« ForrigeFortsett »
appointment to any political office, and any person performing the duties as an appointee under the commissioner violating the provisions of this act shall be sufficient cause for dismissal and removal from office.
Before entering upon his duties the commissioner shall qualify by Oath taking the oath of his office, that he will support the constitution of the United States and of the State of Iowa, and will faithfully and impartially, without fraud fear or favor, discharge the duties of his office incumbent upon him, as provided by the law of the State of Iowa, to the best of his ability and understanding.
There is hereby appropriated out of any money not otherwise appro- Appropriation. priated for the use of the commissioner, as contemplated within the terms of this act or acts amendatory thereof, or other statutes relating to the commissioner, his duties and responsibilities empowered by law, the sum of twenty thousand dollars ($20,000.00) annually, and in addition thereto the executive council shall provide and furnish the commissioner with such printing as may be necessary in the transaction of the business within the contemplation of law. SEC. 25. The commissioner may make rules and regulations not in-. Rules and regu
lations, consistent with this act for carrying out the provisions of the act. Proc- lat ess and procedure under this act shall be as summary as reasonably may be. The commissioner shall have the power to subpoena witnesses, administer oaths and to examine such books and records of the parties to a proceeding or in vestigation as relate to questions in dispute or under investigation. The fees for attending as a witness before the industrial commissioner shall be $1.50 per diem; for attending before an arbitration committee $1.00 per diem; in both cases five cents per mile for traveling to and from the place of hearing. The district court is hereby empowered to enforce by proper proceedings the provisions of this section relating to the attendance and testimony of witnesses and the examination of books and records. The commissioner shall make biennial reports to the governor who shall transmit the same to the general assembly, in which among other things, the commissioner shall recommend such changes in the law covered by this act as it may deem necessary.
SEC. 26. If the employer and the employee reach an agreement in Memoranda of regard to the compensation under this act, a memorandum thereof shall agreements. be filed with the Iowa industrial commissioner by the employer or employee, and unless the commissioner shall, within twenty days, notify the employer and employee of his disapproval of the agreement by registered letter sent to their addresses as given on the memorandum filed, the agreement shall stand as approved and be enforceable (enforcible for all purposes under the provisions of this act. Such agreement shall be approved by said commissioner only when the terms conform to the provisions of this act. Sec. 27. If the employer and the injured employee or representatives
Arbitrations, or dependents fail to reach an agreement in regard to compensation under this act, either party may notify the industrial commissioner, who shall thereupon call for the formation of a committee of arbitration. The arbitration committee shall consist of three persons, one of whom shall be the industrial commissioner who shall act as chairman. The other two shall be named, respectively, by the two parties. If a vacancy occurs it shall be filled by the party whose representative is unable to act.
Sec. 28. The arbitrators appointed by the parties shall be sworn by. Oath of arbithe chairman to take the following oath:
do solemnly swear (or affirm) that I will faithfully perform my duties as arbitrator and will not be influenced in my decision by any feeling of friendship or partiality toward either party.
(Signed) Sec. 29. It shall be the duty of the industrial commissioner, upon Committee. notification, that the parties have failed to reach an agreement, to request both parties to appoint their respective representatives on the committee of arbitration. The commissioner shall act as chairman, and, if either party does not appoint its member on this committee within seven days after notification as above provided, or after a vacancy has occurred, the commissioner shall fill the vacancy and notify the parties to that effect.
Investigations. Sec. 30. The committee on arbitration shall make such inquiries and
investigations as it shall deem necessary. The hearings of the committee shall be in the city, town or place where the injury occurred and the decision of the committee, together with the statement of evidence submitted before it, its findings of fact, rulings of law and any other matters pertinent to questions arising before it shall be filed with the industrial commissioner. Unless a claim for a review is filed by either party within five days, the decision shall be enforceable
(enforcible) under the provisions of this act. Physicians. Sec. 31. The industrial commissioner may appoint a duly qualified
impartial physician to examine the injured employee and make report. The fee for this service shall be five ($5.00) dollars, to be paid by the industrial commissioner together with traveling expenses, but the commissioner may allow additional reasonable amounts in extraordinary cases. Any physician so examining any injured employee shall not be prohibited from testifying before the Iowa industrial commissioner or any other person, commission or court, as to the results of his exami
nation or the condition of the injured employee. Arbitrators' Sec. 32. The arbitrators named by or for the parties to the dispute fees.
