« ForrigeFortsett »
Payment of death benefits.
Basis of computing benefits.
but no person shall be considered as dependent unless a member of the family of the deceased employee, or bears to him the relation of husband or widow, lineal descendant, ancestor or brother or sister. The word "child" as used in this act, shall include a posthumous child, and a child legally adopted prior to the injury.
Sec. 1465-83. The benefits in case of death, shall be paid to such one or more of the dependents of the decedent, for the benefit of all the de
i>endents as may be determined by the board, which may apportion the tenefits among the dependents in such manner as it may deem just and equitable. Payment to a dependent subsequent in right may be made, if the board deems it proper, and shall operate to discharge all other claims therefor. The dependent or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support, in compliance with the finding and direction of the board.
In all cases of death where the dependents are a widow and one or more minor children, it shall be sufficient for the widow to make application to the board on behalf of herself and minor children; and in cases where all of the dependents are minors, the application Bhall be made by the guardian or next friend of such minor dependents.
Sec. 1465-84. The average weekly wage of the injured person at the time of the injury shall be taken as the basis upon which to compute the benefits.
Sec. 1465-85. It [If] it is established that the injured employee was of such age and experience when injured as that under natural conditions his wages would be expected to increase, the fact may be considered in arriving at his average weekly wage.
Sec. 1465-86. The powers and jurisdiction of the board over each case shall be continuing, and it may from time to time make such modification or change with respect to former findings or orders with respect thereto, as, in its opinion may be justified.
Sec 1465-87. The board, under special circumstances, and when the same is deemed advisable, may commute periodical benefits to one or more lump sum payments.
Sec. 1465-88. Compensation before payment shall be exempt from all claims or creditors and from any attachment or execution, and shall be paid only to such employees or their dependents.
Sec. 1465-89. In addition to the compensation provided for herein, the board shall disburse and pay from the State insurance fund, such amounts for medical, nurse and hospital Be/vices and medicine as it may deem proper, not, however, in any instance, to exceed the sum of two hundred dollars; and, in case death ensues from the injury, reasonable funeral expenses shall be disbursed and paid from the fund in an amount not to exceed the sum of one hundred and fifty dollars, and the board shall have full power to adopt rules and regulations with respect to furnishing medical, nurse and hospital services and medicine to injured employees entitled thereto, and for the payment therefor.
Sec. 1465-90. The board shall have full power and authority to hear and determine all questions within its jurisdiction, and its decision thereon shall be final. Provided, however, In case the final action of such board denies the right of the claimant to participate at all in such fund on the ground that the injury was self-inflicted or on the ground that the accident did not arise in the course of employment, or upon any other ground going to the basis of the claimant's right , then the claimant, within thirty (30) days after the notice of the final action of such board, may, by filing his appeal in the common pleas court of the county wherein the injury was inflicted, be entitled to a trial in the ordinary way, and be entitled to a jury if he demands it. In such a proceeding, the prosecuting attorney of the countv, without additional compensation, snail represent the State liability board of awards, and he shall be notified by the clerk forthwith of the filing of such appeal.
Within thirty days after riling his appeal, the appellant shall file a petition in the ordinary form against such board as defendant, and further pleadings shall be had in said cause, according to the rules of civil procedure, and the court, or the jury, under the instructions of the court, if a jury is demanded, shall determine the right of the claimant; and if they determine the right in his favor, shall fix his compeusation within the limits under the rules prescribed iu this act; and any final judgment Bo obtained shall be paid by the State liability board of awards out of the State insurance fund in the same manner as such awards are paid by such board.
The cost of such proceeding, including a reasonable attorney's fee to the claimant's attorney to be fixed by the trial judge, shall be taxed against the unsuccessful party.
Either party shall have the right to prosecute error as in the ordinary civil cases.
Sec. 1465-91. Such board shall not be bound by the usual common Procedure, law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein provided; but may make the investigation in such manner as in its judgment is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of this act.
Sec. 1465-92. No provision of this act relating to the amount of com- Fixing damages, pensation shall be considered by, or called to the attention of the jury on the trial of any action to recover damages as herein provided.
