« ForrigeFortsett »
(g) Either party may present a certified copy of the decision of the Industrial Board, when no proceedings for review thereof have been taken, or of the decision of such arbitrator or committee of arbitration when no claim for review is made, or of the decision of the Industrial Board after hearing upon review, providing for the payment of compensation according to this Act, to the circuit court of the county in which such accident occurred or either of the parties are residents, whereupon such court shall render a judgment in accordance therewith ; and in cases where the employer does not institute proceedings for review of the decision of the Industrial Board and refuses to pay compensation according to the award upon which such judgment is entered, the court shall, in entering judgment thereon, tax as costs against him the reasonable costs and attorney fees in the arbitration proceedings and in the court entering the judgment, for the person in whose favor the judgment is entered, which judgment and costs, taxed as herein provided shall, until and unless set aside, have the same effect as though duly rendered in an action duly tried and determined by said court, and shall, with like effect, be entered and docketed. The circuit court shall have power, at any time, upon application, to make any such judgment conform to any modification required by any subsequent decision of the Supreme Court upon appeal, or as the result of any subsequent proceedings for review, as provided in this Act.
Judgment shall not be entered until fifteen days' notice of the time and place of the application for the entry of judgment shall be served upon the employer by filing such notice with the Industrial Board; which board shall, in case it has on file the address of the employer or the name and address of its agent, upon whom notices may be served, immediately send a copy of the notice to the employer or such designated agent; and no judgment shall be entered in the event the employer shall file with the said board its bond, with good and sufficient surety in double the amount of the award, conditioned upon the payment of said award in the event the said employer shall fail to prosecute with effect proceedings for review of the decision, or the said decision, upon review, shall be affirmed.
(h) An agreement or award under this Act, providing for compensation in installments, may at any time within eighteen months after such agreement or award be reviewed by the Industrial Board at the request of either the employer or the employee, on the ground that the disability of the employee has subsequently recurred, increased, diminished or ended; and on such review, compensation payments may be re-established, increased, diminished or ended: Provided, that the board shall give fifteen days’ notice to the parties of the hearing for review: And provided, further, any employee, upon any petition for such a review being filed by the employer, shall be entitled to one day's notice for each one hundred miles necessary to be traveled by him in attending the hearings of the board upon said petition and three days in addition thereto, and such employee shall, at the discretion of the board, also be entitled to five cents per mile necessarily traveled by him in attending such hearing, not to exceed a distance of 300 miles, to be taxed by the board as costs and deposited with the petition of the employer.
(i) Each party, upon taking any proceedings or steps whatsoever before any arbitrator, committee of arbitration, industrial board or court, shall file with the Industrial Board his address, or the name and address of an agent upon whom all notices to be given to such party shall be served, either personally or by registered mail addressed to such party or agent at the last address so filed with the Industrial Board: Provided, that in the event such party has not filed his address, or the name and address of an agent, as above provided, service of any notice may be had by filing such notice with the Industrial Board.
§ 21. No payment, claim, award or decision under this Act shall be assignable or subject to any lien, attachment or garnishment, or be held liable in any way for any lien, debt, penalty or damages. In case of insolvency of the employer, every decision of the Industrial Board for compensation under this Act shall, upon the filing of a certified copy of the decision with the recorder of deeds of the county, constitute a lien upon all property of the employer within said county, paramount to all other claims or liens, except for wages and taxes, and mortgages or trust deeds, and such liens shall be enforced by order of the court. Any right to receive compensation hereunder shall be extinguished by the death of the person or persons entitled thereto, subject to the provisions of this Act relative to compensation for death received in the course of employment: Provided, that upon the death of a beneficiary, who is receiving compensation provided for in section 7, leaving surviving a parent, sister or brother of the deceased employee, at a time of his death dependent upon him for support, who were receiving from such beneficiary a contribution to support, then that proportion of the compensation of the beneficiary which would have been paid but for the death of the beneficiary, but in no event exceeding said unpaid compensation, which the contribution of the beneficiary to the dependent's support within one year prior to the death of the beneficiary bears to the compensation of the beneficiary within that year, shall be continued for the benefit of such dependents, notwithstanding the death of the beneficiary.
