The interrelation of these important developments in social legislation ought to bring all of those who are interested as practical administrators into closer touch throughout the year with organizations of public-spirited citizens who are interested in sound legislation efficiently enforced. Information should be made available in a true cooperative spirit in order that future legislative action may be determined by the best practical experience and solely in the interest of the general welfare. Chairman FOSTER. Doctor Andrews, I think I voice the sentiment of the meeting in expressing to you our appreciation for your splendid talk. I think you have made it very clear to us that there is a conscious effort directed toward the completion of the circle of compensation and rehabilitation. There is no question about it, maintenance is one of our serious problems in carrying out the rehabilitation program. We are now going to hear from Mr. R. D. Thompson, of Georgia, on "Reporting cases." Mr. Thompson. REPORTING CASES R. D. THOMPSON, District Supervisor of Rehabilitation, This topic is perhaps the easiest one to treat on the entire program. All that is required is a list of the means used by the various States in securing reports of disabled persons. Mr. Zinn will come in on the difficult part when he begins to discuss the merits or disadvan tages of the plans here listed. In collecting the information the following States were requested to send to me a list of the plans they use: Wisconsin, Minnesota, Ohio, Michigan, Pennsylvania, Virginia, North Carolina, Alabama, Arkansas, and Georgia. These were selected at random, there being no particular reason for choosing any certain State. Of the 10 in question, all except 2 (North Carolina and Arkansas) have industrial compensation commissions from whom reports on amputations, eye disabilities, and other injuries are received. In most States all cases where the least amount of compensation is awarded are reported. The rehabilitation department of Michigan is represented on the industrial commission by a worker, half of whose salary is paid by the rehabilitation section. In Pennsylvania both the rehabilitation section and the compensation commission are parts of the State department of labor and industry. The closest cooperation between rehabilitation and commission sections is desired and is ordered by law in most States. In Minnesota there exists a railroad and warehouse commission, which handles disabilities occurring in certain particular industries. Most all of the States make use of small pamphlets describing the work. These are distributed in letters, through schools, welfare societies, civic clubs, and the like. Many cases are reported through this medium. Some States tack up large cardboard posters in post offices, courthouses, school buildings, and other public places, asking disabled persons to get in touch with the rehabilitation department. Alabama had a blank placed in the back of each school census book last year under the signature of the State school superintendent and each census enumerator was asked to record the names of all persons who came under his observation who might be eligible for rehabilitation service. The names of 3,000 persons were secured, over 300 of whom were fit cases. Various State departments, such as the department for the blind, for the deaf, for the tuberculous, and the State hospitals for crippled children report thousands of cases. Another group represented by the postmasters, the county school superintendents, school teachers, and representatives of public and private hospitals, Red Cross units, and welfare societies, provides many cases for all of the States. The civic clubs may also be classed in this category. Some States publish articles in the newspapers that bring good results. Many reports of public accidents are secured through this medium, resulting in numerous cases for rehabilitation. Virginia has formed the habit of publishing articles in most of the State papers at regular intervals of one month. There are probably other States that do this. Ohio makes use of the Amputation Bulletin, published by the Ohio News Bureau Co., which covers accidents in Ohio and surrounding States resulting in the loss of arm or leg. Both Virginia and Alabama have used movie films to great advantage in securing cases. The last means of securing cases that I shall mention is through orthopedic clinics, conducted in some States by the public health department, in others by the rehabilitation department, and in still others by various civic organizations. Virginia has conducted such clinics in 20 different centers with amazing results. North Carolina is now considering following in Virginia's footsteps. By way of summary, we find that practically all of our States get reports of cases through some or all of the following sources: Industrial compensation commissions. Distribution of small pamphlets describing the work. Other State departments (for the blind, crippled, etc.). Newspaper articles published by the rehabilitation depart ments. Newspaper reports of accidents. Showing of movie films. Chairman FOSTER. At this time I want to introduce a speaker who is not included in our program here, but one who I am quite sure we shall be very glad, indeed, to hear. Mr. Auel, president of the National Safety Congress, is with us and will speak to us for a few minutes. Mr. Auel. STATE REGISTRATION OF DISABLED WORKERS C. B. AUEL, President, National Safety Council Mr. Chairman, ladies, and gentlemen: It is mighty good of you to permit me to interject myself into your program in this way, and I will take but just a moment of your time. I want to place before you a proposition, and if you consider it favorably, might I urge that you perhaps discuss it at some convenient date in the near future, and if you feel as I do, perhaps you will aid in propaganda work and push it in the various States. Not to take up any more of your time, I will, with your permission, just read a few words I have set down. The idea is not new. It is already in process of development in Wisconsin and perhaps in some other States, but I do not believe the idea has been carried, as yet, as far as I have in mind. With the aid of the department of labor and industry of Pennsylvania, I have been formulating this, and I hope to have