Wisconsin RHODE ISLAND The parties may agree upon the compensation to be paid, but the agreement must be approved by a justice of the Superior Court. Art. III, § 1. TEXAS Agreements as to compensation may be made between the parties themselves. Part II, § 5. WASHINGTON Claims against the State Insurance fund are determined by the Industrial Accident Commission. WEST VIRGINIA Claims against the State Insurance fund are determined by the Public Service Commission. WISCONSIN The parties may settle claims in relation to compensation, but all such agreements may be reviewed, set aside, modified or affirmed by the Industrial Commission upon application made within one year from the time the agreement is accepted. §§ 2394-15. The court may order the amount of compensation paid in one lump sum. § 75. Most of the statutes contain specific provisions relating to present lump-sum payments in full settlement of any claim for compensation. Each statute must be consulted. The decisions below will be found useful in applying the principles underlying such lump-sum payments. In arriving at a lump-sum to be paid the court should not take the actual value of the compensation based on the man's age and his expectancy of life, but upon a business footing as between employer and employé. Grant & Aldcroft v. Conroy (1904), 6 W. C. C. 153. A workman in receipt of maximum compensation of 17s. 3d. per week, agreed with his employers to receive the sum of £175 to redeem the liability. The judge refused to allow the agreement to be registered, but this decision was overruled on appeal and the agreement was ordered to be Illinois CALIFORNIA Commutation of the entire amount of compensation may be ordered by the Commission when it is determined to be for the best interests of either party. § 23. Or all future payments may be ordered to be deposited in a savings bank or trust company. § 23. CONNECTICUT All future payments may be commuted in a single lump sum by order of the Commissioner. Part B, § 28. ILLINOIS All future payments may be commuted to a lump sum by order of the Industrial Board. § 9. Any employer may be relieved of further liability by depositing the value of future payments in accordance with the direction of the Industrial Board. § 25. recorded. O'Neill v. The Anglo-American Oil Co. (1909), 2 B. W. C. C. 434. A workman sustained injuries in the course of his employment, whereby he lost his arm. The employer paid compensation for six months and then applied to have the payments redeemed by payment of a lump sum. The arbitrator, without inquiring as to the workman's capacity for work, fixed the amount of the lump-sum on the basis of permanent incapacity, and it was held on appeal that the arbitrator had not exceeded his jurisdiction. National Telephone Co. v. Smith (1909), 46 Scotch L. R. 988; 2 B. W. C. C. 417. Where the employers' right to redeem part of the payment of a lumpsum is absolute under the statute, the Judge to whom the application is made should provide for investing the sum for the benefit of the workman where, in his opinion, it would not be for the benefit of the workman to have so large a sum paid to him at once. Kendall & Gent v. Pennington (1912), 5 B. W. C. C. 335. Massachusetts IOWA All future payments may be commuted to a lump sum by order of any judge of the District Court for the county in which the accident occurred. § 15. KANSAS The amount of all future payments may be commuted to a lump sum in death cases. § 14. Where payments have been continued for not less than six months all future payments may be commuted to one lump by agreement of the parties, or by application to a judge of the District Court. § 33. MARYLAND The question of whether or not the amount is to be paid in a lump sum or in weekly payments depends upon the original contract in relation to compensation, which the employer is authorized to make under the Act. § 5 (c). MASSACHUSETTS1 Whenever any weekly payment has been continued for not less than six months the remainder of the compensation may, in unusual cases, be redeemed by the payment of a lump sum subject to the approval of the Industrial Accident Board. Part III, § 22. 1 The Board has ruled that it has no authority to approve the payment of compensation in a lump-sum in any case where the weekly payment has been continued for not less than six months and that only in unusual cases may the payment of a lump-sum be made after six months in lieu of weekly payments. Bulletin No. 2, Mass. Ind. Acc. Bd., Jan. 1913, p. 12. The right of a widow to compensation is entirely separate from that of her husband and the signing of a release at common law by him prior to his death does not operate to deprive her of her claim for compensation under the Massachusetts Act. Cripps v. Aetna Life Ins. Co., Mass. Indus. Acc. Bd., (Appeal pending to Supreme Judicial Court). Nevada MICHIGAN Whenever any weekly payment has been continued for not less than six months the balance of the compensation may be redeemed by payment of a lump sum by agreement of the Industrial Accident Board, and in certain cases the Board may direct that all deferred payments be commuted to the present worth thereof. Part II, § 22. MINNESOTA Future payments may be commuted to a lump sum by agreement of the parties, approved by the court, except that compensation due for death or permanent total disability or for permanent partial disability, resulting from the loss of an arm, or a hand, or a foot, or a leg, or an eye, can be commuted only with the consent of the District Court. Part II, § 25. The employer may deposit the entire amount due with a trustee and thereby be discharged of any further liability. Part II, § 28. NEBRASKA All future payments may be commuted to one lump sum by agreement of the parties except compensation due for death and permanent disability which may be commuted. only with the consent of the District Court. Part II, § 40. The employer may pay the entire amount of any future compensation payments to a trustee who may be discharged under certain circumstances. Part II, § 43. NEVADA All future payments may be commuted to a lump sum by order of the Industrial Commission. § 31. |