صور الصفحة
PDF
النشر الإلكتروني

authorized to perform its work at any place deemed necessary by said commission, subject to the restrictions and limitations of this act.

SEC. 28a. Upon the organization of said commission and notification of the heads of all executive departments that the commission is ready to take up the work devolved upon it by this act, all commissions and independent bureaus, by or in which payments for compensation Transfer of are now provided, together with the adjustment and settlement of claims and em- such claims, shall cease and determine, and such executive departployees. ments, commissions, and independent bureaus, shall transfer all pending claims to said commission to be administered by it. The said commission may obtain, in all cases, in addition to the reports provided in section 24, such information and such reports from employees of the departments as may be agreed upon by the commission and the heads of the respective departments. All clerks and employees now exclusively engaged in carrying on said work in the various executive departments, commissions, and independent bureaus, shall be transferred to, and become employees of, the commission at their present grades and salaries.

Powers as to witnesses.

Employees commission.

Estimates.

of

[blocks in formation]

SEC. 29. The commission, or any commissioner by authority of the commission, shall have power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evidence, to administer oaths, and to examine witnesses, upon any matter within the jurisdiction of the commission.

SEC. 30. The commission shall have such assistants, clerks, and other employees as may be from time to time provided by Congress. They shall be appointed from lists of eligibles to be supplied by the Civil Service Commission, and in accordance with the civil-service law.

SEC. 31. The commission shall submit annually to the Secretary of the Treasury estimates of the appropriation necessary for the work of the commission.

SEC. 32. The commission is authorized to make necessary rules and regulations for the enforcement of this act, and shall decide all questions arising under this act.

SEC. 33. The commission shall make to Congress at the beginning of each regular session a report of its work for the preceding fiscal year, including a detailed statement of appropriations and expenditures, a detailed statement showing receipts of and expenditures from the employees' compensation fund, and its recommendations for legislation. SEC. 34. For the fiscal year ending June thirtieth, nineteen hundred and seventeen, there is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $50,000 for the work of the commission, including salaries of the commissioners and of such assistants, clerks, and other employees as the commission may deem necessary, and for traveling expenses, expenses of medical examinations under sections twenty-one and twenty-two, reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, rent and equipment of offices, purchase of books, stationery, and other supplies, printing and binding to be done at the Government Printing Office, and other necessary

expenses.

SEC. 35. There is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $500,000, to be set aside as a separate fund in the Treasury, to be known as the employees' compensation fund. To this fund there shall be added such sums as Congress may from time to time appropriate for the purpose. Such fund, including all additions that may be made to it, hereby authorized to be permanently appropriated for the pay ment of the compensation provided by this act, including the medical, sargical, and hospital services and supplies provided by section nine, and the transportation and burial expenses provided by sections nine and eleven. The commission shall submit annually to the Secretary d the Treasury estimates of the appropriations necessary for the mainte tenance of the fund.

SEC. 36. The commission, upon consideration of the claim presse tited by the beneficiary, and the report furnished by the immediate super and the completion of such investigation as it may deem necessary, stad determine and make a finding of facts thereon and make an awariis

or against payment of the compensation provided for in this act. Compensation when awarded shall be paid from the employees' compensa

tion fund.

SEC. 37. If the original claim for compensation has been made within the time specified in section twenty, the commission may, at any time, on its own motion or on application, review the award, and, in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation.

SEC. 38. If any compensation is paid under a mistake of law or of fact, the commission shall immediately cancel any award under which such compensation has been paid and shall recover, as far as practicable, any amount which has been so paid. Any amount so rcovered shall be placed to the credit of the employees' compensation fund.

SEC. 39. Whoever makes, in any affidavit required under section four or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $2,000, or by imprisonmment for not more than one year, or by both such fine and imprisonment.

SEC. 40. Wherever used in this act-

The singular includes the plural and the masculine includes the feminine.

The term "employee" includes all civil employees of the United States and of the Panama Railroad Company.

The term "commission" shall be taken to refer to the United States Employees' Compensation Commission provided for in section twentycight.

The term "physician" includes surgeons.

The term "monthly pay" shall be taken to refer to the monthly pay at the time of the injury.

Review.

Mistakes.

False stato

ments.

Definitions.

Liability of

SEC, 41. All acts or parts of acts inconsistent with this act are hereby Repeal. repealed: Provided, however, That for injuries occurring prior to the passage of this act compensation shall be paid under the law in force at the time of the passage of this act: And provided further, That if an injury or death for which compenssation is payable under this act is caused under circumstances creating a legal liability in the Panama Railroad Company to pay damages therefor under the laws of any State, Territory, or possession of the United States or of the District Panama Railroad of Columbia or of any foreign country, no compensation shall be payable until the person entitled to compensation release to the Panama Railroad Company any right of action which he may have to enforce such liability of the Panama Railroad Company, or until he assigns to the United States any right which he may have to share in any money or other property received in satisfaction of such liability of the Panama Railroad Company.

