Sidebilder
PDF
ePub

4. The provisions of paragraphs one, two and three shall apply to any Injuries causing claim for the death of an employee arising under an act entitled "An act death. to provide for the recovery of damages in cases where the death of a person is caused by wrongful act, neglect or default," approved March third, eighteen hundred and forty-eight, and the amendments thereof and supplements thereto.

5. In all actions at law brought pursuant to Section I of this act, the Burden of proof. burden of proof to establish williul negligence in the injured employee shall be upon the defendant.

6. No claim for legal services or disbursements pertaining to any Attorneys' fees. demand made or suit brought under the provisions of this act shall be an enforceable lien against the amount paid as compensation, unless the same be approved in writing by the judge or justice presiding at the trial, or in case of settlement without trial, by the judge of the circuit court of the district in which such issue arose: Provided, That if notice in writing be given the defendant of such claim for legal services or disbursements, the same shall be a lien against the amount paid as compensation, subject to determination of the amount and approval hereinbefore provided.

SECTION II.---ELECTIVE COMPENSATION.

7. When employer and employee shall by agreement either expressed Compensation or implied, as hereinafter provided, accept the provisions of Section II Payable, when. of this act, compensation for personal injuries to or for the death of such employee by accident arising out of and in the course of his employment shall be made by the employer without regard to the negligence of the employer, according to the schedule contained in paragraph eleven, in all cases except when the injury or death is intentionally selfinflicted, or when intoxication is the natural and proximate cause of injury, and the burden of proof of such fact shall be upon the employer.

8. Such agreement shall be a surrender by the parties thereto of Mothod to be their rights to any other method, form or amount of compensation or ex

non exclusive. determination thereof than as provided in Section II of this act, and an acceptance of all the provisions of Section II of this act, and shall bind the employee himself and for compensation for his death shall bind his personal representatives, his widow and next of kin, as well as the employer, and those conducting his business during bankruptcy or insolvency.

9. Every contract of hiring made subsequent to the time provided Presumptions for this act to take effect shall be presumed to have been made with as to contracts. reference to the provisions of Section II of this act, and unless there be as a part of such contract an express statement in writing, prior to any accident, either in the contract itself or by written notice from either party to the other, that the provisions of Section II of this act are not intended to apply, then it shall be presumed that the parties have accepted the provisions of Section II of this act and have agreed to be bound thereby. In the employment of minors, Section II shall be presumed to apply unless the notice be given by or to the parent or guardian of the minor. 10. The contract for the operation of the provisions of Section II of Termination of

agreement. this act may be terminated by either party upon sixty days' notice in agr writing prior to any accident. 11. Following is the schedule of compensation:

Compensation (a) For injury producing temporary disability, fifty per centum of for

Temporary disthe wages received at the time of injury, subject to a maximum com- ability; pensation of ten dollars per week and a minimum of five dollars per week: Provided, That if at the time of injury the employee receives wages of less than five dollars per week, then he shall receive the full amount of such wages per week. This compensation shall be paid during the period of such disability, not, however, beyond three hundred weeks.

(b) For disability total in character and permanent in quality, fifty Permanent toper centum of the wages received at the time of injury, subject to a ta

tal disability; maximum compensation of ten dollars per week and a minimum of five dollars per week: Provided, That if at the time of injury the employee

for

receives wages of less than five dollars per week, then he shall receive the full amount of wages per week. This compensation shall be paid during the period of such disability, not, however, beyond four hundred

weeks. Partial disa. (c) For disability partial in character but permanent in quality, the bility:

compensation shall be based upon the extent of such disability. In

cases included by the following schedule the compensation shall be Schedule. that named in the schedule, to wit:

For the loss of a thumb, fifty per centum of daily wages during sixty weeks.

For the loss of a first finger, commonly called index finger, fifty per centum of daily wages during thirty-five weeks.

For the loss of a second finger, fifty per centum of daily wages during thirty weeks.

