L. 1912, 2d Sess.,

Art. 14, § 15.

California

from earning full wages at the work at which he was employed, at the time of the injury, and

"PROVIDED, Further, that the employer shall not be liable under this chapter in case the employé refuses to settle for such compensation and retains his right to sue as provided in the fourth section of this Chapter."

"§ 79. Any employer employing workmen to perform labor or services of other kinds than as defined in this Chapter, and such workmen and employés may, by agreement, at any time. during the employment, accept and adopt the provisions of this Chapter as to liability for accident, compensation, and the methods and means of paying and securing and enforcing the same. And in every such case the provisions of this Chapter shall be taken in law and fact to bind the parties as fully as if they were specifically mentioned and embraced in the provisions of this Chapter."

CALIFORNIA

The California Act in its compulsory feature includes all employers of labor except "any person whose employment is both casual and not in the usual course of the trade, business, profession or occupation of his employer, and also excluding any employé engaged in farm, dairy, agricultural, viticultural or horticultural labor, in stock or poultry raising or in household domestic service." § 14, Act of 1913.

Employers and employés not included in §§ 13 and 14 may by their joint election adopt the compensation principle. § 87. See Chapter IV for provisions as to manner of electing to come under the Act.

The provision of the Act of 1913, which specifies the employers and employés who are brought within its terms, are contained in §§ 13 and 14 which read as follows:

"§ 13. The term 'employer' as used in sections twelve

1 This refers to § 68 of the Act of 1913. It was § 4 in the Act of 1912.

Connecticut

to thirty-five, inclusive, of this act shall be construed to mean: The state, and each county, city and county, city, school district and all public corporations therein, and every person, firm, voluntary association, and private corporation, (including any public service corporation) who has any person in service under any appointment or contract of hire, or apprenticeship, express or implied, oral or written, and the legal representatives of any deceased employer.

"§ 14. The term 'employé' as used in sections twelve to thirty-five, inclusive, of this act shall be construed to mean: Every person in the service of an employer as defined by section thirteen hereof under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including aliens and also including minors, but excluding any person whose employment is both casual and not in the usual course of the trade, business, profession or occupation of his employer, and also excluding any employé engaged in farm, dairy, agricultural, viticultural or horticultural labor, in stock or poultry raising or in household domestic service."

Under the Roseberry Act of 1911 it was held that employés of the State were not protected as the Act did not apply to the State. Miller v. State of California, California Industrial Accident Board, March 6, 1912; aff'd by the Supreme Court of California; Miller v. Pillsbury, 000 Cal. 000; 128 Pac. R. 327. The amended act, however, specifically includes public employés.

As to who are casual employés see ante, page 136. The California Act follows the British Statute and excludes only such casual employés as are not engaged in the course of the employer's trade, business, profession or occupation. Casual employés who are engaged in the employer's trade, etc., are entitled to compensation. See ante, page 136.

CONNECTICUT

Prima facie, all employers and all employés are brought within the terms of the Compensation Act by presumptive election. Part B, § 2.

Connecticut

Any employer or employé may elect not to adopt the compensation principle by taking the proceedings which are specified in Chapter IV.

Most of the compensation acts provide that certain classes of employés, such as domestic servants, farm laborers and casual employés are not brought within the terms of such acts at all, except in certain instances, by an affirmative election on the part of the employer or the employé, or both. The Connecticut Act differs in this respect from most of the other compensation statutes. All classes of employés of every nature whatsoever are brought within the compensation principle unless the employer or the employé takes some affirmative steps to indicate his election to the contrary, or the contract of employment contains such a stipulation. As to certain classes of employers and employés penalties are attached if an election is made not to adopt the compensation principle, and as to certain other classes no penalty is attached, if either employer or employé so elects. This special exception applies to employers having regularly less than five employés, to casual employés and to outworkers. Part A, §2. In other words, all employés are brought within the terms of the Act in the first instance. Then if employers having regularly less than five employés, or employers of casual employés, or employers of outworkers, desire to elect not to adopt the compensation principle they must take the steps. which are specified in Chapter IV to indicate such an election, unless the contract of employment specifically so stipulates. "When any principal employer procures any work to be done, wholly or in part for him, by a contractor, or through him by a sub-contractor, and the work so procured to be done is a part or process in the trade or business of such principal employer, and is performed in, on, or about premises under his control, then such principal employer shall be liable to pay all compensation under this Act to the same extent as if the work were done without the intervention of such contractor or subcontractor." Part B, § 5.

Illinois

It should be remembered that employers are not completely under the Compensation Act, so as to be in a position to limit the recovery of their employés to the amounts specified in the Act until they have complied with Part B, § 30, in relation to assuring compensation payments. Part B, § 42.

"This act shall not affect the liability of employers or employés engaged in interstate or foreign commerce, for death or injury in case the laws of the United States provide for compensation or for liability for such death or injury." Part B, § 40.

"Part B, § 33. Obligations not to be Evaded. No contract, expressed or implied, no rule, regulation, or other devise, shall in any manner relieve any employer, in whole or in part, of any obligation created by this act, except as herein set forth."

ILLINOIS

Employments are classed as "extra hazardous" and "all other" employments. The definition as to the employments which are extra hazardous is rather uncertain and unsatisfactory. The statute specifies certain particular occupations which come within the terms thereof and then provides that it shall apply "In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances, or for the protection and safeguarding of the employés or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra-hazardous." § 3 (b) subd. 8.1

1 Manifestly it would be impracticable to get together all the municipal ordinances or regulations of the various cities, towns and villages of Illinois which might be included in the section quoted in the text. This section of the Illinois law has introduced an element of uncertainty which is unfortunate. Many employers will never be able to determine in advance of litigation whether or not they are under the statute.

Illinois

Those outside the extra hazardous class may elect to adopt the compensation principle.

The following are the statutory provisions:

"§ 3. (a) In any action to recover damages against an employer, engaged in any of the occupations, enterprises or businesses enumerated in paragraph (b) of this section, who shall elect not to provide and pay compensation to any employé, according to the provisions of this Act, it shall not be a defense, that: First, the employé assumed the risks of the employment; second, the injury or death was caused in whole or in part by the negligence of a fellow-servant; or third, the injury or death was proximately caused by the contributory negligence of the employé.

"(b) The provisions of paragraph (a) of this section shall only apply to an employer engaged in any of the following occupations, enterprises or businesses, namely:

"1. The building, maintaining, repairing or demolishing of any structure;

"2. Construction, excavating or electrical work;

"3. Carriage by land or water and loading and unloading in connection therewith;

'4. The operation of any warehouse or general or terminal store houses;

"5. Mining, surface mining or quarrying;

"6. Any enterprise in which explosive materials are manufactured, handled or used in dangerous quantities;

"7. In any enterprise wherein molten metal, or explosive or injurious gases or vapors, or inflammable vapors or fluids, or corrosive acids, are manufactured, used, generated, stored or conveyed in dangerous quantities;

"8. In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances, or for the protection and safeguarding of the employés or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra-hazardous.

"§ 4. The term 'employer' as used in this Act shall be construed to be: