mattress and bedding factories, upholstering factories, manufacturers of rubber goods, and auxiliary and accessory lines of work and manufacture not otherwise specified. (15) Steam and other railroads and transportation systems not otherwise specified. (16) Street and interurban railways, whether propelled by electricity or other power. (17) Telegraph and telephone plants and systems, electric light and power plants and systems, steam heat and power plants and systems, waterworks systems, gas works and systems, grain elevators, and all lighting, heating or power systems not otherwise specified. (18) Quarries, stone crushers, gravel pits, mines, other than coal mines, and working with asphalt, cement, stone or other building material not otherwise specified, power-propelled ferries, sand diggers and other water craft. (19) Such works, occupations and manufactories specified in the foregoing eighteen classifications as are operated without power-driven machinery. (20) Match factories, powdermills, fireworks factories, and works in which articles of an explosive nature are mixed or manufactured. (21) Construction of tunnels, shafts, bridges, trestles, steeples, towers, grain elevators, tanks, water towers, windmills, subaqueous works, iron or steel frame structures, or parts of structures, blast furnaces, smoke stacks, cupolas or chimneys more than fifty feet high, waterworks and systems, electric lights and power plants and systems, gas works and systems, installation of steam boilers, engines and dynamos, steam railroads, logging railroads, street railways and systems, boat building with scaffolds, floating docks, engineering works, structural work on buildings over three stories in height, not otherwise specified, and drilling of wells. (22) Construction and installation of sewers, fire escapes, freight or passenger elevators, advertising signs, ornamental metal work on or in buildings, metal ceilings, plate or window glass, electrical wiring, stairways, buildings which require galvanized iron or tin work, marble, stone or brick work, roof work, slate work, plumbing work, carpenter work, electric work, installing automatic sprinklers, electric or fire alarm systems, heating or ventilating systems, or machinery not otherwise specified, covering steam pipes and boilers, road and street making, street or other grading, and structural work not otherwise specified. (23) Such works or occupations not specified in the foregoing classifications in connection with which employer and employees shall voluntarily apply to the commission for the benefit and protection of this act. And it shall be the duty of the commission to classify and place in one of the classes aforesaid any industries subject to this act not herein before specifically mentioned. And the commission shall have the power on or before the first day of January of each year to reclassify the industries subject to this act or to create additional classifications with respect to their respective degrees of hazard and determine the risk of the different classes and fix the rates of premium for each class, according to the risks of the same, sufficiently large to provide an adequate fund for the compensation provided for in this act, and to create a surplus sufficiently large to guarantee a workmen's compensation fund from year to year. The classification so determined and the rates of premium established shall be applicable for such year: Provided, That the rate so fixed shall not exceed the maximum of one dollar on each one hundred dollars of the gross annual pay roll of each employer in any class: Provided, also, That for the purpose of this act the pay of any employee employed partly within and partly without this State shall be deemed to be such proportion of the total pay of such employee as his service within this State bears to his service outside the same. A mine worker shall be deemed to be wholly employed in the State in which the tipple or principal mine entrance of the mine in or about which he works is situate. The State shall pay the salaries of the members and employees of the commission, and other expenses of the administration of the workmen's compensation fund upon order or voucher approved and signed to Fund established. Custody. Bond. be Effect of election. Notice posted. Waivers. Act when. Basis. to be in effect, by the chairman and secretary of the commission, directed to the auditor of the State, who shall draw his warrant therefor. SEC. 19. The commission shall establish a workmen's compensation fund from premiums paid thereto by employers and employees as herein provided, for the benefit of employees of employers that have paid the premiums applicable to the classes to which they belong and for the benefit of the dependents of such employees, and shall adopt rules and regulations with respect to the collection, maintenance and disbursement of said fund, not in conflict with the provisions of this act. SEC. 20. The treasurer of the State shall be the custodian of the workmen's compensation fund, and all disbursements therefrom shall be paid by him upon order or voucher, approved and signed by the chairman and secretary of the commission, and directed to the auditor of the State, who shall draw his warrant therefor. SEC. 21. The treasurer of the State shall give a separate and additional bond, in such amount as may be fixed by the governor, and with sureties to be approved by him, conditioned for the faithful performance of his duties as custodian of the workmen's compensation fund herein provided for. SEC. 22. Any employer subject to this act who shall elect to pay into the workmen's compensation fund the premiums provided by this act, shall not be liable to respond in damages at common law or by statute for the injury or death of any employee, however occurring, after such election and during any period in which such employer shall not be in default in the payment of such premiums: Provided, The injured employee has remained in his service with notice that his employer has elected to pay into the workmen's compensation fund the premiums provided by this act. The continuation in the service of such employer with such notice shall be deemed a waiver by the employee of his right of action as aforesaid. SEC. 23. Each employer electing to pay the premiums provided by this act into the workmen's compensation fund shall post in conspicuous places about his place or places of business typewritten or printed notices stating the fact that he has made such election, and the same when so posted shall constitute sufficient notice to all his employees of the fact that he has made such election. No employer or employee shall exempt himself from the burden or waive the benefits of this act by any contract, agreement, rule