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Therefore, commutation is a departure from the normal method of payment and is to be allowed only when it clearly appears that some unusual circumstances warrant such a departure. Commutation shall not be allowed for the purpose of enabling the injured employee, or the dependents of a deceased employee, to satisfy a debt, or to make

payment to physicians, lawyers or any other persons. Attorneys' fees." When any proceedings have been taken under the provisions of para

graph twenty or paragraph twenty-one of this act, the judge of the court of common pleas shall, as a part of his determination and order, either for payment or for commutation of payment, settle and determine the amount of compensation to be paid by the injured employee or his dependents, on behalf of whom such proceedings are instituted, to his legal adviser or advisers, and it shall be unlawful for any lawyer, or other person acting in that behalf, to ask for, contract for or receive any larger sum than the amount so fixed; and in the order determining weekly payments where no commutation is made, the judge shall also determine the amount to be paid per week from the compensation payment on account of the legal fee thus awarded, and it shall be unlawful for the legal adviser, or other person acting in that behalf, to ask for, contract for or receive a larger sum per week than the allowance thus determined. Violation of the restrictions contained in this clause shall

constitute contempt of court and shall be punished accordingly. Revision of An agreement or award of compensation may be modified at any time awards.

by a subsequent agreement, or at any time after one year from the time when the same became operative, it may be reviewed upon the application of either party on the ground that the incapacity of the injured employee has subsequently increased or diminished. In such case the provisions of paragraph seventeen with reference to medical examina

tion shall apply.

to 21. (a) At any time after the entry of the award, a sum equal to all trustees.

future installments of compensation may (where death or the nature of the injury renders the amount of future payments certain) by leave of court, be paid by the employer to any savings bank, trust company or life insurance company in good standing and authorized to do business in this State and having an office in the county in which the award was entered, and such sum, together with all interest thereon, shall there after be held in trust for the employee or the dependents of the employee, who shall have no further recourse against the employer. The payment of such sum by the employer, evidenced by the receipt of the trustee noted upon the docket of the clerk of the court, shall operate as a satisfaction of said award as to the employer. Payments from said fund shall be made by the trustee in the same amounts and at the same times as are herein required of the employer until said fund and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the court, to the choice of the employee or the dependents of the deceased employee. The expense of administration of such trust shall be fixed by the court and paid by the

employer. Compensation 22. The right of compensation granted by this act shall have the same preferred.

preference against the assets of the employer as is now or may hereafter

be allowed by law for a claim for unpaid wages for labor. Claims or payAssignments. ments due under this act shall not be assignable, and shall be exempt

from all claims of creditors and from levy, execution or attachment.

SECTION 1.--GENERAL PROVISIONS,

Definitions.

23. For the purposes of this act, willful negligence shall consist of (1) deliberate act or deliberate failure to act; or (2) such conduct as evidences reckless indifference to safety; or (3) intoxication, operating as the proximate cause of injury.

Wherever 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.

Employer is declared to be synonymous with master and includes natural persons, partnerships and corporations; employee is synonymous with servant and includes all natural persons who perform service for another for financial consideration, exclusive of casual employments. Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot.

No agreement, composition or release of damages made before the Waivers. happening of any accident, except the agreement defined in section two of this act, shall be valid or shall bar a claim for damages for the injury resulting therefrom, and any such agreement, other than that defined in section two herein, is declared to be against the public policy of this State. The receipt of benefits from any association, society or fund to which the employee shall have been a contributor shall not bar the recovery of damages by action at law or the recovery of compensation under section two hereof.

Where a third person or corporation is liable to the employee or his Liability of dependents for an injury or death, the existence of a right of compensa

third persons. tion from the employer under this statute shall not operate as a bar to the action of the employee or his dependents, nor be regarded as establishing a measure of damage therein. However, in event that the employee or his dependents shall recover from the said third person or corporation, a sum equivalent to or greater than the total compensation payments for which the employer is liable under this statute, the employer shall be released thereby from the obligation of compensation. Ii, however, the sum so recovered from the third person or corporation is less than the total of compensation payments, the employer shall be liable only for the difference. The obligation of the employer under this statute to make compensation shall continue until the payment, if any, by such third person or corporation is made. Such employer shall file with the third person or corporation so liable, at any time prior to payment, a statement of the compensation agreement or award between himself and his employee, or the dependents of the employee, and the employer shall thereafter be entitled to receive from such third person or corporation, upon the payment of any amount in release or in judgment by the third person or corporation on account of his or its liability to the injured employee or his dependents, a sum equivalent to the amount of compensation payments which the employer has theretofore paid to the injured employee or his dependents, which payments shall be deducted by the third person or corporation from the eum paid in release or judgment to the injured employee or his dependents.

Wherever in section two of this act the term “wages" is used, it shall Wagas defined. be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, and shall not include gratuities received from the employer or others, nor shall it include board, lodging or similar advantages received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring. Where prior to the accident the rate of wages is fixed by the output of the employee, his weekly wages shall be taken to be six times his average daily earnings for a working day of ordinary length, excluding overtime. This rate of weekly wages shall be calculated by dividing the total value of the employee's output during the actual number of full working days during the preceding six months, by the number of days the workman was actually employed. All parts of this calculation shall refer to employment by the same employer.