Company.

and Alaskan

SEC. 42. The President may, from time to time, transfer the admin- Administration tration of this act so far as employees of the Panama Canal and of the for Canal Zone Panama Railroad Company are concerned to the governor of the Pana- Railways. ma Canal, and so far as employees of the Alaskan Engineering Commission are concerned to the chairman of that commission, in which cases the words "commission" and "its" wherever they appear in this act shall, so far as necessary to give effect to such transfer, be read "governor of the Panama Canal" or "chairman of the Alaskan Engineering Commission," as the case may be, and "his"; and the expenses of medical examinations under sections twenty-one and twenty-two, and the reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, shall be paid out of appro priations for the Panama Canal or for the Alaskan Engineering Com mission or out of funds of the Panama Railroad, as the case may be, instead of out of the appropriation for the work of the commission.

In the case of compensation to employees of the Panama Canal or of the Panama Railroad Company for temporary disability, either total or partial, the President may authorize the governor of the Panama Canal to waive, at his discretion, the making of the claim required by section eighteen. In the case of alien employees of the Panama Canal or of the Panama Railroad Company, or of any class or classes of them, the President may remove or modify the minimum limit established by section six on the monthly compensation for disability and the mini

Transfer of powers.

Power to waive claims.

Alien employ

ees.

Benefits.

mum limit established by clause (K) of section ten on the monthly pay on which death compensation is to be computed. The President may authorize the governor of the Panama Canal and the chairman of the Alaskan Engineering Commission to pay the compensation provided by this act, including the medical, surgical, and hospital services and supplies provided by section nine and the transportation and burial expenses provided by sections nine and eleven, out of the appropriations for the Panama Canal and for the Alaskan Engineering Commission, such appropriations to be reimbursed for such payments by the transfer of funds from the employees' compensation fund. Approved September 7, 1916.

EXECUTIVE ORDERS.

No. 2455.—Employees of the Panama Canal and Panama Railroad Co.

By virtue of the authority vested in me by section 42 of the act entitled "An act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes, approved September 7, 1916, it is hereby order!

1. That the administration of the act entitled "An act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,” approved September 7, 1916, so far as employees of the Panama Canal and of the Panama Railroad Co. are concerned, is hereby transferred to the governor of the Panama Canal.

2. That in the case of compensation to employees of the Panama Canal, or of the Panama Railroad Co., for temporary disability, either total or partial, the governor of the Panama Canal is hereby authorized to waive, at his discretion, the making of the claim required by section eighteen of said act.

3. That in the case of alien employees of the Panama Canal, or of the Panama Railroad Co., the minimum limit established by section six on the monthly compensation for disability, and the minimum limit established by clause (K) of section ten on the monthly pay on which death compensation is to be computed, is hereby removed.

4. That the governor of the Panama Canal is hereby authorized to pay the compensation provided by said act, including the media, surgical, and hospital services and supplies provided by section niɛand the transportation and burial expenses provided by sections nine and eleven, out of the appropriations for the Panama Canal, appropriations to be reimbursed for such payments by transfer of iu. is from the employees' compensation fund."

September 15, 1916.

No. 2463.-Employees of the Alaskan Engineering Commissier Upon the recommendations of the Secretary of the Interior and the chairman of the Alaskan Engineering Commission, and by virtue a authority contained in section forty-two of An act to provide cen Wr sation for employees of the United States suffering injuries whie in the performance of their duties, and for other purposes" + Public. &. Transfer of 267, 64th Cong., 39 Stat., p. 742, approved September 7, 1916, I heret v direct the chairman of the Alaskan Engineering Commission to ader ister the provisions of this act in so far as employees of the Alaska: Engineering Commission are concerned; and the expenses of mea examinations under sections twenty-one and twenty-two, ani reasonable traveling and other expenses and loss of wages payɔrde k employees under section twenty-one, shall be paid out of aponera tions for Construction and operation of railroads in Alaska."

powers.

Expenses.

Benefits.

I further direct the chairman of the Alaskan Engineering Comma sion to pay the compensation provided by the aforementioned a including the medical, surgical, and hospital services and supes provided by section nine and the transportation and burial ex-2** provided by sections nine and eleven out of appropriations or de Construction and operation of railroads in Alaska, such apines tions to be reimbursed for such payments by transier of tunds employees' compensation fund.

September 29, 1916.

[ocr errors]

TEXT OF WORKMEN'S COMPENSATION LAWS OF

CANADA.

ALBERTA.

ACTS OF 1918.

CHAPTER 5.-Compensation of workmen for injuries.

SECTION 1. This act may be cited as "The workmen's compensation Title. act, 1918."

SEC. 2. In this act, and in the schedules hereto, unless the context otherwise requires

(a) "Accident" shall include a willful and intentional act, not being the act of the workman, and shall also include a chance event occasioned by a physical or natural cause.

(b) Accident funds" shall mean the funds provided for the payment of compensation, outlays, and expenses and the cost of installation and operation of mine rescue stations under this act.