shall each receive five ($5.00) dollars as a fee for his services, but the industrial commissioner may allow additional reasonable amounts in extraordinary cases. The fees shall be paid by the employer who may deduct an amount equal to one-half of the sum from any compensation found due the employee. And all other costs incurred in the hearing before the board of aribtration shall be taxed to the losing party, or an equitable apportionment made thereof by the committee according to
the facts. Review.
Sec. 33. If a claim for review is filed, the industrial commissioner shall hear the parties and may hear evidence in regard to any or all matters pertinent thereto and may revise the decision of the committee in whole or in part, or may refer the matter back to the committee for further findings of fact, and shall file its decision with the records of the proceedings and notify the parties thereof. No party shall as a matter of right be entitled to a second hearing upon any
question of fact. Filing orders in Sec. 34. Any party in interest may present certified copy of an order
or decision of the commissioner or a decision of an arbitration committee from which no claim for review has been filed within the time allowed therefor, or a memorandum of agreement approved by the commissioner, and all papers in connection therewith, to the district court of the county in which the injury occurred, whereupon said court
shall render a decree in accordance therewith and notify the parties. Effect.
Such decree shall have the same effect and in all proceedings in relation thereto shall thereafter be the same as though rendered in a suit duly heard and determined by said court, except that there shall be no appeal therefrom upon questions of fact or where the decree is based upon an order or decision of the commissioner which has not been presented to the court within ten days after the notice of the filing thereof by the commissioner. Upon the presentation to the court of a certified copy of a decision of the industrial commissioner, ending, diminishing or increasing a weekly payment under the provisions of this act, the
court shall revoke or modify the decree to conform to such decision. Revision of pay. Sec. 35. (a) Any payment to be made under this act may be reviewed ments.
by the industrial commissioner at the request of the employer or of the employee, and on such review it may be ended, diminished or increased subject to the maximum or minimum amounts provided for in this act if the commissioner finds the conditions of the employee warrants such action.
(b) Any notice to be given by the commissioner or court provided for in this act shall be in writing but service thereof shall be sufficient if registered and deposited in the mail, addressed to the last known
address of the parties. Fees to be ap. Sec. 36. Fees of attorneys and physicians for services under this act proved.
shall be subject to the approval of the industrial commissioner unless
otherwise provided in this act. Accidents to be SEC. 37. Every emplover shall hereafter keep a record of all injuries, reported.
fatal or otherwise, sustained by his employees in the course of their
employment. Within forty-eight hours not counting Sundays and legal holidays, after the employer has knowledge of the occurrence of an accident resulting in personal injury, a report shall be made in writing by the employer to the industrial commissioner on blanks to be procured from the commissioner for that purpose.
Upon the termination of the disability of the injured employee, or if such disability extends beyond a period of sixty days, at the expiration of such period, the employer shall make a supplemental report on blanks to be procured from the commissioner for that purpose. The said reports shall contain the name and nature of the business of the employer, the location of the establishment, the name, age, sex and occupation of the injured employee, and shall state the date and hour of the accident, the nature and cause of the injury, and such other information as may be required by the commissioner. Any employer who refuses or neglects to make the report required by this section shall be punished by a fine of not more than fifty ($50.00) dollars for each offense.
All books, records and pay rolls of the employers, coming under Books, records, this act showing or reflecting in any way upon the amount of wage et expenditure of such employers, shall always be open for inspection by the industrial commissioner, or any of his representatives presenting a certificate of authority from said commissioner for the parpose of ascertaining the correctness of the wage expenditure; the number of men employed and such other information as may be necessary for the uses and purposes of the commissioner in its administration of the law. But information obtained within the contemplation of this act shall be used for no other purpose than the information of the commissioner or insurance association with reference to the duties imposed upon such commissioner. A refusal on the part of the employer to submit his books, records, or pay rolls for the inspection of the commissioner, or his authorized representative presenting written authority from the commissioner, shall subject the employer to a penalty of one hundred dollars ($100.00) for each such offense to be collected by civil action in the name of the State, and paid into the State treasurer streasuryl.
