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Interstate com- Sec. 18. The provisions of this act shall apply to employers and
workmen engaged in intrastate and also in interstate or foreign 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, except that any such employer and any of his workmen working only in this State may, with the approval of the department, and so far as not forbidden by any act of Congress, voluntarily accept the provisions of this act by filing written acceptances with the department. Such acceptances, when filed with and approved by the department, 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. Payment of premium shall be on the basis of the pay roll
of the workmen who accept as aforesaid. Works not SEC. 19. Any employer and his employees engaged in works not extrahazardous.
extra hazardous may, by their joint election, filed with the department, accept the provisions of this act, and such acceptances, when approved by the department, shall subject them irrevocably to the provisions of this act to all intents and purposes as if they had been originally included in its terms. Ninety per cent of the minimum rate specified in section 4 shall be applicable to such case until otherwise provided
by law. Appeals.
Sec. 20. Any employer, workman, beneficiary, or person feeling aggrieved at any decision of the department affecting his interests under this act may have the same reviewed by a proceeding for that purpose, in the nature of an appeal, initiated in the superior court of the county of his residence (except as otherwise provided in subdivision (1) of section numbered (5) in so far as such decision rests upon questions of fact, or of the proper application of the provisions of this act, it being the intent that matters resting in the discretion of the department shall not be subject to review. The proceedings in every such appeal shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. No such appeal shall be entertained unless notice of appeal shall have been served by mail or personally upon some member of the commission within twenty days following the rendition of the decision appealed from and communication thereof to the person affected thereby. No bond shall be required, except that an appeal by the employer from a decision of the department under section 9 shall be ineffectual unless, within five days following the service of notice thereof, a bond, with surety satisfactory to the court, shall be filed, conditioned to perform the judgment of the court. Except in the case last named an appeal shall not be a stay. The calling of a jury shall rest in the discretion of the court except that in cases arising under sections 9, 15 and 16 either party shall be entitled to a jury trial upon demand. It shall be unlawful for any attorney engaged in any such appeal to charge or receive any fee therein in excess of a reasonable fee, to be fixed by the court in the case, and, if the decision of the department shall be reversed or modified, such fee and the fees of medical and other witnesses and the costs shall be payable out of the administration fund, if the accident fund is affected by the litigation. In other respects the practice in civil cases shall apply. Appeal shall lie from the judgment of the superior court as in other civil cases. The attorney general shall be the legal adviser of the department and shall represent it in all proceedings, whenever so requested by any of the commissioners. In all court proceedings under or pursuant to this act the decision of the department shall be prima facie correct, and the
burden of proof shall be upon the party attacking the same. Industrial in- Sec. 21. The administration of this act is imposed upon a departsurance departo ment, to be known as the industrial insurance department, to consist ment.
of three commissioners to be appointed by the governor. One of them shall hold office for the first two years, another for the first four years, and another for the first six years following the passage and approval of this act. Thereafter the term shall be six years. Each commissioner shall hold until his successor shall be appointed and shall have qualified. A decision of any question arising under this act concurred in by two of the commissioners shall be the decision of the department. The governor may at any time remove any commissioner from office in his discretion, but within ten days following any such removal the governor shall file in the office of the secretary of state a statement of his reasons therefor. The commission shall select one of their members as chairman. The main office of the commission shall be at the State capitol, but branch offices may be established at other places in the State. Each member of the commission shall have power to issue subpænas requiring the attendance of witnesses and the production of books and documents.
Sec. 22. The salary of each of the commissioners shall be thirty-six Salaries. hundred dollars per annum, and he shall be allowed his actual and necessary traveling and incidental expenses; and any assistant to tho commissioners shall be paid for each full day's service rendered by him, his actual and necessary traveling expenses and such compensation as the commission may deem proper, not to exceed six dollars per day to an auditor, or five dollars per day to any other assistant.
SEC, 23. The commissioners may appoint a sufficient number of Assistants. auditors and assistants to aid them in the administration of this act, at an expense not to exceed $5,000 per month. They may employ one or more physicians in each county for the purpose of official medical examinations, whose compensation shall be limited to five dollars for each examination and report therein. They may procure such record books as they may deem necessary for the record of the financial transactions and statistical data of the department, and the necessary documents, forms and blanks. They may establish and require all employers to install and maintain an uniform form of
. Sec. 24. The commission shall, in accordance with the provisions of Rogulations, this act:
1. Establish and promulgate rules governing the administration of this act.
2. Ascertain and establish the amounts to be paid into and out of the accident fund.
3. Regulate the proof of accident and extent thereof, the proof of death and the proof of relationship and the extent of dependency.
4. Supervise the medical, surgical and hospital treatment to the intent that same may be in all cases suitable and wholesome.
5. Issue proper receipts for moneys received, and certificates for benefits accrued and accruing.
6. Investigate the cause of all serious injuries and report to the governor from time to time any violations or laxity in performance of protective statutes or regulations coming under the observation of the department.
7. Compile and preserve statistics showing the number of accidents occurring in the establishment or works of each employer, the liabilities and expenditures of the accident fund on account of, and the premium collected from the same, and hospital charges and expenses.
8. Make annual reports to the governor (one of them not more than sixty nor less than thirty days prior to each regular session of the legislature) of the workings of the department, and showing the financial status and the outstanding obligations of the accident fund, and the statistics aforesaid.
Sec. 25. Upon the appeal of any workman from any decision of the Medical board. department affecting the extent of his injuries or the progress of the same, the court may appoint not to exceed three physicians to examine the physical condition of the appellant, who shall make to the court their report thereon, and they may be interrogated before the court by or on behalf of the appellant in relation to the same. The fee of each shall be fixed by the court, but shall not exceed ten dollars per day each.
Sec. 26. Disbursements out of the funds shall be made only upon Disbursements. warrants drawn by the State auditor upon vouchers therefor transmitted to him by the department and audited by him. The State treasurer shall pay every warrant out of the fund upon which it is drawn. If, at any time, there shall not be sufficient money in the fund on which any such warrant shall have been drawn wherewith to pay the same, the employer on account of whose workman it was that the warrant was drawn shall pay the same, and he shall be credited
upon his next following contribution to such fund the amount so paid with interest thereon at the legal rate from the date of such payment to the date such next following contribution became payable, and if the amount of the credit shall exceed the amount of the contribution, he shall have a warrant upon the same fund for the excess, and if any such warrant shall not be so paid, it shall remain, nevertheless, payable out of the fund. The State treasurer shall to such extent as shall appear to him to be advisable keep the moneys of the unsegregated portion of the accident fund invested at interest in the class of securities provided by law for the investment of the permanent school fund. The State treasurer shall be liable on his official bond for the safe custody of the moneys and securities of the accident fund, but all the provisions of an act approved February 21, 1907, entitled "An act to provide for State depositories and to regulate the deposits of State moneys therein,” shall be applied to said moneys and the handling
thereof by the State treasurer. Employers Sec. 27. If any employer shall be adjudicated to be outside the outside of act.
lawful scope of this act, the act shall not apply to him or his workman, or if any workman shall be adjudicated to be outside the lawful scope of this act because of remoteness of his work from the hazard of his employer's work, any such adjudication shall not impair the validity of this act in other respects, and in every such case an accounting in accordance with the justice of the case shall be had of moneys received. If the provisions of section 4 of this act for the creation of the accident fund, or the provisions of this act making the compensation to the workman provided in it exclusive of any other remedy on the part of the workman shall be held invalid the entire act shall be thereby invalidated except the provisions of section 31, and an accounting according to the justice of the case shall be had of moneys received. In other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole
or any other part thereof. Il law is de- SEC. 28. If the provisions of this act relative to compensation for clared unconsti
$11, injuries to or death of workmen become invalid because of any adjuditutional, what.
cation, or be repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this act by lump payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the invalidity shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death: Provided, That such
tion; but in any such action any sum paid out of the accident fund to the workman on account of injury, to whom the action is prosecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have paid without delinquency into the accident fund the payment provided by section 4, such sum shall be credited upon the recovery as payment thereon, otherwise the sums shall not be so credited but shall be deducted from the sum collected and be paid
into the said fund from which they had been previously disbursed. Administration Sec. 29. There is hereby appropriated out of the State treasury the
sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, to be known as the administration fund, out of which the salaries, traveling and office expenses of the department shall be paid, and also all other expenses of the administration of the accident fund; and there is hereby appropriated out of the accident fund for the purpose to which said fund is applicable the sum of $1,500,000, or so much thereof as shall be necessary for the purposes of
this act. Existing laws. Sec. 30. Nothing in this act contained shall repeal any existing law
providing for the installation or maintenance of any device, means or method for the prevention of accidents in extrahazardous work or for a penalty or punishment for failure to install or maintain any such protective device, means or method, but sections 8, 9, and 10 of the act approved March 6, 1905, entitled: “An act providing for the protection and health of employees in factories, mills or workshops, where machinery is used, and providing for suits to recover damages sustained by the violation thereof, and prescribing a punishment for the violation thereof and repealing an act entitled, “An act providing for the protection of employees in factories, mills, or workshops where machinery is used, and providing for the punishment of the violation thereof, approved March 6, 1903,' and repealing all other acts or parts of acts in conflict herewith," are hereby repealed, except as to any cause of action which shall have accrued thereunder prior to October 1, 1911.
SEC. 31. If this act shall be hereafter repealed, all moneys which I act repealed, are in the accident fund at the time of the repeal shall be subject to what. such disposition as may be provided by the legislature, and in default of such legislative provision distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing. Sec. 32. This act shall not affect any action pending or cause of Act in effect,
when. action existing on the 30th day of September, 1911.