Sec. 1465-93. A minor working at an age legally permitted under the Minors, laws of this State, shall be deemed sui juris for the purposes of this act, and no other person shall have any cause of action or right to compensation for an injury to Buch minor workman, but in the event of the award of a lump sum of compensation to such minor employee, such sum shall be paid only to the legally appointed guardian of such minor.
Sec. 1465-94. No agreement by an employee to waive his rights to Waivers, compensation under this act shall be valid. No agreement by an employee to pay any portion of the premium paid by his employer into the State insurance fund shall be valid, and any employer who Employees deducts any portion of such premium from the wages or salary of any mfdm," g P employee entitled to the benefits of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one hundred dollars for each such offense.
Sec. 1465-95. Any employee claiming the right to receive compen- Medical examisation under this act may be required by the board or its chief medical nationsexaminer, to submit himself for medical examination at any time and from time to time at a place reasonably convenient for such employee, and as may be provided by the rules of the board. If such employee refuses to submit to any such examination or obstructs the same, his right to have his claim for compensation considered, if his claim be pending before the board, or to receive any payments tor compensation theretofore granted shall be suspended during the period of such refusal or obstruction.
Sec 1465-96. All books, records, and pay rolls of the employers of Employers' the State, showing or reflecting in any way upon the amount of wage ex- pay * penditure of such employers, shall always be open for inspection by the board or any of its traveling auditors, inspectors or assistants, for the
gurpose of ascertaining the correctness of the wage expenditure, the numer of men employed, and such other information as may be necessary for the uses and purposes of the board in its administration of the law. Refusal on the part of any employer tosubmit his books, recordsand pay rolls for the inspection of any member of the board or traveling auditor, inspector or assistant presenting written authority from the board, shall subject such employer to a penalty of one hundred dollars ($100) for each such offense, to be collected by civil action in the name of the State, and paid into the State insurance fund to become a part thereof.
Sec. 1465-97. Any employer who misrepresents to the board the amount of pay roll upon which the premium under this act is based, Misropresentashall be liable to the State in ten times the amount of the difference in s
firemium paid and the amount the employer should have paid. The iability to the State under this section shall be enforced in a civil action in the name of the State, and all sums collected under this section shall be paid into the State insurance fund.
Sec. 1465-98. The provisions of this act shall apply to employers Railway, etc., and their employees engaged in intrastate and also in interstate and ^P10?683foreign commerce, 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, and then only when such employer
and any of his workmen working only in this State, with the approval of the State liability board of awards, and so far as not forbidden by any act of Congress, voluntarily accept the provisions of this act by filing written acceptances, which, when filed with and approved by the board, shall subject the acceptors irrevocably to the provisions of this act to all intents and purposes as if they had" been originally included in its terms, during the period or periods for which the premiums herein provided have been paid. Payment of premium shall be on the basis of the pay roll of the workmen who accept as aforesaid. Accidents to be Sec. 1465-99. Every employer of the State shall keep a record of all reported. injuries, fatal or otherwise, received by his employees in the course of
their employment. Within a week after the occurrence of an accident resulting in personal injury, a report thereof shall be made in writing t;> the State liability board of awards upon blanks to be procured from the board for that purpose. Such report shall contain 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, and shall state the time, the nature and cause of injury and such other information as may be required by the board. Any employer who refuses or neglects to make any report required by this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall bo punished by a fine of not more than five hundred dollars ($500) for siicn offense.
Enforcement. Sec 1465-100. Upon the request of the board, the attorney general, or under his direction, the prosecuting attorney of any county shall institute and prosecute the necessary actions or proceedings for the enforcement of any of the provisions of this act, or for the recovery of any money due the State insurance fund, or any penalty herein provided for, arising within the county in which he was elected, and shall defend in like manner all suits, actions or proceedings brought against the board or the members thereof in their official capacity. *
Agreements Sec. 1465-101. All contracts or agreements entered into by any voW- employer, the purpose of which is to indemnify him from loss or
damage on account of the injury of such employee by accidental means or on account of the negligence of such employer or such employer's officer, agent or servant, shall be absolutely void, unless such contract or agreement shall specifically provide for the payment to such injured employee of such amounts for medical, nurse and hospital services and medicines, and such compensation as is provided by this act for injured employees; and in the event of death shall pay such amounts as are herein provided for funeral expenses and for compensation to the dependents of those partially dependent upon such employee; and no such contract shall agree, or be construed to agree, to indemnify such employer, other than hereinbefore designated, for any civil liability for which he may be liable on account of the injury to his employee by the willful act of such employer, or any of such employer s officers or agents, or the failure of such employer, his officers or agents, to observe any lawful requirement for the safety of employees.