SEC. 38. It shall be unlawful for the commissioner, during his Political activ. term of office, to serve upon any committee of any political party or ty espouse the election or appointment of any person for any political office or contribute to any campaign fund of any political party, or to the campaign fund of any person who is a candidate for election or appointed to any political office. A violation of this section shall be deemed a misdemeanor and upon conviction shall be fined one hundred ($100.00) dollars. Sec. 39. It shall be unlawful for any person who is a candidate for Promise of
vote. the appointment as commissioner to make any promise to another, expressed or implied, in consideration of any assistance or influence given or recommendation made that the candidate will, if appointed as commissioner, vote to appoint such person or one whom he may recommend to an office within the power of the commissioner to appoint. A violation thereof shall be deemed a misdemeanor and upon conviction thereof shall be fined one hundred ($100.00) dollars. SEC. 40. All recommendations to the governor of any person asking Recommenda
tions as to apthe appointment of another as commissioner shall be reduced to writing ble
18 pointments, signed by the person presenting the same, which shall be filed by the governor in his office and open at all reasonable times for public inspertion, and all recommendations made by any person to the commissioner for the appointment of another within the power of the commissioner to appoint, shall be reduced to writing, signed by the person presenting the same and filed by the commissioner and open for public inspection at all reasonable times and hours. If any person recommending the appointment of another within the contemplation of this act refuse to reduce the same to writing, it shall be the duty of the person to whom the recommendation is made, to make a brief memoranda thereof stating the name of the person recommended and the name of the person who made the same, which shall be filed as by this act in
Commissioner other cases provided. It shall be unlawful for the commissioner to not to have finan. be financially interested in any business enterprise coming under or cial interest.
affected by this act during his term of olice and any member offending this statute, it shall be sufficient grounds [sic] for his removal from office and in such case the governor shall at once declare the office
vacant and appoint another to fill the vacancy. Removal from SEC. 41. The governor shall remove from office the commissioner on ollice.
the grounds of inefficiency, neglect of duty, or malfeasance in office, upon written charges having been filed with the executive council and sustained by proofs. But written notice of such charges, together with a copy thereof, shall be served upon the accused ten (10) days before the time fixed for hearing. The executive council shall bave jurisdiction to hear the cast, and shall make such finding in accordance with justice and the law. The finding shall be reduced to writing, and report and finding filed with the governor.
Insurance. SECTION 42. Every employer, subject to the provisions of this act,
shall insure his liability thereunder in some corporation, association or organization approved by the State department of insurance. Every such employer shall within thirty (30) days after this act goes into effect exhibit on demand of the State insurance department evidence of his compliance with this section. And if such employer refuses, or neglects to comply with this section, he shall be liable in case of injury
to any workman in his employ under part one (1) of this act. Mutual associa- Sec. 43. For the purpose of complying with the foregoing section, tions.
groups of employers by themselves or in an association with any or all of their workmen, may form insurance associations as hereafter provided, subject to such reasonable conditions and restrictions as may be fixed by the State insurance department and membership in such mutual insurance organization as approved, together with evidence of the payment of premiums due, shall be evidence of compliance with
the preceding section. Approved
SEC. 44. Subject to the approval of the Iowa industrial commisschemes.
sioner any employer or group of employers may enter into or continue an agreement with his or their workmen to provide a scheme of compensation, benefit or insurance in lieu of the compensation and insurance provided by this act; but such scheme shall in no instance provide less than the benefits here secured, nor vary the period of compensation provided for disability or for death, or the provisions of this act with respect to periodic payments, or the percentage that such payments shall bear to weekly wages, except that the sums required may be increased: Provided further, That the approval of the Iowa industrial commissioner shall be granted, if the scheme provides for contribution by workmen, only when it confers benefits in addition
to those required by this act commensurate with such contributions. Certificates. Sec. 45. Whenever such scheme or plan is approved by the Iowa
industrial commissioner, he shall issue a certificate to that effect, whereupon it shall be legal for such employer, or group of employers, to contract with any or all of his or their workmen to substitute such scheme or plan for the provisions of this act during a period of time
fixed by said department. Termination of
of Sec. 46. Such scheme or plan may be terminated by the Iowa indusschemes.
