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— 1 —
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EFFECT of 1913"ºnents to **
MASSACHUSETTS workMEN'S COMPENSATION
LAW AND SUPPLEMENTARY LAWS
1. Employments Covered. - -
2. Waiting Period.
3. Medical Examination.
4. Settlement of Claims and Disputes.
5. Modification of Agreements and Awards.
6. Accident Prevention.
7. Insurance—
(a) General Provisions.
(b) Mutual Insurance.
(c) Regulation of Rates.
8. Miscellaneous.
1. EMPLOYMENTS COVERFID
Chapter 807, Acts of 1913, which extends the application of the
Workmen's Compensation Law to certain public employments, is
amended so as to provide, in Section 7, that the Compensation Law
shall not apply to any persons “in public employment” other than
laborers, workmen and mechanics employed by counties, etc., having
the power of taxation. Under the wording of this section in its
original form, it literally limited the application of the Compensation
Law to the public employments enumerated, thus excluding private
employments and to that extent conflicting with the definition of
employee in Section 2, Part V, of the Compensation Law (Ch. 807,
Acts of 1916).
. 2, WAITING PERIOD
.. The waiting period is reduced from two weeks to ten days, com-
pensation to begin on the eleventh day after injury (Ch. 90, Acts
of 1916). - .
- 3. MEDICAL EXAMINATION
See “SETTLEMENT OF CIAIMS AND DISPUTES.”
4. SETTLEMENT OF CLAIMS AND DISPUTEs
A new clause is added to Section 8, Part III, of the Workmen's
Compensation Law, providing that the report of the physician ap-
pointed by the Board to examine an injured employee shall be
admissible as evidence in any proceeding before the Board or arbitra-
tion committee, provided copies thereof have been furnished to the
employee and the insurer (Ch. 72, Acts of 1916).
... . . . . . * if *, * * *




—2– - -
5. MoDIFICATION OF AGREEMENTS AND Awards
A new clause is added to Section 4, Part II, of the workmen's
Compensation Law, providing that compensation shall not be dis-
continued except with the written assent of the employee or the
approval of the Board or a member thereof, but that if the injured
employee earns wages at any time after the filing of the original
agreement, payment shall be made as for partial disability under
the provisions of Section 10, Part II (Ch. 90, Acts of 1916). -
. 6. AccIDENT PREVENTION
See “INSURANCE"—(c) Regulation of Rates.
7. INSURANCE
(a) * General Provisions.—A new clause is added to Section 2
of Chapter 183, Acts of 1915, providing that the annual license of
a foreign insurance company doing a workmen's compensation busi-
ness shall not be issued or renewed until it has filed with the
Insurance Commissioner the bond required by such Act (to secure
the payment of its obligations in the State after its withdrawal from
business), for a period at least as long as that covered by its license
(Ch. 29, Acts of 1916). - - -
(b) Mutual Insurance.—It is newly enacted that any mutual
liability company authorized to do business in the State may, with the
approval of the Insurance Commissioner, be placed on an equal foot-
ing, in the transaction of workmen's compensation business, with the
Massachusetts Employees Insurance Association; and that the latter,
subject to like approval, may exercise the same rights and privileges,
both within and without the State, and be subject to the same laws,
as domestic mutual liability companies (Ch. 200, Acts of 1916).
(c) Regulation of Rates.—A joint special recess committee,
composed of three senators and six representatives, has been appointed
to investigate the subjects of rate-making and accident prevention
under the Workmen's Compensation Law, and to report thereon to
the next General Court on the first Wednesday in January (House
Order R-10). . . . : -
8. MISCELLANEOUS
- The salary of the present Secretary of the Industrial Accident -
Board is increased from $3,000 to $4,000 a year, and that part of
Section 2, Part III, Workmen's Compensation Law, which limits
the salary of the Secretary to $3,000 a year is repealed; but it is
specially provided that the salary of the successor to the present
Secretary shall be $8,000 a year (Ch. 275, Acts of 1916). • = r
LIST OF NEw CASES TO SUPPLEMENT 1915
DIGEST OF MASSACHUSETTS WORKMEN'S
: compeNSATION LAW
ALTERNATIVE LIABILITY (IN CASE OF EMPLOYER'S
NON-ACCEPTANCE) .
Ashton v. Boston & Maine R. R. Co., 109 N. F. 820; Henshaw v.
Boston & Maine R. R. Co., I 11 N. E. 172. -
: EMPLOYMENTS COVERED
Gove v. Royal Indemnity Co., 111 N. E. 702; Devney v. City
of Boston, id. 788, - - -
INJURIES COVERED
In re McPhee, 109 N. E. 633; In re Reithel, id. 951; In re
Savage, 110 N. E. 283; In re Madden, 111 N. E. 379; In re Von Ette,
id: 696; In re Harbroe, id. 709, -
NoTICE OF INJURY AND CLAIM FOR COMPENSATION
In re Bloom, I I I N. F. 45; Lemieux v. Contractors' Mut. Liability
Ins. Co., id. 782; In re McLean, id. 783; In re Fierro's Case, id. 957.
