Repository: UIHistories Project: Board of Trustees Minutes - 1934 [PAGE 580]

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578

BOARD OF TRUSTEES

[May 22

In an informal opinion rendered to me on April 30, the Court of Claims set out fully rules under which the various claims of employees of the University should be determined. Individual opinions, recommending or rejecting an award, were rendered in all cases submitted up to April 1. The Court indicates that the University can act upon further claims, with these opinions before it, without forwarding the individual claims to the Court. In general, the opinion of the Court is as follows. The University is an employer, its employees are employees, and the University is engaged in an enterprise, within the meaning of the Act. The University consists of a number of different departments or schools which are practically complete in themselves, and each department or school must, therefore, be considered a separate business or enterprise, and the liability of the University in each case depends upon whether that particular school or department comes within any of the provisions of Section 3 of the Act, or is engaged in a business or enterprise which is extrahazardous in fact. The University is not engaged in any enterprise which comes within paragraphs ' . 2 . 3i 4» 5. 9. o r r o °f Section 3 of the Act, for the reason that if the University is engaged in doing such work from time to time, such work is merely incidental to the general work of the University and not the business in which the University is engaged. Paragraph I has reference to the erection, maintaining, removing, remodeling, etc., of any structure; paragraph 2, construction, excavation, or electrical work; paragraph 3, carriage by land, water, or aerial service; paragraph 4, the operation of any warehouse; paragraph 5, mining, surface mining, or quarrying; paragraph 9, the laying out or improvement of subdivisions; paragraph 10, the treatment of cross-ties, etc. The result is to exclude from the benefits of the Act all employees of the Physical Plant, except those who may be engaged in operating power-driven machinery. The business or enterprise in which the several schools or departments of the University are engaged may come within the provisions of paragraphs 6, 7, 7K, or 8 of Section 3, but the question whether the University does come within the provisions of any such paragraphs is a question of fact to be determined by the evidence submitted in each particular case. Paragraph 6 has reference to the manufacture, handling, or use of explosive materials in dangerous quantities; paragraph 7, the manufacture or use of any molten metal, or explosive or injurious gases or vapors, or inflammable vapors or fluids, or corrosive acids; paragraph 7 # , the use of sharp-edged cutting tools, grinders, or implements; paragraph 8, any enterprise in which statutory or municipal ordinance regulations are or shall be imposed for the regulating, guarding, use, or placing of machinery or appliances or for the protection and safeguarding of the employees of the public therein. All farm work done by farmers or others engaged in farming, tillage of the soil, or stock raising, and all work which is done on a farm or country place is specifically excepted by paragraph 8 of Section 3 from the provisions of the Workmen's Compensation Act. The result is to exclude all employees of the College of Agriculture. The conclusion of the whole matter appears to be that the University may determine the question whether a given case is within the Act and then award compensation for hospital and medical services and pay the same out of its own funds if any funds be available therefor. As to payments out of our funds, I refer to our conversation with the Governor and his personal approval of such a procedure. The Court does not discuss or pass upon this point. I suppose this should be reported to the Board and the Board give at least informal advice whether the Compensation Committee should go ahead and act upon cases where claims are made for hospital or medical service. Where claims are made for loss of time or permanent disability they, of course, have to be made to the Court directly and to be paid in the usual course out of any State fund available for that purpose. Cordially yours,

SVEINBJORN JOHNSON

Counsel

This report was received for record.