or regulation, and any such contract, agreement, rule or regulation shall be pro tanto void. SEC. 24. The application of this act as between employers and employees shall date from and include the first day of October, one thousand nine hundred and thirteen; and for the purpose of creating such workmen's compensation fund each employer subject to this act shall pay into the State treasury the premiums of liability based upon and being such a percentage of the pay roll of such employer as may have been determined and published by the commission and be then in Contributions effect. The premiums provided for in this act shall be paid by the by employers and employers to the treasurer of the State, and be contributed in the proemployees. portion of ninety per cent by the employers and ten per cent by the employees. The premiums shall be paid monthly on or before the twenty-fifth day of each month for the preceding month, and shall be the prescribed percentage of the total wages paid to all employees subject to the act for such preceding month. Each employer is authorized to deduct from the pay of his employees (excepting persons causually [casually] employed), for any month, ten per cent of the premium paid or to be paid for such month in proportion to the pay received by them respectively for such month, the proper percentage to be deducted from each installment of pay, whether paid monthly or more frequently, the minimum deduction from the earnings of each employee for any month or part thereof for which settlement is made to be five cents. Each employer shall give a receipt or statement to each employee showing the amount which has been deducted for the workmen's compensation fund, and shall file with the commission, on making his next payment to the fund, a sworn statement showing what per cent of said premium herein provided to be paid by the employees (disregarding fractions of a cent) had been deducted, and that no more than ten per cent (subject to Advance pay the minimum requirement aforesaid) had been so deducted. The SEC. 25. The commission shall disburse the workmen's compensation fund to such employees (within the meaning of this act) of employers as have paid into said fund the premiums for the month in which the injury occurs applicable to the classes to which they belong, as shall have received injuries in this State in the course of and resulting from their employment, or to the dependents, if any, of such employees in case death has ensued according to the provisions hereinafter made. SEC. 26. All employers subject to this act who shall not have elected to pay into the workmen's compensation fund the premiums provided by this act, or having so elected, shall be in default in the payment of same, shall be liable to their employees (within the meaning of this act) for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neglect or default of the employer, or any of the employer's officers, agents or employees, and also to the personal representatives of such employees where death results from such injuries, and in any action by any such employee or personal representative thereof such defendant shall not avail himself of the following common law defenses: Disbursements. Employers liable, when. Defenses The defense of the fellow-servant rule; the defense of the assumption of risk; or the defense of contributory negligence; and further shall abrogated. not avail himself of any defense that the negligence in question was that of some one whose duties are prescribed by statute. Medical, etc., SEC. 27. The commission shall disburse and pay from the fund for such injury to such employees as may be entitled thereto hereunder expenses. such amounts for medical, nurse and hospital services and medicines as it may deem proper, not, however, in any case to exceed the sum of one hundred and fifty dollars in addition to such award to such employees, payment to be made to the employee, or to the persons who may have furnished the service and supplies, or to the persons who may have advanced payment for same, as to the commission shall deem proper: Provided, That in case any injured employee be entitled, under contract connected with his employment or otherwise, to hospital or medical service without further charge to him, no payment shall be made out of the workmen's compensation fund for hospital or medical service. SEC. 28. Notwithstanding anything hereinbefore or hereinafter contained, no employee or dependent of any employee shall be entitled to receive any sum from the workmen's compensation fund on account of any injury to or death of an employee caused by a self-inflicted injury, the willful misconduct or the intoxication of such employee. If injury or death result to an employee from the deliberate intention of his employer to produce such injury or death, the employee, the widow, widower, child or dependent of the employee shall have the privilege to take under this act, and also have cause of action against the employer as if this act had not been enacted, for any excess of damages over the amount received or receivable under this act. Injuries due to willful misconduct, etc. Funeral SEC. 29. In case death ensues from the injury, reasonable funeral expenses, not to exceed seventy-five dollars, shall be paid from the penses. fund to the personal representative of the employee, or to such other person as shall have advanced the same, in addition to such award to the employee's dependents. ex Waiting time. Temporary or SEC. 30. No benefit shall be allowed for one week after the injury is received, except the disbursement provided for in sections twentyseven and twenty-nine. SEC. 31. In case of temporary or partial disability, the employee partial disability. shall receive during the continuance thereof fifty per cent of the impairment of his earning capacity, not to exceed a maximum of eight dollars per week, nor to be less than a minimum of four dollars per week, for not to exceed a period of twenty-six weeks: Provided, That if such partial disability consist of the loss of an arm or leg at or above the wrist in one case or the ankle in the other, or the loss of an eye, the period for which compensation shall be paid may be, but shall not exceed, one hundred and fifty-six weeks. Permanent total disability. Death benefits. Payment of death benefits. Distribution. SEC. 32. In case of permanent total disability the award shall be fifty per cent of the average weekly wage, and shall continue until the death of such person so totally disabled, but not to exceed a maximum of six dollars per week nor to be less than a minimum of three dollars per week. SEC. 33. In case the injury causes death within the period of ninety days, the benefits shall be in the amounts and to the