Expenditures Sec. 1465-102. The board may make necessary expenditures to by board. obtain statistical and other information to establish the classes provided
for in section six hereof. The salaries and compensation of the members of the board, of the secretary and all actuaries, accountants, inspectors, examiners, experts, clerks, physicians, stenographers and other assistants, and all other expenses of the board herein authorized, including the premium to be paid by the State treasurer for the bond to be furnished by him, shall be paid out of the State treasury upon vouchers signed by two of the members of such board and presented to the auditor of State, who shall issue his warrant therefor as in other cases.
Annual reports. Sec. 1465-103. Annually on or before the 15th day of December, such board, under the oath of at least two of its members, shall make a report to the governor for the preceding fiscal Year, which shall include a statement of the number of awards madj by it, and a general statement of the causes of accidents leading to the injuries for which tha awards were made, a detailed statement of the disbursements from the expense fund, and the condition of its respective funds, together with any other matters which the board deems proper to call to the attention of the governor, including any recommendations it may have to make, and and it shall be the duty of the board from time to time to publish and distribute among employers and employees, such general information as to the business transacted by the department as in its judgment may be useful.
Sec. 1465-104. The board shall cause to be printed in proper form for Rules, rates, distribution to the public its classifications, rates, rules, regulations and e'c-.tooeprinted. rules of procedure, and shall furnish the same to any person upon application therefor, and the fact that such classifications, rates, rules, regulations and rules of procedure are printed ready for distribution to all who apply for the same, shall be a sufficient publication of the same as required by this act.
Sec. 1465-105. No_injunction shall issue suspending or restraining injunctions, any order, classification or rate adopted by the board, or any action of the auditor of State, treasurer of State, attorney general, or the auditor or treasurer of any county, required to be taken by them or any of them by any of the provisions of this act; but notning herein snail effect any right or defense in any action brought by the board or the State in pursuance of authority contained in this act.
Sec. 1465-106. Should any section or provision of this act be decided Questions of by the courts to be unconstitutional or invalid, the same shall not affect constitutionality, the validity of the act as a whole or any part thereof other than the part so decided to be unconstitutional.
Sec. 1465-107. It shall be unlawful for the State liability board of Nonresident awards, or any other body constituted by the statutes of the State of Ohio, "lari^. fl" or any court of said State, in awarding compensation to thedependents of employees, or others killed in Ohio, to make any discrimination against the widows, children, or other dependents, who shall reside in a foreign country; and it shall be the duty of the State liability board of awards, or any other board or court, in determining the amount of compensation to be paid to the dependents of killed employees, to pay to the alien dependents residing in foreign countries the same benefits as to those dependents residing in the State of Ohio.
Sec. 1465-108. When the dependents of killed employees reside in a Consular- ofttforeign country, the consul general, consul, vice-consul, or consular cer3t08Ctagent, duly accredited to the consular district within which such killed employee lived at the time of his decease by the country wherein such dependents of the killed employee reside, shall furnish the necessary information regarding such dependents of killed employees so that the State liability board of awards may transmit to such dependents the funds provided for in the compensation act of the State of Ohio, or any amendments thereto.
Approved June 15,1911; amendments approved March 14, 1913, and May 3, 1913.
ACTS OF 1913.
