature and description of injury 
 
 Describe in detail treatment of injury to date- 
 
 Developments which have retarded recovery- 
 
 Is there any permanent disability as a. result of the injury?- 
 If so, what? 
 
 Inclination of workman to follow physician's instructions. 
 
 Was workman, in your opinion, able to return to work prior to examination?- 
 
 If so, state proximate date : 
 
 Is workman now able to return to work? ' 
 
 If not, state date when, in your opinion, he will be able to return to wori — 
 
 (Signed) , M. D- 
 
 (Date) , P. E. 
 
 103 
 
Form No. 13. 
 
 GOVERNMENT OF POETO BICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 Workman's Receipt of Advance from Employer on Account of 
 Workman's Relief Commission. 
 
 (City) 
 
 (Date) 
 
 I, , workman in the employ 
 
 [Name of workman.] 
 
 of , injured on 
 
 [Name of employer.] [Date of accident.] 
 
 hereby acknowledge receipt of $ , from my said employer, on account 
 
 of the Workman's Belief Commission, said amount being advanced to me for 
 
 necessary food supplies or medicines urgently required, and I hereby waive any 
 
 right which I may have to obtain said sum on account of any compensation for 
 
 loss of time or other allowance that may be awarded me by the Workman's Belief 
 
 Commission on account of the above-mentioned injury. 
 
 (Signature) 
 
 [Injured workman.] 
 
 Witness 
 
 Witness 
 
 Employer's Certificate. 
 
 I hereby certify that the above advance was made by me as above stated, 
 upon the representation of the injured workman that the same was urgently needed 
 by him for necessary food supplies or medicines prior to the awarding of com- 
 pensation by the Workman's Belief Commission. This advance is made by me 
 in accordance with the provisions of section 4 of the Workman 's Compensation Act 
 and Article V of the Bules and Begulations of the Workman's Belief Commission. 
 
 (Signature) 
 
 [Employer.] 
 
 (Forms Nob. 14 to 16, Inclusive, arc used by the Treasury Department in collecting and 
 accounting for premiums and are not of general interest.) 
 
 104 
 
Form "So. 17. 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 DECISION OF COMMISSION. 
 
 ^Meeting No ExHbit 
 
 Case No 
 
 [Date.] 
 
 IN RE 
 
 The following reports and other data were presented to the Commission in 
 "this case: 
 
 Application for compensation signed by the injured workman, received 
 
 Employer's report of aecident to workman, received 
 
 Bureau of Labor report, received 
 
 Report of medical examination, received 
 
 Employer's bill of expenses, received 
 
 Workman's receipt of advances from employer, received 
 
 Upon careful consideration the Commission decided that furtheT investigation 
 -was unnecessary and found the facts to be as follows: 
 
 That the injured workman, 
 •of , P. R., was in the employ of 
 
 No. , of , P. R,, at the 
 
 -time of the accident, and that both of these parties were within the provisions 
 of the Workman's Compensation Act; 
 
 That the injury occurred on , on or about 
 
 -while 
 
 -that the injury arose out of the employment and during the course thereof, and 
 that the injured workman is not debarred from receiving compensation because of 
 .any of the causes specified in section 6 of the Workman's Compensation Act; 
 
 That the injured workman appears to have been engaged in an occupation 
 aneluded in paragraph of group ; 
 
 105 
 
Form No. 18 — A. 
 
 Case No„ 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 WORKMAN'S RECEIPT OF ALLOWANCES AWARDED. 
 
 IN RE- 
 
 I, , hereby acknowledge 
 
 receipt of $ , from the Workman's Relief Commission as payment in 
 
 full of allowances awarded me under the Workman's Compensation Act, because 
 
 of an injury sustained by me on , while in the 
 
 employ of , Of this sum $ 
 
 was advanced to me by my employer on account of the Workman's Belief Com- 
 mission. Because of this injury I was unable to work and did not work for my 
 
 said employer or for any other person from , inclusive, 
 
 but I was able to work on , and actually began. 
 
 work for on 
 
 I certify that I have received no medical attendance except that furnished 
 
 me , which has (not) been paid by 
 
 me; that the needed medicines were furnished by 
 
 and have (not) been paid for by me; and I hereby agree to pay all expenses 
 
 incurred in connection with my injury except those for 
 
 herein specified; and I further agree to waive any right or claim which T may 
 have against the Workman's Belief Commission, the Workman's Relief Trust 
 Fund or my employer because of the above-mentioned injury. 
 
