« ForrigeFortsett »
thousand dollars, and thereafter five per centum of such premiums, until such time as in the judgment of the commission such surplus shall be sufficiently large to cover the catastrophe hazard. The commission shall also set up and maintain a reserve adequate to meet anticipated
losses and carry all claims and policies to maturity. Investmont. SEC. 93. The commission may, pursuant to a resolution of the com
mission approved by the comptroller, invest any of the surplus or reserve funds belonging to the State insurance fund in the same securities and investments authorized for investment by savings banks. All such securities or evidences of indebtedness shall be placed in the hands of the State treasurer who shall be the custodian thereof. He shall collect the principal and interest thereof, when due, and pay the same into the State insurance fund. The State treasurer shall pay all vouchers drawn on the State insurance fund for the making of such investments when signed by two members of the commission, upon delivery of such securities or evidences of indebtedness to him, when there is attached to such vouchers a certified copy of the resolution of the commission authorizing the investment. The commission may, upon like resolution
approved by the comptroller, sell any of such securities. Expense of a
ad. SEC. 94. The entire expense of administering the State insurance ministration.
fund shall be paid in the first instance by the State, out of moneys appropriated therefor. In the month of January, nineteen hundred and eighteen, and annually thereafter in such month, the commission shall ascertain the just amount incurred by the commission during the pre· ceding calendar year, in the administration of the State insurance fund
exclusive of the expense for the examination, determination and payment of claims, and shall refund such amount to the State treasury. If there be employees of the commission other than the commissioners themselves and the secretary whose time is devoted partly to the general work of the commission and partly to the work of the State insurance fund, and in case there is other expense which is incurred jointly on behalf of the general work of the commission and the State insurance fund, an equitable apportionment of the expense shall be made for such purpose and the part thereof which is applicable to the State insurance fund shall be chargeable thereto. As soon as practicable after December thirty-one, nineteen hundred and seventeen, and annually thereafter, the commission shall calculate the total administrative expense incurred during the preceding calendar year in connection with the examination, determination and payment of claims and the percentage which this expense bore to the total compensation payments made during that year. The percentage so calculated and determined shall be assessed against the insurance carriers including the State fund as an addition to the payments required from them in the settlement of claims during the year immediately following, and the amounts so secured shall be transferred to the State treasury to reimburse it for this
portion of the expense of administering this chapter. Risks and pre SEC. 95. Employments coming under the provisions of this chapter miums.
shall be divided for the purposes of the State fund, into the groups set forth in section two of this chapter. Separate accounts shall be kept of the amounts collected and expended in respect to each such group for convenience in determining equitable rates; but for the purpose of paying compensation the State fund shall be deemed one and indivisible. The commission shall have power to rearrange any of the groups set forth in section two by withdrawing any employment embraced in it and transferring it wholly or in part to any other group, and from such employments to set up new groups at its discretion. The commission shall determine the hazards of the different classes composing each group and fix the rates of premium therefor based upon the total payroll and number of employees in each of such classes of employment at the lowest possible rate consistent with the maintenance of a solvent State insurance fund and the creation of a reasonable surplus and reserve; and for such purpose may adopt a system of schedule rating in such a
manner as to take account of the peculiar hazard of each individual risk. Associations for Sec. 96. The employers in any of the groups described in section two accident prevention.
