§ 31. Agreement for contribution by employee void.- No agreement by an employee to pay any portion of the premium paid by his employer to the state insurance fund or to contribute to a benefit fund or department maintained by such employer or to the cost of mutual insurance or other insurance, maintained for or carried for the purpose of providing compensation as herein required, shall be valid, and any employer who makes a deduction for such purpose from the wages or salary of any employee entitled to the benefits of this chapter shall be guilty of a misdemeanor. § 32. Waiver agreements void.— No agreement by an employee to waive his right to compensation under this chapter shall be valid. A contract provision by which each party exempts the other from all acts of fault or omission is ineffective: Powley v. Vivian & Co., 169 App. Div. 176. Compare Crotty v. Pa. R. R. Co., S. D. R., vol. 9, p. 364. § 33. Assignments; exemptions. Claims for compensation or benefits due under this chapter shall not be assigned, released or commuted except as provided by this chapter, and shall be exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. Compensation and benefits shall be paid only to employees or their dependents. Release of the employer by an administrator for a consideration does not debar dependents from compensation: Buell v. N. Y. C. & H. R. R. R. Co., S. D. R., vol. 6, pp. 361, 377. Compare Woodward v. Conklin & Son, 171 App. Div. 736; Jenkins v. Hogan & Sons, 177 App. Div. 41. An employee may not assign to his physician an award of compensation for medical treatment: Bloom v. Jaffe, 94 Misc. 222. § 34. Preferences. The right of compensation granted by this chapter 1and any awards made thereunder shall have the same preference or lien without limit of amount against the assets of the employer as is now or hereafter may be allowed by law for a claim for unpaid wages for labor. [As am'd by L. 1916, ch. 622.] 1 Words "and any awards made thereunder," inserted by L. 1916, ch. 622. ARTICLE 3 SECURITY FOR COMPENSATION Section 50. Security for payment of compensation. 51. Posting of notice regarding compensation. 53. Release from all liability. 54. The insurance contract. § 50. Security for payment of compensation.- An employer shall secure compensation to his employees in one of the following ways: 1. By insuring and keeping insured the payment of such compensation in the state fund, or 2. By insuring and keeping insured the payment of such compensation with any stock corporation or mutual association authorized to transact the business of workmen's compensation insurance in this state. If insurance be so effected in such a corporation or mutual association the employer shall forthwith file with the commission, in form prescribed by it, a notice specifying the name of such insurance corporation or mutual association 1and such information regarding the policies as the commission may require. [Subd. 2 am'd by L. 1916, ch. 622.] Words" and such information regarding the policies as the Commission may require" substituted for words "together with a copy of the contract or policy of insurance," by L. 1916, ch. 622. Mutual employers' liability and workmen's compensation corporations are governed by the insurance law, §§ 185-194, as added by L. 1913, ch. 832, and amended by L. 1915, ch. 506, and L 1917, ch. 264, and § 67, as added by L. 1914, ch. 16. 3. By furnishing satisfactory proof to the commission of his financial ability to pay such compensation for himself, in which case the commission may, in its discretion, require the deposit with the commission of securities of the kind prescribed in section thirteen of the insurance law, in an amount to be determined by the commission, to secure his liability to pay the compensation provided in this chapter. The commission may also require an agreement on the part of an employer to pay any awards commuted under section twenty-seven' of this act, into the special fund of the state fund, as a condition of his being allowed to remain uninsured pursuant to this section. 2The commission shall have the authority to revoke its consent furnished under this section at any time for good cause shown. 1 Following sentence inserted by L. 1917, ch. 705. 2 Following sentence added by L. 1916, ch. 622. If an employer fail to comply with this section, he shall be liable to a penalty during which such failure continues of 2an amount equal to the pro rata premium which would have been payable for insurance in the state fund for such period of noncompliance to be recovered in an action brought by the commission. 1 Words for every day " stricken out by L. 1914, ch. 316. 2 Words "an amount 66 of non-compliance" substituted for words one dollar for every employee," by L. 1914, ch. 316. The commission may, in its discretion, for good cause shown, remit any such penalty, provided the employer in default secure compensation as provided in this section. [Subd. 3 am'd by L. 1914, ch. 316; L. 1916, ch. 622; and L. 1917, ch. 705. Relative to failure to secure compensation, §§ 11, 50 and 52 should be read together. § 51. Posting of notice regarding compensation.