 [Injured workman.] 
 
 (Date) 
 
 106 
 
Form No. 18 — B. 
 
 Case No.- 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 EMPLOYER'S RECEIPT OF REIMBURSEMENTS. 
 
 IN RE 
 
 We, (I), , employer 
 
 of , hereby acknowledge 
 
 receipt of $ , from the Workman's Relief Commission, as reim- 
 bursement in full for advances made by 
 
 to , on account of said Commission, in 
 
 connection with an injury sustained by him on , 
 
 while in employ; and hereby waive any right or claim which 
 
 may have against the Workman's Relief Commission or the Workman's Relief 
 Trust Fund because of the said injury. 
 
 [Employer.] 
 Date 
 
 Form No. 18 — C. 
 
 Case No.- 
 
 GOVERNMENT OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 PHYSICIAN'S RECEIPT. 
 
 j , hereby acknowledge 
 
 receipt of $ , from the Workman's Relief Commission, as payment in full 
 
 for medical attendance rendered by me as physician to r 
 
 injured on , while in the employ of , 
 
 and I hereby agree to waive any further claim against the Workman's Relief 
 Commission or the Workman's Relief Trust Fund, because of my services in 
 connection with the above-mentioned injury prior to this date. 
 
 Date " 
 
 107 
 
Form No. 18— D. _ 
 
 Case No.. 
 
 GOVERNMENT OF POETO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 RECEIPT OP PAYMENTS FOR MEDICINES. 
 
 IN RE 
 
 We, (I), , hereby acknowledge 
 
 receipt of $ , from the Workman's Relief Commission, as 
 
 in full for medicines to , in 
 
 connection with an injury sustained by him on , 
 
 while in the employ of ; and 
 
 hereby waive any further claim which may have against the Workman's 
 
 Relief Commission or the Workman's Belief Trust Fund for medicines furnished 
 in connection with this injury prior to present date. 
 
 Date- 
 
 Form No. 19. 
 
 Case No- 
 government OF PORTO RICO. 
 WORKMAN'S RELIEF COMMISSION. 
 
 MEDICAL RELEASE CERTIFICATE. 
 
 Name and address of injured workman 
 
 Name and address of employer 
 
 Date of accident 
 
 Date of release from medical treatment , 
 
 Was he able to work before being released? , 
 
 If so, on what date? 
 
 If not, when will he be able to? 
 
 In your opinion, is the time lost reasonable, taking in consideration the nature 
 
 of the injury? 
 
 Causes which may have delayed recovery 
 
 Remarks 
 
 (Physician's signature) 
 
 (Address) . 
 (Date). 
 
 108 
 
GOVERNMENT OF PORTO RICO. 
 
 WORKMAN'S RELIEF COMMISSION. 
 
 SAN JUAN. 
 
 Address all communications to the 
 
 Workman's Belief Commission 
 
 Dirijaee toda la correspondencia a 
 
 la Comieiin de Indemmza- 
 
 eiones a Obreros. 
 
 September 85, 1916. 
 
 CIRCULAR TO EMPLOYERS REGARDING ADVANCES ON ACCOUNT OF 
 THE WORKMAN'S RELIEF COMMISSION. 
 
 The attention of the Workman's Relief Commission has been called to the 
 difficulty of providing promptly necessary food supplies and medicines in cases 
 of injuries subject to the Workman 's Compensation Act. Before the Commission 
 can pass upon a claim for compensation, it is necessary that various reports be 
 obtained, and this frequently delays the payment of compensation longer than 
 the injured workman is able to wait without causing serious discomfort to himself 
 or those dependent upon him. It has been suggested, therefore, by several em- 
 ployers that they would be glad to make advances for medicines and necessary 
 food supplies, on account of the Workman's Relief Commission, to such injured 
 workmen from time to time pending the determination by the Commission of the 
 amount of compensation to be allowed. For this purpose the Commission approves 
 the following plan : 
 
 (1) Before advancing money for necessary food supplies or medicines, the 
 employer should determine in each case (a) whether the injury sustained was 
 within the scope and during the course of the employment; and (6) whether 
 the injured workman was guilty of gross negligence or any other of the causes 
 preventing the awarding of compensation as specified in section 6 of the Work- 
 man's Compensation Act. If, for any of these reasons, the injured workman ib 
 not entitled to compensation, the Workman's Relief Commission, could not, of 
 course, authorize employers to make advances or reimburse them for any advances 
 made inasmuch as no compensation could be awarded to the injured workman. 
 It is assumed, however, that in the vast majority of cases there will be no ques- 
 tion as to the right to compensation and the employer can, therefore, make such 
 advances as may be absolutely necessary to supply injured workman with food 
 for himself and dependants and those medicines required on account of the acci- 
 dent, not exceeding the amount of compensation which will be awarded the in- 
 jured workman ; that is, three-fourths of his average weekly wages, and not more 
 than $7 a week, as specified in section 4 of the law. If the maximum amount 
 allowable is advanced, the employer should satisfy himself that there are no other 
 similar claims, especially for medicines, not covered by these advances. 
 
