Modes of se

curing pay

ments.

Accidents to be reported.

Optional acceptance law.

the commissioner of industries may at any time review any award, and on such review, may make an order ending, diminishing or increasing the compensation previously awarded, subject to the maximum or minimum provided in this chapter and shall state his conclusions of fact and rulings of law and immediately send to the parties a copy of the award. No such review shall affect such award as regards any money already paid.

[Section 45 is amended by act No. 173 by adding a new subsection, as follows:]

(5) By depositing in such bank or trust company in the State of Vermont as the commissioner of industries may designate such sum of money as said commissioner of industries may require to the joint credit of the commissioner of industries and the employer, which said sum shall be held as security for such compensation as may be awarded the injured employees of said employer, and shall be free from attachment, or trustee process, so long as any liability for such compensation exists.

[Section 55 is amended by act No. 173 so as to read as follows:] SEC. 55. Every employer liable to pay compensation under the provisions of this chapter, shall keep a record of all injuries, fatal or otherwise, sustained by his employees in the course of their employment, and shall report such an injury causing an absence of one day or more, or necessitating medical attendance, to said commissioner in writing upon blanks to be procured from said commissioner for such purpose, within seventy-two hours, Sundays and legal holidays excluded, after the occurrence of such an injury. At the termination of the disability of such injured employee, such employer shall make a final report upon blanks to be procured as herein provided; if such disability extends beyond a period of sixty days, such employer shall, at the expiration of each sixty days' period, make a supplemental report to said commissioner that such injured employee is still disabled, and, at the termination of such disability, shall file a final report as above provided. Such reports shall state the name and nature of the business of such employee, the location of the place where the accident occurred, the name, age, sex, wages and occupation causing such injury, the nature and cause thereof and such other information as may be required by said commissioner. An employer who refuses or neglects to make a report required by this section shall be fined not more than twenty-five dollars. Within sixty days after disability, such employer or other party liable to pay the compensation provided for by this chapter shall file with said commissioner a statement showing the total payments made or to be made for compensation and for medical services for such injured employee.

[Section 57 is repealed by act No. 171.

Section 58 is amended by act No. 175 by substituting $2,000 for $1,500 where it occurs in paragraphs (b) and (e); also by inserting at the end of the second sentence in paragraph (b) the following:]

Provided, however, That in all cases where the employee's wage of exceeds the sum of two thousand dollars the employer, and employee may enter into an agreement setting forth that each desires to be bound by the provisions of this act and upon the filing of said agreement with the commissioner of industries, the provisions of this act shall apply.

[Other sections of act No. 173 are as follows:]

Death dur- SEC. 9. In case of the death of a person from any cause other ing compensa- than the accident during the period of payments for permanent tion period. injury, the remaining payments shall be made to his dependents according to the provisions of section 12, 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

Procedure.

expenses.

SEC. 10. The commissioner of industries or, in case of an appeal, the court to which such appeal is taken, shall not be bound by common law or statutory rules of evidence or by technical

or formal rules of procedure except as provided by this act, but may make such investigation or inquiry or conduct such hearing or trial in such manner as to ascertain the substantial rights of the parties.

SEC. 11. All notices of hearings under the provisions of this act shall be given to the employee, employer, and to the insurance carrier. Such notice shall be given by delivering it or by sending it by mail, addressed to the employee, employer and to said insurance company at his or its last known residence or place of business. The foregoing provisions shall apply alike to individuals, partnerships and corporations.

Notices.

Statements

SEC. 12. Every employer doing business in this State, employing five men or more, and every employer hereafter engaging in by employers. business in this State, who employs five men or more, and every employer accepting the provisions of the workmen's compensation act, shall, during the month of June of each year, file with the commissioner of industries a certificate stating the number of persons in his employ, together with such other statistical information as said commissioner of industries may require. Any employer who refuses or neglects to file the certificate required by this section shall be fined not more than one hundred dollars.

SEC. 13. Sheriffs and witnesses shall receive the same fees for Sheriffs', the service of process and attendance before the commissioner etc., fees. of industries as are paid sheriffs and witnesses in county court. Costs shall not be taxed or allowed either party except as provided in section 39.

New hear

SEC. 14. The commissioner of industries may grant a new hearing in a cause determined by him on the ground of newly dis- ings, covered evidence when a petition setting forth the substance of such evidence, verified by the oath of the petitioner, is presented. The decision of the commissioner of industries in grauting or denying said hearing shall be final and conclusive. If a party petitions the commissioner of industries for a new hearing, he shall give the adverse party notice of such petition by a citation signed by said commissioner, served like a writ of summons, at least twelve days before the date of said hearing. A new hearing shall not be granted on a petition unless the citation to the adverse party is served within six months after the date of the order of said commissioner.