For the loss of a third finger, fifty per centum of daily wages during twenty weeks.

For the loss of a fourth finger, commonly called little finger, fifty per centum of daily wages during fifteen weeks.

The loss of the first phalange of the thumb, or of any finger, shall be considered to be equal to the loss of one-half of such thumb, or finger, and compensation shall be for one-half of the periods of time above specified, and compensation for the loss of one-half of the first phalange shall be for one-fourth of the periods of time above specified.

The loss of more than one phalange shall be considered as the loss of the entire finger or thumb: Providing, however, That in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

For the loss of a great toe, fifty per centum of daily wages during thirty weeks.

For the loss of one of the toes other than a great toe, fifty per centum of daily wages during ten weeks.

For the loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be onehalf of the amount above specified.

The loss of more than one phalange shall be considered as the loss of the entire toe.

For the loss of a hand, fifty per centum of daily wages during one hundred and fifty weeks.

For the loss of an arm, fifty per centum of daily wages during two hundred weeks.

For the loss of a foot, fifty per centum of daily wages during one hundred and twenty-five weeks.

For the loss of a leg, fifty per centum of daily wages during one hundred and seventy-five weeks.

For the loss of an eye, fifty per centum of daily wages during one hundred weeks.

The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof, shall constitute total and permanent disability, to be compensated according to the provisions of clause (b).

In all other cases in this class, or where the usefulness of a member or any physical function, is permanently impaired, the compensation shall bear such relation to the amounts stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule. Should the employer and the employee be unable to agree upon the amount of compensation to be paid in cases not covered by the schedule, the amount of compensation shall be settled according to the provisions of paragraph twenty hereof.

The amounts specified in this clause are all subject to the same limi

tations as to maximum and minimum as are stated in clause (a). Donth from In case of the death of a person from any cause other than the acciother cause.

dent, during the period of payments for permanent injury, the remaining payments shall be paid to his or her dependents, according to the provisions of paragraph twelve of this act, or, if no dependents, the remaining amount due, but not exceeding one hundred dollars, shall be paid in a lump sum to the proper person for funeral expenses.

12. In case of death compensation shall be computed, but not dis- Compensation tributed, on the following basis:

for death.
(1) Actual dependents.
For one dependent, thirty-five per centum of wages.
For two dependents, forty per centum of wages.
For three dependents, forty-five per centum of wages.
For four dependents, fifty per centum of wages.
For five dependents, fifty-five per centum of wages.
For six or more dependents, sixty per centum of wages.

The term “dependents” shall apply to and include any or all of the following who are dependent upon the deceased at the time of accident or death, namely: husband, wife, parents, stepparents, grandparents, children, stepchildren, grandchildren, posthumous child, illegitimate children, brothers, sisters, half brothers, half sisters. Legally adopted children shall, in every particular, be considered as natural children: Provided, however, That dependency shall be presumed as to a widow who was living with her husband at the time of his decease, and children under the age of eighteen years; stepchildren and illegitimate children shall be presumed to be dependent when they were part of the decedent's household at the time of his death. Every provision of this act applying to one class shall be equally applicable to the other. Should any dependent of a deceased employee die during the period covered by such weekly payments, or should the widow of a deceased employee remarry during such period, the right of such dependent or of such widow to compensation under this section shall cease.

Compensation shall be computed upon the foregoing basis. Distribution shall be made among dependents, if more than one, according to the order of the judge of the court of common pleas, who shall, when applied to for that purpose, determine, upon the facts being presented to him, the proportion to be paid to or on behalf of each dependent according to the relative dependency. Payment on behalf of infants shall be made to the surviving parent, if any.

(2) No dependents.

Expenses of last sickness and burial, the cost of burial, however, not to exceed one hundred dollars.

In computing compensation to orphans or other children, only those Orphans. under eighteen years of age shall be included, and only during the period in which they are under that age, at which time payment on account of such child shall cease: Provided, however, That payments to such physically or mentally deficient children as are for such reason dependent shall continue during the full term of compensation payment.

The compensation in case of death shall be subject to a maximum Weekly scale. compensation of ten dollars per week and a minimum of five dollars per week: Provided, That if at the time of the injury the employee receives wages of less than five dollars per week, then the compensation shall be the full amount of such wagen per week. This compensation shall be paid during three hundred weeks.

Compensation under this schedule shall not apply to alien depen). Aliens. ents not residents of the United States.

13. No compensation shall be allowed for the first two weeks afts Waiting timo. the injury received, except as provided by paragraph fourteen, nor i'! any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in paragraph fifteen.

14. During the first two weeks aiter the injury the employer shall Modical, etc., furnish reasonable medical and hospital services and medicines, as s

services. and when needed, not to exceed fifty dollars in value, unless the employee refuses to allow them to be furnished by the employer.

14. (a) Compensation for all classes of injuries shall run conseci'. , Sequence of tively and not concurrently, as follows: First two weeks, medical and

" pensation pay. hospital services and medicines, as provided in paragraph fourteen. ments. After the first two weeks, compensation during temporary disability. Following both, either or none of the above, compensation consecutively for each permanent injury. Following any or all or none of the above, if death results from the accident, expenses of last sickness and

burial. Following which compensation to dependents, if any. In no case shall the total number of weekly payments be more than four

hundred. Notice.

15. Unless the employer shall have actual knowledge of the occur. rence of the injury, or unless the employee, or some one on his behalf, or some of the dependents, or some one on their behalf, shall give notice thereof to the employer within fourteen days of the occurrence of the injury, then no compensation shall be due until such notice is given or knowledge obtained. If the notice is given, or the knowledge obtained within thirty days from the occurrence of the injury, no want, failure or inaccuracy of a notice shall be a bar to obtaining compensa tion, unless the employer shall show that he was prejudiced by such want, defect or inaccuracy, and then only to the extent of such prejudice. If the notice is given, or the knowledge obtained within ninety days, and if the employee, or other beneficiary, shall show that his failure to give prior notice was due to his mistake, inadver[t]ence, ignorance of fact or law, or inability, or to the fraud, misrepresentation or deceit of another person, or to any other reasonable cause or excuse, then compensation may be allowed, unless, and then to the extent only that the employer shall show that he was prejudiced by failure to receive such notice. Unless knowledge be obtained, or notice given, within ninety days after the occurrence of the injury, no

compensation shall be allowed. Service of no

no 16. The notice referred to may be served personally upon the emtice.

ployer, or upon any agent of the employer upon whom a summons
may be served in a civil action, or by sending it through the mail to
the employer at the last known residence or business place thereof
within the State, and shall be substantially in the following form:
To (name of employer):

You are hereby notified that a personal injury was received by (name of employe injured), who was in your employ at (place) while engaged as (nature of employment), on or about the (- ) day of

-), nineteen hundred and (- ) and that compensation will be claimed therefor.

Signed, but no variation from this form shall be material if the notice is sufficient to advise the employer that a certain employee, by name, received an injury in the course of his employment on or about a specified time, at or near a certain place. Notice served at the office of, or on the person who was the employee's immediate superior, shall be a com

pliance with this act. Medical exar

17. After an injury, the employee, if so requested by his employer, nations.

must submit himself for examination at some reasonable time and place within the State, and as often as may be reasonably requested, to a physician or physicians authorized to practice under the laws of this State. If the employee requests, he shall be entitled to have a physician or physicians of his own selection present to participate in such examination. The refusal of the employee to submit to such examination shall deprive him of the right to compensation during the continuance of such refusal. When a right to compensation is thus suspended no compensation shall be payable in respect of the period of

suspension. Disputes. 18. In case of a dispute over, or failure to agree upon a claim for

compensation between employez and employee, or the dependents of the employee, either party may submit the claim, both as to questions of fact, the nature and effect of the injuries, and the amount of compensation therefor according to the schedule herein provided, to the judge of the court of common pleas of such county as would have jurisdiction in a civil case, or where there is more than one judge of said court, then to either or any of said judges of such court, which judge is hereby authorized to hear and determine such disputes in a summary manner, and his decision as to all questions of fact shall be con

clusive and binding. Payment in 19. In case of death, where no executor or administrator is qualified, case of death.

