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in a proper cemetery, which may be chosen by the friends of the
decedent. Medical exam. Sec. 73. Any workman claiming compensation under the provisions of inations.
this chapter shall, if requested by the employer, or upon written notice by him given to the employer, submit himself for bodily examination by some competent licensed medical practitioner or surgeon of the county in which the workman then resides, to ascertain and determine the nature, character, extent, and effect of the injury to such workman at the time of such examination for the purpose of ascertaining the semimonthly compensation then and thereaiter to be made. The employer or the workman not having requested the examination may have present at the examination a medical representative, by him chosen. Each party shall pay his chosen representative the expenses of such examination. The said notice shall be given at least ten (10) days before the date fixed for the examination, and the place shall be convenient for the workman to be examined. In case the employer is a corporation, the notice may be served on any officer or agent thereof in the said county, and if none there, then elsewhere in the State. The examiner shall make a verified report in writing in duplicate within ten (10) days after the examination and furnish one copy to the employer and one to the workman. If any workman neglects or refuses to submit to an examination, his right to compensation, if any, shall be suspended until he notifies the employer in writing of his readiness to submit thereto. No persons other than the physicians and surgeons aforesaid shall attend any examination except by agreement of the parties. If the employer and the workman each have an examiner, and they shall agree upon and join in a report, the same shall be conclusive so long as it remains in force. If either the employer or the employee, having opportunity, fails to provide an examiner, then the report of the examiner making such examination shall likewise be conclusive so long as the same remains in force. If the workman and the employer each have an examiner present, and they disagree as to the nature, character, extent, or effect of the injury, and the degree of incapacity, if any, for labor on the part of the workman at the time of such examination, then they shall join in a written report stating the matters in which they agree, and in which they disagree, and mutually select some disinterested medical practitioner or surgeon of the county, to whom the same shall be referred, and who shall proceed promptly to make an examination of the workman as to the matters in disagreement, and the same shall be conclusive so long as such report remains in force, which report shall be made by such disinterested examiner and verified, and a copy thereof furnished to the employer and the workman. For making such examination, such examiner shall be entitled to a fee of ten dollars ($10), to be paid one-half by the employer and one-half by the workman at the time of such examination. Such examination may be required by the workman or the employer at periods not shorter than three months from the date of the last examination. The report of any examination shall supersede all previous reports. When there is disagreement between the examiners aforesaid, and they can not agree upon a third person as above provided, then it shall be the duty of the chairman of the board of supervisors of the county, on written notice of either the workman or employer, to appoint some licensed medical practitioner or surgeon, who shall be a resident of the county, to make such examination, and said appointee shall be entitled to the same
Sec. 74. Every workman seeking compensation under the provisions of this chapter, where the same is not fatal or does not render him incompetent to give the notice, shall, within two weeks after the day of the accident, give notice in writing to the employer, or his representative employing such workman, or to the foreman or other employee of the employer under whom he was working at the time of the accident, and before the workman has voluntarily left the service of the employer and during his disability. The notice shall state (1) the name and address of such workman, (2) the date and place of the accident, (3) and state in simple words the cause thereof, (4) the nature and degree of the injury sustained, (5)and that compensation is claimed under this chapter. The notice may be written and served personally by the workman or by any one in his behalf on any person named above in this section, or by mail, postpaid, to such person, addressed to the office, place of business or residence of the person notified. No want or defect or inaccuracy of the notice shall be a bar to the right of the workman to claim and receive compensation under this chapter, or to maintain any proceeding to secure the same, unless the employer proves that he has been seriously prejudiced by such lack of notice. No compensation shall be claimed or allowed so long as such notice is not given. If the workman is killed, or otherwise rendered incompetent to give the notice, the same is not hereby required, nor is any notice required to be given by the personal representative of such deceased person. It shall be the duty of any one giving a notice as in this section provided, to mail a duplicate copy to the attorney general of this State. and employees may, by agreement, at any time during the employment, accept and adopt the provisions of this chapter as to liability for accident, compensation, and the methods and means of paying and securing and enforcing the same. And in every such case the provisions of this chapter shall be taken in law and fact to bind the parties as fully as if they were specifically mentioned and embraced in the provisions of this chapter.
