would include them, and wherever limited elsewhere in the statute the term is limited always by including such general classes, although perhaps excluding others. As a health measure, it is certainly as necessary for soda water clerks as for more highly trained employees. The application generally of the section is made clear enough by the added last sentence. Provisions of the Labor Law and other statutes would not apply to any matter with which section 236 professes to deal. Dated May 5, 1914. THOMAS CARMODY, Attorney-General. TO HON. JAMES M. LYNCH, Commissioner of Labor. WORKMEN'S COMPENSATION LAW (a) Workmen's Compensation Law Protects Only Such State and Municipal Employees As Are Engaged in Occupations Specified in the Act and Which Are Conducted for Pecuniary Gain The Workmen's Compensation Law, in its application to the State, its municipal corporations and other political subdivisions thereof, comprehends only those hazardous employments classified in section 2 of the law. 66 The restriction of the term employment," as defined in the act, is applicable to the State, its municipalities and other political subdivisions. INQUIRIES From the Chairman of the State Workmen's Compensation Commission: "What was the effect of the amendment to the Workmen's Compensation Act by chapter 316 of the Laws of 1914, to subdivision 3 of section 3 of such act, striking out the exclusion of the State, a municipal corporation or other political subdivision, and substituting therefor their inclusion? "Specifically, what employees of the State and its political subdivisions are in your opinion covered, that is, whether all employees, or only such as are engaged in the hazardous employments set forth in section 2 of the Act? "Also, specifically, whether the provision of subdivision 5 of section 3 applies, limiting employment to a trade, business or occupation carried on by the employer for pecuniary gain?'" OPINION When the Workmen's Compensation Law was enacted in 1913 by chapter 816 of the Laws of that year it contained as a definition the following: 46 Employer," except when otherwise expressly stated, means a person, partnership, association, corporation, and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association or corporation, employing workmen in hazardous employments; but does not include the state or a municipal corporation or other political subdivision thereof. By chapter 316 of the Laws of 1914, this definition was amended to read as follows: Employer," except when otherwise expressly stated, means a person, partnership, association, corporation, and the legal representatives of a deceased employer, or the receiver or trustee of a person, partnership, association or corporation, employing workmen in hazardous employments including the state and a municipal corporation or other political subdivision thereof. The effect of this amendment was to do away with the provision contained in the original enactment excepting the State, its municipalities and other political subdivisions from the operation of the law, and to substitute therefor a definition expressly including them in the act as amended. There was, however, nowhere any provision increasing the liability of the State or its municipalities or other political subdivision beyond that provided as to private corporations and individuals. The State and its political subdivisions were brought within the same class as other employers previously made liable. It therefore follows that all the provisions of the act are applicable to the State and its political subdivisions. There is no liability created as against the State or its political subdivisions except that created by section 2 of the act as to hazardous employments therein in detail classified. The term " employment," defined in subdivision 5 of section 3 as follows: "Employment" includes employment only in a trade business or occupation carried on by the employer for pecuniary gain. is applicable to the State, its municipalities and political subdivisions. It may very properly be urged that there are not many occupations carried on by the State, its municipalities, and political subdivisions, for pecuniary gain, but only so far as there are such occupations has the statute included the State and its political subdivisions within its provisions. There is no liability created by this act except by virtue of its provisions, and it cannot logically be urged that a statute which expressly limits its application to certain employments can be extended to include other employments. When by the amendment of 1914 the State and its political subdivisions were included within the definition of "employer," no greater or different liability was imposed than that provided by the statute itself as to employers in general. When the Legislature placed these governmental agencies within the duties and liabilities of the law it cannot be said to have thereby extended the measure of