Approved April 11, 1917.

ACT No. 176.-Compensation of workmen for injuries-Time of taking effect of acts.

SECTION 1. All acts of the general assembly of 1917 in amendment of and in addition to the workmen's compensation act shall not affect accidents covered by the provisions of such act occurring prior to July 1, 1917, but as to such accidents the law now in force shall apply.

Approved April 11, 1917.

Act in effect.

VIRGINIA.

ACTS OF 1918.

CHAPTER 400.-Compensation of workmen for injuries—Industrial commission-Insurance fund.

SECTION 1. This act shall be known as "The Virginia Work- Title. men's Compensation Act."

Definitions.

SEC. 2. In this act unless the context otherwise requires: (a) "Employers" shall include the State and any municipal Employers. corporation within the State or any political division thereof, and any individual, firm, association or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. If the employer is insured it shall include his insurer so far as applicable.

(b) "Employee" shall include every person, including a minor, in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation, or profession of the employer. Any reference to an employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents, and other persons to whom compensation may be payable.

(c) "Average weekly wages" shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury, divided by fifty-two; but if the injured employee lost more than seven consecutive calendar days during such period, although not in the same week, then the earnings for the remainder of such fifty-two weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. Where the employment prior to the injury extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employees earned wages shall be followed; provided, results fair and just to both parties will be thereby obtained. Where by reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impracticable to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the fifty-two weeks previous to the injury was being earned by a person of the same grade and character employed in the same class of employment in the same locality or com munity.

But where for exceptional reasons the foregoing would be unfair either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.

Wherever allowances of any character made to an employee in lieu of wages are specified part of the wage-contract, they shall be deemed a part of his earnings.

Employees.

Wages.

(d) "Injury" and "Personal Injury" shall mean only injury Injury. by accident arising out of and in the course of the employment and shall not include a disease in any form, except where it results directly from the accident.

(e) In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the em

Hernia.

Pending litigation.

Election presumed.

Waiver of exemption.

as to tracts.

ployee's employment, it must be definitely proven to the satisfaction of the "Industrial Commission."

First: That there was an injury resulting in hernia;

Second: That the hernia appeared suddenly;

Third: That it was accompanied by pain;

Fourth: That the hernia immediately followed an accident; Fifth That the hernia did not exist prior to the accident for which compensation is claimed.

All hernia, inguinal, femoral, or otherwise, so proven to be the result of an injury by accident arising out of and in course of the employment, shall be treated in a surgical manner by radical operation. If death results from such operation, the death shall be considered as a result of the injury, and compensation paid in accordance with the provisions of section 39. In nonfatal cases, time loss only shall be paid, unless it is shown by special examination, as provided in section twenty-eight, that the injured employee has a permanent partial disability resulting after the operation. If so, compensation shall be paid in accordance with the provisions of section thirty-one with reference to partial disability.

In case the injured employee refuses to undergo the radical operation for the cure of said hernia, no compensation will be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the commission considers it unsafe for the employee to undergo said operation, the employee shall be paid as provided in section thirty-one.

SEC. 3. The provisions of this act shall not affect pending litigation.

SEC. 4. From and after the taking effect of this act, every employer and employee, except as herein stated, shall be presumed to have accepted the provisions of this act respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment, and shall be sulting in injury or death: Provided, That if any such accident resulting in injury or death notice to the contrary in the manner herein provided.

SEC. 5. Either an employer or an employee, who has exempted himself, by proper notice, from the operation of this act, inay at any time waive such exemption and thereby accept the provisions of this act by giving notice as herein provided.

The notice of waiver and the notice of acceptance heretofore referred to shall be given thirty days prior to any accident resulting in injury or death, provided that if any such accident occurred less than thirty days after the date of employment, notice of such exemption or acceptance given at the time of employment shall be sufficient notice thereof. The notice shall be in writing or print in substantially the form prescribed by the industrial commission and shall be given by the employer by posting the same in a conspicuous place in the shop, plant, office, room or place where the employee is employed, or by serving it personally upon him; and shall be given by the employee by sending the same in registered letter, addressed to the employer at his last known residence or place of business, or by giving it personally to the employer or any of his agents upon whom a sunmons in civil action may be served under the laws of the State. A copy of the notice in prescribed form shall also be filed with the industrial commission.

Presumption SEC. 6. Every contract of service between any employer and con- employee covered by this act, written or implied, now in operation or made or implied prior to the taking effect of this act, shall, after the act has taken effect, be presumed to continue, subject to the provisions of this act; and every such contract made subsequent to the taking effect of this act shall be presumed to have been made subject to the provisions of this act; unless either party shall give notice, as provided in section five, to the other party to such contract, that the provisions of this act other