Repository: UIHistories Project: Board of Trustees Minutes - 1928 [PAGE 755]

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752

BOARD OF TRUSTEES

[June 2 9

O n this principle, obviously, the Board is justified in extending its accident compensation rule to members of the faculty, under conditions laid d o w n by the Board. After considering the matter carefully, in the light of the above principles and opinions, it seems to m e that it would be well for the Board to extend its accident compensation ruling to include accidents to members of the faculty when actually and within the scope of their duties engaged in, not merely coming to or returning from, an employment which, by fair and reasonable construction, can be classed as extra-hazardous within the purview of Section 139 of Chapter 48, S. H . Revised Statutes of 1927, being Section 3 of the Workmen's Compensation Act. Construing that law as a legislative recognition of the fact that in certain lines of work the probability of accident or injury inheres to a greater degree than in otherfields,the right to compensation should extend to those classes of University employments which, though not specified, eo nomine, in the act are, nevertheless, clearly within its purpose, such as employments where danger of infection or injury grows out of intrinsic, not merely extrinsic or adventitious causes; provided, that the instruction or research which the members of the faculty are pursuing, and in the prosecution of which they received injury, had been duly approved by the proper University authorities as suitable or necessary work for the University to engage in; provided, further, that the injured member or members of the staff were free from all negligence contributing to the accident; and that such cases be examined and treated on their merits as individual cases of accidents to members of the mechanical and agricultural staffs are now. In all special research contracts provision should be made for full protection, through adequate and approved insurance, of all persons engaged in the research at the expense of the party for w h o m the research is conducted. If the work which members of the staff are doing, being extra-hazardous, has not been previously approved by the proper University authorities as suitable or necessary for the work of the University, and specific recognition given by the Board of Trustees to the extra-hazardous character of the work, obviously the members of the faculty employed to do said work must run the risks involved, if they accept appointments in the positions in which said work is done. True, it m a y be said that no individual is obliged to accept such employment. The point is that the more competent individuals often will not accept such employment, knowing possible results, unless, as part of their compensation, they are afforded protection against the serious consequences of said accidents. In consequence of the above reasoning, I desire to recommend that the Board of Trustees extend its compensation ruling to members of the faculty w h o may be injured when actually within the scope of their duties engaged in, not merely coming to or returning from, an employment which, by fair and reasonable construction can be regarded as extra-hazardous within the purview of Section 3 of the Workmen's Compensation Act, and that the administration of such cases be according to our existing practice, namely, through a committee appointed by the President, by the Board's authority, to collect and review the evidence and make a recommendation in each individual case on its merits. I desire further to recommend that the Board reconsider its action declining to award compensation to M r . D. R. Mitchell, instructor in mining engineering, and to authorize the President of the University to treat the case as other cases are treated on recommendation of the Committee on Accident Compensation appointed by him under your authority. I m a y add that I have already reviewed the evidence in this case, and a m of the opinion thathis hwork asshould Mitchell is somewhat M aof our 1923). Inof Min.carrying on died from anM r . be made. Minutes, analogous to that that Crosby, w h o an e case ofinstructor. occurring in one y 18, laboratories r case, the T award accident (See