§ 26. (a) An employer who elects to provide and pay the compensation provided for in this Act, shall, within ten (10) days of receipt by the employer of a written demand by the Industrial Board, (1) file with the board a sworn statement showing his financial ability to pay the compensation provided for in this Act, normally required to be paid, or (2) furnish security, indemnity or a bond guaranteeing the payment by the employer of the compensation provided for in this Act, normally required to be paid, or (3) insure to a reasonable amount his normal liability to pay such compensation in some corporation, association or organization authorized, licensed or permitted to do such insurance business in this State, or (4) make some other provisions for the securing of the payment of compensation provided for in this Act, normally required to be paid, and shall, within twenty (20) days of the receipt of such written demand, furnish to the board evidence of his compliance with one of the above alternatives: Provided, that the sworn statement of financial ability, or security, indemnity or bond, or amount of insurance or other provision, filed, furnished, carried or made by the employer, as the case may be, shall be subject to the approval of the board, upon the approval of which the board shall send to the employer written notice of its approval thereof: And provided, further, that demand shall not be made upon the employer by the board oftener than once in any calendar year. (b) If no sworn statement or no security, indemnity or bond, or no insurance, is filed, furnished or carried, or other provisions made by the employer within ten (10) days of receipt by the employer of the written demand provided for in paragraph (a), or if the statement, security, indemnity, bond or amount of insurance filed, furnished or carried, or other provision made by the employer, as provided in paragraph (a), shall not be approved by the board, and written notice of such non-approval shall be given to the employer and the employer shall not comply with one of the alternatives of paragraph (a) of this section within ten (10) days after the receipt by the employer of such written notice of non-approval, then the employer shall shall be liable for compensation to any injured employee, or his personal representative, according to the terms of this Act, or for damages in the same manner as if the employer had elected not to accept this Act, at the option of such employee, or his personal representative: Provided, such option is exercised and written notice thereof is given to the employer within thirty (30) days after the accident to such employee; otherwise the employer shall be liable only for the compensation payable according to the provisions of this Act: And, provided, further, that if at any time thereafter the employer shall comply with any of the alternatives of paragraph (a), then as to all accidents occurring after the said compliance, the employer shall only be liable for compensation according to the terms of this Act: And provided, further, that, upon the failure of any employer to comply with the provisions of this section, the Industrial Board may, for the purpose of furnishing notice to the employees of such employer, publish the fact of such failure by such employer in any newspaper having a general circulation in the county where such employer does business. § 33%. This Act may be cited as the Workmen's Compensation Act. APPROVED June 28th, 1915.
EMPLOYMENT OFFICES AND AGENCIES-ACT OF 1903 AMENDED.
§ 1. Amends sections 1,2,3,4,5,7 and 13, and adds
sections 1a, 1b, 1c, and 4a to Act of 1903.
§ 1. Creation of free employment offices
§ 1a. Advisory board — appointment—
§ 3. Opening offices—sign—register to be kept—what to contain.
§ 4. Superintendents to make reports as required by Secretary of the Bureau of Labor Statistics.
$ 4a. Annual report and statement by Secretary of Bureau of Labor Statistics.
board. § 5. Superintendent to advertise for § 1b. Local advisory board — compensa- such situations as he has applition. cants—information as to strike or lockout. § 10. Duties of advisory boards and sec
retary Bureau of Labor Statistics. § 7. No see to be charged person apply
ing for employment—penalty. § 2. Appointment of officers and their salaries. § 13. Printing, etc., furnished by State Board of Contracts.
§ 2. Repeal.
