the injured person, whether it is being paid weekly or monthly, the amount of payments, the period of time for which payments will be made, and the total amount to which the person is entitled. This information will be of particular value in the event that it is necessary to request an increased weekly or monthly allowance of the compensation for the purpose of subsistence while the person is in training. In a majority of cases compensation laws have a clause providing for the commutation of payments, and very often the compensation commissioners, the employer, and the injured workman reach an agreement for payment of the compensation at an increased weekly or monthly rate when the revision of payments accomplishes a good purpose.

While it is suggested that the State agents of the vocational, rehabilitation service should become familiar with the terms and provisions of the workmen's compensation act, it is not believed that they should ever assume, under any circumstances, to interpret the act. Every effort should be made to consult with the commissioners in each case where there seems to be a misunderstanding of the injured person's rights under the terms of the act.

SECOND-INJURY CASES.

The idea prevails rather generally among employers that an additional risk is run in the employment of a permanently partially disabled person. If the law requires the employer to pay compensation for a permanent total disability in the event of the loss of a second major member or any subsequent injury that would constitute a total disability, the State agent would have some difficulty in placing his rehabilitation cases in employment or in employment training. For example, a man who has lost one arm might be refused employment because, in the event of the loss of the other arm in the new employment, the employer would be responsible for a total disability.

The compensation laws of Alabama, California, Colorado, Delaware, Indiana, Michigan, Montana, Nebraska, New Jersey, Oklahoma, Pennsylvania, Tennessee, Texas, and Virginia provide that compensation is granted only for the disability caused by a particular injury without reference to previous injuries. In these States there is no occasion, therefore, for discrimination against industrially handicapped persons, but in the case of second injuries causing total disabilities, the disabled persons do not receive total disability compensation, which many people believe they should receive.

Although investigations made by the Bureau of Labor Statistics show that second injuries wherein the combined injuries would constitute a total disability case are very few in number, rehabilitation. agents are aware of the necessity for strengthening workmen's com

The above picture shows a young man who lost his right hand and all the fingers of his left hand in an ore crusher. The Compensation Commission, at the suggestion of the Rehabilitation Department, furnished him with a suitable appliance with which he is able to write a legible hand. He is now pursuing a four-year college course leading to the profession of teaching.

pensation laws for the purpose of providing a fund for second-injury cases which would eliminate any factors of discrimination in regard to employment of rehabilitation cases.

This situation has been remedied by amendments to the compensations laws in the States of Massachusetts, Minnesota, North Dakota, Ohio, Oregon, Utah, Wisconsin, and New York. These amendments provide that a person suffering a second injury shall receive from the employer or his insurance carrier compensation for only the specific or subsequent injury, and the additional compensation is paid from a general or special fund created for that purpose.

In the States mentioned above there is no occasion for discrimination by the employer against industrially handicapped persons. The question of increased compensation costs is eliminated, since the employer is charged only with the cost of the member lost in the subsequent accident. On the other hand, the injured employee receives compensation for the disability caused by the combined injuries. The difference between what the employer is required to pay and what the employee receives is paid out of the special fund.

The Wisconsin law provides a fund for the payment of compensation in second-injury cases by requiring an extra payment in all major first-injury cases. This provision reads as follows:

In each case of the loss or of the total impairment of a hand, foot, leg, or eye, the employer shall be required to pay the sum of $150 into the State treasury. The money paid into the State treasury pursuant to the foregoing subdivision, with all accrued interest, is hereby appropriated to the industrial commission for the discharge of all liability for special additional indemnity accruing under this subsection. (Subsection on second injuries.)

In other States this special fund for financing the cost of payments in second-injury cases is created by requiring the employer or his insurance carrier to pay into the State treasury $1,000 in the case of each fatal accident in which there are no dependents. Some such provision as this will eliminate all factors of discrimination in regard to the employment of disabled men.

MAINTENANCE.

In those States having compensation laws-only six States, Missouri, Arkansas, Mississippi, North Carolina, South Carolina, and Florida have no compensation law-maintenance for compensable cases while in training may be provided by amending the compensation act. A few of the State compensation acts already provide for maintenance of disabled compensable people during the training period. In some States provision is made for the payment of maintenance for all trainees (both the industrial and the otherwise groups) from the general appropriations made for rehabilitation.

T

work. In one State a special maintenance appropriation coming from general taxation provides for all trainees not able to maintain themselves.