COMPENSATION FOR TOTAL DISABILITY
Crowley v. City of Lowell, 111 N. F. 786; In re Branconnier,
id. 792. - -
COMPENSATION FOR PARTIAL DISABILITY
In re Durney, 111 N. E. 166; Lemieux v. Contractors' Mut.
Liability Ins. Co., id. 782.
l COMPENSATION FOR DEATH
Gove v. Royal Indemnity Co., 111 N. E. 702. -
| EFFECT OF PREVIOUS DISABILITY
In re Madden, 111 N. E. 379; Crowley v. City of Lowell, id. 786;
In re Branconnier, id. 792. ~ -
AVERAGE WAGES-How compUTED
In re Durney, 11 I N. E. 166; Gove v. Royal Indemnity Co.,
id. 702. - -
– 4–
who ARE DEPENDENTS ºr . . . .
Kenney v. City of Boston, 111 N. E. 47; In re Newman's Case,
id. 359; In re Kelley's Case, id. 395; Gove v. Royal Indemnity Co.,
id. 702; In re Fierro's Case, id. 957. - . . .
- MEDICAL, EXAMINATION,
In re McLean, 111 N. E. 788.
SETTLEMENT OF CLAIMS AND DISPUTES
In re Doherty, 109 N. E. 887; Lemieux v. Contractors' Mut.
Liability Ins. Co., 111 N. E. 782; In re Fierro's Case, id. 957.
RIGHT OF APPEAL
. In re McPhee, 109 N. E. 638; In re Doherty, id. 887; Kenney
v. City of Boston, 111 N. F. 47; In re Von Ette, id. 696; In re
Fierro's Case, id. 957. .
WHERE INJURY is CAUSED BY THIRD PARTY
Barry v. Bay State Street Ry., 110 N. E. 1031.
PENALTIES
In re Fierro's Case, 111 N. E. 957.
CHAPTER 29, ACTS OF I916
| House, BILL 25]
AN Act to Provide For the Issue of TERM Bonds to companies
- TRANSACTING work MEN's CoMPENSATION IN sur ANCE -
Be it enacted, etc., as follows:
SEction 1. Chapter one hundred and eighty-three of the General
Acts of the year nineteen hundred and fifteen, is hereby amended by
striking out section two, and inserting in place thereof the following :--
Section 2. Every such foreign insurance company shall, within sixty
days after the passage of this act, furnish a bond running to the
commonwealth, with some surety company authorized to transact
business in this commonwealth as surety, for such term and such
amount and in such form and with such surety as may be approved
by the insurance commissioner, the bond being conditioned upon the
º
— 5–
making by such company of the deposits required by section one of
this act. The annual license of such a company shall not be issued
or renewed until it has filed with the insurance commissioner a bond
as aforesaid covering a future period at least as long as that covered
by the license. In place of a bond as aforesaid the company may
furnish other security, upon a like condition, satisfactory to the
insurance commissioner. ' . :
SECTION 2. This act shall take effect upon its passage.
[Approved March 8, 1916. *
CHAPTER 72, ACTS OF 1916
[House, BILL 34]
AN ACT TO PROVIDE THAT REPorts of IMPARTIAL PHYSICIANS SIIALL BE
ADMISSIBLE IN EVIDEN CE IN PROC EEDINGS FOR THE COMPENSATION OF
IN J U RED EMPLOYEES. . -
Be it enacted, etc., as follows:
SEction 1. Section eight of Part III, of chapter seven hundred
and fifty-one of the acts of the year nineteen hundred and eleven, as
amended by section ten of chapter seven hundred and eight of the
acts of the year nineteen hundred and fourteen, is hereby further
amended by adding at the end thereof the words:–The report of the
physician shall be admissible as evidence in any proceeding before
the industrial accident board or a committee of arbitration, provided
that the employee and insurer have seasonably been furnished with
copies thereof.-so as to read as follows:–Section 8. The industrial
accident board or any member thereof may appoint a duly qualified
impartial physician to examine the injured employee and to report.
The fee for this service shall be five dollars and travelling expenses,
but the board may allow additional reasonable amounts in extra-
ordinary cases, and the association shall reimburse the board for the
amount so paid. The report of the physician shall be admissible as
evidence in any proceeding before the industrial accident board or a
committee of arbitration, provided that the employee and insurer
have seasonably been furnished with copies thereof. -
SECTIon 2. This act shall take effect upon its passage.
[Approved March 28, 1916.

–6 —
CHAPTER 90, ACTS OF 1916 . . . . . .
[SENATE BILL 328] . . .
