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in the State Fund who fraudulently misrepresents amount of payroll on which his premium is based is liable for ten times the difference between premium paid and amount which should have been paid (§21). Fraud or misrepresentation in claim for compensation is punishable by $500 fine or 12 months' imprisonment or both (§41). If employee is injured through absence of safeguard or protection required by Commission, employer is liable to fine of $50-$500 (§55). Employer who deducts from wages any amount toward insuring compensation is guilty of a misdemeanor, punishable by fine of $200 (§53). If proceedings before Commission or Court are not upon reasonable grounds, entire cost thereof shall be assessed against party bringing same (§57). Refusal to submit to medical examination forfeits compensation for period of refusal (§42). For violation of provisions relating to insurance policies, license, etc., $500 to $1,000 fine and possible revocation of license. (§29).

ATTORNEYS' AND PHYSICIANS' FEES.

Claims for legal services, medical treatment, etc., are not enforceable unless approved by the Commission. If so approved, they become a lien upon compensation awarded, but are payable only in the manner fixed by the Commission (§57). Employer's liability for medical charges subject to regulation by Commission and limited to prevailing rates (§37). Bill for funeral expenses in excess of $125 is not enforceable unless approved by the Commission (§37).

ACCIDENT PREVENTION.

The Commission may from time to time alter its decision in approving an employer's selection of a plan for securing compensation, if reasonably necessary for the prevention of accidents; but this does not apply to public service corporations under the jurisdiction of the Public Service Commission ($15).

CONSTITUTIONALITY.

No provision. Constitutionality of the Act was upheld by the Maryland Court of Appeals in Solvuca v. Ryan & Reilly Co., 101 Atl. 710.

MISCELLANEOUS PROVISIONS.

If proceedings before the Commission or Court are not brought on reasonable ground, entire cost thereof may be assessed upon party bringing same (§57). If compensation provisions are held invalid, the period between injury or death and such adjudication is not to be computed as part of the time limitation for commencement of action for damages (§59).

TEXT OF THE LAW

(As incorporated in Annotated Code of Maryland, Vol. 3, Bagby's Edition) ARTICLE CI.

WORKMEN'S COMPENSATION.

*AN ACT to promote the general welfare of this State by providing compulsory insurance against accident or death of workmen engaged in extra-hazardous employments in this State, and providing for the form, kind and method of such insurance and the incidents thereto; and providing for the amounts of compensation payable thereunder and the person or persons to whom such compensation is payable; and providing for the creation of a State Industrial Accident Commission and defining its powers; and providing for the creation of a State Accident Fund; and providing for an appropriation to carry out the provisions of this Act; and providing for the abolishment in certain cases of the defenses of "Assumption of Risks," "Contributory Negligence" and the "Negligence of a Fellow Servant" in actions for personal injury and death, and to repeal Chapter 837 of the Acts of 1912, and to repeal Chapter 139 of the Acts of 1902; Chapter 153 of the Acts of 1910 as amended by the Acts of 1912, Chapter 445, and to provide for the equitable disposition of the funds created by virtue of the said Acts of 1902, Chapter 139, and the Acts of 1910, Chapter 153.

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*Whereas, the State of Maryland recognizes that the prosecution of various industrial enterprises which must be relied upon to create and preserve the wealth and prosperity of the State involves injury to large numbers of workmen, resulting in their partial or total incapacity or death, and that under the rules of the common law and the provisions of the statutes now in force an unequal burden is cast upon its citizens, and that in determining the responsibility of the employer on account of injuries sustained by his workmen, great and unnecessary cost is now incurred in litigation, which cost is borne by the workmen, the employers and the taxpayers, in part, in the maintenance of courts and juries to determine the question of responsibility under the law as it now exists; and

*Whereas, in addition thereto, the State and its taxpayers are subjected to a heavy burden in providing care and support for such injured workmen and their dependents, which burden should, in so far as may be consistent with the rights and obligations of the people of the State, be more fairly distributed as in this Act provided; and

*Whereas, the common law system governing the remedy of workmen against employers for injuries received in extra-hazardous work is inconsistent with modern industrial conditions; and injuries in such work, formerly occasional, have now become frequent and inevitable.

*Now Therefore, The State of Maryland, exercising herein its police and

*The title and enacting clauses of Chapter 800, Acts of 1914, have been omitted from the Code, but are reprinted here.

sovereign power, declares that all phases of extra-hazardous employments be, and they are hereby withdrawn from private controversy, and sure and certain relief for workmen injured in extra-hazardous employments and their families and dependents are hereby provided for, regardless of questions of fault and to the exclusion of every other remedy, except as provided in this Act.

§ 1. State Industrial Accident Commission. A Commission is hereby created which shall be known as the State Industrial Accident Commission, to be composed of three Commissioners. Immediately upon the taking effect of this Article, the Governor shall appoint such Commissioners (not more than two of whom shall belong to the same political party). One of them shall hold office for the first two years, another for the first four years, and another for the first six years following the passage and approval of this Article. Thereafter the term shall be six years. Each Commissioner shall devote his entire time to the duties of the office, and shall not hold any position of trust or engage in any occupation or business interfering or inconsistent with his duties as such Commissioner, or serve on or under any committee of a political party. Each Commissioner shall hold office until his successor shall be appointed and shall have qualified. Vacancies shall be filled by the Governor for the unexpired term. A decision on any question arising under this Article concurred in by two of the Commissioners shall be the decision of the Commission. The Governor may at any time remove any Commissioner from office for inefficiency, neglect of duty or malfeasance in office. Before such removal he shall give such Commissioner a copy of the charges against him and shall fix a time when he can be heard in his own defense, either in person or by counsel, which shall not be less than ten days thereafter, and such hearing shall be open to the public. The Governor shall designate a member of said Commission as Chairman thereof. The principal office of the Commission shall be in the City of Baltimore but branch offices may be established at other places in the State for the purpose of administering this Article.

