and disburse

SEC. 1465-55. The industrial commission of Ohio shall Rules and adopt rules and regulations with respect to the collection, relative to regulations maintenance and disbursement of the state insurance fund; the collection one of which rules shall provide that in the event there is ment of fund. developed as of any given rate revision date a surplus of earned premium over all losses which, in the judgment of the commission, is larger than is necessary adequately to safeguard the solvency of the fund, the commission may return such excess surplus to the subscriber to the fund in either the form of cash refunders or credit premiums; another of which rules shall provide that in the event the amount of premiums collected from any employer at the beginning of any period of six months is ascertained and calculated by using the estimated expenditure of wages for the period of time covered by such premium payments as a basis, that an adjustment of the amount of such premium shall be made at the end of such six months' period and the actual amount of such premium shall be determined in accordance with the amount of the actual expenditure of wages for said period; and, in the event such wage expenditure for said period is less than the amount on which such estimated premium was collected, then such employer shall be entitled to receive a refunder from the state in- Refunder. surance fund of the difference between the amount so paid by him and the amount so found to be actually due, or to have the amount of such difference, credited on succeeding premium payments at his option, and should such actual premium, when ascertained as aforesaid exceed in amount the premium so paid by such employer at the beginning of such six months' period, such employer shall immediately upon being advised of the true amount of such premium due, forthwith pay to the treasurer of state an amount equal to the difference between the amount actually found to be due and the amount paid by him at the beginning of said six months' period.

(As amended 108 O. L. 313. Effective Aug. 15, 1919.)

NOTE. — The “Manual of Rules and Rates" may be obtained upon application to the Industrial Commission of Ohio.

The Industrial Commission may adopt the rule that duplicate vouchers may be issued in place of originals lost or destroyed, and the treasurer of state may pay such duplicate vouchers: Opinions Atty. Gen. 1914, Vol. II, 1485. [Reversing Opinions Atty. Gen. No. 696, 1914, Vol. I, 47.]

There is no authority in law for the refunder of premiums paid into the workmen's compensation fund under a mistake of law or fact: Opinions Atty. Gen. 1918, Vol. I, 604.

SEC. 1465-56. The treasurer of state shall be the Custodian of custodian of the state insurance fund and all disbursements fund. therefrom shall be paid by him upon vouchers authorized by the industrial commission of Ohio and signed by any two members of said commission; or, such vouchers may bear the fac-simile signatures of the members of said commission printed thereon, and the signature of the deputy

Deposit of funds not required for immediate use.

Investment of surplus or reserve fund.

Duty of

boards and officers in taxing dis

tricts, relative to sale of bonds.

When vouchers

shall be honored in

payment of bonds.

or other employe of said commission charged with the duty of keeping the account of the state insurance fund and with the preparation of vouchers for the payment of compensation to injured and the dependents of killed employes.

(As amended 107 O. L., 158—Effective June 28, 1917.)

This section providing for disbursement of the state insurance fund upon vouchers signed by members of the commission is not in conflict with G. C. Sec. 301: Opinions Atty. Gen. 1912, Vol. I, 750.

SEC. 1465-57. The treasurer of state is hereby authorized to deposit any portion of the state insurance fund not needed for immediate use, in the same manner and subject to all the provisions of the law with respect to the deposit of state funds by such treasurer; and all interest earned by such portion of the state insurance fund as may be deposited by the state treasurer in pursuance of authority herein given, shall be collected by him and placed to the credit of such fund.

(Section 10-103 O. L., 76.)

SEC. 1465-58 The state liability board of awards shall have the power to invest any of the surplus or reserve belonging to the state insurance fund in bonds of the United States, the state of Ohio, or of any county, city, village or school district of the state of Ohio, at current market prices for such bonds; provided that such purchase be authorized by a resolution adopted by the board and approved by the governor; and it shall be the duty of the boards or officers of the general taxing districts of the state in the issuance and sale of bonds of their respective taxing districts, to offer in writing to the state liability board of awards, prior to advertising the same for sale, all such issues as may not have been taken by the trustees of the sinking fund of the taxing district so issuing such bonds; and said board shall, within ten days after the receipt of such written offer either accept the same and purchase such bonds or any portion thereof at par and accrued interest, or reject such offer in writing; and all such bonds so purchased forthwith shall be placed in the hands of the treasurer of state, who is hereby designated as custodian thereof, and it shall be his duty to collect the interest thereon as the same becomes due and payable, and also the principal thereof, and to pay the same, when so collected, into the state insurance fund. The treasurer of state shall honor and pay all vouchers drawn on the state insurance fund for the payment of such bonds when signed by any two members of the board, upon delivery of said bonds to him when there is attached to such voucher a certified copy of such resolution of the board authorizing the purchase of such bonds; and the board may sell any of said bonds upon like resolution, and the proceeds thereof shall be paid by the purchaser to the treasurer of state upon delivery to him of said bonds by the treasurer.

