« ForrigeFortsett »
(d) If any employee shall persist in insanitary or injurious practices which tend to either imperil or retard his recovery or shall refuse to submit to such medical or surgical treatment as is reasonably essential to promote his recovery, the commission may, in its discretion, reduce or suspend the compensation of any such injured employee. (e) If a petition for review and agreed statement of facts or stenographic report is filed, as provided herein, the Industrial Commission shall promptly review the decision of the arbitrator or committee of arbitration and all questions of law or fact which appear from the said statement of facts or stenographic report, and such additional evidence as the parties may submit. After such hearing upon review, the commission shall file in its office its decision thereon, and shall immediately send to each party or his attorney a copy of such decision and a notification of the time when it was filed. Such review and hearing may be held in its office or elsewhere as the commission may deem advisable: Provided, that the taking of testimony on such hearing may be had before any member of the commission and in the event either of the parties may desire an argument before others of the commission such argument may be had upon written demand therefor filed with the commission within five days after the commencement of such taking of testimony, in which event such argument shall be had before not less than a majority of the commission: Provided, that the commission shall give ten days' notice to the parties or their attorneys of the time and place of such taking of testimony and of such argument. In any case the commission in its decision may in its discretion find specially upon any question or questions of law or fact which shall be submitted in writing by either party, whether ultimate or otherwise. Any party may, within twenty days after receipt of notice of the commission’s decision, or within such further time, not exceeding thirty days, as the commission may grant, file with the commission either an agreed statement of the facts appearing upon the hearing, or, if such party shall so elect a correct stenographic report of the additional proceedings presented before the commission, in which report the party may embody a correct statement of such other proceedings in the case as such party may desire to have reviewed, such statement of facts or stenographic report to be authenticated by the signature of the parties or their attorneys, and in the event that they do not agree, then the authentication of such stenographic report shall be by the signature of any member of the commission. The applications for adjustment of claim and other documents in the nature of pleadings filed by either party, together with the decisions of the arbitrator and of the Industrial Commission and the statement of facts or stenographic reports heroinbefore provided for in paragraphs (b) and (c) shall be the record of the proceedings of said commission, and shall be subject to review as hereinafter provided. (f) The decision of the Industrial Commission, acting within its powers, according to the provisions of paragraph (e) of this section shall, in the absence of fraud, be conclusive, unless reviewed as in this paragraph hereinafter provided. (1) The Circuit Court of the county where any of the parties defendant may be found shall by writ of certiorari to the Industrial Commission have power to review all questions of law presented by such record, except such as arise in a proceeding in which under paragraph (b) of this section a decision of the arbitrator or committee of arbitration has become the decision of the Industrial Commission. Such writ shall be issued by the clerk of such court upon praecipe. Service upon any member of the Industrial Commission or the secretary thereof shall be service on the commission and service upon other parties interested shall be by scire facias, or service may be made upon said commission and other parties in interest by mailing notice of the commencement of the proceedings and the return day of the writ to the office of said commission and the last known place of residence of the other parties in interest at least ten days before the return day of said writ. Such suit by writ of certiorari shall be commenced within twenty days of the receipt of notice of the decision of the commission. The Industrial Commission shall not be required to certify the record of their proceedings to the Circuit Court, unless the party commencing the proceedings for review in the Circuit Court, as above provided, shall pay to the commission the sum of five cents per one hundred words of testimony taken before said commission and three cents per one hundred words of all other matters contained in such record. (2) No such writ of certiorari shall issue unless the one against whom the Industrial Commission shall have rendered an award for the payment of money shall upon the filing of his praecipe for such writ filed with the clerk of said court a bond conditioned that if he shall not successfully prosecute said writ, he will pay the said award, and the costs of the proceedings in said court. The amount of the bond shall be fixed by any member of the Industrial Commission and the surety or sureties on said bond shall be approved by the clerk of said court. The court may confirm or set aside the decision of the Industrial Commission. If the decision is set aside and the facts found in the proceedings before the commission are sufficient, the court may enter such decision as is justified by law, or may remand the cause to the Industrial Commission for further proceedings, and may state the questions requiring further hearing, and give such other instructions as may be proper. Judgments and orders of the Circuit Court under this Act shall be reviewed only by the Supreme Court upon a writ of error which the Supreme Court in its discretion may order to issue, if applied for not later than the second day of the first term of the Supreme Court following the rendition of the Circuit Court judgment or order sought to be reviewed, provided that if the first day of said term is less than thirty days from the rendition of said judgment or order, then application for said writ of error may be made not later than the second day of the second term following the rendition of said judgment or order. The writ of error when issued shall operate as a supersedeas.