 (2) In order to protect employers and the Workman's Relief Commission in 
 such cases, it is necessary that the injured workman receiving such advances should 
 give proper receipts therefor and waive any claim for such amounts. Blank forms 
 for receipts which have been adopted for this purpose are enclosed herewith. 
 These receipts should be forwarded promptly to the Commission. Direct reim- 
 
 109 
 
bursements to employers for advances made can be allowed only in cases in which, 
 these receipts properly signed by the. injured workman are presented by employers. 
 (3) Direct reimbursements to employers for advance made by them on ac- 
 count of the Workman's Belief Commission for necessary food supplies or medi- 
 cines will be granted in accordance with the provisions of section 4 of the 
 Workman's Compensation Act and Article V of the Rules and Regulations of the 
 Workman's Relief Commission. The Commission reserves the right in all cases 
 to deal directly with the injured workman and to allow reimbursements, if any, 
 •in sueh amounts as may, in its opinion, be proper and lawful under the particular 
 circumstances of each ease. 
 
 Respectfully, 
 
 Workman's Relief Commission. 
 
 GOVERNMENT OF PORTO RICO. 
 
 WORKMAN'S RELIEF COMMISSION. 
 
 SAN JUAN. 
 
 Address all communications to the 
 
 Workman's Relief Commission 
 
 Dirija'se toda. la correspondencia a 
 
 la Oomisi^ti de Xndemniza- 
 
 ciones a Obreros. 
 
 October 2, 1916. 
 
 CIRCULAR LETTER TO " PRACTIC ANTES " REGARDING ATTENDANCE 
 TO INJURED WORKMEN SUBJECT TO WORK- 
 MAN'S COMPENSATION ACT. 
 
 For your information and guidance the Workman's Relief Commission in- 
 forms you that, except in unusual cases, the Commission will allow " Practicantes " 
 one-half of the fees for attendance upon injured workmen entitled to compensa- 
 tion under the Workman's Compensation Act of Porto Rico, which would be 
 allowed under the same conditions to licensed physicians. A schedule of fees 
 allowable to physicians has already been adopted. In all cases, however, except 
 where it appears to the Commission impossible so to do, bills for fees from 
 practical* te% must be accompanied by a certificate of a licensed physician authoriz- 
 ing the particular treatments given by the practicante. This certificate must state 
 concretely the nature of the injury to be treated and the treatment prescribed. 
 In cases of emergency when a doctor is not available at the time of the treatment, 
 a certificate from a licensed physician approving the treatment rendered must 
 be furnished the Commission. In the absence of such certificate, as herein re- 
 quired, bills for fees for services rendered by practicantes cannot be allowed by 
 the Commission. 
 
 Respectfully, 
 
 Workman's Relief Commission. 
 
 litf 
 
GOVERNMENT OF. PORTO RICO. 
 
 WORKMAN'S RELIEF COMMISSION. 
 
 SAN JUAN. 
 
 Address all communications to the 
 
 Workman's Belief Commissi on 
 
 Dirijase toda la correspondencia a 
 
 la Comisi6n de Indemaiiza- 
 
 clones a Obreros. 
 
 November SO, 1916. 
 
 TO PHYSICIANS, EMPLOYERS AND PHARMACISTS. 
 
 For your information and guidance we beg to inform you that this Commis- 
 sion added the following to the first paragraph of Article XXI of its Rules and 
 Regulations : 
 
 "No claim for any medical attendance or advances for food supplies or 
 medicines will be paid from the Workman's Belief Trust Fund unless presented 
 to the Workman 's Relief Commission within sixty days after such medical at- 
 tendance is rendered or such advances are made; Provided, That claims submitted 
 after the expiration of that period may be paid, in the discretion of the Com- 
 mission, when notice that the services or advances are being rendered is given 
 the Commission within said sixty days, or the Commission, in its discretion, be- 
 lieves the late submission of the claim to be justified. ' ' 
 
 Workman's Relief Commission. 
 
