Sec. 2. The property situated and located in the territory here2 by transferred from Greenbrier county to Nicholas county shall 3 for the year one thousand nine hundred and twenty-one and there4 after be assessed by the proper officers of said Nicholas county for 5 the purposes of taxation and the tax levies thereon laid and col6 lected by the same officers and for the same purposes as if this act 7 had been passed and become effective prior to the first day of Jan8 uary, one thousand nine hundred and twenty-one.

2 are hereby appointed commissioners to survey, locate and mark the 3 lines designated in section one of this act, but in case of failure H. B. No. 357]

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4 or inability of one of said commissioners to act the other shall ap5 point some citizen of Nicholas county to fill the vacancy, who shall 6 have the same powers and shall receive the same compensation as 7 though directly appointed by this act. Being first duly sworn the 8 said commissioners shall proceed as soon as practicable to survey 9 and locate the said lines, and for this purpose shall employ a com10 petent surveyor, who shall run and mark such lines as they may 11 designate in accordance herewith, and who shall when the commis12 sioners cannot agree decide between them.

13 The said surveyor shall make three fair outline maps or plats 14 of said counties, showing their external boundaries as altered by 15 the provisions of this act, also three written descriptions of the 16 lines run by him under the direction of the commissioners, and 17 shall deliver the same to the commissioners, who shall deliver one 18 copy each of the maps or plats and written descriptions to the 19 county clerk of the said counties of Greenbrier and Nicholas and 20 to the secretary of state to be preserved and recorded in their re21 spective offices.

22

For their services under this act the said commissioners and sur23 veyor shall each receive the sum of six dollars per day to be paid [H. B. No. 357

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24 by the county court of said Nicholas county out of the county 25 treasury.

House Bill No. 325

(BY MR. ROWAN.)

[Introduced January 24, 1921; referred to the Committee on the Judiciary.]

A BILL to amend section thirty-one of chapter five, workmens' compensation act.

Be it enacted by the Legislature of West Virginia:

Section 1. In case of injury resulting in partial disability, 2 the employee shall receive sixty-six and two-thirds per centum of 3 the impairment of his earning capacity during the continuance 4 thereof, not to exceed a maximum of twelve dollars per week, 5 nor a greater sum in the aggregate than thirty-seven hundred and 6 fifty dollars, and such compensation shall be in addition to the 7 compensation allowed to the claimant for the period of tempo8 rary total disability resulting from such injury. In cases included 9 in the following schedule, the disability in each case shall be 10 deemed to continue for the period specified and the compensation 11 so paid for such injury shall be as specified herein, and shall be 12 in addition to the compensation allowed to the claimant for the 13 period of temporary total disability resulting from such injury, 14 to-wit:

15

For the loss of a thumb, sixty-six and two-thirds per centum of 16 the average weekly wages during sixty weeks.

17

4

[H. B. No. 325 For the loss of a first finger, commonly called index finger, 18 sixty-six and two-thirds per centum of the average wages during 19 thirty-five weeks.

20 For the loss of a second finger, sixty-six and two-thirds per 21 centum of the average weekly wages during thirty weeks. 22 For the loss of a third finger, sixty-six and two-thirds per 23 centum of the average weekly wages during twenty weeks.

24 For the loss of a fourth finger, commonly known as the little 25 finger, sixty-six and two-thirds per centum of the average wages 26 during fifteen weeks.

27

The loss of the second, or distal phalange, of the thumb shall 28 be considered to be equal to the loss of one-half of such thumb; 29 the loss of more than one-half of such shall be considered to be

30 equal to the loss of the whole thumb.

31

The loss of the third, or distal phalange, of any finger shall be 32 considered to be equal to the loss of one-third of such finger. 33

The loss of the middle, or second phalange, of any finger, shall 34 be considered to be equal to the loss of two-thirds of such 35 finger.

36 The loss of more than the middle and distal phalanges of any 37 finger shall be considered to be equal to the loss of the whole H. B. No. 325]

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38 finger; provided, however, that in no case will the amount re39 ceived for more than one finger exceed the amount provided in 40 this schedule for the loss of a hand.

41 For the loss of the metacarpal bone (bones of the palm) for 42 the corresponding thumb, finger, or fingers as above, add ten 43 weeks to the number of weeks as above.

44

For ankylosis (total stiffness of) or contractures (due to scars 45 or injuries) which makes any of the fingers, thumbs or parts of 46 either more than useless, the same number of weeks apply to such 47members or parts thereof as given above.

