until such child shall arrive at the age of 16 years, but the total monthly payment shall not exceed fifty dollars ($50). (c) If the injured workman die during such period of total disability, whatever the cause of death, leaving a widow, invalid widower, or child under the age of 16 years, the surviving widow, or invalid widower, shall receive thirty dollars ($30) per month until death or remarriage, to be increased six dollars ($6) per month for each child under the age of 16 years until such child shall arrive at the age of 16 years; but if such child is, or shall be, without father or mother, such child shall receive fifteen dollars ($15) per month until arriving at the age of 16 years: Provided, however, That if any child is under the age of 16 years and over the age of 15 years, he shall be entitled to recover such payment for the period of one year. The total combined monthly payment under this paragraph shall in no case exceed fifty dollars ($50). Upon remarriage, the payments on account of a child or children shall continue as before to the child or children. (d) When the total disability is only temporary the schedule of pay- Temporary disments contained in paragraphs 1, 2 and 3 of the foregoing subdivision ability; (b), shall apply so long as the total disability shall continue, increased 50 per cent for the first six months of such continuance, but in no case shall the increase operate to make the monthly payment exceed 60 per cent of the monthly wage (the daily wage multiplied by 26) the workman was receiving at the time of his injury. (e) When the disability is or becomes partial only and is temporary in character, the workman shall receive for a period not exceeding two years that proportion of the payments provided for total disability which his earning power at any kind of work bears to that existing at the time of the occurrence of the injury. (f) Permanent partial disability means the loss of either one arm, one hand, one leg. one foot, loss of hearing in one or both ears, loss of one eye, one or more fingers, any dislocation where ligaments are severed, or any other injury known in surgery to be permanent partial disability. Where permanent partial disability shall result from any injury, the workman shall receive the sum of twenty-five dollars ($25) a month for the period stated against such injury, respectively as follows: Partial bility. In case of the loss by separation of one arm at or above the elbow Schedule. joint, or the permanent and complete loss of the use of one arm, ninetysix (96) months. The loss by separation of one hand at or above the wrist joint, or the permanent and complete loss of the use of one hand, seventy-six (76) months. The loss by separation of one leg, at or above the knee joint, or the permanent and complete loss of the use of one leg, eighty-eight (88) months. The loss by separation of one foot at or above the ankle joint, or the permanent and complete loss of the use of one foot, sixty-four (64) months. The permanent and complete loss of hearing in both ears, ninety-six (96) months. The permanent and complete loss of hearing in one ear, forty-eight (48) months, or, at the option of the workman, nine hundred dollars ($900) in a lump sum. The permanent and complete loss of the sight of one eye forty (40) months, or, at the option of the workman, eight hundred and fifty dollars ($850) in a lump sum. The loss by separation of a thumb twenty-four (24) months, or, at the option of the workman, six hundred dollars ($600) in a lump sum. The loss by separation of a first finger, sixteen (16) months, or, at the option of the workman, three hundred fifty dollars ($350) in a lump sum; the second finger nine (9) months, or, at the option of the workman, two hundred dollars ($200) in a lump sum; a third finger, eight (8) months, or, at the option of the workman, one hundred and seventy-five dollars ($175) in a lump sum; a fourth finger, six (6) months, or, at the option of the workman, one hundred and fifty dollars ($150) in a lump sum. The loss of one phalange of the thumb shall be considered equal to the loss of one-half a thumb; the loss of one phalange of a finger, equal disa cident fund. to the loss of one-third of a finger, and the loss of two phalanges of a finger, equal to the loss of one-half a finger, and the compensation for the respective proportions of the above period or in the respective proportions of the above lump sum shall be payable. The loss of more than one phalange of a thumb, or more than two phalanges of a finger shall be considered as the loss of an entire thumb or finger. The loss by separation of a great toe, ten (10) months, or, at the option of the workman, two hundred and fifty dollars ($250) in a lump sum; any other toe, four (4) months, or, at the option of the workman, one hundred dollars ($100) in a lump sum. In all other cases of injury resulting in permanent partial disability, the compensation shall bear such relation to the periods stated in this clause as the disabilities bear to those produced by the injuries named in this schedule, and payments shall be made for proportionate periods, not exceeding, however, ninety-six (96) months, and in all such cases where the period of payment shall not exceed twelve (12) months, but in none other, shall the workman be entitled to a lump sum equal to the present value of such monthly payments computed at an interest rate of four per cent per annum. If any workman entitled to compensation on account of a permanent disability shall have received compensation for either temporary total disability or temporary partial disability by reason of the same injury which shall entitle him to compensation for permanent partial disability, the number of months during which he shall be entitled to payments for such permanent partial disability shall be reduced by the number of monthly payments which he shall have received on account of such temporary total disability or temporary partial disability. Segregated ac- (g) For every case of injury resulting in death, or permanent total disability or permanent partial disability on account of which deferred payments are provided for a period exceeding twenty-four (24) months, it shall be the duty of the commission forthwith to notify the State treasurer in writing of the amount required to equal at four per cent interest per annum the present worth of the monthly installments payable on account of such injury, the number of such payments being computed in case of permanent total disability according to the age of the injured workman, and in the case of death according to the ages of the beneficiaries, both of such computations being according to the American Mortality Table and the expectation of life thereunder, and in the case of permanent partial disability according to the schedule above prescribed. Thereupon