- Every employer who has complied with section fifty of this chapter shall post and maintain in a conspicuous place or places in and about his place or places of business typewritten or printed notices in form prescribed by the commission, stating the fact that he has complied with all the rules and regulations of the commission and that he has secured the payment of compensation to his employees and their dependents in accordance with the provisions of this chapter. § 52. Effect of failure to secure compensation.- Failure to secure the payment of compensation shall 1constitute a misdemeanor and have the effect of enabling the injured employee, or 2in case of death, his dependents or legal representatives, to maintain an action for damages in the courts, as prescribed by section eleven of this chapter. [As am'd by L. 1916, ch. 622.] 1 Words constitute a misdemeanor and," inserted by L. 1916, ch. 622. 2 Words 3 Words in case of death," inserted by L. 1916, ch. 622. or legal representatives," inserted by L. 1916, ch. 622. Relative to failure to secure compensation, §§ 11, 50 and 52 should be read together; relative to words "dependents or legal representatives" compare note to 11. § 53. Release from all liability.- An employer securing the payment of compensation by contributing premiums to the state fund shall thereby become relieved from all liability for personal injuries or death sustained by his employees, and the persons entitled to compensation under this chapter shall have recourse therefor only to the state fund and not to the employer. An employer shall not otherwise be relieved from the liability for compensation prescribed by this chapter except by the payment thereof by himself or his insurance carrier. Compare 11. Release from all liability has been upheld by the Court of Appeals in Shanahan v. Monarch Engineering Co., 219 N. Y. 469. § 54. The insurance contract.-1. Right of recourse to the insurance carrier. Every policy of insurance covering the liability of the employer for compensation issued by a stock company or by a mutual association authorized to transact workmen's compensation insurance in this state shall contain a provision setting forth the right of the commission to enforce in the name of the people of the state of New York for the benefit of the person entitled to the compensation insured by the policy either by filing a separate application or by making the insurance carrier a party to the original application. the liability of the insurance carrier in whole or in part for the payment of such compensation; provided, however, that payment in whole or in part of such compensation by either the employer or the insurance carrier shall to the extent thereof be a bar to the recovery against the other of the amount so paid. 2. Knowledge and jurisdiction of the employer extended to cover the insurance carrier. Every such policy shall contain a provision that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier; that jurisdiction of the employer shall, for the purpose of this chapter, be juris diction of the insurance carrier and that the insurance carrier shall in al things be bound by and subject to the orders, findings, decisions or awardrendered against the employer for the payment of compensation under th provisions of this chapter. 3. Insolvency of employer does not release the insurance carrier. Every such policy shall contain a provision to the effect that the insolvency or bank. ruptcy of the employer shall not relieve the insurance carrier from the payment of compensation for injuries or death sustained by an employee during the life of such policy. 4. Limitation of indemnity agreements. Every contract or agreement of an employer the purpose of which is to indemnify him from loss or damage on account of the injury of an employee by accidental means, or on account of the negligence of such employer or his officer, agent or servant, shall be absolutely void unless it shall also cover liability for the payment of the com pensation provided for by this chapter. 5. Cancellation of insurance contracts. No contract of insurance issued by 1an insurance carrier against liability arising under this chapter shall be cancelled within the time limited in such contract for its expiration until at least ten days after 2a notice of scancellation of such contract, on a date specified in such notice, shall be filed in the office of the commission and also served on the employer. Such notice shall be served on the employer by delivering it to him or by sending it by mail, by registered letter, addressed to the employer at his or its last known place of residence; provided that, it the employer be a partnership, then such notice may be so given to any one of the partners, and if the employer be a corporation then the notice may be given to any agent or officer of the corporation upon whom legal process may be served. Provided, however, the right to cancellation of a policy of insurance in the state fund shall be exercised only for nonpayment of premiums. [Subd. 5 am'd by L. 1916, ch. 622.] 