their obligations beyond such duties and liabilities. Dated June 9, 1914. THOMAS CARMODY, TO HON. ROBERT E. DOWLING, Chairman, State Workmen's Compensation Commission, 1 Madison Avenue, New York City. The Attorney-General has been frequently called upon to construe the application of the preceding opinion to various State undertakings. He has taken the position in various communications addressed to State officers that the Workmen's Compensation Law does not apply to persons employed directly by the State in the State Highway Department, Palisades Park, and the State Hospitals. He has also said that persons cared for by the State Commission for the Blind and employed directly by that commission are not entitled to the benefits of the act. He has also held that the State is not liable for compensation in connection with the Canascraga creek improvement. (b) Employees of Municipal Water Departments Are Not Protected by the Compensation Law December 4, 1914. HION. JEREMIAH F. CONNOR, Counsel, State Workmen's Compensation Commission, 1 Madison Ave., New York City: DEAR MR. CONNOR.- Receipt is acknowledged of your letter of November 30th. It is the opinion of this office that water departments of cities are not carried on for the purpose of pecuniary gain, whatever the result may be in some cases. Their purposes could never be justified under the law of this State upon the ground that they are money-making or money-saving con cerns. It is therefore my opinion that employees of such departments are not protected by the provisions of the Workmen's Compensation Law. Yours very truly, By E. G. GRIFFIN. THOMAS CARMODY, Attorney-General. (c) Application of Compensation Law to Agricultural Societies September 2, 1914. HON. CALVIN J. HUSON, Commissioner of Agriculture, Albany, N. Y.: DEAR SIR.- In pursuance to a conversation had with Mr. Power of your department this morning as to the responsibility of agricultural societies under the Compensation Act, beg to say in the first place I still insist that this is a question that should be passed upon by the counsel for the Compensation Commission, as I believe it is part of the duty of the Compensation Commission to determine whether a given employment goes under the act or not. However, I have no objections to giving you my views of this matter, although it is not a formal opinion, as a formal opinion could not be prepared within the time which you mention. An agricultural society is not within the provisions of the Compensation Act when it is simply performing the ordinary function of conducting the agricultural exhibition. What I mean by that is the business which it is necessary to transact to conduct its exhibition, such as clerk hire, ticket selling and such things. On the other hand, I believe that where an agricultural society engages in any of the occupations that are listed in the act as hazardous it is within the provisions of the Compensation Act. What I mean by that is this: Very frequently the agricultural societies have to con struct buildings, make repairs upon the same and do any number of acts along that line which, it seems to me, so far as those acts are concerned, would bring them within the provisions of the Compensation Act, as most all agricultural societies are incorporated under the provisions of a membership Corporation Law, and I cannot see any reason why they are not within the provisions when performing any of the acts that are listed in the statute as hazardous. Yours truly, By JAMES A. PARSONS, Deputy Attorney-General THOMAS CARMODY, INDEX TO LAWS RELATING TO LABOR ABANDONMENT of mines or quarries, notice... Accidents, deaths or injuries, building work, records and reports. mines, tunnels and quarries, commissioner of labor's reports. guarding of dangerous machinery.. records and reports relief measures prevention, employers' associations industrial board may make rules. museum and school manual railroads, bail for employees.. report to public service commissions. statistics, division of department of labor. PAGE 86 20 204 .119, 194 185 115 209 58 63 72 185 227 84 92 86 94 206 25 32 256 251 31 35 297 23 25 107 171 37 171 105 264 250 249 247 90 Advertisements, employment offices, public, commissioner of labor's powers.. false or misleading, employment agencies, private.... Affidavits, commissioner of labor and subordinates may take. industrial board and secretary may take..... 88, 96 tenement houses Aliens, apprenticeship bureau of industries and immigration, provisions governing. education, co-operation of school authorities and industries and immigra- ...... employees, compensation for injury or death, commutation.. moving picture machines in New York city, not to operate. peace officers, special, not to be..... public works, employment prohibited. prosecutions steam boilers in New York city, not to operate. vessel pilots, engineers or masters, not to be... 88 129 61 75 262 98 98 193 274 288 16 21 276 271 |