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ACTS

OF

THE LEGISLATURE

OF

WEST VIRGINIA

EXTRAORDINARY SESSION 1915

ACTS OF 1915.

EXTRAORDINARY SESSION.

CHAPTER 1.

(House Bill No. 3.)

AN ACT to amend and re-enact sections two, three, seven fourteen, eighteen, nineteen, twenty-five and fifty-four of chapter ten of the acts of one thousand nine hundred and thirteen as amended and re-enacted by the legislature at the regular session of one thousand nine hundred and fifteen.

[Passed March 13, 1915. In effect May 21, 1915. Approved by the Governor March 18, 1915.]

SEC. 2.

3.

7.

14.

18.

All expenses peculiar to the administration of this act to be paid out of workmen's compensation fund hereinafter created, and $80,000, or so much as necessary appropriated.

to

Payments of salaries and expenses to be by state treasurer on order or voucher signed by secretary and approved by commissioner, directed to auditor and how charged; total charges not exceed appropriation. Commissioner authorized to employ secretary and other assistants and fix compensation; commissioner and other officers and employees entitled to actual expenses while traveling on business of the department, when properly made out.

Officer serving a subpoena to have

same fee as sheriff, and witness before commissioner to receive same fee as witness in civil case in circuit court. to be audited and paid as other claims; no witness entitled to be paid except on certificate of commissioner. For purposes of this act industries subject thereto divided into schedules: (a) coal mines, etc.; (b) paint manufactories, etc.; (c) iron and steel mills, etc.; (d) sheet and tin plate mills, etc.; (e) foundaries, machine shops, etc.; (f) stamped metal works, etc.; (g) logging, log

SEC.

ging railroads, etc.; (h) planing mills, etc.; (i) glass houses, etc.; (k) printing plants, etc.; woolen mills, etc.; (m) breweries. bottling works, etc.; (n) slaughter and packing houses; (o) steam laundries, etc.; (p) steam and other railroads, etc.; (q) street and interurban railroads; (r) telegraph and telephone plants, etc.; (s) quarries, stone crushers, etc.; (t) same works as scheduled above without power driven machinery; (u) match factories, powder mills, etc. (v) construction of tunnels, shafts, etc.; (w) construction and installation of sewers, etc.; (x) any other industry not heretofore scheduled, and commissioner has authority to classify and reclassify; also has authority to sub-divide any schedule into classes based on degrees of hazard in twelve months periods, list to be determined from records of commissioner. and fixed accordingly; (y) duty of commissioner to fix lowest possible rates under certain requirements: (1) to keep account of premiums paid, liabilities incurred, etc.; (2) premium rate to be paid into fund, etc. (3) re-adjustment July 1, 1916. and annually thereafter. but nothing to prevent adjustment of any class; duty of commissioner as to notification of employer affected by new rate.

SEC. 19.

25.

Commissioner to establish fund
from premiums and other funds
paid in for benefit of employers
and employees and applicable in
payment to the classes, and
adopt rules and regulations;
employers electing to individ-
ually compensate to do so in
manner prescribed and make re-
ports accordingly.
Commissioner to disburse fund to
employees according to provis-
ions hereinafter made and for
expenses of administration; re-
quirement as to claims for her-
nia resulting from injury, and

SEC.

compensation therefor; no compensation if employee refuses to undergo surgical operation; exceptions.

54. Employers of sufficient responsibility may maintain their Own benefit funds or systems of compensation; bond required to be approved by commissioner; rules and regulations to be prepared by commissioner; individual compensation prohibited in certain cases section 62 of general appropriation bill of the regular session of 1915 and inconsistent acts repealed.

Be it enacted by the Legislature of West Virginia:

That sections two, three, seven, fourteen, eighteen, nineteen, twenty-five and fifty-four of chapter ten of the acts of one thousand nine hundred and thirteen as amended and re-enacted by the legislature at the regular session of one thousand nine hundred and fifteen, be amended and re-enacted so as to read as follows:

Section 2. All expenses peculiar to the administration of this 2 act, including the premiums to be paid for the bonds of the state 3 treasurer and the compensation commissioner required under this 4 act, and when on official business, the traveling and incidental 5 expenses of the commissioner, and salaries or other compensation, 6 traveling and other expenses of all officers or employees of the 7 commissioner, and all expenses for furniture, books, maps, 8 stationery, appliances and property of all kinds, shall be paid out 9 of the workmen's compensation fund, hereinafter created, and the 10 sum of eighty thousand dollars per annum, or so much thereof as 11 may be necessary, is hereby appropriated out of the said fund for 12 the purpose of paying the salaries and expenses necessary in the 13 administration of this act.

Sec. 3. All payments of salaries and expenses in the 2 administration of this act shall be made by the state treasurer 3 upon order or voucher signed by the secretary and approved by the 4 commissioner, directed to the auditor of the state, who shall draw 5 his warrant therefor, and any such payment shall be charged to 6 the workmen's compensation fund; provided, that the total charges 7 against said fund under this section for any one fiscal year shall 8 not exceed the amount appropriated under section two of this act. Sec. 7. The commissioner may employ a secretary, 2 actuary, accountants, inspectors, examiners, experts, clerks, stenog3 raphers and other assistants, and fix their compensation which

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