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twelve of this act, be subject to the compensation provisions of this act, and of any act amendatory thereof, if, at the time of the accident for which liability is claimed:
(1) The employer charged with such liability is subject to the compensation provisions of this act, whether the employee has actual notice thereof or not; and
(2) Such employee shall not, at the time of entering into his contract of hire, have given to his employer notice in writing that he elects not to be subject to the compensation provisions of this act; or, in the event that such contract of hire was made in advance of the election by the employer, such employee shall have given to his employer notice in writing that he elects to be subject to such provisions, or without giving either of such notices, shall have remained in the service of such employer for thirty days after the employer has filed his election.
Sec. 88. The commission shall, not later than the first day of Decern- Reports, ber of each calendar year, subsequent to the year 1913, make a report to the governor of the State covering its entire operations and proceedings for the previous fiscal year, with such suggestions or recommendations as it may deem of value for public information. Such report shall be printed and a copy thereof furnished to all applicants within this State.
Sec. 89. The sum of one hundred eighty-seven thousand four hun- Appropriation, dred seventy dollars is hereby appropriated out of any money in the State treasury, not otherwise appropriated, to be used by the Industrial Accident Commission in carrying out the purposes of this act, and the controller is hereby directed to draw his warrant on the general fund from time to time in favor of said Industrial Accident Commission for the amounts expended under its direction, and the treasurer is hereby authorized and directed to pay the same.
Sec. 90. All acts or parts of acts inconsistent with this act are hereby Repealer, repealed.
Sec. 91. The compensation provisions of this act shall not apply to Prior Injuries, any injury sustained prior to the taking effect thereof.
Sec. 92. This act shall take effect and be in force on and after the Act in effect, first day of January, A. D. 1914.
Approved May 26, 1913.
ACTS OF 1913.
When alirocitlon does nut apply.
Section' 1. In an action to recover damages for personal injury sus- Defensen alx>ltained by an employee arising out of and in the course of his employ-faned' ment, or for death resulting from injury so sustained, it shall not be" a defense: (a) That the injured employee was negligent; (b) that the injury was caused by the negligence of a fellow employee; (c) that the injured employee had assumed the risk of the injury.
Sec. 2. The provisions of section 1 of Part A of this act shall not apply to actions to recover damages for personal injuries sustained by employees of any employer having regularly less than five employees, by casual employees, or by outworkers; nor shall the same provisions apply to actions against any employer who shall ha ve accepted Part B of this act in the manner hereinafter prescribed.
Part B. Workmen's Compensation.
Section 1. When any persons in the mutual relation of employer and Election of employee shall have accepted Part B of this act, the employer shall not """"Pensation. be liable to any action for damages on account of personal injury sustained by an employee arising out of and in the course of his employment or on account of death resulting from injury so sustained; but the employer shall pay compensation on account of such injury in accordance with the scale hereinafter provided, except that no compensation
shall be paid when the injury shall have been caused by the willful and serious misconduct of the injured employee or by his intoxication. The acceptance of Part B of this act by employers and employees shall be understood to include the mutual renunciation and waiver of all rights and claims arising out of injuries sustained in the course of employment as aforesaid, other than rights and claims given by Part B of this act, including the right of jury trial on all questions affecting compensation and all right of appeal from the compensation commissioners except as hereinafter established.
E lection pro- sEC. 2. Every contract of employment not made before the date of s"me'' this act shall be conclusively presumed to include a mutual agreement
between employer and employee to accept Part B of this act and be bound thereby, unless either employer or employee shall by written stipulation in the contract, or by such other notice as is prescribed in section three of Part B, indicate Ids refusal to accept the provisions of said Part B. Every contract of employment made before the date of this act and continued in force after said date shall be conclusively presumed to include a mutual agreement between employer and employee to accept Part B of this act and be bound thereby, unless by the date at which this act goes into effect either employer or employee has indicated his refusal to accept said Part B in the manner prescribed in section three of said Part B.
■Withdrawal of Sec. 3. Acceptance of Part B of this act may be withdrawn by written acceptance. or pyjjj^gj notice from either employer or employee to the other party and to the compensation commissioner of tne district in which the employee is employed. Notice of withdrawal may be Berved by personal presentation or by registered letter addressed to the person on whom it is to be served at his last known residence or place of business; and such notice shall become effective thirty days after service. Either
Renewals. employer or employee who has withdrawn acceptance may renew the same by the same notice and procedure as is prescribed for withdrawals. N otices in behalf of a minor shall be given by his parent or guardian, or, if there be no parent or guardian, then by such minor.
failure to elect. Sec. 4. Every employer not accepting Part B of this actshall be liable to action for damages on account of personal injury to his employees in accordance with the provisions of Part A of this act, and every employee not accepting Part B of this act shall lose all rights and benefits of Part A of this act with reference to any employer who continues to accept Baid Part B.
Contractors and Sec 5. When any principal employer procures any work to be done, siiijcontractors. wh0lly or in part for trim, by a contractor, orthrough him by a subcontractor, and the work so procured to be done is a part or process in the trade or business of such principal employer, and is performed in, on, or about premises under his control, then such principal employershall be liable to pay all compensation under this act to t ho same extent as if the work were done without the intervention of such contractor or subcontractor.
Liability of Sec. 6. When any injury for which compensation is payable under third persons. ^j,, ^ g^ii have been sustained under circumst ances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee mav, at his option, either claim compensation under thin act or proceed at law against such otherpcrson to recover damages; and, if compensation is claimed and paid under this act, any employer having paid the compensation shall be subrogated to the rights of the injured employee to recover against that person: Provided, If the employer shall recover from such other person damages in excess of the compensation already paid, or awarded to be paid under this ac t, then any such excess shall be paid to the injured employee, less the employer's expenses and costs of action. Medical and gEc. 7. The employer shall provide a competent physician or surgeon surgical care. tQ at1en(j any injUre(} employeo during the thirt y days immediately following the injury, as such injury may require, and in addition shall furnish such medical and surgical aid or hospital service, during such thirty days, as such physician or surgeon shall deem reasonable or necessary. In the event of the failure of the employer prompt ly to provide such physician or surgeon or Huch medical or surgical or hospital service, during any portion of such thirty days, the injured employee may provide such physician or surgeon or medical or surgical or hospital service at t he expense of the employer. Or, at his option, the inj ured employee may refuse the medical, surgical, and hospital service provided hy his employer and provide the same at his own expense. If it shall appear to tne commissioner that an injured employee nas refused to accept and failed to provide such reasonable medical, surgical, or hospital care, all rights of compensation under this act shall be suspended during such refusal and failure. The pecuniary liability of the employer for the medical, surgical, and hospital service herein required shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons.
Sec. 8. No compensation shall be payable under this act on account Waiting time, of any injury which does not incapacitate the injured employee for a period of more than two weeks from earning full wages at his customary employment; but if incapacity extends beyond a period of two weeks compensation shall begin on the fifteenth day after the injury.
Sec. !). "Compensation shall be paid on account of death resulting from Compensation injuries within two years from date of injury as follows: fa) For burial dca">expenses one hundred dollars; (b) to those totally dependent upon the deceased employee at the time of his injury a weekly compensation equal to half of the average weekly earnings of the deceased at the time of his injury; (c) in case there is no one totally dependent upon the deceased employee then to those partially dependent upon the deceased employee at tne time of his injury a weekly compensation not exceeding that payable to total dependents and of such proportionate sum as may be determined according to the measure of dependence; (d) in case there are no dependents of the deceased employee the sum of seven hundred and fifty dollars to be paid to the state treasurer and by him Bet apart as a fund to bo used for the payment of lawful expenses of the com- ■ missioners- but the compensation payable on account of death resulting from injuries shall in no case be more than ten dollars or less than five dollars weekly, and such compensation shall not continue longer than threo hundred and twelve weeks after death. The compensation on account of death payable under this act to a widow or widower of a deceased employee shall not cease with the death of such widow or widower, but upon her or his death within the period during whichsuch compensation is payable it shall continue to be paid for the remainder of such period to Her or his dependents as defined in section forty-three.
Sec. 10. The following persons shall be conclusively presumed to bo Who are dototally dependent for support upon a deceased employee: (a) A wife i>endentsupon a husband with whom she lives at the time of his injury or from wnom she receives support regularly; (b) a husband upon a wife with whom he lives at the time of her injury or from whom he receives support regularly; (c) a child or children under the age of eighteen years, or over said age, but physically or mentally incapacitated from earning, upon the parent with whom he is or they are living or from whom he is or they are receiving support regularly at the time of the injury of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent the death benefit shall be divided equally among them. In all other cases questions of dependency, total or partial, shall be determined in accordance with the fact, as the fact may be at the time of the injury. In such other ca.«es, if there is more than one person totally dependent, the death benefit shall be divided equally among them, ana persons partially dependent, if any, shall receive no part thereof. If there is no person totally dependent and more than one person partially dependent, the death benefit shall be divided among them according to the relative degrees of their dependence. For the purposes of this act the dependence of a widow or widower of a deceased employee shall bo construed to terminate with remarriage and the dependence of a child, except a child physically or mentally incapacitated from earning, with the attainment of eighteen years. Compensation under this section shall be paid to alien dependents in half the amounts indicated in this section unless such alien dependents are residents of the United States, or its dependencies, or Canada.
Total disability. Sec. 11. In case the injury results in total incapacity to perform work of any character, there shall be paid to the injured employee a weekly compensation equal to half of his average weekly earnings at the time of the injur}'; but the compensation shall in no case be more than ten dollars or less than five dollars weekly; and such compensation shall not continue longer than the period of total incapacity, or in any event longer than five hundred and twenty weeks. The following injuries of any person shall be considered as causing total incapacity and compensation shall be paid accordingly: (a) Total and permanent loss of sight in both eyes; (b) the loss of both foet at or above the ankle; c) the loss of both hands at or above the wrist; (d) the loss of one oot at or above the ankle and one hand at or above the wrist; (e) any injury resulting in permanent and complete paralysis of the legs or arms or of one leg and one arm; (f) any injury resulting in incurable imbecility or insanity.
Partial diss- Sec. 12. In case the injury results in partial incapacity, there shall m*' be paid to the injured employee a weekly compensation equal to half
the difference between his average weekly earnings before the injury and what he is able to earn thereafter. This compensation shall in no case be more than ten dollars weekly and shall continue during the period of partial incapacity, but not longer than three hundredand twelve weeks. If the employer procures for an injured employee employment suitable to his capacity the wages offered in such employment shall be taken as the earning capacity of the injured employee. In case of the following injuries the compensation, in lieu of all other payments, shall be half of the previous average weekly earnings of the injured employee for the terms respectively indicated:
(a) for the loss of one arm at or above the elbow, or the complete and permanent loss of the use of one arm, two hundred and eight weeks;
(b) for the loss of one hand at or above the wrist, or the complete and
fiermanent loss of the use of one hand, one hundred and fifty-six weeks; c) for the loss of one leg at or above the knee, or the complete and permanent loss of the use of one leg, one hundred and eighty-two weeks; (d) for the loss of one foot at or above the ankle, or the complete and permanent loss of the use of one foot, one hundred and thirty weeks; (e) for the complete and permanent loss of hearing in both ears, one hundred and fifty-six weeks; (f) for the complete and permanent loss of hearing in one ear, fifty-two weeks; (g) for the complete and permanent loss of sight of one eye, one hundred and four weeks; (h) for tne loss of a thumb, thirty-eight weeks; (i) for the loss of a first finger or a great toe, thirty-eight weeks; (j) for the loss of a second finger, thirty weeks; a third finger, twenty-five weeks; a fourth finger, twenty weeks; (k) for the loss of any toe except the great toe, thirteen weeks. The lass of one phalange of a thumb or two phalanges of a finger shall be considered half the loss of a thumb or finger respectively, and shall be compensated accordingly.