Approved by the governor March 14, 1911.
ACTS OF 1913.
SECTION 1. The commission created by the act entitled, “An act to , Who to admincreate a public service commission and to prescribe its power and duties, ster lund etc.," passed on the twenty-first day of February, one thousand nine hundred and thirteen, which commission, for the purpose of this act, shall be a body politic and corporate under the name prescribed by said act, shall administer the workmen's compensation fund provided for in this act. The said commission, in the administration of said fund, shall be governed by the provisions of this act if there be conflict between the same and the provisions of said act creating said commission.
SEC. 2. It is the intent of this act that the expenses of the administra- State to bear tion of said fund, including a proportionate share of the salaries or other expenses. compensation of the members of said commission, and employees thereof, whose services are connected both with the regulation of public utilities and the administration of said fund, and all other joint expenses, be paid by the State, so that the fund created as hereinafter provided shall be applied solely to the payment of the benefits provided for in this act; and all expenses peculiar to the administration of this act, including the premium to be paid for the bond of the State treasurer required under this act, and salaries or other compensation, traveling and other expenses, of all officers or employees of the commission, whose services are devoted solely to the administration of this act, and all expenses for furniture, books, maps, stationery, appliances and property of all kinds acquired or used solely in connection with the administration of this act, shall be paid by the State; and a justly proportional part of the salaries or other compensation of the members of the commission and other officers and employees thereof who are jointly emploved or used, and all expenses of such officers or employees, and all of the expenses for furniture, books, maps, stationery and appliances which are jointly employed or used, shall be paid by the State; and no expenses herein provided to be paid by the State shall be paid out of or charged to the fund to be raised for the expenses of the commission as provided in said act of February twenty-one, one thousand nine hundred and thirteen, creating said public service commission.
Sec. 3. The apportionment of salaries or other expenses of members Apportionment. and other officers of the commission, employees thereof, and other expenses hereinbefore mentioned, shall be made by the commission at the time of payment, and such apportionment shall be based upon the relative time spentin the service of, or in the relative use of the property or facilities devoted to, the two branches of the work of the commission, respectively. All payments shall be made by the State treasurer upon Payments. order or voucher approved and signed by the chairman or acting
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chairman and secretary of the commission, directed to the auditor of the State, who shall draw his warrant therefor, and any such payment shall be charged to the fund provided by the said act of February twenty-one, one thousand nine hundred and thirteen, for the administration thereof, or to the appropriations which shall be made from time to time hereafter by the State for the administration of this act, or part to such fund and part to such appropriations as may be
directed by the commission in each case. Sessions.
SEC. 4. The commission shall be in continuous session and open for the transaction of business during all the business hours of each and every day, excepting Sundays and legal holidays. All sessions shall be open to the public, and shall stand and be adjourned without further notice thereof on its record. All proceedings of the commission shall be shown on its record of proceedings, which shall be a public record, and shall contain a record of each case considered, and the award with respect thereto and of all salaries or other compensation paid or allowed to any employee of the commission or to any other person for services, and all voting shall be had by the calling of each member's name by the secretary, and each vote shall be recorded as
SEC. 5. A majority of the commission shall constitute a quorum for the transaction of business, and a vacancy shall not impair the right of the remaining members to exercise all the powers of the full commission, so long as a majority remain. Any investigation, inquiries or hearings which the commission is authorized to hold, or undertake, may be held or undertaken by or before any one member of the commission, 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 commission, Office.
Sec. 6. The commission shall keep and maintain its office at the seat of government, and shall provide a suitable room or rooms, necessary oflice furniture, supplies, books, periodicals, maps and other equipment. After due notice showing the time and place, the commission
may hold hearings anywhere within the State. Employees. SEC. 7. The commission may employ a secretary, actuary, account
ants, inspectors, examiners, experts, clerks, stenographers and other assistants, and fix their compensation, which shall be paid out of the State treasury. The members of the commission, actuaries, account. ants, inspectors, examiners, experts, clerks, 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 commission. Such expenses shall be itemized and sworn to by the person who incurred the expense, and allowed by the
SEC. 8. The commission shall adopt reasonable and proper rules to govern its procedure, regulate and provide for the kind and character of notices, and the service 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 rights to benefits or compensation from the 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. To whom ar
art Sec. 9. All persons, firms and corporations regularly employing other applies.
persons for profit, or for the purpose of carrying on any form of industry in the State of West Virginia, are employers within the meaning of this act, and are subject to its provisions. All persons in the service of employers, as herein defined, and employed by them for the purpose of carrying on the industries in which they are engaged (persons casually employed excepted) are employees within the meaning of this act, and subject to the provisions thereof: Provided, That this act shall not apply to employers of employees in domestic or agricultural service, to employees of any employer who are employed wholly without the State, nor shall a member of a firm of employers, or any officer of a corporation employer, including managers, superintendents and assistant managers and assistant superintendents be deemed an employee within the meaning of this act.