the State treasurer shall transfer from the Accident Fund to a fund to be known as the Segregated Accident Fund the amount so specified by the commission. All moneys comprised in the Segregated Accident Fund shall be invested by the State treasurer in the class of securities authorized for the investment by banks of savings deposits under the laws of this State. The Segregated Accident Fund and its earnings shall be charged with the payment of the installments on account of which such segregations shall be made. The State treasurer shall keep an accurate account of the earnings of and payments from the Segregated Accident Fund and may borrow from the Accident Fund to meet monthly payments pending conversion into cash of any security and in such case shall repay such temporary loan out of the cash realized from the security. Any deficiency in the Segregated Accident Fund shall be made good out of and any balance or overplus shall revert to the Accident Fund. Succeeding accidents. (h) Should a further accident occur to a workman already receiving a monthly payment under this section for a disability, or who has been previously the recipient of a lump sum payment under this act, his future compensation shall be adjusted according to the other provisions of this section and with regard to the combined effect of his injuries and his past receipt of money under this act. Readjustments. (i) If aggravation, diminution or termination of disability takes place or be discovered after the rate of compensation shall have been established or compensation terminated in any case, the commission may, upon the application of the beneficiary, or upon its own motion, readjust for future application the rate of compensation in accordance with the rules in this section provided, or, in a proper case, terminate the payments. (j) A husband or wife of an injured workman, who has deserted Spouses living said injured workman for more than one year prior to the time of the apart. injury or subsequently shall not be a beneficiary under this act. (k) If a beneficiary shall reside or remove out of the State and shall Nonresidents. have been such nonresident for a period of one year, the commission may, in its discretion, convert any monthly payments thereafter to become due to such beneficiary into a lump sum payment, not in any case exceeding four thousand dollars ($4,000), by paying a sum equal to three-fourths of the present value of such monthly payments, estimated as to duration by the life expectancy of the beneficiary in case of death or total permanent disability and computed according to the American Mortality Table and on the basis of interest at the rate of four per cent per annum, or, with the consent of the beneficiary for a lesser sum, and in any case the commission may, in its discretion, pay over to any beneficiary in a lump sum an amount not exceeding one-fourth of the present value of the monthly installments payable to such beneficiary and computed as aforesaid, and thereupon all subsequent monthly installments shall be proportionately reduced. SEC. 22. If injury or death results to a workman from the deliberate Injuries caused intention of the workman himself to produce such injury or death, willfully. neither the workman nor the widow, widower, child or dependent of the workman shall receive any payment whatsoever out of the Accident Fund. If injury or death results to a workman from the deliberate intention of his employer to produce such injury or death, the workman, the widow, widower, child or dependent of the workman 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 passed, for damages over the amount payable hereunder. A minor working at an age legally permitted under the laws of this State shall be deemed sui juris for the purpose of this act, and no other person shall have any cause of action or right to compensation for an injury to such minor workman except as expressly provided herein, but in the event of a lump sum payment becoming due under this act to such minor workman, the control and management of any sum so paid shall be within the jurisdiction of the courts as in the case of other property of minors. Minors. SEC. 23. The commission shall have authority to provide, under Medical, uniform rules and regulations, first aid to workmen who are entitled to expenses. benefits hereunder, together with transportation, medical and surgical attendance and hospital accommodations for injured workmen at an expense not exceeding two hundred and fifty dollars ($250) in any one case, and to contract therefor in its discretion. The commission may in its discretion authorize employers to furnish or provide, at the expense of the commission and upon terms fixed by it, such transportation, attendance and accommodations: Provided, however, That all such transportation, attendance and accommodations shall be at all times subject to the supervision and control of the commission. etc., Default in pay SEC. 24. If any employer shall default in any payment to the Accident Fund hereinbefore required, the amount of such payment shall be ments. collected by an action at law in the name of the commission as plaintiff, and such right of action shall be in addition to any other right of action or remedy. In respect to any injury happening to any of his workmen during the period of such default in any payment required hereunder, the defaulting employer shall not, if such default be after demand for payment, be entitled to any of the benefits of this act, but shall be liable to the injured workman (or the husband, wife, child or dependent of such workman in case death results from the injury) as he would have been prior to the passage of this act. In case the recovery actually collected from the employer shall equal or exceed the compensation to which the claimant would be entitled under this act, the claimant shall be entitled to nothing out of the Accident Fund; if such amount shall be less than the compensation herein provided, the Accident Fund shall contribute such deficiency. The person entitled to claim under this section shall have the choice, to be exercised before commencing suit against such defaulting employer, of proceeding by suit against such employer or of taking under this act. If such person shall elect to take under this act, the cause of action shall be assigned to the commission for the benefit of the Accident Fund. In any suit brought upon such cause of action the defenses withdrawn by section 15 hereof from employers electing not to contribute hereunder shall be inadmissible. Any such cause of action assigned to the commission may be prosecuted or compromised by it in its discretion. Any compromise by an individual claimant under this section which would result in a deficiency to be made good out of the Accident Fund may be made only upon the