(c) "Board" shall mean the commission as constituted under this act. (d) "Compensation" shall include medical aid except where such interpretation is inconsistent with the context.

(e) Dependents" shall mean such of the members of the family of a workman as were wholly or partially dependent upon his earnings at the time of his death or who but for the incapacity due to the accident would have been so dependent.

(f) "Employer" shall include every person having in his service under a contract of hiring, or apprenticeship, written or oral, express or implied, any person engaged in any work in or about an industry to which this act applies and includes municipal corporations, school boards, commissions and boards having the management of any work or service operated for a municipal corporation and shall include the Crown in the right of the province, and any permanent board or commission appointed thereunder in respect of any employment whatsoever; and where the services of a workman are temporarily let or hired to another person by the person with whom the workman has entered into such a contract the latter shall be deemed to continue to be the employer of the workman while he is working for that other person.

(g) Employment" means and includes employment in any estab lishment, undertaking, trade or business within the scope of this act, and in the case of any undertaking not as a whole an industry within the scope of this act, includes any department or part of such undertaking as would if carried on separately be an industry within the scope of this act.

(h) Industry" in this act shall include establishment, undertaking, trade, and business as included in the schedules hereto.

(1) "Industrial disease" shall mean any of the diseases mentioned in the form hereto and any other disease which by the regulations is declared to be an industrial disease.

(j) "Invalid" shall mean physically or mentally incapable of earning.

(k ̧_** Medical referee" shall mean medical referee appointed by the board.

(1) Member of the family" shall mean and include wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson. stepdaughter, brother, sister, half brother, half sister, and a person who stood in loco parentis to the workman or to whom the workman stood in loco parentis, whether related to him by consanguinity or not so related and where the workman is the parent or grandparent of an illegitimate child shall include such child, and where the workman is an illegitimate child shall include his parents and grandparents.

Definitions.

Board.

Chairman.

Temporary appointees.

Term.

Quorum.

Same.

Office.

Salaries.

Powers.

Officers.

Jurisdiction.

(m) "Mine" shall mean mine as defined by an act respecting mines, being chapter 4 of the statutes of Alberta, 1913.

(n) "Regulations" shall mean regulations made by the board under the authority of this act.

(0) "Workman" shall include a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labor or otherwise, and shall also include any person engaged in training for mine rescue work or who, with the knowledge and consent of the management, is doing recovery work after an explosion, accident or catastrophe.

(p) "Construction" shall include reconstruction, repair, alteration and demolition.

(q) "Outworker" shall mean a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented. finished, repaired or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials.

(r) "Manufacturing" shall include making, preparing, altering. repairing, ornamenting, printing, finishing, packing, assembling the parts of and adapting for use or sale any article or commodity.

SEC. 3. There is hereby constituted a commission for the adminis tration of this act, to be called the workmen's compensation board, which shall consist of not more than three members to be appointed by the lieutenant governor in council and shall be a body corporate.

SEC. 4. One of the commissioners shall be appointed by the lieutenant governor in council to be chairman of the board and he stall hold that office while he remains a member of the board.

SEC. 5. In case of the death, illness, or absence from Alberta of a commissioner or of his inability to act from any cause the lieutenan governor in council may appoint some person to act pro tempore in his stead and the person so appointed shall have all the powers and perform all the duties of a commissioner.

SEC. 6. Each commissioner shall hold office during good behavior, but may be removed at any time for cause.

SEC. 7. The presence of two commissioners shall be necessary to cotstitute a quorum of the board.

SEC. 8. A vacancy in the board shall not if there remain two mem'es of it impair the authority of such two members to act.

SEC. 9. The office of the board shall be situated in the city of Elmonton, and its sittings shall be held there except where it is expe dient to hold sittings elsewhere, and in that case sittings may be held in any part of Alberta.

SEC. 10. The members of the board shall receive such salaries as na be fixed by the lieutenant governor in council.

SEC. 11. The board shall have like powers as the supreme court fe compelling the attendance of witnesses and of examining them under oath, and compelling the production of books, papers, documents, sti things.

(2) The board may cause depositions of witnesses residing within without the province to be taken before any person appointed by tza board in similar manner to that prescribed by the rules of the surntcourt for the taking of like depositions in that court before a cornsioner.

SEC. 12. The board may appoint such officers as the board may y necessary for carrying out the provisions of this act and may premeri m their duties and fix their remuneration.

(2) Every person so appointed shall hold office during the poMIN of the board.

SEC. 13. The board shall have exclusive jurisdiction to examine it hear, and determine all matters and questions arising under this a and the action or decision of the board thereon shall be final ande clusive and shall not be open to question or review in any court, at proceedings by or before the board shall be restrained by ingur prohibition or other process or proceedings in any court or be reta by certiorari or otherwise into any court.

(2) Nothing in subsection 1 shall prevent the board from rex 12. ing any matter which has been dealt with by it or from resta

« السابقةمتابعة »