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and ten per cent by the employees. Each employer is authorized to deduct from the pay roll of his employees ten per cent of the said premiums for any premium period in proportion to the pay roll of such employees; no deduction shall be made except for that portion of the premium period antédating such pay roll. Each employer shall give a receipt to each employee showing the amount which has been deducted and paid into the State insurance fund.
Sec. 21. The State Liability Board of Awards shall disburse the State insurance fund to such employees of employers as have paid into said fund the premiums applicable to the classes to which they belong, that have been injured in the course of their employment and which have not been purposely self-inflicted, or to their dependents in case death has ensued.
Sec. 21-1. All employers of labor who shall not pay into the State insurance fund the premiums provided by this act, shall be liable to their employees for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neglect or default of the employer, or any of the employer's officers, agents or employees, and also to the personal representatives of such employees where death results from such injuries and in such action the defendant shall not avail himself of the following common-law defenses:
The defense of the fellow-servant rule, defense of the assumption of risk, or the defense of contributory negligence.
But where a personal injury is suffered by an employee, or when death results to an employee from personal injuries while in the employ of an employer in the course of employment, and such employer has paid into the State insurance fund the premium provided for in this act, and in case such injury has arisen from the willful act of such employer or from the failure of such employer or any of such employer's officers or agents to comply with any municipal ordinance or lawful order of any duly authorized officer, or any statute regulating the bealth, comfort, life, or safety of employees, then in such event, nothing in this act contained shall' affect the civil liability of such employer but such injured employee or his legal representative, in case death results from the injury, may, at his option, either claim compensation under this act or insti. tute proceedings in the courts for his damage on account of such injury, and such employer shall not be liable for any injury to any employee or to his legal representative, in case death results, except as provided in this act.
Every employee or legal representative, in case death results, who accepts an award from the State Liability Board of Awards, waives his right to exercise his option to institute proceedings in court. Every employee or his legal representative, in case death results, who exercises his option to institute proceedings in court, as provided in section 21-1 waives his right to any award, except as provided in section 36 of this act.
Sec. 22. Where an employer has paid a judgment recovered against him for injuries, or on account of the death of an employee, he shall, if he has paid into the State insurance fund, the premiums provided for in this act to insure him against liability for such injuries or death, be reimbursed therefrom to the extent of, but in no case to exceed, the amount provided for in this act, to be paid in case of injury or death, not, however, in any case, to exceed the amount of such judgment and court costs so paid by such employer, such reimbursement to be made upon proof of payment of such judgment, satisfactory to the board and allowed by it, and payable in the same manner as benefits or compensation to injured employees or their dependents.
Sec. 23. The board shall disburse and pay from the fund, for such injury, to such employees, such amounts for medical, nurse and hospital services and medicines, as it may deem proper, not, however, in any case, to exceed the sum of two hundred dollars, in addition to such award to such employee.
Sec. 24. In case death ensues from the injury reasonable funeral expenses, not to exceed one hundred and fifty dollars, shall be paid from the fund, in addition to such award to such employee.
Sec. 25. No benefit shall be allowed for the first week after the injury is received, except the disbursement provided for in the next two preceding sections.
SEC. 26. In case of temporary or partial disability, the employee shall receive sixty-six and two-thirds per cent of the impairment of his earning capacity during the continuance thereof, not to exceed a maximum of twelve dollars per week, and not less than a minimum of five dollars per week, if the employee's wages were less than five dollars per week, then he shall receive his full wages, but not to continue for more than six years from the date of the injury, nor to exceed three thousand four hundred dollars in amount from that injury.
Sec. 27. In case of permanent total disability the award shall be 663 per cent of the average weekly wage, and shall continue until the death of such person so totally disabled. The award where death results from an injury shall not exceed thirtyfour hundred dollars.
Soc. 28. In case the injury causes death the benefits shall be in the amounts and to the persons following:
1. If there be no dependents, the disbursements from the insurance fund shall be limited to the expense provided for in sections 23 and 24.