persons following: (1) If there be no parent or dependents, the disbursement from the workmen's compensation fund shall be limited to the expense provided for in sections twenty-seven and twenty-nine. (2) If the deceased employee be under the age of twenty-one and unmarried and leave a dependent father or mother, the father, or if there be no father, the mother shall be entitled to a payment of fifty per cent of the average weekly wage, not exceeding six dollars per week, to continue until the employee would have been twenty-one years of age. (3) Dependent, as used in this act, means a widow, invalid widower, child under the age at which he or she may be lawfully employed in any industry, invalid child over such age, father, mother, grandfather or grandmother, who at the time of the injury causing death is dependent in whole or in part for his or her support upon the earnings of the employee. (4) If the deceased employee leave a widow or invalid widower the payment shall be twenty dollars per month until the death or remarriage of such widow or widower; and in addition five dollars per month for each child under the age at which he or she may be lawfully employed in any industry, to be paid until such child reaches such age: Provided, That the total payment shall not exceed thirty-five dollars per month. (5) If the deceased employee be an adult and there be no widow, widower or child under the age at which he or she may be lawfully employed in any industry, but there are wholly dependent persons at the time of death, the payment shall (except in the case named in clause two of this section) be fifty per cent of the average monthly support actually received from the employee during the preceding twelve months, and to continue for the remainder of the period between the date of death and six years after the date of injury, and not to amount to more than a maximum of twenty dollars per month. (6) If there be no widow, widower, or child under the age at which he or she may be lawfully employed in any industry, or dependent persons, but there are partly dependent persons at the time of death, the payment shall be fifty per cent of the average monthly support actually received from the employee during the preceding twelve months, and to continue for such portion of the period of six years after the date of injury as the commission in case may determine, and not to amount to more than a maximum of twenty dollars per month. SEC. 34. The benefits, in case of death, shall be paid to such one or more dependents of the decedent, or to such other person, for the benefit of all the dependents, as may be determined by the commission which may apportion the benefits 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 commission deem proper, and shall operate to discharge all other claims therefor. SEC. 35. 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 commission. Spouses living SEC. 36. Notwithstanding anything herein contained, no sum shall be paid to a widow or widower who shall have been living separate and apart. apart from, or have been abandoned by the employee for twelve months next preceding the injury, and who shall not have been supported by him or her during such time. But in the event a chancery suit or other action be pending concerning the relations of said widow, or widower to said employee, then payment shall be made subject to the final adjudication of said suit or action. SEC. 37. The average weekly wage or earnings of the injured person at the time of injury shall be taken as the basis upon which to compute the benefits. The time of injury within the meaning of this act shall be such reasonable time prior to the injury as shall enable the commission to make a fair award, taking into consideration both the rate of wage or earning of such person prior to his entering the service in which he was injured. SEC. 38. Payments may be made in such periodical installments as may seem best to the commission in each case. Notwithstanding anything herein contained, the commission may direct the repayment of and pay out of any installment any advances for necessaries that may have been made by any person pending the payment of such installment. SEC. 39. To entitle any employee or dependent of a deceased employee to compensation under this act the application therefor must be made in due form within six months from and after the date of injury or death, as the case may be. No person shall be excluded as a dependent by reason of being a nonresident alien, and nonresident aliens may be officially represented by the consular officers of the country of which such aliens may be citizens or subjects. Earnings as basis. Installments. Claims. Nonres ident aliens. Jurisdiction continuing. SEC. 40. The power and jurisdiction of the commission 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. 41. The commission, under special circumstances, and when Lump sums. the same is deemed advisable, may commute periodical benefits to one or more lump sum payments. Payments ex SEC. 42. Benefits before payment shall be exempt from all claims of creditors and from any attachment or execution and shall be paid empt. only to or for the use of such employees or their dependents as hereinbefore provided. Decisions by SEC. 43. The commission shall have full power and authority to hear and determine all questions within its jurisdiction, and its deci- commission. sion thereon shall be final: Provided, however, In case the final action of said commission 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 may, within sixty days after notice of the final action of such commission, apply for an appeal to the supreme court Appeals. of appeals. The appellant shall file a petition before said supreme court of appeals against such commission as defendant, within said period of sixty days, and the commission shall be notified by the clerk of said court, forthwith, of the filing of such petition for appeal. And the commission shall, within ten days after the receipt of such proceedings before the commission, including the receipt of such notice, file with the clerk of said court the record of such proceedings before the commission, including a transcript of the evidence. The court, or any judge thereof, may thereupon decide whether an appeal shall be granted or not. If granted, the commission and the claimant or the claimant's attorney shall be notified of the fact by mail. If an appeal is granted the case shall be tried by said court in the same manner as other cases before it, save and except that neither the record nor briefs need be printed, and that every such appeal granted prior to thirty days before the beginning of any term shall be on the docket for such term, and such appeals shall have precedence over |