on or established by the commission may with the approval of the com
inission form themselves into an association for accident prevention, and may make rules for that purpose. If the commission is of the opinion that an association so formed sufficiently represents the employers in such group, it may approve such rules, and when so approved and approved by the industrial board of the labor department they shall be binding on all employers in such group. If such an approveil association appoint an inspector or expert for the purpose of accident prevention, the commission may at its discretion provide in whole or in part for the payment of the remuneration and expenses of such inspector or expert, such payment to be charged in the accounting to such group. Every such approved association may make recommendations to the commission concerning the fixing of premiums for classes of hazards, and for individual risks within such group. Sec. 97. The following requirements shall be observed in classifying Rules as to clas
sifications, etc. employments and fixing and adjusting premium rates:
1. The commission shall keep an accurate account of the money paiil in premiums by each of the several classes of employments or industries, and the disbursements on account of injuries and deaths of employees thereof, including the setting up of reserves adequate to meet anticipated losses and to carry the claims to maturity, and also, on account of the money received from each individual employer and the amount disbursed from the State insurance fund on account of injuries and death of the employees of such employer, including the reserves so set up;
2. On January first, nineteen hundred and fifteen, and every fifth year thereafter, and at such other times as the commission, in its discretion, may determine, a readjustment of the rate shall be made for each of the several groups of employment or industries and of each hazard class therein, which, in the judgment of the commission, shall have developed an average loss ratio, in accordance with the experience of the commission in the administration of the law as shown by the arcounts kept as provided herein;
3. If any such accounting show an aggregate balance (deemed by the commission to be safely and properly devisible (divisible]) remaining to the credit of any class of employment or industry, after the amount required shall have been credited to the surplus and reserve funds and after the payment of all awards for injury or death lawfully chargeable against the game, the commission may in its discretion credit to each individual member of such group, who shall have been a subscriber to the State insurance fund for a period of six months or more prior to the time of such readjustment, and whose premium or premiums exceed the amount of the disbursements from the fund on account of injuries or death of his employees during such period, on the installment or installments of premiums next due from him such proportion of such balance as the amount of his prior paid premiums sustains to the whole amount of such premiums paid by the group to which he belongs since the last readjustment of rates;
4. If the amount of premiums collected from any employer at the beginning of any period of six months is ascertained and calculated by using the estimated expenditure of wages for the period of time covere l by such premium payment as a basis, an adjustment of the amount of such premium shall be made at the end of such six months, and the actual amount of such premium shall be determined in accordance with the amount of the actual expenditure of wages for such period; and, if euch wage expenditure for such period is less than the amount on which such estimateil premium was collected, such employer shall be entitlel to receive a refund from the State insurance fund of the difference between the amount so paid by him and the amount so found to be actially due, or to have the amount of such difference credited on succeed. ing premium payments, at his option; and if such actual premium, when so ascertained, exceeds in amount a premium so paid by guch employer at the beginning of such six months, such employer shall immediately upon being advised of the true amount of such premiuri due, forthwith pay to the treasurer of the State an amount equal to tha diilerence between the amount actually found to be due and the amount paid by him at the beginning of such six months' period. SEC. 98. Except as otherwise provided in this chapter, all premiums Premium3 pay.
able, when. shall be paid by every employer into the State insurance fund on or able, before July first, nineteen hundred and fourteen, and semiannually thereafter, or at such other time or times as may be prescribed by the commission. The commission shall mail a receipt for the same to the
employer and place the same to the credit of the State insurance fund
in the custody of the State treasurer. Collection of Sec. 99. If an employer shall default in any payment required to be premiums.
made by him to the State insurance fund, the amount due from him shall be collected by civil action against him in the name of the people of the State of New York, and it shall be the duty of the commission on the first Monday of each month after July first, nineteen hundred and fourteen, to certify to the attorneygeneral of the State the names and residences, or places of business, of all employers known to the commission to be in default for such payment or payments for a longer period than five days and the amount due from such employer, and it shall then be the duty of the attorney general forthwith to bring or cause to be brought against each such employer a civil action in the proper court for the collection of such amount so due, and the same when collected, shall be paid into the State insurance fund, and such employer's compliance with the provisions of this chapter requiring payments to be made to the State insurance fund shall date from the iime of the payment of said money so collected as aforesaid to the
State treasurer for credit to the State insurance fund. Withdrawal of Sec. 100. Any employer may, upon complying with subdivision two employers from or three of section fifty of this chapter, withdraw from the fund by fund,
turning in his insurance contract for cancellation, provided he is not in arrears for premiums due the fund and has given to the commission written notice of his intention to withdraw within thirty days before the expiration of the period for which he has elected to insure in the fund; provided that in case any employer so withdraws, his liability to assessments shall, notwithstanding such withdrawal, continue for one year after the date of such withdrawal as against all liabilities for
such compensation accruing prior to such withdrawal. Pay rolls. Sec. 101. Every employer who is insured in the State insurance
fund shall keep a true and accurate record of the number of his employees and the wages paid by him, and shall furnish to the commission, upon demand, a sworn statement of the same. Such record shall be open to inspection at any time and as often as the commission shall require to verify the number of employees and the amount of the pay
roll. Falsification of Sec. 102. An employer who shall willfully misrepresent the amount pay rolls.
