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SENATE BILL 582 (CARR-1919)

CHAPTER 471, STATUTES OF 1919

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As enacted, Senate Bill 582 amended various sections of the “workmen’s compensation, insurance and safety act of 1917,” and added a new section 46½ to the act, “relating to the issuance of injunctions by the superior court to enforce safety measures in places of employment.”  (See Exhibit #1e)  On January 24, 1919 Senator William J. Carr introduced the bill.  (See Exhibit #1a)  While before the Legislature, Senate Bill 582 was considered by the Senate Committee on Judiciary and the Assembly Committee on Judiciary.  (See Exhibit #2)  There were three amendments proposed for this bill as it was considered by the Legislature.  (See Exhibits #1b through #1d)  Senate Bill 582 was approved by the Legislature on April 22, 1919, signed by the Governor on May 22, 1919, and designated as Chapter 471 of the Statutes of 1919.  (See Exhibits #1e and #2)

 

The California State Federation of Labor apparently introduced the amendments to the workmen’s compensation system proposed by Senate Bill 582.  (See Exhibit #4, page 9)  The Industrial Accident Commission supported the amendments and “did everything possible to secure their enactment into legislation.”  (Id.)  The Report on Labor Legislation and Labor Record of Senators and Assemblymen lists the following among the more important amendments of Senate Bill 582:

 

 

            Where an employee is under sixteen years of age the presumption shall be conclusive that an injury sustained in employment was not caused by willful misconduct; the general superintendent is made responsible for the corporation, as well as the executive or managing officer, if willful misconduct is charged against the employer.

            Non-resident aliens are not required to prove their dependency and cannot be conclusively presumed to be dependent, as in the case of a wife dependent upon her husband’s earnings.

            Applications for adjustment of controversies may be filed by the attorney or other representative of an injured employee, if authorized to do so in writing.

            A lien against compensation will be permitted for the support of dependents as well as for the living expenses of the employee.

            An entirely new section has been adopted to enable proceedings against the third party who may cause the death or injury of an employee.

            A new section provides for the issuance of an injunction if a place of employment shall constitute a serious menace to employees, and the Commission is authorized to tag dangerous machinery, and its use is prohibited until the tag is removed by an authorized representative of the Commission.

(See Exhibit #4, pages 9 and 10)