« ForrigeFortsett »
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 bo 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.
Sec. 75. Any question which may arise between the employer and Settlement of the workman or his personal representative, under this chapter, shall,IlsDute3be determined either (1) by written agreement between the parlies, 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 or diction to recover and enforce the compensation herein provided. claimsSuch action shall be conducted as near as may l>e 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- l'ayments. 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 t»e 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 Ihe same is to be paid in lump sum or monthly installments, upon securing the same by one or more freehold sureties or a surety company, to lie 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 l>e 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 ancl cause, against such defendant, 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 ancl 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 tees. In any action under this chapter the court shall fix and allow, at the time of entering the judgment against the employer, a reasonnl.lc fee to the workman's attorney, to be taxed against the employe;' .is costs, and collectible in the same manner. From such allowance there shall be no right of appeal. Such attorney shall have no chum for compensation upon the judgment or its proceeds, other than an herein provided. But no allowance, or any fee payable by the workman to an attorney for sendees, 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 t lie 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 fixed by the court.
rayments are Sec. 76. Any workman entitled to monthly or other payments from preferred claims. or ^ anv ju(jrrment 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 allowed bylaw 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 injur >d 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 Bhall 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 lawful, 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 compensa1 tion than as provided in this chapter. And in the absence ot 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 ana liabilities when and as provided in this chapter.
Suits. Provided, If, after the accident, either the employer or the workman
shall reiiee 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 Buch remedy exclusively.
Agreements. Sec. 79. Any employer employing workmen to perform labor or services of other kinds than as denned in this chapter, and such workmen and employees may, hy agreement, at any time during the employment, accept ana 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 he taken in law and fact to bind the parties as fully as if thev were specifically mentioned and embraced in the provisions of this chapter.
Sec. 80. This chapter is remedial in its purpose and shall be construed 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 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 shal 1 be deemed to be c umulati ve on ly.
Sec. 82. All acta and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 83. This act shall take effect and be in force from and after the first day of October. 1913.
Approved May 13, 1913.
Section 21. The legislature may bv appropriate legislation create Compulsory and enforce a liability on the part o"f all employers to compensate laws a,lthoriw<'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 anv disputes arising Settlement ..r under the legislation contemplated by this section, by arbitration, or disPutesbv 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.
-Compensation for injuries to employees—State insurance
Section 1. This act shall be known, and may be cited, as the "Workmen'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 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.
(2) 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.
(") 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 rident Commis- wj1Q gnaj| ^0 appointed by the governor from the State at large and 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, tho 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 bo 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 anv 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 confirmed by the commission and ordered filed in its office, shall be deemed to be the finding, order, decision or award of tho commission.
Real- 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.
ofllce. 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.
rowers. 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 tho 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 m 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 tho 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 tho 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 commission may also appoint such assistant secretaries as may be necessary and such assistant secretaries may perform any duty of the secretary, when so directed by the commission.
(3) To appoint a manager of the State Compensation Insurance Fund who shall hold office at the pleasure of the commission. It shall be the duty of such manager to manage, supervise and conduct, subject to the general direction and approval of the commission, the business and affairs of the State Compensation Insurance Fund and to perform such other duties as the commission may prescribe. Before entering on the duties of his office, he must give an official bond in the sum of $50,000, and take and subscribe to an official oath. Said bond must be approved by the commission, by written indorsement thereon, and be filed in the office of the secretary of state.
(4) To appoint a superintendent of the department of safety, who shall hold office at the pleasure of the commission and who shall perform such duties as the commission shall prescribe.
(5) To employ such other assistants, officers, experts, statisticians, actuaries, accountants, inspectors, referees and other employees, as it may deem necessary to carry out the provisions of this act, or to perform the duties and exercise the powers conferred by law upon the commission.
Sec. 8. All officers andemployees of the commission shall receive Compensation, such compensation for their services as may be fixed by the commission and shall hold office at the pleasure of the commission and shall perform such duties as are imposed on them by law or by the commission. The salaries of the members of the commission, its attorney, secretary and assistant secretary, as fixed by law or the commission, shall be paid in the same manner as are the salaries of other State officers. The salary or compensation of every other person holding office or employment under the commission, as fixed by law or by the commission, shall be paid monthly, after being approved by the commission, upon claims therefor to be audited by the State board of control. All expenses incurred by the commission pursuant to the provisions of this act, including the actual and necessary traveling and other expenses and disbursements of the members thereof its officers and employees, incurred while on business of the commission, either within or without the State, shall, unless otherwise provided in this act, be paid from the funds appropriated for the use of the commission, after being approved by the commission^ upon claims therefor to be audited by the board of control: Provided, however, That no such expenses incurred outside of the State shall be allowed unless prior authorization therefor be obtained from the board of control.
Sec. 9. In all cases in which salaries, expenses, or outgoings of one Apportionment department under the jurisdiction of the commission are expended in 01 expenses, whole or in part on behalf of another department the commission may apportion the same between such departments.
Sec. 10. The commission shall cause to be printed and furnished Forms and reofree of charge to any employer or employee, or other person, such blank ords" forms as it shall deem requisite to facilitate or promote the efficient administration of this act; it shall provide a book in which shall be entered the minutes of all its proceedings, a book in which shall be recorded all awards made by the commission and such other books or records as it shall deem requisite for the proper and efficient administration of this act; all such records to be kept in the office of the commission.
Sec. 11. The commission shall also have power and authority— Additional
(1) To charge and collect the following fees: For copies of papers and P°wers' records not required to be certified or otherwise authenticated by the commission, ten cents for each folio; for certified copies of official documents and orders filed in its office or of the evidence taken on proceedings had, 15 cents for each folio.
(2) To publish and distribute in its discretion from time to time, in addition to its annual report to the governor of the State, such further reports and pamphlets covering its operations, proceedings and matters relative to its work as it may deem advisable.
(3) To fix and collect reasonable charges for publications issued under its authority.