1 Words" an insurance carrier " substituted for words a stock company or mutual association," by L. 1916, ch. 622. Word "a," inserted by L. 1916, ch. 622. Words "cancellation of" substituted for words "intention to cancel," by L. 1916, ch. 622. Following sentence added by L. 1916, ch. 622. Sections 54 and 20 are to be read together. The Commission has full jurisdiction of disputes between employer and insurer according to an opinion of the Attorney-General rendered August 16, 1915. Compare Gibbons v. Tager Contracting Co., S. D. R., vol. 5, p. 434; 174 App. Div. 900; Bloom v. Tilin & Bleek, S. D. R., vol. 5, p. 441; Skoczlois v Vinocur, S. D. R., vol. 7, p. 443; 176 App. Div. 924 Hargraves v. Shevlin Mfg. Co., S. D. R., vol. 10, p. 641; and Newman v. Singer, Bul., vol. 2, p. 106. The ruling in the Hargraves case was unanimously affirmed by the Appellate Division, July 3, 1917; the decision in the Skoczlois case was reversed by the Court of Appeals, with opinion, July 11, 1917. 6. Any insurance carrier may issue policies, including with employees, employers who perform labor incidental to their occupations, such policies insuring to such employers the same compensations provided for their employees, and at the same rates; provided, however, that the estimation of their wage values, respectively, shall be reasonable and separately stated in and added to the valuation of their pay rolls upon which their premium is computed. The employer so insured shall have the same rights and remedies given an employee by this chapter. [Subd. 6 added by L. 1916, ch. 622.] ARTICLE 4 STATE WORKMEN'S COMPENSATION COMMISSION Section 60. State workmen's compensation commission.* 61. Secretary, deputies and other employees.* 62. Salaries and expenses. 63. Office. 64. Sessions of commission. 65. Powers of individual commissioners and deputy commissioners. 66. Powers and duties of secretary. 67. Rules. 68. Technical rules of evidence or procedure not required. 69. Issue of subpoena; penalty for failure to obey. 70. Recalcitrant witnesses punishable as for contempt. 71. Fees and mileage of witnesses. 72. Depositions. 73. Transcript of stenographer's minutes; effect as evidence. * §§ 60, 61, of the Workmen's Compensation Law were repealed, and the functions of the Workmen's Compensation Commission transferred to the newly created Industrial Commission, by L. 1915, ch. 674, §§ 2-8. For organization and functions of the Industrial Commission, compare Labor Law, §§ 40-52-e. Section 74. Jurisdiction of commission to be continuing. 75. Report of commission. 76. Commission to furnish blank forms. 77. Expenses of administering commission. § 62. 1Expenses.-2The commission may 3make the necessary expenditure to obtain statistical and other information to establish classifications of employments with respect to hazards and risks. The expenses of the commission, including the premiums to be paid by the state treasurer for the bond to be furnished by him, shall be paid out of the state treasury upon vouchers signed by at least two commissioners. [As am'd by L. 1915, ch. 674.] 1 Words "Salaries and," stricken out of side-title by L. 1915, ch. 674. 2 Words "The chairman of the commission shall receive an annual salary of ten thousand dollars, and each other commissioner, an annual salary of seven thousand dollars. The secretary shall receive an annual salary of five thousand dollars. The commissioners and their subordinates shall be entitled to their actual and necessary expenses while traveling on the business of the commission," stricken out by L. 1915, ch. 674. Word also," stricken out by L. 1915, ch. 674. Words "salaries and compensation of the subordinates and all other," stricken out by L. 1915, ch. 674. § 63. Office.- The commission shall keep and maintain its principal office in the city of Albany, in rooms in the capitol assigned by the trustees of public buildings. The office shall be supplied with necessary office furniture, supplies, books, maps, stationery, telephone connections and other necessary appliances, at the expense of the state, payable in the same manner as other expenses of the commission. § 64. Sessions of commission.- The commission shall be in continuous session and open for the transaction of business during all business hours of every day excepting Sundays and legal holidays. All sessions shall be open to the public and may be adjourned, upon entry thereof in its records, without further notice. Whenever convenience of parties will be promoted or delay and expense prevented, the commission may hold sessions in cities other than the city of Albany. A party may appear before such commission and be heard in person or by attorney. Every vote and official act of the commission shall be entered of record, and the records shall contain a record of each case considered, and the award, decision or order made with respect thereto, and all voting shall be by the calling of each commissioner's name by the secretary and each vote shall be recorded as cast. A majority of the commission shall constitute a quorum. A vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the full commission so long as a majority remains. Information acquired by the Commission from employers or employees is not open to public inspection, § 105. For practice of the Commission relative to its sessions compare Bul., vol. 1. No. 3, p. 2, No. 7, p. 1, No. 8, p. 15, No. 9, p. 52, No. 10, p. 1; vol. 2, p. 50. § 65. Powers of individual commissioners and deputy commissioners.Any investigation, inquiry or hearing which the commission is authorized to hold or undertake may be held or taken by or before any commissione": or deputy commissioner, and the award, decision or order of a commissioner or deputy commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be deemed to be the award, decision or |