of the pay roll upon which the premiums chargeable by the State insurance fund is to be based shall be liable to the State in ten times the amount of the difference between the premiums paid and the amount the employer should have paid had his pay roll been correctly computed; and the liability to the State under this section shall be enforced in a civil action in the name of the State insurance fund, and any
amount so collected shall become a part of such fund. Misrepresenta- Sec. 103. Any person who willfully misrepresents any fact in order
to obtain insurance in the State insurance fund at less than the proper rate for such insurance, or in order to obtain payment out of such fund,
shall be guilty of a misdemeanor. Inspections. Sec. 104. The commission shall have the right to inspect the plants
and establishments of employers insured in the State insurance fund; and the inspectors designated by the commission shall have free access
to such premises during regular working hours. Information Sec. 105. Information acquired by the commission or its officers or confidential.
employees from employers or employees pursuant to this chapter shall not be opened to public inspection, and any officer or employee of the commission who, without authority of the commission or pursuant to its rules or as otherwise required by law shall disclose the same shall be guilty of a misdemeanor.
Article 6. Penalties go to SECTION 110. All penalties imposed by this chapter shall be appliexpense funds.
cable to the expenses of the commission. When collected by the commission such penalties shall be paid into the State treasury and be thereafter appropriated by the legislature for the purposes pre
scribed by this section. Accidents to be Sec. lll. Every employer shall keep a record of all injuries, fatal reported.
or otherwise, received by his employees in the course of their employment. Within ten days after the occurrence of an accident resulting in personal injury a report thereof shall be made in writing by the
employer to the commission upon blanks to be procured from the commission for that purpose. Such report shall state the name and nature of the business of the employer, the location of his establishment or place of work, the name, address and occupation of the injured employee, the time, nature and cause of the injury and such other information as may be required by the commission. An employer who refuses or neglects to make a report as required by this section shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars. SEC. 112. Every employer shall furnish the commission, upon Employers to
furnish informarequest, any information required by it to carry out the provisions of
tion. this chapter. The commission, a commissioner, deputy commissioner, or any person deputized by the commission for that purpose, may examine under oath any employer, officer, agent or employee. An employer or an employee receiving from the commission a blank with directions to file the same shall cause the same to be properly filled out so as to answer fully and correctly all questions therein, or if unable to do so, shall give good and sufficient reasons for such failure. Answers to such questions shall be verified under oath and returned to the commission within the period fixed by the commission therefor.
SEC. 113. All books, records and pay rolls of the employers showing Inspection of or reflecting in any way upon the amount of wage expenditures of such
ords. employers shall always be open for inspection by the commission or any of its authorized auditors, accountants or inspectors for the purpose of ascertaining the correctness of the wage expenditure and number of men employed and such other information as may be necessary for the uses and purposes of the commission in the administration of this chapter.
Sec. 114. The provisions of this chapter shall apply to employers and Interstate comemployees engaged in intrastate, and also in interstate or foreign com- merce. merce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreigh commerce, except that such employer and his employees working only in this State may, subject to the approval and in the manner provided by the commission and so far as not forbidden by any act of congress, accept and become bound by the provisions of this chapter in like manner and with the same effect in all respects as provided herein for other employers and their employees.
Sec. 115. If for the purpose of obtaining any benefit or payment False stateunder the provisions of this chapter, either for himself or any other ments. person, any person willfully makes a false statement or representation, he shall be guilty of a misdemeanor.