 GOVERNMENT OF PORTO RICO. 
 
 WORKMAN'S RELIEF COMMISSION. 
 
 SAN JUAN. 
 
 Address all communications to the 
 
 Workman's Relief Commission. 
 
 Dirijase toda la correspondencia a 
 
 la Comisidn de Indemniza- 
 
 clones a Obreros. 
 
 CIRCULAR TO PHYSICIANS. 
 
 November 20, 1916. 
 
 We desire to call your attention to the fact that in the medical reports filed 
 with this Commission in cases of injuries sustained by workmen subject to the 
 Workman's Compensation Act, not only the part of the body injured should be 
 specified, but also the nature and extent of the injury, and such other data as 
 may help to determine the real facts. The Commission depends greatly upon 
 these reports, and, therefore, will appreciate all the information that may help 
 to determine whether or not compensation should be allowed and the period of 
 incapacity for work. 
 Respectfully, 
 
 Workman's Belief Commission. 
 
 Ill 
 
INDEX. 
 
 Page. 
 
 Members and personnel of the Workman's Belief Commission, ___^_- 2 
 
 Introduction ^_^, ^ 3 
 
 Brief history of legislation in Porto Rico affecting injuries to workmen 5 
 
 Outline of Workman's Compensation Act , ^.^^ ^__^«. 6 
 
 Organization of the Commission and its work =. =. =..=. =. 8 
 
 Expenses of the Commission ^^-^^^-^-a--^^-^---- 9 
 
 Proposed amendments ^.^ ~^---*^-^*c-~l. 10 
 
 Operations July 1, 1916, to January 31, 1917 15 
 
 Nature of injuries 15 
 
 Awards in settled cases 18 
 
 Estimated awards in pending cases 22 
 
 Cases denied 29 
 
 No wage loss 29 
 
 The field for workmen 's compensation in Porto Rico 29 
 
 Appendix " A ' ' — 
 
 Minutes of organition meeting of Workman 's Relief Commission 31 
 
 Appendix " B ' ' — Rules and regulations and by-laws of the Workman 's Relief 
 Commission — 
 
 Rules and regulations 31 
 
 By-laws 47 
 
 Appendix "C" — 
 
 Occupational groups 52 
 
 Circular to employers, workmen and other persons explaining the law 58 
 
 Employment report 7 63 
 
 Appendix " D ' ' — Laws governing accidents to workmen — 
 
 Provisions of Civil Code of Porto Rico 65 
 
 Employer's Liability Act of Porto Rico of 1902 65 
 
 Federal Employer's Liability Act 69 
 
 Workman 's Compensation Act of Porto Rico 71 
 
 Appendix "E" — Blank forms and circular letters — 
 
 Employer *s notice to workmen of contribution to Workman 'a Relief Trust 
 
 Fund 87 
 
 Application for compensation °' 
 
 Employer's report of accident to workman 90 
 
 Report of Bureau of Labor of accident to workman 92 
 
 Report of special investigation 94 
 
 Report of medical examination 
 
 Certificate of death : 98 
 
 Expense bill 
 
 Form of pay-rolls for employers 10 ° 
 
 Employer's monthly report of wages 102 
 
 Report of special medical examination 103 
 
 Workman's receipt of advances from employer 104 
 
 Decision of Commission _,.-.— ^— ,— ,— .„. 105 
 
Appendix " E ' ' — Blank forms and circular letters — Continued. 
 
 Page. 
 
 Workman 's receipt of allowances awarded 106 
 
 Employer's receipt of reimbursements 107 
 
 Physician 's receipt 107 
 
 Receipt of payments for medicines 108 
 
 Medical release certificate 108 
 
 Circular letter to employers regarding advances on account of the Work- 
 man's Belief Commission 109 
 
 Circular letter to " practicantes " regarding attendance to injured work- 
 men Subject to Workman's Compensation Act 110 
 
 Circular letter to physicians, employers, and pharmacists regarding time 
 
 of presenting claims HI 
 
 Circular letter to physicians requesting detailed information of nature of 
 injury in medical reports HI 
 
 114 
 
CORNELL UNIVERSITY LIBRARY 
 
 924 078 687 914 
 
 
 DATE 
 
 DUE 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 GAYLORD 
 
 
 
 PRINTED IN USA