Chapter 112.—Compensation of workmen for injuria—Stale insurance
Section 1. The State of Oregon recognizes that the prosecution of Grounds ofiaw. the various industrial enterprises which must be relied upon to create and preserve the wealth and prosperity of the State involves the injury of large numbers of workmen, resulting in their partial or total incapacity or death, and that under the rules of the common law and the provisions of the statutes now in force an unequal burden is cast upon its citizens, and that in determining the responsibility of the employer on account of injuries sustained by his workmen, a great and unnecessary cost is now incurred in litigation, which cost is divided between the workmen, the employers and the taxpayers, who provide the public funds, without any corresponding benefit, to maintain courts and juries to determine the question of responsibility under the law as it now exists, and that the State and its taxpayers are subjected to a heavy burden in providing care and support for such injured workmen and their dependents, and that this burden should, in so far as may be consistent with the rights and obligations of the people of the State, be more fairly distributed as in this act provided.
Sec. 2. A commission is hereby created which shall be known as the Commission "State Industrial Accident Commission," to be composed of three ore" commissioners. Immediately upon the taking effect of this act, the
governor shall appoint such commissioners, not more than two of whom shall belong to one political party. Such commissioners shall be appointed for respective terms expiring on the first Monday in January in the years 1915, 1916 and 1917; that thereafter the commissioners shall be appointed for terms of four years by the same authority on the first Monday in December in each year next preceding the expiration of the term of a commissioner. Each commissioner appointed hereunder shall hold office until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the governor. Inasmuch as the duties to be performed by such commissioners vitally concern the employers, the employees, as well as the whole people, of the State, it is hereby declared to be the purpose of this act that persons be appointed as commissioners who shall fairly represent the interests of all concerned in its administration, o' Sec. 3. The governor may at any time remove any commissioner ap
gtinted by him for inefficiency, neglect of duty or malfeasance in office, efore such removal he shall give such commissioner a copy of the charges against him and shall fix the time when he can be heard in his own defense, which shall not be less than ten days thereafter, and such hearing shall be open to the public. If such commissioner shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner and his findings thereon, with a record of the proceedings. Such power of removal shall be absolute and there shall De no right of review in any court whatsoever.
pnty of com- No commissioner shall hold any other office or position of profit or pursue any other business or vocation or serve on or under any committee of any political party, but shall devote his entire time to the duties of his office.
Before entering on the duties of his office, each commissioner shall take and subscribe to an oath or affirmation that he will support the constitution of the United States and of this State and faithfully and honestly discharge the duties of such office of commissioner; that he holds no other office or position of profit, and that he pursues and will
Sursue while such commissioner no other calling or vocation, and that e holds, and while such commissioner will hold, no position under any political party, which oath or affirmation shall be filed in the office of the secretary of state.
Each of the commissioners shall also, before entering upon the duties of hisoffice, execute a bond payable to the State of Oregon, in the penal sum of $10,000, with sureties to be approved by the governor, conditioned for the faithful discharge of the duties of his office, which bond when so executed and approved shall be filed in the office of the secretary of state.
Each of the commissioners shall receive an annual salary of thirty-six hundred dollars ($3,600), payable from the fund hereinafter provided.
Sec. 4. The commissioners so appointed under this act shall, within twenty days after their appointment, meet at the State capitol and organize by electing one of their number chairman, who shall serve until the commissioner to be appointed for the term commencing in January, 1915t shall have qualified and taken office. Immediately after the qualification of the commissioner for the term commencing in January, 1915, and biennially thereafter, the commissioners shall meet at the office of the commission, which shall be maintained at the State capitol, and shall elect a chairman, who shall serve for two years and until his successor is chosen.
Sec. 5. A majority of the commissioners shall constitute a quorum to transact business, and the act or decision of any two of the commissioners shall be deemed the act or decision of the commission. No vacancy shall impair the right of the remaining commissioners to exercise all the powers of the commission.
Sec. 6. The commission may employ and terminate the employment of such assistants, experts and clerks as may be required in the administration of this act at a total expense not exceeding twenty-five thousand dollars ($25,000) per annum.
Sec. 7. The commission, in its name, may sue and be sued, and the commission shall have a seal which shall bear the name of the commission. The commission is hereby charged with the administration of the provisions of this act, and to that end may hold sessions at any