2. If there are wholly dependent persons at the time of the death, the payment shall be sixty-six and two-thirds per cent of the average weekly wage and to continue for the remainder of the period between the date of the injury and six years thereafter, and not to amount to more than a maximum of thirty-four hundred dollars, nor less than a minimum of one thousand five hundred dollars.
3. If there are partly dependent persons at the time of the death, the payment shall be sixty-six and two-thirds per cent of the average weekly wage and to continue for all or such portion of the period of six years after the date of the injury, as the board in each case may determine, and not to amount to more than a maxim'm of thirtyfour hundred dollars.
Sec. 29. The benefits, in case of death, shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents, as may be determined by the board, which may apportion the benefits among the dependents in such manner as it may deem just and equitable. Payment to a dependent subsequent in right may be made, if the board deem proper, and shall operate to discharge all other claims therefor.
Sec. 30. The dependent or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support, in compliance with the finding and direction of the board.
Sec. 31. The average weekly wage of the injured person at the time of the injury shall be taken as the basis upon which to compute the benefits.
Sec. 32. If it is established that the injured employee was of such age and experience when injured as that under natural conditions his wages would be expected to increase, the fact may be considered in arriving at his average weekly wage.
Sec. 33. The power and jurisdiction of the board over each case shall be continuing, and it may from time to time make such modification or change with respect to former findings or orders with respect thereto, as, in its opinion, may be justified.
Sec. 34. The board, under special circumstances, and when the same is deemed advisable, may commute periodical benefits to one or more lump sum payments.
Sec. 35. Benefits before payment shall be exempt from all claims or creditors and from any attachment or execution, and shall be paid only to such employees or their dependents.
SEC. 36. The board shall have full power and authority to hear and determine all questions within its jurisdiction, and its decision thereon shall be final.
In case the final action of such board denies the right of the claimant to participate at all in such fund on the ground that the injury was self-inflicted or on the ground that the accident did not arise in the course of employment, or upon any other ground going to the basis of the claimant's right, then the claimant within thirty (30) days after the notice of the final action of such board may, by filing his appeal in the common pleas court of the county wherein the injury was inflicted, be entitled to a trial in the ordinary way, and be entitled to a jury if he demands it. In such a proceeding, the prosecuting attorney of the county, without additional compensation, shall represent the State Liability Board of Awards, and he shall be notified by the clerk forth with of the filing of such appeal.
Within thirty days after filing his appeal, the appellant shall file a petition in the ordinary form against such board as defendant and further pleadings shall be had in said cause according to the rules of civil procedure, and the court, or the jury, under the instructions of the court, if a jury is demanded, shall determine the right of the claimant; and, if they determine the right in his favor, shall fix his compensation within the limits and under the rules prescribed in this act; and any final judgment so obtained shall be paid by the State Liability Board of Awards out of the State insurance fund in the same manner as such awards are paid by such board.
The costs of such proceeding, including a reasonable attorney's fee to the claimant's attorney to be fixed by the trial judge, shall be taxed against the unsuccessful party. Either party shall have the right to prosecute error as in the ordinary civil cases.
Sec. 36-1. Such board shall not be bound by the usual common-law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein provided; but may make the investigation in such manner as in their judgment, is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of this act.
Sec. 37. The board may make necessary expenditures to obtain statistical and other information to establish the classes provided for in section 17. The salaries and compensation of the secretary, and all actuaries, accountants, inspectors, examiners, experts, clerks and other assistants, and all other expenses of the board herein authorized including the premium to be paid by the State treasurer for the bond to be furnished by him, shall be paid out of the State insurance fund upon vouchers, signed by two of the members of such board, presented to the auditor of State, who shall issue his warrant therefor as in other cases.
Sec. 38. No provision of this act relating to the amount of compensation shall be considered by, or called to the attention of the jury on the trial of any action to recover damages as herein provided.