Sec. 75. Any question which may arise between the employer and Settlement of the workman or his personal representative, under this chapter, shall disputes. be determined either (1) by written agreement between the parties, or (2) by arbitration, or (3) by reference and submission to the attorney general of this State; and in case of a refusal or failure of the employer and workman, or such personal representative, to agree upon a settlement by either of the modes above provided, then by a civil action at law, showing such refusal or failure as a reason for suit. If any employer fails to make and pay compensation, as in this chapter provided, for a period of three months after the date of the accident, or for any two months or more after payment of the last monthly compensation, then the injured workman, if surviving, or the personal representative, in case of death, may bring an action in any court of competent juris- Enforcement of diction to recover and enforce the compensation herein provided. Claims. Such action shall be conducted as near as may be in the same manner as other civil actions at law. The action shall be brought within one Limitation year after the happening of the accident, or after the nonpayment of any semimonthly installment theretofore fixed by agreement or otherwise; or within one year after the appointment of a personal representative of the decedent. The judgment in such action, when in favor of the plaintiff, shall be for a sum equal to the amount of payments then due and prospectively due under the provisions of this chapter. The judgment shall be for the total amount thereof and collectible without relief from valuation or appraisement laws. And the court awarding the judgment shall, by proper order, direct that the same shall be paid ratably to the workman, if living, in semimonthly install- Payments. ments until the determination of the periods provided in this chapter the same as if such payments were being made voluntarily or without suit in conformity with this chapter. The judgment by agreement, if it appears to the court to be for the best interests of the workman, may be paid in lump and not otherwise. The court rendering the judgment is hereby given power from time to time to make such orders touching the matter of payments as may appear best to provide for the maintenance and support of the workman and his family during his infirmity, and for his and their benefit and security. The employer shall have the right to stay the judgment in whole, whether the same is to be paid in lump sum or monthly installments, upon securing the eame by one or more freehold sureties or a surety company, to be approved by the court rendering the judgment, who shall enter into a recognizance acknowledging themselves bound for the defendant for the payment of the judgment in lump or in partial payments as the same is, or shall be made, payable, together with interest and costs. On failure of any one or more of such payments by the employer, execution may issue out of said court and cause, against such deiendant, and his bail from time to time leviable and collectible without relief from valuation or appraisement or stay laws. The recognizance shall be written upon the order book of the court and immediately following the entry of the judgment and signed by such bail and docketed in the judgment docket of the court against such defendant and bailors, which shall bind the property of the same in the same manner as the judgment binds the property of the employer. In an action by a personal representative of a deceased workman, the court shall determine the proportions of the judgment, whether in lump or in installments, to be distributed between the widow and child, or Distribution.
children, with power to alter and amend the proportionment from time to time on petition of any party interested as the court may deem best for the support, maintenance, and education of such widow
and children. Attorney's fees. In any action under this chapter the court shall fix and allow. at
the time of entering the judgment against the employer, a reasonal,le fee to the workman's attorney, to be taxed against the employer as costs, and collectible in the same manner. From such allowance there shall be no right of appeal. Such attorney shall have no claiin for compensation upon the judgment or its proceeds, other than as herein provided. But no allowance, or any fee payable by the workman to an attorney for services, or any fee payable by the workman to an attorney for services in securing a recovery or disbursement, shall ever exceed twenty-five (25) per centum of the principal of the sum, recovered; and the same shall not be made a lien on the recovery of its proceeds, except as may be determined and allowed and fixeil
by the court. Payments are 'Sec. 76. Any workman entitled to monthly or other payments from preferred claims.