AN ACT To PRovide For compensating IN J U RED EMPLOYEES who ARE
IN CAPACITATED For MoRE THAN TEN DAYS
Be it enacted, etc., as follows:
SECTIon 1. Part II of chapter seven hundred and fifty-one of
the acts of the year nineteen hundred and eleven, and acts in amend-
ment thereof, is hereby amended by striking out section four and
inserting in place thereof the following:—Section 4. No compensation
shall be paid under this act for any injury which does not incapacitate
the employee for a period of at least ten days from earning full wages,
but if incapacity extends beyond the period of ten days, compensation
shall begin on the eleventh day after the injury. When compensation
shall have begun, it shall not be discontinued except with the written
assent of the employee or the approval of the board, or a member
thereof: provided, however, that such compensation shall be paid in
accordance with section ten of Part II of said chapter seven hundred
and fifty-one, as amended by section five of chapter seven hundred
and eight of the acts of the year nineteen hundred and fourteen, if
the employee in fact earns wages at any time after the original
agreement is filed. - -
SECTION 2. This act shall take effect on the first day of January
in the year nineteen hundred and seventeen. . [Approved March
31, 1916. m - -
CHAPTER 200, ACTS OF 1916
[House BILL 1510]
AN ACT RELATIVE to workMEN's compeNSATIon AND LIABILITy
- IN SURAN CE -
Be it enacted, etc., as follows:
SECTION I. Any mutual liability company authorized to do bus-
iness in this commonwealth may, with the approval of the insurance
commissioner, have and exercise any or all of the rights, powers and
privileges relating to the transaction of the business of workmen's
compensation insurance by law vested in or conferred upon the
Massachusetts Employees Insurance Association. . -
SECTION 2. The Massachusetts Employees Insurance Association
may with the approval of the insurance commissioner have and exercise,

– 7– •
within or without the commonwealth, all of the rights, powers and . .
privileges vested in or conferred upon domestic mutual liability com-
panies under general laws, and shall be subject to all the laws now
or hereafter in force relating to such companies. -
SECTION 3. This act shall take effect upon its passage.
[Approved May 12, 1916. - -
| - .. CHAPTER 275, ACTS OF 1916
- [House, BILL 704]
.
#
|
AN AcT TO ESTABLISH THE SALARY OF THE PRESENT Sl. CRETARY OF THE
. INDUSTRIAL ACCIDENT ROARD
Be it enacted, etc., as follows:
SECTION 1. The salary of Robert E. Grandfield, as secretary of
the industrial accident board, shall be four thousand dollars a year
so long as he shall continue to serve in that capacity; but the salary
of his successor shall be three thousand dollars a year. -
SECTION 2. So much of section two of Part III of chapter seven
hundred and fifty-one of the acts of the year nineteen hundred and
eleven, as amended by section seven of chapter five hundred and
seventy-one of the acts of the year nineteen hundred and twelve, and
by section one of chapter forty-eight of the acts of the year nineteen
hundred and thirteen, as is inconsistent herewith, is hereby repealed.
'. | Section 3. This act shall take effect upon its passage.
[Approved June 1, 1916.
º
i
f
CHAPTER 807, ACTS OF 1916
- [SENATE BILL 536]
AN ACT RELATIVE To THE PERSONS ENTITLED To compFNSATION FoR
INJURIES SUSTAINED IN THE course of THEIR EMPLoyMENT
Be it enacted, etc., as follows: .
SECTIon 1. Section seven of chapter eight hundred and seven
of the acts of the year nineteen hundred and thirteen is hereby
amended by inserting after the word “persons”, in the fourth line, the
words:–in public employments, so as to read as follows:–Section
. — 8 —
7. The provisions of chapter seven hundred and fifty-one of the acts
of the year nineteen hundred and eleven, and acts in amendment
thereof and in addition thereto shall not apply to any persons in
public employments other than laborers, workmen and mechanies
employed by counties, cities, towns, or districts having the power
of taxation. . . . . . .
. SECTION 2. This act shall take effect upon its passagd
[Approved June 2, 1916. - |
s |
*
REGULAR SESSION OF 1916
[House ORDER R-10] §
ORDERED, That a joint special recess committee, to be composed
of three members of the Senate and six members of the House of
Representatives, be appointed to sit during the recess of the General
Court to investigate the subject-matter contained in the message of
His Excellency the Governor, printed as Senate Document number
four hundred and forty-four, with special reference to the problem
of rate making, and accident prevention under the provisions o
chapter seven hundred and fifty-one of the Acts of the year nineteel
hundred and eleven, known as the Workmen's Compensation Act, an
Acts in amendment thereof and in addition thereto. The Committed
shall report to the next General Court, on the first Wednesday i.
January, the results of its investigation with drafts of such legisla
tion as it may recommend. The commission shall have a room in in
State House assigned for its use, shall give such public hearings as
it may deem necessary, may employ such assistance, clerical or other-
wise, as it may require, and shall receive such sums for clerical assist-
ance, travel and other expenses, and for the compensation of its
members as shall be allowed by the Governor and Council. [Adopted
by House and Senate, June 2, 1916. : -
I
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