Sec. 116. No limitation of time provided in this chapter shall run as Limitations as against any person who is mentally incompetent or a minor dependent to
ndont to incompetents. so long as he has no committee, guardian or next friend.
Sec. 117. The commissioner of labor shall render to the commission Commissioner any proper aid and assistance by the department of labor as in his of labo judgment does not interfere with the proper conduct of such department.
Sec. 118. If any section or provision of this chapter be decided by Invalidity of the courts to be unconstitutional or invalid, the same shall not affect the part of law. validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
SEC. 119. This act shall not affect any action pending or cause of Pending causes. action existing or which accrued prior to July first, nineteen hundred and fourteen.
Article 7. SECTION 131. This chapter shall take effect January first, nineteen Act takes effect, hundred and fourteen, provided that the application of this chapter When. as between employers and employees and the payment of compensation for injuries to employees or their dependents, in case of death, shall take effect July first, nineteen hundred and fourteen, but payments into the State insurance fund may be made prior to July first, nineteen hundred and fourteen.
Approved December 16, 1913.
CONSTITUTION. ARTICLE II.--Legislative-Compensation of workmen for injuries. Compulsory in- SECTION 35. For the purpose of providing compensation to worksurance system.
men and their dependents, for death, injuries or occupational dis. ease, occasioned in the course of such workmen's employment, laws may be passed establishing a State fund to be created by compulsory contribution thereto by employers, and administered by the State, determining the terms and conditions upon which payment shall be
made therefrom, and taking away any or all rights of action or defenses Right of action. from employees and employers; but no right of action shall be taken
away from any employee when the injury, disease or death arise from
failure of the employer to comply with any lawful requirement for the Board of classi- protection of the lives, health and safety of employees. Laws may be fication, etc.
passed establishing a board which may be empowered to classify all
(Added by act, page 95, Acts of 1913.) Appointment. SECTION 871-1. There is hereby created the Industrial Commission
of Ohio, to be composed of three members to be appointed by the goyernor within thirty days after this act goes into effect, one of the members of such commission shall be appointed for the term of two years, one member for four years, and one member for six years, and thereafter each member shall be appointed for the term of six years. Not more than one of the appointees to such commission shall be a person who, on account of his previous vocation, employment or affiliations, can be classed as a representative of employers, and not more than one of such appointees shall be a person who, on account of his previous vocation, employment or affiliations, can be classed as a representative of employees; not more than two of the members of the said commission
shall belong to the same political party Removal. Sec. 871-2. The governor at any time shall remove any member of
the Industrial Commission of Ohio for inefficiency, neglect of duty,
malfeasance, misfeasance or nonfeasance in office. Inconsistent Sec. 871-3. No commissioner shall hold any position of trust or employments.
profit, or engage in any occupation or business, interfering or inconsistent with his duties as such commissioner, and no commissioner
shall serve on any committee of any political party. Salary.
SEC, 871-4. Each of said commissioners shall receive an annual salary of $5,000, payable in the same manner as the salaries of other State officers are paid. Before entering upon the duties of his office, each commissioner shall take and subscribe the constitutional oath of office and shall swear or affirm that he holds no position under any committee of a political party, which oath or affirmation shall be filed in
the office of the governor. Each member of the commission shall give a Bonds. bond in the sum of $10,000, which bond shall be approved by the gov
ernor and filed with the treasurer of State. All employees or deputies of the commission receiving or disbursing funds of the State shall give bond to the State in amounts and with surety to be approved by
the commission. Offices.
SEC. 871-6. The commission shall keep and maintain its office in the city of Columbus, Ohio, * * * The commission may hold
sessions in any place within the State of Ohio. Seal.
Sec. 871-8. The commission shall have an official seal for the authentication of its orders and proceedings, upon which seal shall be engraved the words, “The Industrial Commission of Ohio," and such other design as the commission may prescribe; and the courts in this State shall take judicial notice of the seal of the said commission, and in all cases copies of orders, proceedings or records in the office of the Industrial Commission of Ohio, certified by the secretary of the said commission under its seal, shall be equal to the original as evidence.