12. 13. Order in dealing with claim. Reference of claim to medical director. 14. Special Investigation through deputies. 15. Reference of all communications to the actuary. 16. Passing upon claim. 17. Action upon award by commissioner or deputy com missioner. 18. Action upon report of arbitrators. 23. Employees receiving or disbursing money to give bond. 24. What employers and what employees subject to the act. 25. Rules for computing weekly wages. 26. Revision of award for reduction of earning capacity. 27. Ruling as to lien for physician's services, etc. 28. Time for making periodical payments. 29. Method of paying compensation. 30. When commuted and sued for. 31. 32. 33. Paying present value into state fund. Commuted value demanded of insolvents. 34. Physician's fees, etc., need not be insured. 35. Policies of companies must insure all entitled. 36. Condition of remitting penalty for non-compliance. 37. Commission to supply blanks. 38. Expense accounts of commission. 39. Classifying employments of a single employer. 40. How interstate and foreign commerce employers may comply. 41. Hours of sessions. 42. When physician's bill not to be considered. 43. Employees insured in state fund. 44. Premiums payable to state fund. 45. How disbursements from state fund made. 46. Monthly session to consider report of state fund. 48. Readjustment of premium payroll to state fund. 1. Form of notices. For notices of injury and of death required by section 18 of the Workmen's Compensation Act to be given the commission and the employer, blanks as per form Nos. C-1 and C-24, shall be provided; but any notice which furnishes substantially the information called for by such section shall be deemed sufficient whether upon such blank or not. 2. To what offices notices shall be sent. All notices should be sent to the principal offices of the commission in the Capitol, Albany, New York, or should be sent to the office of the commission, No. 1 Madison Avenue (now 230 Fifth Ave.), New York City. 3. Which statements under oath. The notices of injury from the employee and from the employer and the statements made and signed by the attending physician or physicians shall be taken as and constitute part of the proof in all cases, though not under oath; a statement must be made under oath or by affirmation, of, and in regard to, every claim, and all statements offered to controvert the same must also be under oath or by affirmation. Other statements may be received though not verified. 4. Proof and average daily wages. If the state ments of the employer and of the employee as to his average daily wages, contained in their respective notices of injury, agree, the commission will, at its discretion, base its award upon such as the daily wages without requiring other evidence regarding the same; otherwise (and in every case if there be reason to suspect that the employee is of the class described in subdivision 3 of section 14 of the act) an investigation shall be made and such further evidence required as the commission may deem necessary to determine the average daily wages under the provisions of section 14 of the act. 5. Notice of presentation of claim. Upon a claim for compensation being presented to the commission, there shall be mailed to the employer and to his insurance carrier a copy of the claim, together with notice that the same will come before the commission on a certain day and that an award may be made upon the evidence then in hand unless a hearing is demanded or an adjournment had. 6. Witness put under oath. In any investigation, inquiry or hearing, by the commission or by a commissioner or by a deputy commissioner duly deputized to make the same, each person interrogated will, at the discretion of the commission, commissioner or deputy commissioner, conducting the investigation, be required to answer under oath (or by affirmation) and to produce any book or paper in his possession or custody pertinent to the inquiry. 7. Claim for compensation. Claims for compensation for disability or death shall be presented to the commission as required by section 20 of the act, upon blank form No. C-3 for disability, and blank form No. C-24 for death, which shall be filled out and sworn to (or affirmed) by the injured employee or a dependent or some one on his or her behalf, as the case may be, and mailed to the commission in the same manner as notices of injury or of death; but a writing which sets forth the claims shall not be rejected as insufficient because not upon one of such blank forms or because not verified. (Under Section 20 of the Compensation Law as amended by Chapter 167 of the laws of 1915, the claim for compensation must first be presented to the employer. If rejected or if no agreement is made within ten days, the claim may be presented to the Commission.) 8. Who may examine. Physical examinations may be made by the medical director or one of his assistants, by a district physician or by any other physician duly author ized by the commission or the medical director. 9. Who may inspect. All inspection shall be made by the commission, by a commissioner, or deputy commissioner, or other person specially authorized by the commission. 10. Secretary shall digest the evidence. When a claim shall be brought before the commission, the secretary shall present a digest of the evidence received upon the questions necessary to be determined by the Commission with a list of all documents upon which the digest is predicated, and shall provide a copy of such digest for each commissioner. The original digest shall be marked by him so as to identify it with the claim and with the day when it was so presented, and shall be filed with the claim papers to which it refers. 11. Medical examination of claimants. Whenever, through insufficiency of proof, it is deemed necessary, the commission or a commissioner or deputy commissioner may order the examination of a claimant by the local medical examiner. The report of such examiner shall be confidential. If able to do so, the claimant must present himself at the office of the local medical examiner for examination in case this is requested; if the claimant is not able to attend there, the local medical examiner must call upon the claimant. Any case calling for expert examination may be referred to a specialist, employed by the commission, for his examination. The expense of all such examinations shall be paid by the commission at rates agreed upon by it and by the medical examiner in his contract of employment. 12. Order in dealing with claim. Upon receipt of a claim for compensation, the chief of the claim bureau shall determine if claimant's employer is insured, and, if so, with what insurance carrier and whether or not, on the papers in hand, the claim is compensatable. If so, it shall be docketed. The papers, when complete, shall be analyzed by the chief of the claim bureau or his assistant and summarized for presentation to the commission. Such summary shall embrace findings of facts, offered to be passed upon by the commission, upon which its decision may be predicated. 13. Reference of claim to a medical director. Whenever, in the opinion of the chief of the claim bureau, it is desirable to have the opinion of the medical director upon the nature and extent of the injury, the claim papers shall be referred to him for his opinion thereon and for such further investigation as he may order. 14. Special investigation through deputies. All cases of special investigation, other than medical, because of insufficient evidence, conflict of testimony, ambiguity, suspicion of fraud or simulation or malingering shall, unless otherwise ordered, be referred to the deputy commissioner for the district in which the claimant resides. 15. Reference of all communications to the actuary. All communications of future payment of compensation shall be computed by the actuary or his assistant, using such interest, mortality, remarriage and other factors as shall be adopted by the commission for the purpose; the results of all such computations shall be reported to the commission and shall not be given out except as authorized by it. 16. Passing upon a claim. With the copy of the claim to be sent to the employer and his insurance carrier, there shall be sent a notice of the day not more than ten days after the date of the notice of claim when the claim will come before the commission for consideration. If upon such day or any subsequent day to which such consideration may be adjourned, the evidence before the commission, either upon a hearing or without a hearing, establishes, in its opinion, all the facts necessary to determine the right to compensation, the amount thereof and the persons entitled thereto, it shall make a decision in accordance therewith, granting or denying compensation, and shall make and file with such decision a finding of the facts upon which the same is made. (The requirement of ten days' notice has been modified by the Commission in practice. Notice of five days is usually given but the time is frequently less.) 17. Action upon award by commissioner or deputy commissioner. In a case where a commissioner or a deputy commissioner shall have made an award, decision or order, as provided in section 65 of the act, notice thereof shall be mailed to the employer, his insurance carrier and each claimant for compensation specifying the day upon which the same will be brought before the commission for approval and confirmation and upon such day or any subsequent day to which such consideration may be adjourned, |