or to any judgment against any employer as above provided, as compensation shall have the same preferential claim therefor against the property and assets of the employer and any bailor, as now is allower! by law for unpaid wages or personal services. No judgment or any part thereof, nor monthly payments due, or coming due, under this chapter shall be assignable by the workman or subject to mortgage, levy, execution, or attachment. But the same shall stand as a continuing provision for the maintenance and support of such injured
workman during his incapacity for the periods provided in this chapter. Mental incom Sec. 77. In case an injured workman, having a right of action under petence.
the provisions of this chapter, shall be mentally incompetent at the time when any right or privilege accrues thereunder to him, a guardian may be appointed by any court having jurisdiction, to secure and protect the rights of such workman; and the guardian may claim and exercise any and all of such rights or privileges with the same force and effect as if the workman himself had been competent and had claimed or exercised any such right or privilege; and no limitation of time provided in any of the foregoing sections shall run so long as said incompetent
workman has no guardian. Effect of act. Sec. 78. This chapter shall be construed as a continuation of the law
contained in chapter 14 of the laws of the first legislature of the State of Existing con- Arizona, second session. All workmen employed by an employer at tracts.
manual and mechanical labor of the kinds defined in section 67 of this title shall be deemed and held in law to be employed and working subject to the provisions of this chapter, and the employer and the workman shall alike be bound by and shall have each and every benefit and right given in this chapter the same as if a mutual contract to that effect were entered into between the employer and the workman at any time before the happening of any accident. It shall be lawiul, however, for the employer and workmen to disaffirm an employment under the provisions of this chapter by written contract between them, or by written notice by one to, and served upon the other to that effect
before the day of the accident. Substitute Provided, Such written contract does not provide for less compensaschemes.
tion than as provided in this chapter. And in the absence of such written contract or written notice, served as above provided, it shall be taken and held that the employment and service is under this chapter; and the same shall be the sole measure of their respective rights and
liabilities when and as provided in this chapter. Suits.
Provided, If, after the accident, either the employer or the workman shall refuse to make or accept compensation under this chapter or to proceed under or rely upon the provisions hereof for relief, then the other may pursue his remedy or make his defense under other existing statutes, the State constitution, or the common law, except as herein provided, as his rights may at the time exist. Any suit brought by the workman for a recovery shall be held as an election to pursue such rem
edy exclusively. Agreements. Sec. 79. Any employer employing workmen to perform labor or serv
ices of other kinds than as defined in this chapter, and such workmen
SEC. 80. This chapter is remedial in its purpose and shall be con- Nature of art. strued and applied so as to secure promptly and without burdensome expense to the workmen the compensation herein provided and apportioned so as to provide support during the periods named for the loss of ability to earn full wages.
Sec. 81. Nothing in this chapter shall be deemed or taken to repeal Construction. or affect in any way any other acts or laws passed by the first legislature of the State of Arizona, and as [sic] in so far as it refers to the same subject in other acts it shall be deemed to be cumulative only.
Sec. 82. All acts and parts of acts in conflict with the provisions of Repealer. this act are hereby repealed.
Sec. 83. This act shall take effect and be in force from and after the Act in effect. first day of October, 1913.
Approved May 13, 1913.
SECTION 21. The legislature may by appropriate legislation create Compulsory
laws authorizedt. and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment irrespective of the fault of either party. The legislature may provide for the settlement of any disputes arising Settlement of
in under the legislation contemplated by this section, by arbitration, or dis
disputes. by an industrial accident board, by the courts, or by either any or all of these agencies, anything in this constitution to the contrary notwithstanding. Amendment adopted October 10, 1911.
ACTS OF 1913.
CHAPTER 176.--Compensation for injuries to employees-State insurance
SECTION 1. This act shall be known, and may be cited, as the Title. “Torkmen's Compensation, Insurance and Safety Act” and shall apply to the subjects mentioned in its title.