written approval of the commission. Failure to pro- SEC. 25. If any workman shall sustain an injury which the commisvide safety de- sion shall determine to have been caused in whole or in part by the failure of his employer to install or maintain any safety appliance, device or safeguard required by statute, such workman, or, if such injury result in death, then the husband, wife, child or dependent of such workman, shall have the same rights against such employer as in the case of an employer defaulting in payments due hereunder, and all of the provisions of the preceding section shall apply with respect to such claim, provided in case the workman or his beneficiary proceeds against the employer he shall have no claim against the Accident Fund. vices. Payments ex empt. Filing claims. SEC. 26. No moneys payable on account of injuries or death hereunder shall be subject to assignment prior to the receipt thereof by the beneficiary entitled thereto, nor shall the same pass by operation of law. All moneys paid or payable hereunder and the right to receive the same shall be exempt from seizure on execution, attachment or garnishment, or by the process of any court. SEC. 27. (a) Where a workman is entitled to compensation under this act he shall file with the commission his application for such, together with the certificate of the physician who attended him, and Duty of phy- it shall be the duty of the physician to inform the injured workman of his rights under this act, and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the commission, without charge to the work sician. Limitation. Medical examinations. Accidents to be reported. Employer's records. man. (b) Where death results from injury, the parties entitled to compensation under this act, or some one in their behalf, shall make application for the same to the commission, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the commission. (c) If change of circumstances warrant an increase or rearrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application therefor. (d) No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the right accrued. SEC. 28. Any workman entitled to receive compensation under this act is required, if requested by the commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the workman and as may be provided by the rules of the commission. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period. SEC. 29. Whenever any accident occurs to any workman it shall be the duty of the employer to at once report such accident and the injury resulting therefrom to the commission, and also to any local representative of the commission. Such report shall state 1. The time, cause and nature of the accident and injuries, and the probable duration of the injury resulting therefrom. 2. Whether the accident arose out of or in the course of the injured person's employment. 3. Any other matters the rules and regulations of the commission may prescribe. SEC. 30. The books, records and pay rolls of the employer pertinent to the administration of this act shall always be open to inspection by the commission or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the pay roll, the men employed, and such other information as may be necessary for the commission and its management under this act. Refusal on the part of the employer to report accidents or to submit said books, records and pay roll for such inspection to any member of the commission, or any assistant presenting written authority from the commission, shall subject the offending employer to a penalty of one hundred dollars ($100) for each offense, to be collected by civil action in the name of the State and paid into the Accident Fund, and the individual who shall personally give such refusal shall be guilty of a misdemeanor. SEC. 31. Any employer and his workman engaged in works other than those defined in section 13 hereof may accept the provisions of this act and become subject thereto and entitled to the benefits thereof by filing with the commission their written election to that effect. SEC. 32. Any employer, workman, beneficiary or person feeling aggrieved by any decision of the commission affecting his interests under this act may have the same reviewed by a proceeding in the nature of an appeal and initiated in the circuit court of the county in which the accident occurred, or in which he resides, and such appeal shall have precedence over all other cases except criminal cases, and the court shall determine whether the commission has justly considered all the facts concerning injury, whether it has exceeded the powers granted it by this act, whether it has misconstrued the law and facts applicable in the case decided. If the court shall determine that the commission has acted within its powers and has correctly construed the law and facts the decision of the commission shall be confirmed; otherwise, it shall be reversed or modified. Upon the hearing of such an appeal the court in its discretion may submit to a jury any question of fact involved in such an appeal. 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 thirty days following the rendition of the decision appealed from and actual communication thereof to the person affected thereby. No bond shall be required except that an appeal by the employer from a decision of the commission under section 25 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. If the decision of the commission shall be reversed or modified the fees of the medical and other witnesses and the costs shall be paid out of the Industrial Accident Fund if the Industrial 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 circuit court as in other civil cases. The attorney general shall be the legal adviser of the commission and shall represent it in all proceedings whenever so required by any of the commissioners. In all court proceedings under or pursuant to this act the decision of the commission shall be prima facie correct and the burden of proof shall be upon the party attacking same. SEC. 33. Disbursements out of the funds shall be made only upon warrants drawn by the secretary of state upon vouchers therefor transmitted to him by the commission and audited by him. 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 authorized for the investment by banks of savings deposits under the laws of this State. The State treasurer shall be liable on his official bond for the safe custody of the moneys and securities of the Accident Fund and the Segregated Accident Fund. SEC. 34. Nothing in this act shall be deemed to abrogate the rights of the employee under the present employers' liability law, in all cases where the employee, under this act, is given the right to bring suit against his employer for an injury. Filed in the office of the secretary of state, Feb. 25, 1913. 30597°-Bull. 126-14-25 |