« ForrigeFortsett »
plovers 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 approved 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 account ing 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 tockuemployments and fixing and adjusting premium rates: slflcations, etc.
1. The commission shall keep an accurate account of the money pai l 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 Dy the accounts 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 same, 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* I 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 wit h the amount of the actual expenditure of wages for such period; and. if such wage expenditure for such period is less than the amount on which such estimated premium was collected, such employer shall be entitled 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 actually due, or to have the amount of such difference credited on succeeding premium payments, at his option; and if such actual premium, when so ascertained, exceeds in amount a premium so paid by such employer at the beginning of such six months, such employer shall immediately upon being advised of the true amount of such premiui i due, forthwith pay to the treasurer of the State an amount equal to th>difference 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 Premiunu payshall be paid by every employer into the State insurance fund on or a>le>whonbefore 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 Kew 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 attorneygeneral 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 time 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
f3'°yers or llirce of action fifty of this chapter, withdraw from the fund by 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. Payrolls. 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 roils. 0f ^ pay rojj Upon which the premiums chargeable by the State insur
ance 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.
Misrepresents- Sec 103. Any person who willfully misrepresents any fact in order tlon3- 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.
Penalties go to Section 110. All penalties imposed by this chapter shall be applieipense funds. caDie 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 prescribed by this section. Accidents to be sF.c. 111. Every employer shall keep a record of all injuries, fatal reported. or otherwise, received by liis employees in the course of their employ
ment. 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 nundred dollars.
Sec. 112. Every employer shall furnish the commission, upon Employers to request, any information required by it to carry out the provisions of 'jTM. 'nformathis 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 oSs!°yers 'TMC* 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 cornemployees engaged in intrastate, and also in interstate or foreign com- mercemerce, 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 foreign 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 mentsperson, 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 anv peraon who is mentally incompetent or a minor dependentto mcomPetentsso 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 oflal,orjudgment does not interfere with the proper conduct of such department.
Sec. 118. If any section or provision of this chapter be decided by Invalidity oi the courts to be unconstitutional or invalid, the same sliall not affect the p 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.
Section 131. This chapter shall take effect January first, nineteen Act takes effect, hundred and fourteen, provided that the application of this chapter wnenas 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.
Compulsory in- Section 35. For the purpose of providing compensation to work-
Industrial commission—Administration of workmen's insurance law.
Appointment. Section 871-1. There is hereby created the Industrial Commission of Ohio, to be composed of three members to be appointed by the governor 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.
iut-oasi s t e n t 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
Bends. 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.
Sec. 871-9. The commission shall be in continuous session and Sessions, open for the transaction of business during all bueiness hours of each and every day, excepting Sundays and legal holidays. The sessions shall be open to the public and the sessions of the commission shall stand and be adjourned without further notice thereof on its record. Records. All of the proceedings of the commission shall be shown on its records, which shall be a public record, and all voting shall be had by calling each member's name by the secretary, and each member's vote shall be recorded on the proceedings as cast.
Sec. 871-12 (as amended by act, page 656, Acts of 1913). The in- . Additional dudustrial commission shall supersede and perform all of the duties of the t:es' State liability board of awards, * * * and said commitsion on and after the first day of September, 1913, as successor of the said liability board of awards, shall be vested with and assume and exercise all powers and duties cast by law upon said liability board of awards, and on the first day of September, 1913, the term of office of the members constituting the said State Liability Board of Awards of Ohio shall cease and terminate, together with all rights, privileges and emoluments connected therewith.
Workmen's insurance—State liability board.
(Page 524, Acts of 1911; amended, pages 72 and 396, Acta of 1913.)
Section- 1465-37. There is hereby created a State liability board of Board created, awards. [This body has been superseded by the Industrial Commission of Ohio. See section 871-1 et aeq., above.]
Sec. 1465-41. A majority of the board shall constitute a quorum for Quorum, the transaction of business, and a vacancy shall not impair the right of the remaining members to exercise all the powers of the full board so long as a majority remains. Any investigations, inquiry or hearing which the board is authorized to hold, or undertake, may be held or undertaken by or before any one member of the board. All investigations, inquiries, hearings and decisions of the board, and every order made by a member thereof, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, shall be deemed to be the order of the board.
The board may hold sessions at any place within the State.
Sec. 1465-43. The board may employ a secretary, actuaries, account- Employees, ants, inspectors, examiners, experts, clerks, physicians, stenographers and other assistants, and fix their compensation. Such employment and compensation shall be first approved by the governor and snail be paid out of the State treasury. The members of the lx>ard, secretary. Expanses, actuaries, accountants, inspectors, examiners, experts, clerks, physicians, stenographers, and other assistants that may be employed shall be entitled to receive from the State treasury their actual and necessary expenses while traveling on the business of the board, and the members of the board may confer and meet with officers of other States and officers of the United States on any matters pertaining to their official duties. Such expenses shall be itemized and sworn to by the person who incurred the expense and allowed by the board.
Sec. 1465-44. The board shall adopt reasonable and proper rules to Rules, govern its procedure, regulate and provide for the kina and character of notices, and the services thereof, in cases of accident and injury to employees, the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the right to benefits of compensation from the State insurance fund, hereinafter provided for, the forms of application of those claiming to be entitled to benefits or compensation therefrom, the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made.
Sec. 1465-45. Every employer shall furnish the board, upon request, Duty of emall information required by it to carry out the purposes of this act. In P'°y6rsthe month of January of each year, every employer of the State, employing five or more employees regularly in the same business, or in or about the same establishment, shall prepare and mail to the board, at its main office in the city of Columbus, Ohio, a statement containing the following information, viz: the number of employees employed during the preceding year from January 1 to December 31t<t inclusive; the number of such employees employed at each kind of employment; and, the aggregate amount of wages paid to such employees, which in