Seven of the States cooperating with the Federal Government in the rehabilitation of persons injured in industry or otherwise provide for a maintenance allowance for subsistence of disabled persons while they are in training. The payments and periods of time for which subsistence allowances are granted are limited, provided, however, in some instances the State rehabilitation departments or the compensation commissions may grant an extension of time when in their opinion additional time is deemed necessary. The following States provide maintenance for a specified time during the period of training for physically handicapped persons.

MINNESOTA.

An amendment to the compensation act provides that persons whose injury is such as to entitle them to at least 75 weeks of compensation may, upon being certified by the division of reeducation and such certification approved by the industrial commission, receive a maximum of 25 weeks additional compensation during the period of retraining for a new occupation. Compensation under the Minnesota act is based on 663 per cent of the weekly wage, such compensation not to exceed $18 per week.

NEW JERSEY.

To provide maintenance costs during the prescribed period of training for physically handicapped persons registered with the commission (State commission for the rehabilitation of physically handicapped persons), provided that when the payment of maintenance costs is authorized by the commission it shall not exceed $10 per week, and the period during which it is paid shall not exceed 20 weeks, unless an extension of time is granted by a unanimous vote of the commission.

NEW YORK.

In the State of New York all persons undergoing vocational rehabilitation may receive maintenance for living expenses not in excess of $10 per week. (1) Compensable cases.-In compensable cases the maintenance is provided in the form of additional compensation paid out of a special fund created in the following manner: "The insurance carriers shall pay to the State treasurer for every case of injury causing death, in which there are no persons entitled to compensation, the sum of $900. The State treasurer shall be the custodian of this special fund, and the industrial commission shall direct the distribution thereof.""

(2) Noncompensable cases.-In noncompensable cases maintenance is provided during actual training not to exceed $10 per week, and the period during which it is paid "shall not exceed 20 weeks, unless an extension of time is

1 Maintenance in this connection means maintenance for living expenses, and the payments are made from the general appropriations made for the promotion of vocational rehabilitation work.

* Section 4 (11), Chapter 74, laws of 1919.

Quotations from laws of New York, chapter 760, An act

to amend the

workmen's compensation law, in relation to the maintenance of employees undergoing rehabilitation

granted by unanimous vote of the commission" (advisory commission for the rehabilitation of handicapped persons).

NORTH CAROLINA.

North Carolina has a special appropriation for the maintenance of persons taking rehabilitation courses who have no means of supporting themselves. The law provides for a maximum of $10 per week, covering a period of 20 weeks. The appropriation comes from general taxation.

PENNSYLVANIA.

To provide maintenance costs during the prescribed period of training for physically handicapped persons registered with the chief of the bureau: Providing, That when the payment of maintenance costs is authorized by the chief of the bureau, with the approval of the governor, it shall not exceed $15 per week, and the period during which it is paid shall not exceed 20 weeks, unless an extension of time is granted by the commissioner; said payments to be made by the State treasurer on the warrant of the auditor general on requisition of the commissioner of labor and industry."

WISCONSIN.

In the State of Wisconsin all persons undergoing vocational rehabilitation may receive maintenance for living expenses.

(1) Compensable cases.-In compensable cases maintenance for living expenses not in excess of $10 per week, nor for a period in excess of 20 weeks, may be paid in addition to compensation, provided the disabled person begins a course of instruction within 60 days from the date of recovery from injury, or as soon as the State board for vocational education shall provide opportunity for his rehabilitation; and further provided that he continue in training with reasonable regularity as health and situation permit.'

(2) Noncompensable cases.-In noncompensable cases maintenance for living expenses is provided during actual training, not to exceed $20 per week, for a period not in excess of 20 weeks, unless an extension of time is granted by unanimous vote of the board.8 (State board of vocational education).

WYOMING.

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This State has a special appropriation of $90,000 for an indefinite period covering maintenance for any disabled persons taking courses in vocational rehabilitation. This provides for a maximum of $10 per week for a period of 40 weeks.

• Maintenance for noncompensable cases is provided in the rehabilitation act and is paid from the State appropriation for administering said act.

Maintenance in this connection means maintenance of the rehabilitation program and includes maintenance for living expenses, tuition, instructional supplies, and other legitimate expenses.

* Section (i) of the rehabilitation act of Pennsylvania No. 418, of July 18, 1919, and industrial rehabilitation act of 1921.

Amendment to State compensation act.

Provisions of State rehabilitation act.

Surplus of the fund raised by general taxation to be used for the administration of the compensation law.