Sec. 39. Annually on or before the 15th day of November, such board, under the oath of at least two of its members, shall make a report to the governor which shall include a statement of the number of awards made by it, and a general statement of the causes of the accidents leading to the injuries for which the awards were made, a detailed statement of the disbursement from the expense fund, and the condition of its respective funds, together with any other matters which such board deems it proper to call to the attention of the governor, including any recommendations it may have to make.
Sec. 40. The expense of such board in carrying out the provisions of this act shall be paid until January 1, 1912, out of the general revenue of the State not otherwise appropriated. Such expense shall not exceed twenty-five thousand dollars in addition to the salaries of members of such board.
BILLS DRAFTED BY ASSOCIATIONS. DRAFT OF BILL BY THE AXERICAN FEDERATION OF LABOR. Section 1. If in any employment to which this act applies personal injury or death by accident, arising out of and in the course of the employment, is caused to any employee, the employee so injured, or in case of death, the members of his family, as hereinafter defined shall be entitled to receive from his employer, and the said em. ployer shall be liable to pay, the compensation provided for in this act. This act shall apply to every employee, who shall, at the time of his accident be engaged in employ. ment on, in or about any rail way, street railway, factory, (including any premises where steam, water or other mechanical power is used in aid of any manufacturing or other process for gain, or on which explosives or infiammables are made or used), mine, quarry, or any engineering, building or construction work in the State of - The employers to whom this act shall apply shall be any person or persons, association, partnership or corporation carrying on any such industry as aforesaid. Save as herein provided no such employer shall be liable for any injury or death for which compensation is recoverable under this act.
Sec. 2. The employer shall not be liable under this act in respect of any injury which does not disable the employee for a period of at least two weeks from earning full wages at the work at which he was employed, except for medical fee, as hereinafter provided, but for that period shall remain liable as though this act had not been passed.
Sec. 3. When the injury or death was approximately caused by (a) the criminal act or omission or (b) the negligence (including thereunder negligence in choice of servants but excluding the negligence of competent servants and their negligence in performance of employer's duties delegated to them) of the employer, committed or omitted by him individually if the employer be a natural person, or by any of its officers individually if the employer be a corporation, or by any of its partners individually if the employer be a copartnership, or by any member of the association individually if the employer be an association, the liability
independent of this act of (such employer) shall not be affected by this act; but in such case the injured employee or in case of death the members of his family as herein defined, may elect between claiming compensation under this act, or pursuing any remedy which was available before the passage of this act.
Sec. 4. If it is proved that injury or death results from the deliberate intention of the employee to produce such result, or his willful failure to use a protection against accident required by statute and provided
for him, or solely by his deliberate breach of statutory regulations affecting safety of life or limb, or by reason of his intoxication, any compensation claimed by him under this act shall be disallowed.
ŠEC. 5. Any employer who would be liable under this act to employees if directly employed by him, shall be liable hereunder to the employees of independent contractors for accidents occurring to them in the course of any work undertaken by such employer, or for the purposes of his business, on or in or about the premises or places under his control or management. Such liability shall be to pay such compensation as would be payable, if the employee has been directly employed by him, but at the wages he was actually receiving. Any
employer who shall have paid compensation under this act for any accident, or any independent contractor who has indemnified himself, shall be subrogated to all the rights of recovery therefor of the person or persons to whom such compensation shall have been paid. An employee may, however, if he so elects, proceed against, or recover compensation directly from, any other person liable for his accident instead of from the employer.
Sec. 6. Proceedings for the recovery of compensation under this act shall not be maintainable, unless written notice of the accident, stating the time, place and cause thereof, and the name and address of the person injured has been given
within thirty days after the happening of the accident, and unless claim for compensation has been made within six months from the occurrence of the
accident, or in case death results therefrom, within six months from the time of death: Provided, always, That the want of, or any defect in such notice shall not be a bar, if the employer is not thereby prejudiced, or if such want or defect
was occasioned by mistake or other reasonable cause. The failure to make a claim within the period above specified shall not be a bar, if such failure was occasioned by physical or mental incapacity or other reasonable cause. Such notice shall be delivered to or sent by registered letter addressed to the employer at his office, place of business or last known residence.
Sec. 7. There shall be selected by every employer subject to this act one or more doctors who shall be approved by the commission of arbitration and award, hereinafter constituted, and referred to as the commission, and it shall be the duty of euch doctors to report forthwith to the commission every accident under this act, and also
whenever practicable, to render preliminary medical attention to the injured, and they shall be paid by the employer a fee of one dollar for such service in each case.
The amount of compensation payable under this act shall be: (a) Where death results from the injury: (1) If the employee leaves any dependents, who at the time of the accident were wholly dependent upon his earnings, a sum equal to his earnings in the employment of the same employer during the three years next preceding the injury, or the sum of one thousand dollars, whichever of these sums is the larger, but not exceeding in any case five thousand dollars: Provided, That the amount of any weekly payments made under this act shall be deducted from such sum; and if the period of the employee's employment by the same employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be nine hundred and thirty-six times his average daily earnings during the period of his actual employment under the same employer.
(2) If the employee leaves only dependents who at the time of the accident were partly dependent upon his earnings such sum not exceeding in any case the amount payable under the foregoing provisions of this section as may be agreed upon, or, in default of agreement, may be determined on arbitration under this act.
(3) If the employee leaves no dependents who at the time of the accident were dependent the reasonable burial and medical expenses, not exceeding in all two hundred dollars.
(b) Where total or partial incapacity results from the injury: A weekly payment during the incapacity after the second week, not exceeding one-half
of his average weekly earnings in such employment during the previous twelve months if he has been so long employed, but, if not, then for any less period during which he has been in the employment of the same employer. If, however, the employee is a minor whose average weekly earnings are less than ten dollars, his compensation shall be a payment not exceeding his full average earnings. Such weekly payments shall not in any case exceed fifteen dollars, and it shall not extend over a period exceeding ten years, unless the injured will thereafter be permanently totally disabled from engaging in any work or occupation for wages.
Sec. 8. All death payments under this act shall be paid into court where the accident happens, and also any payments to persons under legal disability if the court on application to it so directs. Any question as to who is a dependent and the amount payable to each dependent shall be decided by the said court, if not settled before such payment into court.
The receipt of the court shall be a sufficient discharge for any amount paid in and it shall be apportioned and distributed for the benefit of the persons entitled thereto in such manner as the court may think best: Provided, That the court may thereafter on application to it, vary any of its previous orders or apportionments. The courts referred to in this act shall be the probate.
Sec. 9. The commission shall make regulations under which an employee injured shall, if so requested by the employer, submit himself for examination by a duly qualified doctor furnished and paid by the employer as soon as practicable after his injury, and also from time to time during the receipt by him of any weekly payments hereunder. A copy of the report of the employer's doctor shall be furnished to the employee, or if no such examination be made, then the employee shall be examined by his own doctor and furnish a report thereof to his employer. Such reports shall be furnished within six days after the examination. If à dispute then exists as to the employee's condition, or as to whether or to what extent the incapacity is due to the accident, such regulations shall provide for the examination of the employee by a medical referee on an order to that effect being given by the court hereinafter specified, and the payment of a fee not exceeding five dollars, to be taxed by said court. The certificate of the medical referee shall be conclusive evidence of the matters so certified. If the employee refuses to submit himself to such examinations, or in any way obstructs the same, his right to take compensation and to take or to prosecute any proceeding under this act in relation to compensation may be suspended, and his compensation during such period of suspension shall be forfeited until such examination has been made.
Sec. 10. Any weekly payment may be reviewed at the request either of the employer, or of the employee, and on such review may be ended, diminished or increased, subject to the maximum provided above: Provided, That where the employee was at the date of the accident under twenty-one years of age, and the review takes place more than twelve months after the accident, the amount may be increased, to any amount, not exceeding fifty per cent of the weekly sum the employee would probably have been earning at the date of the review if he had remained uninjured, but not in any case exceeding ten dollars.