Security of payments.-When an employer becomes liable under the act to pay compensation and is entitled to any sum from insurers on account of the amount due to a workman under such liability, then in the event of the employer becoming bankrupt, such workman has a first claim upon the amount so due, and a judge of the supreme court may direct the insurers to pay such sum into any chartered bank of Canada to be invested or applied to payment of compensation. Settlement of disputes.-Disputes arising under the act are settled by arbitration of existing committees representative of employers and employees, or if either party objects, by a single arbitrator agreed upon by the parties, or, in the absence of agreement, by an arbitrator appointed by a judge of the supreme court. An arbitrator appointed by a judge of the supreme court has all the power of a judge of the supreme court. Questions of law may be submitted by the arbitrator for the decision of a judge of the supreme court. APPENDIX XVIII. CAPE OF GOOD HOPE. Date of enactment.—June 6, 1905, in effect September 1, 1905. Injuries compensated.—All injuries to employees arising out of and in the course of the employment causing death or necessitating absence from work for more than three days and not being caused by or through the gross carelessness of the injured employee. Industries covered.-Any trade, business, or public undertaking, on land or upon or within the territorial waters of the colony, except domestic, messenger, or errand service or employment in agriculture. Persons compensated.-Employees, whether engaged in manual work or otherwise. Government employees.-Act applies to civilian persons employed by or under the Crown to whom it would apply if employer were a private person. Burden of payment.-Employer and every principal are jointly and severally liable for the compensations required under the act. Compensation for death.-When death results from an injury for which a lump sum has not already been paid on account of permanent disability— (a) (b) A lump sum not exceeding three years' wages of deceased, nor more than £400 ($1.946.60), to those wholly dependent upon the workman's earnings. A lump sum not exceeding £200 ($973.30), to those partially dependent upon the workman's earnings; in the absence of persons totally dependent, the sum not to exceed the value of the support which they were receiving from the deceased, calculated for two years. (c) Temporary payments previously made not to be deducted from above sums unless they have continued longer than three months. (d) Reasonable expenses of medical attendance and burial not exceeding £40 ($194.66) in case deceased leaves no dependents. Compensation for disability: (a) A sum not exceeding three years' wages, less any payments received under a provisional order of court, but not exceeding £600 ($2,919.90) in case of permanent total disability, and a smaller sum in proportion to loss of earning power and not exceeding £300 ($1,459.95) in case of permanent partial disability. (b) A payment made, by order of the local magistrate, at the same intervals as the customary wage payments, not exceeding 50 per cent of wages received at time of the injury, nor £2 ($9.73) per week if the injury causes temporary disability lasting more than three days. Revision of compensation.-The provisional order may be set aside or altered by the magistrate, upon request of either party, if justified by a further examination of the injured person or by production of additional evidence. Insurance.-Employers may insure in a company or association against per sonal injury to the workmen employed by them or in their behalf. If the employer contributes toward a benefit society of which the injured or deceased person is a member, allowance is made for such contribution by the court in its order or judgment fixing amount of compensation to be paid. Security of payments.-When an employer or principal is adjudged or admits liability under the act and is entitled to any sum from any insurers on account of such liability, then, in the event the employer becomes insolvent, the worker or his dependents have a first claim upon such sum. Settlement of disputes.-Compensation in cases of disability is fixed provisionally for not more than six months by the local magistrate after receiving a physician's certificate of disability and holding an inquiry. No appeal can be taken from this preliminary order except against a finding on the question of gross carelessness and then only upon leave granted by the superior court. In case the injury results in death or permanent disability, the claimants have a right of action in the local magistrate's court for the amounts due under the law. In fixing the amount, the court is required in every case to have regard to the workman's or the dependent's necessities. APPENDIX XIX. DENMARK. Date of enactment. — January 7, 1898, in effect January 15, 1899! amended May 15, 1903. Injuries compensated. · All injuries by accident occasioned by the trade or its conditions, and causing either death or disability lasting over thirteen weeks, unless brought on intentionally or through gross negligence of the victim. Industries covered. - Practically all establishments in mining, quarrying, manufactures, building and engineering work, transportation, telephone and telegraph services, diving and salvage; establishments using mechanical power which makes them subject to factory inspection; other industrial establishments designated by the minister of interior. Persons compensated. All workmen in mechanical and technical departments, including those in supervisory capacity whose annual earnings do not exceed 2,400 crowns ($643.20). Government employes. - Act applies to all employes of state and the communal governments in industries above indicated. Burden of payment. - Entire burden of payment rests upon employer. (a) Funeral benefit of 50 crowns ($13.40). (b) A lump sum equal to four times annual earnings of deceased, but not over 3,200 crowns ($857.60) nor less than 1,200 crowns ($321.60), to Widow, whole amount, if she survives. Child, whole amount, if it be the only heir. Children, according to decision of insurance council, when there is no widow. If neither widow nor children, insurance council decides whether and how far other heirs receive compensation. Compensation for disability: (a) From end of thirteenth week after accident until end of treat- Revision of compensation. — Determination of degree of permanent disability must be made as soon as possible after one year from date of injury. If this be not possible, a temporary determination may be made, but a redetermination may be demanded within two years following. Insurance. - Employers may transfer obligation imposed by the law, by insuring their employes in authorized insurance companies or mutual employers' insurance associations. Security of payments. Where liability under the law has not been transferred by insurance, indemnity for disability is a preferred claim upon assets of employer. Settlement of disputes. — Disputes concerning compensation, unless settled by mutual consent, must be referred to insurance council. Appeals may be had to the minister of interior. |