In case of personal injuries or death all claims for compensation on Claim in one account thereof shall be forever barred unless within one year after the year. accident the parties shall have agreed upon the compensation payable under this act, or unless within one year after the accident one of the parties shall have filed a petition for adjudication of compensation as provided herein. 24. In case for any reason any paragraph or any provision of this act Constitution.

ality and conshall be questioned in any court and shall be held to be unconstitu

struction of act. tional or invalid, the same shall not be held to affect any other paragraph or provision of this act, except that Sections I and II are hereby declared to be inseparable, and if either section be declared void or inoperative in an essential part, so that the whole of such section must fall, the other section shall fall with it and not stand alone. Section I of this act shall not apply in cases where Section II becomes operative

in accordance with the provisions thereof, but shall apply in all other

cases, and in such cases shall be in extension of the common law. Prior injuries. 25. Every right of action for negligence, or to recover damages for

injuries resulting in death, existing before this act shall take effect, is continued, and nothing in this act contained shall be construed as affecting any such right of action, nor shall the failure to give the notice provided for in Section II, paragraph fifteen of this act, be a bar to the maintenance of a suit upon any right of action existing before

this act shall take effect. Repealer. 26. All acts or parts of acts inconsistent with the provisions of this act

are hereby repealed. Act in effect. 27. This act shall take effect on the fourth day of July next succeed

ing its passage and approval.

Approved April 4, 1911.

CHAPTER 368.--Contracts of employment-Presumption as to election. Prior contracts. SECTION 1. Every contract of hiring, verbal, written cr implied from

circumstances, now in operation or made or implied prior to the time limited for the act to which this act is a supplement (chapter 95, Acts of

1911] to take effect, shall, after this act takes effect, be presumed to Notice of rejec- continue subject to the provisions of section two of the act to which this tion required.

act is a supplement, unless either party shall, prior to accident, in writing, notify the other party to such contract that the provisions of section two of the act to which this act is a supplement are not

intended to apply. Act in effect. SEC. 2. This act shall take effect on the fourth day of July next suc

ceeding its passage and approval.

Approved May 2, 1911.

ACTS OF 1912.

CHAPTER 316.—Compensation of workmen for injuries-Decisions to be

reported. Commissioner SECTION 1. The clerk of each of the courts of common pleas in this of labor to receive

* State, whenever any order is filed by the judge of such court making a decisions.

decision upon any matter arising under the provisions of an act entitled
“An act prescribing the liability of an employer to make compensation
for injuries received by an employee in the course of employment,
* * '* (chapter 95, Acts of 1911] establishing an elective schedule
of compensation, and regulating procedure for the determination of lia-
bility and compensation thereunder,” approved April fourth, nineteen
hundred and eleven, shall forthwith focward to the commissioner of
labor of the State of New Jersey a copy of the said order, which need
not be certified, without any charge being made therefor.
Approved April 1, 1912.

ACTS OF 1913.

CHAPTER 145.Compensation of workmen for injuriesPublic em.

ployees.

Who entitled to SECTION 1. Every employee who shall be in the employ of the compensation.

State, county, municipality or any board or commission, or any other governing body, including boards of education, within this State, shall be compensated under and by virtue of section two to which this act is a supplement: Provided, however, That no person receiving a salary greater than twelve hundred dollars per year, nor any person holding an elective office shall be entitled to compensation: And provided further, That nothing herein contained shall be construed as affecting any

pension fund now or hereafter provided by law. How payments Sec. 2. When any payment shall be due under the provisions of this are to be made.

supplement or the act to which it is a supplement, the name of the injured employee, or in case of his death, the names of the persons to whom payment is to be made as his dependents, shall be carried upon the pay roll, and payment shall be made in the same manner and from the same source in which and from which the wages of the injured employee were paid. In event that any extraordinary payment larger than the weekly rate of compensation shall be due, such payment shall be made from any fund available for the maintenance or incidental expenses of the institution, department, board or governing body under and by which the employee was employed.

Approved March 27, 1913.

NEW YORK.
CONSTITUTION.

system.

ARTICLE 1.-Safety of workmen-Compensation for injuries. SECTION 19. Nothing contained in this constitution shall be con- Safety laws. strued to limit the power of the legislature to enact laws for the protection of the lives, health, or safety of employees; or for the payment, either by employers, or by employers and employees or otherwise, either directly or through a State or other system of insurance or otherwise, of coinpensation for injuries to employees or for death of employees Compensation resulting from such injuries without regard to fault as a cause thereof, sys except where the injury is occasioned by the willful intention of the injured employee to bring about the injury or death of hinself or of another, or where the injury results solely from the intoxication of the injured employee while on duty; or for the adjustment, determination and settlement, with or without trial by jury, of issues which may arise under such legislation; or to provide that the right of such compensa- Exclusive remtion, and the remedy therefor shall be exclusive of all other rights and remedies for injuries to employees or for death resulting from such injuries; or to provide that the amount of such compensation for death. shall not exceed a fixed or determinable sum: Provided, That all moneys paid by an employer to his employees or their legal representatives, by reason of the enactment of any of the laws herein authorized, shall be held to be a proper charge in the cost of operating the business of the employer. Adopted November 4, 1913.

