1. A state workmen's compensation act otherwise valid, does not,
by requiring that compensation for the accidental death of an
employee, irrespective of negligence, be paid to his nonresident
alien dependents deprive the employer of property without due
process, in violation of the Fourteenth Amendment. P.
262 U. S.
501.
2. The constitutionality of acts of this kind does not depend
upon the compensation's being limited to citizens or residents of
the state.
Id.
Affirmed.
Error to judgments of the Supreme Court of California denying
writs to review two awards made by the state Industrial Accident
Commission.
MR. JUSTICE SANFORD delivered the opinion of the Court.
These two cases were heard together. They involve a single
question as to the constitutionality of the Workmen's Compensation
Act of California.
This is a compulsory compensation act establishing, in all
except certain employments, an exclusive system governing
compensation for injuries to employees resulting in disability or
death. By its terms, liability exists against an employer for the
compensation therein provided
Page 262 U. S. 500
in lieu of any other liability whatsoever to any person, and
"without regard to negligence," for any injury sustained by his
employees, including aliens, arising out of and in the course of
the employment not caused by their intoxication or intentionally
self-inflicted, such compensation being recoverable by the
employees according to a prescribed scale gauged by their previous
wages and the extent of their disability, or, if the injuries cause
death, by those dependent upon them for support, according to
prescribed death benefits gauged by the previous wages and the
extent of the dependency of the beneficiaries. Laws Cal. 1917, c.
586; Amendment, Laws 1919, c. 471.
See Western Indemnity Co. v.
Pillsbury, 170 Cal. 686, 695, and
North Alaska Salmon Co.
v. Pillsbury, 174 Cal. 1. Nonresident alien dependents are
included within its provisions as to death benefits.
See
Western Supply Co. v. Pillsbury, 172 Cal. 407, 416.
In the present cases, two laborers employed by the Madera Sugar
Pine Company in California, having sustained, without negligence of
the Company, fatal injuries, arising out of and in the course of
their employment, their partially dependent mother and sisters,
respectively, being aliens residing in Mexico, were awarded by the
Industrial Accident Commission, in appropriate proceedings under
the Act, death benefits against the Company as therein
prescribed.
Petitions for writs to review these awards in accordance with
the state practice were denied by the Supreme Court of California,
and thereupon, on the application of the Company, these writs of
error, with supersedeas, were allowed by the chief justice of that
court.
See Napa Valley Co. v. Railroad Commission,
251 U. S. 366,
251 U. S.
372.
The sole contention of the Company here is that the act, as
construed and applied in these cases, requiring it to make
compensation for the death of employees, occurring without fault,
to their nonresident alien dependents
Page 262 U. S. 501
operates to deprive it of property without due process and in
violation of the Fourteenth Amendment.
The argument is in substance that, while an employer may
lawfully be compelled to make compensation to the resident
dependents of employees whose death was caused by no legal wrong,
on the ground that the state is interested in preventing such
dependents from becoming public charges, this justification does
not extend to the case of foreign dependents, who would not become
public charges of the state, and therefore that an act requiring
compensation to be made to such foreign dependents in the absence
of legal wrong is not a reasonable exercise of the police power of
the state. This argument, however, erroneously assumes that, in a
compensation act of this character, the provision for death
benefits is to be separately determined, independently of the
general scope of the act and solely with reference to the relation
of the beneficiaries to the employers and to the state.
Provision is universally made in workmen's compensation acts for
compensation not only to disabled employees, but to the dependents
of those whose injuries are fatal. And the two kinds of payment are
"always regarded as component parts of a single system of rights
and liabilities arising out of" the relation of employer and
employee.
Western Metal Supply Co. v. Pillsbury, 172 Cal.
407, 414. The object of such acts "is single -- to provide for the
liability of the employer to make compensation for injuries
received by an employee," whether to the employee himself or to
those who suffer pecuniary loss by reason of his death.
Huyett
v. Pennsylvania Railroad, 86 N.J.Law, 683, 684.
This Court has in several cases sustained the constitutionality
of workmen's compensation acts, from which the California Act in
its constitutional aspects is not distinguishable, establishing
exclusive systems governing the
Page 262 U. S. 502
liabilities of employers in hazardous occupations in respect to
compensation for industrial accidents to employees resulting in
disability or death, and requiring compensation to be paid to a
disabled employee or to his surviving dependents in accordance with
prescribed scales gauged upon the previous wage and the extent of
the disability or dependency.
New York Central Railroad v.