The bond filed with the praecipe for the write of certiorari as provided in this paragraph shall operate as a stay of the judgment or order of the Circuit Court until the time shall have passed within which an application for a writ of error can be made, and until the Supreme Court has acted upon the application for a writ of error, if such application is made. The decision of a majority of the members of a committee of arbitration or of the Industrial Commission shall be considered the decision of such committee or commission, respectively. (g) Either party may present a certified copy of the decision of the Industrial Commission, 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 Commission 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 said court shall render a judgment in accordance therewith ; and in case where the employer does not institute proceedings for review of the decision of the Industrial Commission 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 Commission which commission 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 he entered in the event the employer shall file with the said commission 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 Commission 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 commission shall give fifteen days’ notice to the parties of the hearing for review: And provided further, any employee, upon any petition for such 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 hearing of the commission upon said petition and three days in addition thereto, and such employee, shall, at the discretion of the commission, 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 commission 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 Commission or court, shall file with the Industrial Commission 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 Commission : 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 Commission. (j) Whenever in any proceeding testimony has been taken or a final decision has been rendered, and after the taking of such testimony, or after such decision has become final, the injured employee dies, then in any subsequent proceeding brought by the personal representative or beneficiaries of the deceased employee, such testimony in the former proceeding may be introduced with the same force and effect as though the witness having so testified were present in person in such subsequent proceeding and such final decision, if any shall be taken as a final adjudication of any of the issues which are the same in both proceedings. (k) In any case where there has been any unreasonable or vexatious delay of payment or intentional underpayment of compensation, or proceedings have been instituted or carried on by the one liable to pay the compensation, which do not present a real controversy, but are merely frivolous or for delay, then the commission may award compensation additional to that otherwise payable under this Act equal to fifty percentum of the amount payable at the time of such award. § 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. A decision or award of the Industrial Commission against an employer for compensation under this Act, or a written agreement by an employer to pay such compensation shall, upon the filing of a certified copy of the decision or said agreement, as the case may be, 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 mortgages, trust deeds, or for wages or taxes, and such liens may
be enforced in the manner provided for the foreclosure of mortgages under the laws of this State. 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 benficiary, who is receiving compensation provided for in section 7, leaving surviving a parent, sister or brother of the deceased employee, at the 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 benificiary, 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. § 24. No proceedings for compensation under this Act shall be maintained unless notice of the accident has been given to the employer as soon as practicable, but not later than 30 days after the accident. In cases of mental incapacity of the employee, notice must be given within six months after such accident. No defect or inaccuracy of such notice shall be a bar to the maintenance of proceedings by arbitration or otherwise by the employee, unless the employer proves that he is unduly prejudiced in such proceedings by such defect or inaccuracy. Notice of the accident shall state the name and address of the employee injured, the approximate date and place of the accident, if known, and in simple language the cause thereof; which notice may be served personally or by registered mail, addressed to the employer at his last known residence or place of business: Provided, that the failure on the part of any person entitled to such compensation to give such notice shall not relieve the employer from his liability for such compensation, when the facts and circumstances of such accident are known to such employer, his agent or vice principal in the enterprise. No proceedings for compensation under this Act shall be maintained unless claim for compensation has been made within six months after the accident, or in the event that payments have been made under the provisions of this Act unless written claim for compensation has been made within six months after such payments have ceased and a receipt therefor or a statement of the amount of compensation paid shall have been filed with the commission: Provided, that no employee who after the accident returns to the employment of the employer in whose services he was injured shall be barred for failure to make such claim if an application for adjustment of such claim is filed with the Industrial Commission within eighteen months after he returns to such employmont and the said commission shall give notice to the employer of the filing of such application in the manner provided in this Act. § 26. (a) . Any employer who shall come within the provisions of section 3 of this Act, and any other employer who shall elect to provide and pay the compensation provided for in this Act shall: