atory provisions of Sections 2, 4, 5 and 6 of this act shall apply only to injuries occurring after they shall go into effect. Sec. 6604-32 12. Emergency. This act is necessary for the immediate preservation of the public health and safety and shall take effect immediately. Passed the House, March 3, 1919. II. MEDICAL AID ACT Section 6604-33. It is the intent to require the industries of the state to furnish medical, surgical and hospital care to their injured workmen and to place the expense thereof upon each industry and upon each establishment in such industry as near as may be in the proportion in which it produces injury and creates expense. To this end the division of industrial insur Classificaance shall divide the industries of the state into five classes rep tion of industries. resenting five degrees in the causation of injury and consequent expense for the medical, surgical and hospital care thereof, and said classes to be designated respectively: Class A, Class B, Class C, Class D, Class E. The industries shall be distributed into these classes as follows: In Class C, those industries which produce nearest the average degree of causation and expense; in Class A, those which produce nearest one-half of such average; in Class B, those which produce nearest three-fourths of such average; in Class D, those which produce one and one-fourth times such average; in Class E, those which produce nearest one and one-half times such average. The director of labor and industries through and by means of the division of industrial insurance shall annually, before January 1st of each year, fix ior the ensuing year, the rate which each firm shall pay into Morit rating of industhe medical aid fund, which rate may be increased or decreased, tries. based upon the cost experience of such firm for the preceding year, within the limits of payment now existing as follows: When the accident cost to the medical aid fund of an employer be not less than 76% or more than 90% of his contribution his medical aid rate shall remain the same. When the accident cost to the medical aid fund of an employer be not less than 51% nor more than 76% of his contribution his medical aid rate shall be reduced to the next lower rate. When the accident cost to the medical aid fund of an employer be not less than 26% nor more than 51% of his contribution his medical aid rate shall be reduced to the second next lower rate. When the accident cost to NOTE.-By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Industrial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commissioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Depart: ment of Labor and Industries under Sec. 10893. the medical aid fund of an employer be not less than 90% nor That for the purpose of carrying out the intent of this section In no case shall the reduction in one year be greater than two classes and in no case shall the advance in one year be greater than two classes: Provided, That the annual re-rating directed herein shall not apply to establishments under contracts with physicians, surgeons or owners of hospitals operating the Appeal from same while such contract is in effect. From the original classiclassifica fication or any change made therein any employer or workman tion. claiming to be aggrieved may upon application, have a hearing In changing classification the medical aid board is limited to NOTE.—By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Industrial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commissioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Department of Labor and Industries under Sec. 10893. Sec. 6604-34. Creation of Medical Aid Fund. A fund is hereby created in the state treasury to be known as the medical aid fund. Into it shall be paid by each employer on or before the fifteenth day of June, 1917, and on or before the fifteenth day of each month thereafter for each day's work or fraction thereof done for him in extra-hazardous employment in or during the preceding calendar month the following amount, to-wit: In class A one cent, in class B one and one-half cents, in Rate of class C two cents, in class D two and one-half cents and in class contribution. E three cents. Any such monthly payment in any class may be omitted for and during any month or months if the State Medi- Omission of cal Aid Board* shall certify that the accumulated fund is sufficient contribu tions. to permit such omission. Any monthly payment may be increased by the State Medical Aid Board* if they find, and to the extent to which they find the fund on hand, together with the current payments, will be insufficient to meet the anticipated demands thereon for the ensuing month. Notice of any such increase shall be mailed to each employer at least twenty days prior to the date of payment, and shall be communicated by the employer to his employees. The employer shall deduct from the pay of Collection of each of his workmen engaged in extra-hazardous work one-half payments. of the amount the employer is required by the foregoing provision of this section to pay into said fund for or on account of the employment of such workman. The collection of the payments in this section provided for, and the keeping of accounts of collection, shall be in the hands and within the powers and duties of the State Industrial Insurance Commission,* and the expense of such bookkeeping, collection, necessary auditing and investigation of payrolls, shall be paid out of the administration fund of said Commission.* The files and records of the Industrial Insurance Department* and those of the State Medical Aid Board* shall be subject to the reasonable use thereof by the other body, and the Industrial Insurance Department* shall furnish the State Medical Aid Board* all data available to the department required by the state board. (L. '19, Ch. 129.) NOTE.—By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Industrial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commissioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Department of Labor and Industries under Sec. 10893. Sec. 6604-35. Medical, Surgical and Hospital Treatment. Upon the occurrence, after June 30, 1917, of any injury to a Limitation workman entitled to compensation under the provisions of said of treatment. Section 6604, he shall receive in addition to such compensation, and out of the medical aid fund, proper and necessary medical and surgical services, at the hands of a physician of his own choice if conveniently located and proper and necessary hospital care and services during the period of his disability from such injury, but the same shall be limited in point of duration as follows: In the case of permanent partial disability not to extend beyond the date when compensation shall be awarded him out of the accident fund, in case of temporary disability not to extend beyond the time when the monthly allowances to him out of the accident fund shall cease, in case of a permanent total disability not to extend beyond the date on which a lump sum settlement is Written made with him or he is placed upon the permanent pension roll. order for But after any injured workman shall have returned to his work continuation of treat- his medical and surgical treatment may be continued at the exment. pense of the medical aid fund if, and as long as, such continuation is deemed by the supervisor of industrial insurance to be necessary to his complete recovery. In order to authorize such continued treatment in any case the written order of the supervi sor of industrial insurance issued in advance of the continuation First aid shall be necessary. Every employer, who employs less than fifty kits and stations. workmen, shall keep at his plant a first aid kit equipped as required by the state board with materials for first aid to his injured workmen. Every employer, who employs within a radius of one-half mile of any plant or establishment fifty or more workmen, shall keep one first aid station equipped as required by the state board with materials for first aid to his Maintenance injured workmen. The maintenance of such first aid kits and of first aid kits and sta- stations shall be deemed to be a part of any educational standards tions. established under the provisions of section 6604-55 and 6604-57. When the injury to any workman is so serious as to require his being taken from the place of injury to a place of treatment, his employer shall, at his own expense and without charge against Artificial the medical aid fund, furnish transportation to the nearest eye or limb furnished. place of proper treatment. Every workman whose injury shall NOTE.-By the Administrative Code, Sec. 10836, the Director of Labor and Industries is given the powers and duties of the Industrial Insurance Commission, State Medical Aid Board and Local Aid Boards through the Division of Industrial Insurance; he is given the powers and duties of the State Safety Board, the State Mine Inspector, and the factory inspection of the State Labor Commissioner, under the Division of Safety, by Sec. 10838; and the other powers and duties of the State Labor Commissioner, through the Division of Industrial Relations, by Sec. 10839. These various boards and departments are abolished and merged in the Department of Labor and Industries under Sec. 10893. |