the said judge shall, by order, direct payment to be made to such person as would be appointed administrator of the estate of such decedent

upon like terms as to bond for the proper application of compensation
payments as are required of administrators.
20. Procedure in case of dispute shall be as follows:

Procedure. Either party may present a petition to said judge setting forth the names and residences of the parties and the facts relating to employment at the time of injury, the injury in its extent and character, the amount of wages received at the time of injury, the knowledge of the employer or notice of the occurrence of said injury, and such other facts as may be necessary and proper for the information of the said judge, and shall state the matter or matters in dispute and the contention of the petitioner with reference thereto. This petition shall be verified by the oath or affirmation of the petitioner. Proceedings on behalf of an infant shall be instituted and executed by a guardian, and payment, if any, shall be made to such guardian.

Upon the presentation of such petition the same shall be filed with the clerk of the court of common pleas, and the judge shall by order fix a time and place for the hearing thereof, not less than three weeks after the date of the filing of said petition. A copy of said petition and order shall be served as summons in a civil action and may be served within six days thereafter upon the adverse party. Within seven days after the service of such notice the adverse party shall file an answer to said petition, unless the court for good cause shall grant further time, which shall admit or deny the substantial averments of the petition, and shall state the contention of the defendant with reference to the matters in dispute as disclosed by the petition. The answer shall be verified in like manner as required for a petition. Within thirty days after the final hearing the judge of the court of common pleas shall file his determination.

At the time fixed for hearing or any adjournment thereof the said judge shall hear such witnesses as may be presented by each party, and in a summary manner decide the merits of the controversy. This determination shall be filed in writing with the clerk of the common pleas court, and judgment shall be entered thereon in the same manner as in causes tried in the court of common pleas, and shall contain a statement of facts as determined by said judge. The employer may once every month file receipt of payment verified by affidavit that the receipts are accurate and true, with the clerk of the court, which shall be entered in satisfaction of the judgment to the extent of such payments. Subsequent proceedings thereon shall only be for the recovery of moneys thereby determined to be due: Provided, That nothing herein contained shall be construed as limiting the jurisdiction of the supreme court to review questions of law by certiorari. Costs may be awarded by said judge in his discretion, and when so awarded the same costs shall be allowed, taxed and collected as are allowed, taxed and collected for like services in the common pleas court.

No agreement between the parties for a lesser eum than that which , Agreements not may be determined by the judge of the court of common pleas to be due, shall operate as a bar to the determination of a controversy upon its merits, or to the award of a larger sum, if it shall be determined by the said judge that the amount agreed upon is less than the injured employee or his dependents are properly entitled to receive.

21. The compensation herein provided may be commuted by said Commutation court of common pleas, at its present value when discounted at five per of paym centum simple interest, upon application of either party, with due notice to the other, if it appear that such commutation will be for the best interest of the employee or the dependents of the deceased employee, or that it will avoid undue expense or undue hardship to either party, or that such employee or dependent has removed or is about to remove from the United States, or that the employer has sold or otherwise disposed of the greater part of his business or assets.

In determining whether the commutation asked for will be for the best interest of the employee or the dependents of the deceased employee, or that it will avoid undue expense or undue hardship to either party, the judge of the court of common pleas will constantly bear in mind that it is the intention of this act that the compensation payments are in lieu of wages, and are to be received by the injured employee or bis dependents in the same manner in which wages are ordinarily paid.

[ocr errors]
« ForrigeFortsett »