48 For the loss of a hand, sixty-six and two-thirds per centum of 49 the average weekly wages during one hundred and fifty weeks. 50 For the loss of an arm, sixty-six and two thirds per centum of 51 the average weekly wages during two hundred weeks.

52

For the loss of a great toe, sixty-six and two-thirds per centum 53 of the average weekly wages during thirty weeks.

54

For the loss of one of the toes other than the great toe, sixty55 six and two thirds per centum of the average weekly wages during 56 ten weeks.

57

The loss of more than two-thirds of any toe shall be considered 58 to be equal to the loss of the whole toe.

59

The loss of less than two-thirds of any toe shall be considered 60 to be no loss.

61 For the loss of a foot, sixty-six and two-thirds per centum of 62 the average weekly wages during one hundred and twenty-five 63 weeks.

64 For the loss of a leg, sixty-six and two-thirds per centum of the 65 average weekly wages during one hundred and seventy-five 66 weeks.

67

For the loss of an eye, sixty-six and two-thirds per centum of 68 the average weekly wages during one hundred weeks.

69

For the permanent partial loss of sight of an eye, sixty-six 70 and two-thirds per centum of the average weekly wages for such 71 portion of one hundred weeks as the commissioner may, in each 72 case determine, based upon the percentage of vision actually lost 73 as a result of the casualty, but in no case shall an award of com74 pensation be made for less than a twenty-five per cent loss of 75 vision.

76

The amounts specified in this clause are all subject to the 77 limitation as to the maximum weekly amount payable as herein78 after specified in this section.

H. B. No. 325]

79

80

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Benefits for Disability.

Where compensation is due an employee under the provision of 81 this act, such compensation shall be as provided in the following 82 schedule:

83 If the injury causes temporary total disability, the employee 84 shall receive during the continuance thereof sixty-six and two85 thirds per centum of his average weekly earnings, not to exceed a 86 maximum of twenty dollars per week nor to be less than a mini87 mum of eight dollars per week.

House Bill No. 326

(BY MR. ROWAN)

[Introduced January 24, 1921; referred to the Committee on the Judiciary.]

A BILL to abolish the office of state compensation commissioner and establish a state board of awards to supervise the collection and distribution of the funds collected under the workmen's compensation law.

Be it enacted by the Legislature of West Virginia:

Section 1. There is hereby created a state liability board of 2 awards, to be composed of three members, not more than two of 3 whom shall belong to the same political party, to be appointed by 4 the governor, within thirty days after the passage of this act, one

6 member for four years and one member for the term of six Vacancies shall be filled by appointment by the governor

7 years.

8 for the unexpired term.

Sec. 2. Each member of the board shall devote his entire time 2 to the duties of his office and shall not hold any position of trust 3 or profit or engage in any occupation or business interfering or 4 inconsistent with his duty as member, or serve on or under any 5 committee of any political party.

Sec. 3. Each member of the board shall receive an annual 2 salary of five thousand dollars, payable in the same manner as 3 salaries of state officers are paid.

Sec. 4. The board shall be in continuous session and open for 2 the transaction of business during all the business hours of each 3 and every day, excepting Sundays and legal holidays. All ses4 sions shall be open to the public, and shall stand and be adjourn5 ed without further notice thereof on its records. All proceed6 ings, of the board shall be shown on its records of proceeding, 6-a which shall be a public record, and shall contain a record 7 of each case considered, and the award made with respect there8 to, and all voting shall be had by the calling of each member's 9 name by the secretary and each vote shall be recorded as cast.

Sec. 5. A majority of the board shall constitute a quorum for 2 the transaction of business, and a vacancy shall not impair the 3 right of the remaining members to exercise all the powers of the 4 full board so long as a majority remains. Any investigation, 5 inquiry or hearing which the board is authorized to hold, or un6 dertake, may be held or undertaken by or before any one member 7 of the board. All investigations, inquiries, hearings and de8 cisions of the board, and every order made by a member thereof, H. B. No. 326]

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9 when approved and confirmed by a majority of the members, and 10 so shown on its record of proceedings, shall be deemed to be the 11 order of the board.

Sec. 6. The board shall keep and maintain its main office in 2 the city of Charleston, and shall provide suitable rooms, necessary 3 office furniture, supplies, books, periodicals and maps for the 4 same. All necessary expense shall be audited and paid out of 5 the state treasury. It shall provide itself with a seal for the 6 authentication of its orders, awards, and proceedings, upon which 7 shall be inscribed the words.