Sec. 2. The following terms as used in this act shall, unless a different Definitions. meaning is plainly required by the context, be construed as follows:
(1) The term "commission” means the Industrial Accident Commission of the State of California.
?) The term "commissioner" means one of the members of the commission.
(3) The term “compensation" means compensation under this act and includes every benefit or payment conferred by sections twelve to thirty-six, inclusive, of this act upon an injured employee, or in the event of his death, upon his dependents, without regard to negligence.
(4) The term "damages” means the recovery allowed in an action at law as contrasted with compensation under this act.
(5) The term “person" includes an individual, firm, voluntary association or a corporation.
(6) The term "insurance carrier" includes the State Compensation Insurance Fund herein created and any private company, corporation or mutual association authorized under the laws of this State to insure employers against liability for compensation under this act.
(7) The phrase " compensation provisions of this act" means and includes sections twelve to thirty-five, inclusive, of this act.
(8) The phrase "safety provisions of this act” means and includes sections fifty-one to seventy-two, inclusive, of this act.
(9) Whenever in this act the singular is used the plural shall be included; where the masculine gender is used, the feminine and
neuter shall be included. Industrial Ac- Sec. 3. There is hereby created a board to consist of three members cident Commis. who shall be appointed by the governor from the State at large and sion.
which shall be known as the “Industrial Accident Commission” and shall have the powers, duties and functions hereinafter conferred. Within thirty days prior to the first day of January, 1914, the governor shall appoint the three members of said commission, one for the term of two years, one for the term of three years and one for the term of four years. Thereafter, the term of office of each commissioner shall be four years. Vacancies shall be filled by appointment in the same manner for the unexpired term. Each commissioner shall receive an annual salary of five thousand dollars. Each commissioner shall, before entering upon the duties of his office, take and subscribe the
constitutional oath of office. Organization. SEC. 4. The commission shall organize by choosing one of its members
as chairman. A majority of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power or authority of the commission. A vacancy on the commission shall not impair the right of the remaining members to perform all the duties and exercise all the power and authority of the commission. The act of the majority of the commission, when in session as a commission, shall be deemed to be the act of the commission, but any investigation, inquiry or hearing, which the commission has power to undertake or to hold, may be undertaken or held by or before any member thereof or any referee appointed by the commission for that purpose, and every finding, order, decision, or award made by any commissioner or referee, pursuant to such investigation, inquiry or hearing, when approved and confirined by the commission and ordered filed in its office, shall be
deemed to be the finding, order, decision or award of the commission. Seal.
Sec. 5. The commission shall have a seal, bearing the following inscription: “Industrial accident commission State of California, seal." The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall
direct. All courts shall take judicial notice of said seal. Omice.
Sec. 6. The commission shall keep its principal office in the city and county of San Francisco, and shall also keep an office in the city of Los Angeles, and shall provide itself with suitable rooms, necessary office furniture, stationery and other supplies. For the purpose of holding sessions in other places, the commission shall have power to
rent temporary quarters. Powers.
Sec. 7. The commission shall have full power and authority,
(1) To appoint as its attorney an attorney at law of this State, who shall hold office at the pleasure of the commission. It shall be the right and the duty of the attorney to represent and appear for the people of the State of California and the commission in all actions and proceedings involving any question under this act or under any order or act of the commission and, if directed so to do by the commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence, prosecute and expedite the final determination of all actions or proceedings, civil or criminal, directed or authorized by the commission; to advise the commission and each member thereof, when so requested, in regard to all matters in connection with the jurisdiction, powers or duties of the commission and members thereof; and generally to perform all duties and services as attorney to the commission which may be required of him.
(2) To appoint, and it shall appoint, a secretary, who shall hold office at the pleasure of the commission. It shall be the duty of the secretary to keep a full and true record of all the proceedings of the commission, to issue all necessary processes, writs, warrants and notices which the commission is required or authorized to issue, and generally to perform such other duties as the commission may prescribe. The