(Section II 103 O. L. 76.)

Sec. 1465-58a. All bonds of any taxing district of Bonds, reOhio purchased by the industrial commission shall be quirements of. printed or lithographed upon paper of the size and the interest coupons shall be attached thereto in the manner, required by the industrial commission. The principal and interest of such bonds shall be payable at the office of the treasurer of the state of Ohio. Such bonds shall be of the denomination required by the industrial commission in its resolution to purchase, and the proper officers of each taxing district issuing such bonds are hereby authorized and required without additional procedure or legislation on their part to comply with the provisions of this act. Provided, however, that the industrial commission shall not be authorized to change the date of maturity of any bond nor shall it require a bond of any issue to be of larger denomination than the aggregate amount of such issue falling due at any date.

(108 O. L. 313. Effective Aug. 15, 1919.)

Additional

SEC. 1465-59. The treasurer of state shall give a separate and additional bond in such amount as may be fixed by the governor, and with sureties to his approval, bond. conditioned for the faithful performance of his duties as custodian of the state insurance fund.

(Section 12-103 O. L. 77.)

Under this section the treasurer of state should give a single bond in the amount fixed by the Governor and not give a number of bonds for said sum so fixed: Opinions Atty. Gen. 1918, Vol. II, 1569.

SEC. 1465-60. The following shall constitute employers subject to the provisions of this act:

Employers

I. 1. The state and each county, city, township, incor- subject to the porated village and school district therein.

2. Every person, firm and private corporation, including any public service corporation, that has in service five or more workmen or operatives regularly in the same business, or in or about the same establishment under any contract or hire, express or implied, oral or written.

(Section 13103_O. L. 77.) paragraph 2 repealed and re-enacted, 108 O. L. 313. Effective July 1, 1920.)

The state and each county, city, township, incorporated village and school district therein are employers within the meaning of the workmen's compensation law, regardless of the number of employes employed by them: In re Michaels, Vol. I, No. 7, Bull. Ind. Com., 156.

Casual employes of the state or of a county, city, township, incorporated village or school district therein, are entitled to compensation when injured in the course of employment: Michaels, Vol. I, No. 7, Bull. Ind. Com., 156.

In re

A corporation which owns and operates a saw mill which is not in operation all of the working days of the year but when in operation requires five or more workmen, is an "employer" within

provisions of this act.

the meaning of the workmen's compensation law: Clements vs. The Columbus Saw Mill Company, Vol. I, No. 7, Bull. Ind. Com., 161. A partnership is an employer within the meaning of this section and a member of a partnership cannot be an employe of the partnership: In re Cooper, Vol. I, No. 7, Bull. Ind. Com., 180.

A corporation engaged in transportation by water, whether interstate or intrastate, is an employer within the meaning of paragraph 2 of this section: Voshall vs. Kelleys Island Lime & Transport Company, Vol. IV, No. 5, Bull. Ind. Com., 46.

Electric interurban railroads and their employes engaged only in intra-state commerce are subject to the provisions of the workmen's compensation law: Hamilton vs. Cleveland, Southwestern & Columbus Railroad Company, Vol. IV, No. 5, Bull. Ind. Com., 38.

There is no distinction between steam railroads and electric interurban railroads so far as the application of the workmen's compensation law is concerned: Hamilton vs. Cleveland, Southwestern & Columbus Railroad Company, Vol. IV, No. 5, Bull. Ind. Com., 38.

The provisions of this section making the law applicable only in the case of employment of five or more workmen or operatives regularly, do not require continuous employment and do not forbid changes in the personnel of the employes: State, ex rel., vs. Berl, 19 O. N. P. (N. S.) 186.

