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PART I

Introduction and Recommendations

"Personal caution is the greatest of all means of preventing accidents.

Accidents are preventable only as the seed of caution is sown,

and men act in a safe way.

Every accident is an indication that something was wrong either with men, methods, or materials."

"Better be safe than sorry."

INTRODUCTORY AND RECOMMENDATIONS

In Part II of the report of the Chief Deputy Compensation Commissioner a review of the Nebraska Compensation Law is given. In this review attention is called to the much needed amendments made by the legislature in 1917. While the changes were salutary and undoubtedly increased the efficiency of the operation of the law, there are, however, other amendments which are necessary to insure still greater efficiency in carrying out the requirements of the law.

By far the greatest number of accidents occur in Omaha and Lincoln, with Omaha far in the lead owing to its greater size and greater number of manufacturing establishments it has. When cases are tried in Omaha the Commissioner is compelled to rustle an office each time where hearings may be heard, and to send out special notices to the interested parties to this effect.

Not only so, but the settlement of most accidents is brought about without a hearing. This is done by getting the employer, the adjustor for the insurance company, and employee together, either by having them come to the office or by using the telephone, or writing. At present there is no regular office in Omaha where this can be done. There is not a day passes that the need for an established office at Omaha is not felt. A provision in the law needs changing so as to expedite settlements. In 3693, Sec. 29-G, Laws of Nebraska 1917, the law says: "Every order and award of the Compensation Commissioner shall be binding upon each party at interest unless notice of intention to appeal to the District Court has been filed with the Compensation Commissioner within seven days following the date of rendition of the order or award; Provided, that the order and award shall be binding and final, notwithstanding notice of intention to appeal has been filed within the time limit, until the appeal has been perfected and service had upon the opposite party or parties." In order that all danger of delay may be obviated the law should be amended requiring a definite time for the District Court to perfect an appeal. Such a requirement is made for an appeal to the Supreme Court and the same requirement should be made for the District Court.

Again, there has been considerable annoyance occasioned by the disparity of the fees charged for medical or surgical services by the various doctors. It would be better to follow the example of some of the other states and establish a schedule by law of fees that shall be charged for any specific kind of injury.

Another source of trouble in the settlement of compensation cases is the matter of hernial injuries. There are three kinds of hernia: Traumatic Hernia, hernia caused by a sudden blow on the abdomen; Force of Effort Hernia, hernia caused by strain, twist or effort; Congential Hernia, hernia caused by the neglect of nature to close one or

more of the hernial orifices. It is difficult to establish which one of the three kinds of hernia an applicant for compensation may have. So important is the decision in this matter that the compensation law should contain a special provision for hernial cases.

Perhaps the chief hindrance to efficiency in carrying out the provisions of the compensation law is the limited means at our command. Only $2,500.00 for the biennium were appropriated for this work. All expenses such as printing, office equipment, postage, traveling expenses, clerk hire, etc., must come out of this sum. No regular clerk is provided for the Chief Deputy Compensation Commissioner, which mitigates against a continuous and orderly method of conducting the office.

The Chief Deputy Compensation Commissioner is preparing two dockets in which to keep the record of all injuries. One of these docks records all injuries that last one week or less, and all injuries lasting more than one week for which there is money compensation in addition to medical and hospital and over which there is no dispute, either on the part of the employer or employee. The other docket records all disputed cases which have been filed for hearing before the Chief Deputy Compensation Commissioner. This latter, of course, are cases lasting more than one week and therefore involve a money award. At a moment's glance one can get the history of all points covered by the law regarding compensation for injury.

There should be three competent stenographers, one to be placed in the Omaha office, and two in the Lincoln office, who are familiar with court proceedings and who are regularly employed, to take down all the hearings and keep the records up to date.

There should be two field men employed to work under the direction of the Chief Deputy Compensation Commissioner; one stationed at the Omaha office, the other at the Lincoln office.

It is therefore recommended, First, That an office be maintained at Omaha for the holding of compensation hearings, where injured employees may come at any time for consultation and advice and for the performance of such other duties as fall naturally to the settlement of compensation claims and disputes.

Second, That 3693 Sec. 29-G, Laws of Nebraska 1917, should be amended by stating that an appeal should be perfected by the District Court within thirty days after an appeal to this tribunal.

Third, That a schedule of doctors' fees for injuries should be prepared by law.

Fourth, That a special provision should be made for hernial cases. Fifth, That three competent stenographers should be provided for the Compensation Department, one for the Omaha office, and two for the Lincoln office.

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Sixth, That two field men be employed, one stationed at Omaha and the other at Lincoln.

Seventh, That owing to the increase in wages the maximum weekly compensation shall be increased per week and the minimum increased per week.

Eighth, That the salary of the Chief Deputy Compensation Commissioner be increased.

Ninth, That $20,000.00 be appropriated for the next biennium.

PART II

Workmen's Compensation Law

"If you think you are beaten, you are;

If you think you dare not, you don't;
If you'd like to win, but you think you can't
It's almost a cinch you won't;

If you think you'll lose, you're lost,

For out of the world we find

Success begins with a fellow's will—
It's all in the state of mind.

If you think you're outclassed, you are;
You've got to think high to rise,

You've got to be sure of yourself before
You even can win a prize.

Life's battles don't always go

To the stronger or faster man;

But soon or late the man who wins,

Is the one who thinks he can."

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