their backing in our own State. The States are constantly asking employers to enroll workers who are more or less incapacitated, either by injury or disease. And I think many employers try to help out in this respect, but many are deterred, fearing the extra hazard involved. However, if all such workers were to be insured by the State, in the event of further injury, the present fear would be dispelled. A law of this kind could be specific with respect to certain defects about which there could be no doubt, such as blindness and deafness, those with one eye, one arm, one leg, etc. All such persons would have to be passed upon by the department of labor or the equivalent, and duly registered. Then when applying for a job they could present their registration card to their employer and he would at once see that in the event of their being so unfortunate as to be further injured the State agrees to assume their compensation. In addition to the preceding where the law would not be specific but would allow latitude to the department administering it, which latitude would only be developed as the department felt that the moneys, etc., back of it would permit other defects which were not so specific, could be included in the law, as, for example, epileptics and I would hope, taking a long look ahead that we might even be able to include cases of venereal disease and tubercular people as well, but only after experience had indicated that any funds still available would be sufficient to enlarge its scope. Thank you very kindly, indeed. Chairman FOSTER. We are very glad to have Mr. Auel's suggestion. I am going to leave it in its present form, Mr. Auel, and put it before the business meeting on Thursday afternoon. Mr. R. J. Jarnagin of Buffalo will now talk to us on "Lump sum settlements." Mr. Jarnagin. LUMP-SUM SETTLEMENTS RUFUS JARNAGIN, District Director of Rehabilitation, Buffalo, N. Y. The primary intent of compensation legislation is that compensation shall be paid in the same manner as and in lieu of wages. Commutation of this compensation in the form of a lump sum is a deviation from this fundamental principle. These statements may be accepted as truisms. It is only on this basis that we may proceed with discussion of the exceptional conditions and circumstances which warrant awards of compensation in lump sums. Such an award or deviation from the fundamental principle of the law can be justified only when it is clearly in the interest of justice; only when such act can reasonably be expected to aid in the physical, social, or vocational rehabilitation of the industrial cripple, not otherwise. To duly authorized representatives of the bureau of workmen's compensation or State industrial commission is delegated authority to determine the merit of these applications for lump sums. Their interests are human but the task is largely of a fiscal nature. Frequently adequate facilities for proper investigation into the merits of the application are lacking. Without adequate investigation and report in advance of formal hearing the State officer authorized to make decision is seriously handicapped. In common with courts of every jurisdiction, action must be taken not so much in accordance with the actual facts as in accord with the manner in which they are presented. To illustrate, a claimant with a glib tongue thoroughly familiar with the law or represented by an unscrupulous lawyer, interested only in securing a fee, can ordinarily and without great difficulty present a most plausible story warranting award of lump sum, and immediately proceed to dissipate the same, ultimately becoming a public charge. On the contrary some most justifiable application may be disallowed, because of lack of knowledge of our ways, our language, our laws, or the proper method of presenting a claim. In the 39 States having compensation laws where State bureaus of rehabilitation have been established there is an unusual opportunity for our bureaus to render a most constructive economic and social service through cooperating with the State industrial commission or corresponding agency by investigating and reporting on these applications for lump sums. Lump sums are not usually requested except in serious disability cases. You should have a record of all these cases. You are interested not alone in the fiscal or financial adjustment of this man's compensation but in his whole rehabilitation program-fiscal, economic, social, and educational. You are interested in his family circumstances, his educational background, his previous experience, his qualifications, his limitations— physical, mental, and moral-and his intelligence. Presumably you have acquired a knowledge of his ability to handle any considerable amount of money by virtue of your many contacts with him and his family after a fashion that no other agency of the State government is in position to acquire. In many cases the type of constructive service you purpose to render the physicially handicapped through your rehabilitation program is contingent entirely upon whether or not a lump sum is granted. In other cases, it is a most important factor in aiding you to return him to remunerative employment or to keep him in reasonably permanent employment. Through close cooperation with your State industrial commission by conference and otherwise, this work will aid your rehabilitation efforts in ways never thought of before. In so far as industrial cripples are concerned we are confronted with the fact that compensation and rehabilitation are so interrelated that we can not separate them if we would. There should be no wish to do so. There is no need to do so. Closer cooperation between those agencies charged with the administration of the com'pensation and rehabilitation laws in every individual case will inevitably lead to a more effective administration of not one but of both laws. More particularly is this true in cases where lump sums are involved than where they are not. As a broad general principle it may be fairly stated that to the extent that you assist 'and cooperate with your State bureau of workmen's compensation they will be helpful to you. Except in the cases of widows and orphans the complexities of lump-sum settlements and an effective rehabilitation program are so interwoven that action should be determined only after con |