White, 243 U. S. 188;
Mountain Timber Co. v. Washington, 243 U.
S. 219;
Ward v. Krinsky, 259 U.
S. 503.
And see Arizona Employers' Liability
Cases, 250 U. S. 400.
These acts were sustained, in their entirety -- without any
separate reference to the status of the dependents, although, in
the
White case, the right of a widow to compensation was
directly involved -- upon the broad ground that the state, by
reason of its public interest in the safety and lives of employees
engaged in such occupations, may provide, in the just and
reasonable exercise of its police power, that the loss of earning
power sustained by an employee through an industrial accident
resulting in his disability or death, constituting a loss arising
out of the business and an expense of its operation, shall, in
effect, be charged against the industry after the manner of
casualty insurance, and to that end require the employer to make
such compensation as may reasonably be prescribed for the loss thus
incurred in the common enterprise, irrespective of the question of
negligence, to the injured employee or to his surviving dependents.
New York Central Railroad v. White, 243
U. S. 203,
243 U. S. 207;
Mountain Timber Co. v. Washington, 243
U. S. 243;
Ward v. Krinsky, 259 U.
S. 503,
259 U. S. 512.
That is to say, as shown by these decisions, the compensation to
dependents is merely a part of the general scheme of compensation
provided by these acts for the loss resulting from the impairment
or destruction of the earning power of an employee caused by an
industrial accident, which in case of his death is paid to those
whom he had supported by his earnings and
Page 262 U. S. 503
who have suffered direct loss through the destruction of his
earning power. And it is clear that the underlying reason of these
decisions applies alike to all dependents who by his death have
been deprived of their support, whether they be residents or
nonresidents of the state.
If an employment be such as to fall within the state's lawmaking
jurisdiction and the legislature determines that the employment of
labor therein entails upon the employer certain responsibilities
toward the persons performing the labor and those dependent on
them, there is no constitutional provision requiring that the
benefits of such legislative scheme be limited to citizens or
residents of the state.
Western Metal Supply Co. v. Pillsbury,
supra, 172 Cal. 416. Just as accident insurance goes to the
beneficiary regardless of his residence, so the
quasi-insurance of a workmen's compensation act goes to
those to whom the employee would naturally have made such insurance
payable: to himself, although an alien, if he be disabled, and to
those dependent upon his earnings for support, if he be killed.
Derinza's Case, 229 Mass. 435, 441.
A strong argument in support of the view that, as part of a
system of compulsory compensation established by a state to protect
employees from loss through industrial accidents, the death
benefits may properly be extended to alien dependents is also
found, by analogy, in the reason stated in various decisions
holding that employers' liability acts authorizing recovery for the
death of employees caused by negligence, inure to the benefit of
alien as well as resident beneficiaries. Thus, as the Federal
Employers' Liability Act, in order to protect the life of the
employee, gives compensation to those who had relation to it, it
makes no difference where they may reside; it being
"the fact of their relation to the life destroyed that is the
circumstance to be considered, whether we
Page 262 U. S. 504
consider the injury received by them or the influence of that
relation upon the life destroyed."
McGovern v. Philadelphia Railroad, 235 U.
S. 389,
235 U. S. 400.
Such employers' liability statutes are designed to benefit all
employees.
Vetaloro v. Perkins, 101 F. 393, 397. They have
the interest of the employees in mind, and are primarily for the
protection of their lives; the action is given to the beneficiaries
on their account, and they are not intended to be less protected if
their beneficiaries happen to live abroad.
Mulhall v.
Fallon, 176 Mass. 266, 269.
"Many of these toilers in mines, on public works, railroads and
the numberless fields of manual labor receive a moderate wage, and
are compelled to leave in foreign lands those who are dependent
upon them and for whose support they patiently work on, indulging
the hope that ultimately they may bring to these shores a mother,
or wife and children. . . . The statute not only benefits the
survivors, but protects the laboring man. . . . The laborer,
leaving wife and children behind him and coming here from abroad,
has a right to enter into the contract of employment, fully relying
upon the statute."
Alfson v. Bush Co., 182 N.Y. 393, 399;
Kaneko v.
Atchison Railway, 164 F. 263, 266.
For the foregoing reasons, we conclude that the Workmen's
Compensation Act of California, as it has been construed and
applied in these cases, in providing for death benefits to the
nonresident alien dependents of employees meeting death as the
result of industrial accidents, is not in conflict with the
Fourteenth Amendment.
Affirmed.