The word "regular" as used in this section does not mean "continuously": Opinions Atty. Gen. 1912, Vol. I, 755.

Employes who work for an employer in their own shops, over which the employer exercises no control, do not come within the terms of the workmen's compensation act, but these piece workers, themselves, if they employ more than five persons regularly in or about the same establishment, are subject to the provisions of the act: Opinions Atty. Gen. 1912, Vol. I, 758.

The term "workmen or operatives", as used in the workmen's compensation law of 1911 (102 O. L. 524), includes all who are employed in or about the employer's business or establishment, except traveling salesmen who, by virtue of judicial construction, are excluded: Opinions Atty. Gen. 1912, Vol. I, 768. But see G. C. Sec. 1465-61, as amended, 107 O. L. 159.

An independent contractor employing five or more workmen in Ohio, while engaged in the construction of a postoffice building, upon land owned by the federal government in this state, is within the purview of the workmen's compensation act: Opinions Atty. Gen. 1914, Vol. II, 1189.

Institutions, such as Miami University, are not authorized to contribute to the state insurance fund and cannot be compelled to do so: Opinions Atty. Gen. 1914, Vol. I, 283.

Corporations not for profit, such as hospitals, country clubs, etc., regularly employing five or more workmen, come within the workmen's compensation act and are to be considered employers: Opinions Atty. Gen. 1914, Vol. I, 292.

Political sub-divisions employing fewer than five persons are subject to the provisions of the workmen's compensation law: Opinions Atty. Gen. 1914, Vol. I, 250.

An employer who has a number of establishments at different places in the state but all under the same management and in the same line of business, though each is separately operated, is amenable to the compensation law, if the aggregate number of employes in such branches amounts to five or more: Opinions Atty. Gen. 1914, Vol. I, 542.

"workman"

SEC. 1465-61. The terms "employe", "workman" and "Employe"; "operative" as used in this act, shall be construed to mean: and "opera

tive" defined.

1. Every person in the service of the state, or of any Exception. county, city, township, incorporated village or school district therein, including regular members of lawfully constituted police and fire departments of cities and villages, under any appointment or contract of hire, express or implied, oral or written, except any official of the state, or of any county, city, township, incorporated village or school district therein. Provided that nothing in this act shall apply to police or firemen in cities where the injured policemen or firemen are eligible to participate in any policemen's or firemen's pension funds which are now or hereafter may be established and maintained by municipal authority under existing laws.

2. Every person in the service of any person, firm or private corporation, including any public service corporation, employing five or more workmen or operatives regularly in the same business, or in or about the same establishment under any contract of hire, express or implied, oral or written, including aliens and minors, but not including any person whose employment is but casual and not in the usual course of trade, business, profession or occupation of his employer.

3. Every person in the service of any independent contractor or sub-contractor who has failed to pay into the state insurance fund the amount of premium determined and fixed by the industrial commission of Ohio for his employment or occupation, or to elect to pay compensation direct to his injured and to the dependents of his killed employes, as provided in section 1465-69, General Code, shall be considered as the employe of the person who has entered into a contract, whether written or verbal, with such independent contractor unless such employes, or their legal representatives or beneficiaries elect, after injury or death, to regard such independent contractor as the employer.

(As amended 108 O. L. 313. Effective Aug. 15, 1919.) amendment of paragraph 2 effective July 1, 1920.)

For a definition and discussion of the terms "casual employment" and "regular employment" see Clements vs. Columbus Saw Mill Company, Vol. I, No. 7, Bull. Ind. Com., 161.

A member of a partnership is not an employe of the partnership in the meaning of this section: In re Cooper, Vol. I, No. 7, Bull. Ind. Com., 180.

Workmen engaged in mining coal are employes of the mine owner though the mine operations are carried on under a contract with a third party who selects and pays the workmen, where by the terms of the contract, the mine owner retains control and supervision over the working of the mine: McAllister vs. National Fire Profing Company, Vol. I, No. 7, Bull. Ind. Com., 107; see also Skinner vs. Stratton Fire Clay Company, Vol. I, No. 7, Bull. Ind. Com., 103, which approved and followed the McAllister case above cited.

2 I. C.