AN ACT to amend an Act entitled, “An Act relating to employment offices and agencies,” approved and in force May 11, 1903, as amended by subsequent Acts, by amending sections 1, 2, 3, 4, 5, 7 and 13 respectively thereof; by adding new sections thereto to be known as sections 1a, 1b, 1C and 4a; and to repeal section 6 thereof. SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That an Act entitled, “An Act relating to employment offices and agencies,” approved and in force May 11, 1903, as subsequently amended, be and the same is hereby amended by amending sections 1, 2, 3, 4, 5, 7 and 13 respectively thereof, and by adding new sections thereto to be known as sections 1a, 1b, 1c, and 4a; which amended sections and new sections shall read as follows: SECTION 1. That free employment offices are hereby created as follows: One in each city of not less than fifty thousand population; one in two or more contiguous cities or towns having an aggregate or combined population of not less than fifty thousand population, and in each city containing a population of one million or over, one central office with as many departments as would be practical to handle the various classes of labor and such branch offices not to exceed three at any one time, the location of branch offices to be approved by the Governor, for the purpose of receiving applications of persons seeking employment and applications of persons seeking to employ labor, such offices shall be designated and known as Illinois Free Employment offices. § 1a. There shall be established in connection with the Illinois Free Employment offices a General Advisory Board to consist of five members to be appointed by the Governor, by and with the advice and consent of the Senate, of whom two shall be representatives of employers, two shall be representatives of organized labor, and these four appointees shall be authorized to submit to the Governor a list of persons acceptable to them from among whom he may select the fifth member. Said members shall hold their offices for a term of five years, except that, of the members first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years, and all appointments thereafter shall be made for terms of five years. Said members of the board of managers shall serve without compensation, but each shall be allowed, for actual traveling expenses and other necessary expenses incident to their duties, not to exceed two hundred dollars per year, itemized accounts for which shall be submitted to and approved by the Auditor of Public Accounts before payment. A majority of their number shall constitute a quorum for the transaction of official business. They shall keep a record of their proceedings. Said General Advisory Board shall advise and co-operate with the secretary of the Bureau of Labor Statistics and with the general superintendent in Chicago in promoting the efficiency of the said Illinois Free Employment offices and in the investigation of the extent and causes of unemployment and the remedies therefor and devise and adopt the most effectual means within their power to provide employment and to prevent distress and involuntary idleness, and for that purpose they shall have power to co-operate with similar bureaus and commissions of other states, with the Federal employment office in the Department of Labor and with such municipal employment bureaus and exchanges as are now in operation or may hereafter be created. § 1b. The said General Advisory Board in co-operation with the said secretary of the Bureau of Labor Statistics, shall organize in connection with each office and branch office, a local advisory board of not more than five (5) members, one of whom shall represent the general public and the others in equal numbers shall represent employers and organized labor, these four to elect the fifth member of the board. The members of said local advisory boards shall serve without compensation and their functions shall be determined by rules of said General Advisory Board in co-operation with the said secretary of the Bureau of Labor Statistics. § 16. The said General Advisory Board in co-operation with the secretary of the Bureau of Labor Statistics and the local advisory boards shall place themselves in communication with large employers of labor, including municipal and other public authorities, and attempt to bring about such co-operation and co-ordination between them by the dovetailing of industries, by long time contracts, or otherwise, as will most effectually distribute and utilize the available supply of labor and keep it employed with the greatest possible constancy and regularity. They shall devise plans of operation with this object in view and shall seek to induce the organization of concerted movements in this direction. They shall also endeavor to enlist the aid of the Federal Government in extending these movements beyond the State. § 2. Within sixty days after this Act shall have been in force, the State Board of Commissioners of Labor shall recommend, and the Governor, with the advice and consent of the Senate, shall appoint a superintendent and assistant superintendent and a clerk for each of the offices created by section 1 of this Act, located in cities of less than one million population, who shall devote their entire time to the duties of their respective offices. The assistant superintendent or the clerk shall in each case be a woman. The tenure of such appointment shall