Computation of Sec. 13. For the purpose of this act, the average weekly wage shall imings. ascertained by dividing the total wages received by the injured
workman from the employer in whose service he is injured during the twenty-six calendar weeks immediately preceding that during which he was injured, by the number of said calendar weeks during which, or any portion of which, said workman was actually employed by said employer, provided in making such computation absence for seven consecutive calendar davs, although not in the same calendar week, shall be considered as absence for a calendar week. Where the employment commenced other than at the beginning of a calendar week, auch calendar week and the wages earned during such week, shall be excluded in making the"above computation. Where the employment previous to injury as provided above is computed to be less than a net period of two calendar weeks, then his weekly wage shall be considered to be equivalent to the average weekly wage prevailing in the same or similar employment in the same locality at the time of injury. Advance pay- sEC. 14. jn fixing the amount of any compensation under this act due allowance shall be made for any sum which the employer may have paid to any injured cmployco or to his dependents on account of the injury, except such sums as the employer may have expended or directed to be expended for medical, surgical, or hospital service.
Sec. 15. Any award of compensation made under this act shall be subject to modification, upon the request of either party and in accordance with the procedure for original determinations, whenever it shall appear to the compensation commissioner or commission that the incapacity of an injured employee has increased, decreased, or ceased, or that the measure of dependence on account of which the compensation is paid has changed.
Sec. 16. Within ninety days after the passage of this act the governor shall appoint five competent persons, one for each of the five congressional districts as at present constituted, to be known as compensation commissioners, and shall designate one of them as chairman. The term of office of the compensation commissioners shall be five years, except that when first appointed one shall be appointed for one year and three months from Oc tober 1, 1913, one for two years and three months from said date, one for three years and three months from said date, one for four years and three months from said date, and one for five years and three months from said date. Thereafter, upon the expiration of the term for which a commissioner is first appointed, his successor shall be appointed by the governor for the full term of five calendar years. After due notice and public hearing the governor may remove any commissioner for cause and the good of the public service. Said commissioners shall be sworn to a faithful performance of their duties. Vacancies occurring during a term shall be filled by the governor.
Sec 17. Each commissioner shall, for the purpose of this act, have power to summon and examine under oath such witnesses, and may direct the production of, and examine or cause to be produced or examined, such books, records, vouchers, memoranda, documents, letters, contracts, or other papers in relation to any matter at issue as he may find proper, and shall have the same powers in reference thereto as are now vested in magistrates taking depositions. He shall have power to certify to official acts, and all powers necessary to enable him to perform the duties imposed upon him by this act." The commissioners shall reside in the districts for which they are severally appointed and each shall have jurisdiction of all claims and questions arising in such district under Part B of this act. The commissioner for the first congressional district shall maintain an office at some convenient location in the city of Hartford; the commissioner for the second district an office similarly located in the city of Willimantic; the commissioner for the third district, in the city of New Haven; the commissioner for the fourth district, in the city of Bridgeport; and the commissioner for the fifth district, in the city of Waterbury. Each commissioner shall keep his office open during reasonable business hours of every day except Sundays and legal holidays, but he shall have power to hear and decide cases at anv other place within his district. In case a commissioner is disqualified or temporarily incapacitated from hearing any matter, he shall designate some other commissioner to hear and decide said mat ter and such ot her commissioner shall possess the same jurisdiction and power, for the purposes of such hearing, as such incapacitated or disqualified commissioner. The superior court, on application of a commissioner or the commission, or of the attorney general, may enforce, by appropriate decree or process, any provision of this act or any proper order of a commissioner or the commission rendered in pursuance of any such provision.
Sec. 18. Acting together, the commissioners shall have power to adopt and change such common rules, procedure, and forms aa they shal 1 deem expedient for the purposes of this act. Annually the commissioners shall prepare and submit to the governor a report of their doings, including such recommendations as they shall think proper for the improvement of this act or its administration.
Sec. 19. Each of the commissioners shall receive a salary of four thousand dollars per annum, payable in equal monthly instalments, and in addition such allowance, not exceeding two thousand dollars a year, as may be approved by the comptroller for expenses incurred in the discharge of his duties.
Sec. 20. Every employer who has accepted Part B of this act shall keep a record of such injuries sustained by his employees in the course
Revision of awards.
Enforcement o orders, etc.
Board of commissioners.
Reports of accidents.