trial commissioner on reasonable notice to the interested parties if it shall appear that the same is not fairly administered, or if its operation shall disclose latent defects threatening its solvency, or if for any substantial reason it fails to accomplish the purpose of this act; but from any such order of said Iowa industrial commissioner the parties affected, whether employer or workman, may, upon the giving of proper bond to protect the interests involved appeal for equitable relief to the dis
trict court of this State. Commission for Sec. 47. No insurer of any obligation under this act shall either by insuring
himself or through another, either directly or indirectly, charge or accept as a commission or compensation for placing or renewing any insurance under this act more than fifteen (15) per cent of the premium
charged. Provisions of SEC. 48. Every policy issued by any insurance corporation, associapolicy.
tion or organization to assure the payment of compensation under this act shall contain a clause providing that between any employer and the insurer, notice, to and knowledge of the occurrence of injury or death on the part of the insured shall be notice and knowledge on the part of the insurer; and jurisdiction of the insured for the purpose of this act shall be jurisdiction of the insurer and the insurer shall be bound by every agreement, adjudgment, award or judgment rendered against the insured.
Sec. 49. No policy of insurance issued under this act shall contain Insolvency of any provision relieving the insurer from payment if the insured becomes emple insolvent or discharged in bankruptcy during the period that the policy is in operation, or the compensation, or any part of it, is due and unpaid. Every policy shall provide that the workmen shall have a first lien upon any amount becoming due on account of such policy to the insured from the insurer, and that in case of the legal incapacity, inability or disability of the insured to receive the amount due and pay it over to the insured workman, or his dependents, said insurer shall pay the same directly to such workman, his agent, or to a trustee for him or his dependents, to the extent of discharging any obligation of the insured to said workman or his dependents.
Sec, 50. Where an employer coming under this act furnishes proofs Insuranco. not to the insurance department satisfactory to the insurance department requ
required, when. and Iowa industrial commissioner, of such employer's solvency and financial ability to pay the compensation and benefits as by this act provided and to make such payments to the parties when entitled thereto, or when such employer deposits with such insurance department security satisfactory to such insurance department and the Iowa industrial commissioner as well secure the payment of such compensation, such employer shall be relieved of the provision of section fortytwo (42) of this act: Provided, That such employer shall from time to time, as may be required by such insurance department and Iowa industrial commissioner, furnish such additional proof of solvency and financial ability to pay as by this section of this act provided.
The insurance department and Iowa industrial commissioner may, at any time, upon reasonable notice to such employer and upon hearing, revoke for cause any order or approval theretofore made, as by this act provided and within the contemplation of this section.
Sec. 51. Part one of this act shall take effect from and after July Act in effect. first, 1914, and parts two and three July fourth, 1913.
And any employer or employee wbo serves the notice to reject the Notice. terms of the act as by the act provided not less than thirty days before part one thereof takes effect, such notice for the purpose [of] rejecting the terms of the act shall have the same force and effect as though part one had taken effect July fourth, 1913.
Approved April 18 A. D. 1913.
ACTS OF 1911. CHAPTER 218.—Compensation for injuries to workmen. SECTION 1. If in any employment to which this act applies, personal Compensa injury by accident arising out of and in the course of employment is
tion payable, caused to a workman, his employer shall, subject as hereinafter mentioned, be liable to pay compensation to the workman in accordance with this act. Save as herein provided, no such employer shall be liable for any injury for which compensation is recoverable under this act: Provided, That (a) the employer shall not be liable under this act in respect of any injury which does not disable the workman for a period of at least two weeks from earning full wages at the work at which he is employed; (b) if it is proved that the injury to the workman results from his deliberate intention to cause such injury, or from his willful failure to use a guard or protection against accident required pursuant to any statute and provided for him, or a reasonable and proper guard and protection voluntarily furnished him by said employer, or solely from his deliberate breach of statutory regulations