CONSOLIDATED LAWS.

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CHAPTER 31.-Compensation of workmen for injuries.-Elective statute.

(Sections 205 to 212 added by chapter 352, Acts of 1910.) SECTION 205. When and if any employer in this State and any of his Consent tocomemployees shall consent to the compensation plan described in sections pensation plan. two hundred and six to two hundred and twelve, inclusive, of this article, hereinafter referred to as the plan, and shall signify their consent thereto in writing signed by each of them or their authorized agents, and acknowledged in the manner prescribed by law for taking the acknowledgment of a conveyance of real property, and such writing is filed with the county clerk of the county in which it is signed by the employee, then so long as such consent has not expired or been canceled as hereinafter provided, such employee, or in case injury to him results in death, his executor or administrator, shall have no other right of action against the employer for personal injury or death of any kind, under any statute or at common law, save under the plan so consented to, except where personal injury to the employee is caused in whole or in part by the failure of the employer to obey a valid order made by the commissioner of labor or other public authority authorized to require the employer to safeguard his employees, or where such injury is caused by the serious or willful misconduct of the employer. In such excepted cases thus described, no right of action which the em- Actions. ployee has at common law or by any other statute shall be affected or lost by his consent to the plan, if such employee, or in case of death his executor or administrator, commences such action before accepting any

30597°—Bull. 126-14- 22

benefit under such plan or giving any notice of injury as provided in section two hundred and six hereof. The commencing of any legal action whatsoever at common law or by any statute against the employer on account of such injury, except under the plan, shall bar the employee, and in the event of his death his executors, administrators,

dependents and other beneficiaries, from all benefit under the plan, Railroads ex- This section and sections two hundred and six to two hundred and cluded.

twelve, inclusive, of this article shall not apply to a railroad corporation, foreign or domestic, doing business in this State, or a receiver

thereof, or to any person employed by such corporation or receiver, Compensation Sec. 206. If personal injury by accident arising out of and in the payable, when.

course of the employment is caused to the employee, the employer shall, subject as hereinafter mentioned, be liable to pay compensation under the plan at the rates set out in section two hundred and seven of this article: Provided, That the employer shall not be liable in respect of any injury which does not disable the employee for a period of at least two weeks from earning full wages at the work at which he was employed, and that the employer shall not be liable in respect of any injury to

the employee which is caused by the serious and willful misconduct of Notice.

that employee. No proceedings for recovery under the plan provided hereby shall be maintained unless notice of the accident has been given to the employer as soon as practicable after the happening thereof and before the employee has voluntarily leit the employment in which he was injured and during such disability, and unless claim for compensation with respect to the accident has been made within six months from the occurrence of the accident, or in the case of death of the employce, or in the event of his physical or mental incapacity within six months after such death or removal of such physical or mental incapacity, or in the event that weekly payments have been made under the plan, within six months after such payments have ceased; but no want of or defect or inaccuracy of a notice shall be a bar to the maintenance of proceedings under the plan unless the employer proves that he is prejudiced by such want, defect or inaccuracy. Notice of the accident shall apprise the employer of the claim for compensation under this plan and shall state the name and address of the employee injured, the date and place of the accident and in simple language the cause thereof. The notice may be served personally or by sending it by mail in a registered letter addressed to the employer at his last known

residence or place of business. Amount pay; Sec. 207. The amount of compensation under the plan shall be: alile in case of 1. In case death results from injury: death.

(a) If the employee leaves a widow or next of kin at the time of his death wholly dependent on his earnings, a sum equal to twelve bundred times the daily earnings of the employee at the rate at which he was being paid by the employer at the time of the accident, but not more in any event than three thousand dollars. Any weekly payments previously made under the plan shall be deducted in ascertaining such amount payable on death.

(b) If such widow or next of kin or any of them are in part only dependent upon his earnings, such sum not exceeding that provided in subdivision (a) as may be determined to be reasonable and proportionate to the injury to such dependents.

(c) If he leaves no widow, or next of kin so dependent in whole or in part, the reasonable expenses of his medical attendance and burial, not exceeding one hundred dollars. Whatever sum may be determined to be payable under the plan, in case of death of the injured employee, shall be paid to his legal representative for the benefit of such dependents, or if he leaves no such dependents, for the benefit of the person to

whom the expenses of medical attendance and burial are due. Olincapacity. 2. Where total or partial incapacity for work at any gainful employ

ment results to the employee from the injury, a weekly payment commencing at the end of the second week after the injury and continuing during incapacity, subject as herein provided, not exceeding fifty per centum of his average weekly earnings when at work on full time during the preceding year during which he shall have been in the employment of the same employer, or if he shall have been employed less than a

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