§ 2. A majority of the Commission shall constitute a quorum for the transaction of business, and a vacancy shall not impair the right of the remaining members to exercise all the powers of the full Commission, so long as a majority remains. Any investigation, inquiry or hearing which the Commission is authorized to hold, or undertake, may be held or undertaken by or before any one member of the Commission, and every order made by a member thereof, when approved and confirmed by a majority of the members and so shown on its record of proceedings, shall be deemed to be the order of the Commission.

§ 3. The salary of each of the Commissioners shall be three thousand dollars ($3,000.00) per annum, and shall be paid out of the State Treasury, and in addition to the said sum of $3,000 per annum, each of said Commissioners shall also receive the sum of $2,000 per annum which shall be paid out of its funds by the Mayor and City Council of Baltimore to each of said Commissioners as employes of said municipal corporation. In addition to the salary provided in this Section, each Commissioner shall be allowed his actual and necessary traveling and incidental expenses.

§ 4. The Commission shall be in continuous sessin and open for the transaction of business during all business hours of each and every day, excepting Sundays and legal holidays. All sessions shall be open to the public, and shall stand and be adjourned without further notice thereof on its record. All proceedings of the Commission shall be shown on its record of proceedings, which shall be a public record, and shall contain a record of each case considered and the award paid or allowed to any employe of the Commission, or to any other person for services. Provided, however, that any person in the employ of the Commission who shall divulge any information secured by him in respect to the transactions, property or business of any person, firm, company or corporation, association or joint partnership to any person other than the members of the Commission, shall be guilty of a misdemeanor, and subject to a fine of not less than $100 or more than $500 or imprisonment, not exceeding 18 months in the discretion of the Court, and shall thereafter be disqualified from holding any appointment or employment with the Commission.

§ 5. The Commission may employ a secretary, actuaries, accountants, inspectors, examiners, experts, clerks, stenographers and other assistants, and fix their compensation subject to the written approval of the Governor; such compensation shall be paid out of the appropriation in the State Treasury provided for in this Article. The secretary, actuaries, accountants, inspectors, examiners, experts, clerks, stenographers and other assistants that may be employed shall be entitled to receive their actual necessary expenses while traveling on the business of the Commission. Such expenses shall be itemized and sworn to by the person who incurred the expense, and allowed by the Commission. The Commission shall keep and maintain its main office and such branch offices as it shall deem proper and necessary for the administration of the Article, and shall provide suitable rooms, necessary office furniture, supplies, books, periodicals and maps for the same. All necessary expenses shall be audited and paid out of the appropriation in the State Treasury provided for in this Article. It shall provide itself with a seal for the authentication of its orders, awards and proceedings, upon which shall be inscribed the words "State Industrial Accident Commission, State of Maryland-Official Seal.”

Each member of the Commission and each person appointed to office or employment by the Commission shall before entering upon the duties of his office or employment take and subscribe the constitutional oath of office.

§ 6. The Secretary of the Commission shall keep and maintain a full and true record of all proceedings of the Commission, of all documents or papers ordered filed by the Commission or by its rules, of decisions or orders made by any member of the Commission and of all decisions or orders made by the Commission or approved and confirmed by it and ordered filed, and he shall be responsible to the Commission for the safe custody and preservation of all such documents at its office. He shall have the power to administer oaths in all parts of the State, so far as the exercise of such power is properly incident to the performance of his duty or that of the Commission. He may designate, from time to time with the approval of the Commission,

one of the clerks of the office appointed by the Commission to exercise the powers and duties of the secretary during his absence. Under the direction of the Commission, the secretary shall have general charge of its office, superintend its clerical business and perform such other duties as the Commission may prescribe.

§ 7. Each member of the Commission, the Secretary thereof, and any special examiner or inspector shall for the purpose contemplated by this Article have power to issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within or without the State of Maryland as now provided by law, compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. If a person in attendance before the Commission or a Commissioner refuse, without reasonable cause, to be examined or to answer a legal and pertinent question, or to produce a book or paper when ordered to do so by the Commission, the Commission may apply to any Judge of the Supreme Bench of Baltimore City, or of the Circuit Court of any County, upon proof by affidavit of the fact, for a rule or order returnable in not less than two or more than five days, directing such person to show cause before the Judge who made the order, or any other Judge aforesaid, why he should not be committed to jail; upon the return of such order, the Judge before whom the matter and such person shall come on for a hearing shall examine under oath such person and such person shall be given an opportunity to be heard; and if the Judge shall determine that such person has refused, without reasonable cause or legal excuse, to be examined or to answer a legal or pertinent question, or to produce a book or paper which he was ordered to bring or produce, he may forthwith commit the offender to jail, there to remain until he submits to do the act which he was so required to do, or is discharged according to law.

No person shall be excused from testifying or from producing any books or papers or documents in any investigation or inquiry by or upon any hearing before the Commission or any Commissioner, when ordered to do so by the Commission or its Secretary upon the ground that the testimony or evidence, books, papers, or documents required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have, by order of the Commission or a Commissioner or its inspector or examiner, testified to or produced documentary evidence of; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.

§ 8. Each officer who serves such subpoena shall receive the same fee as the Sheriff would receive in the county or city where said witness is subpœnaed, and each witness who appears in obedience to a subpoena, before the Commission or an inspector or an examiner, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in the Circuit Courts of the Counties or the Common Law Courts of Baltimore City, as of the place where he gives his testimony, which shall be audited and paid from

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