Ohio be presented to the Commission on blanks which are furnished by the Commission, and these blanks must be used in all cases. The rules of the Commission provide for a preliminary notice which must be mailed within one week after the date of the injury. Upon receiving this notice blanks will be sent which must be filled out by the applicant for compensation. These blanks should be secured from the Ohio Industrial Commission, Columbus, Ohio. There is no specific provision in the Act for agreements between employers and employés as to the amount of compensation, even though the employer is permitted to carry his own risk but the Industrial Commission has adopted rules 1 relating to such agreements as well as to the determi1 These rules are as follows: "Rule 1. Employers who have elected to pay compensation, etc., direct to their injured and the dependents of their killed employés shall report each and every injury occurring to their employés, as required by Sec. 52 of the compensation act, such reports to be made upon report forms furnished by the Commission. "Rule 2. It is the duty of the employer upon injury to any of his employés in the course of their employment to promptly furnish compensation, medical attendance, etc., to such injured employé, or to their dependents in case of death as the result of such injury, in accordance with the provisions of the compensation act. "Rule 3. Within thirty days after agreement as to the payment of compensation to injured or the dependents of killed employés, and within thirty days after furnishing medical, surgical, nursing or hospital attention or medicines or funeral expenses, a statement of the same shall be filed with The Industrial Commission. "If the injury does not incapacitate the employé for a longer period than one week, a simple statement by the employer of the amount or value of the medical, surgical, nursing and hospital attention and medicines will be sufficient. "If the injury incapacitates the employé for a longer period than one week, such statement shall include the amount of medical, surgical, nursing and hospital attention and medicines and the amount of compensation agreed upon, and shall be signed by the employer and the injured employé. "If the injury causes the death of the employé within a period of two years, such statement shall include the amount paid to the injured Ohio nation of controversies arising between such employers and employés. employé prior to his death, and the amount agreed to be paid to his dependents as defined in Section 35 of the act, and shall be signed by the employer and the person or persons described in Section 36 of the act. "Periodical payments required to be made by the compensation act may be commuted to one or more lump sum payments only when the approval of the Commission is given therefor. Either the employer or the employé may make application for authority to make lump sum payments. "No agreement made hereunder will be approved by the Commission unless the same is in strict conformity with the provisions of the compensation act as to the amount and method of payment of compensation and the furnishing of medical attention, etc. "Rule 4. Upon receipt of the statement required by Rule 3, the same shall be filed and stamped with the date of its filing, and upon the expiration of 60 days from and after the date of such filing, if the same appears to be in conformity to the provisions of the compensation act, the same will be approved and confirmed by the Commission, unless objection is made thereto in the manner defined in the rule next following. "Rule 5. Upon such statement or agreement being filed by the employer, the employé or beneficiaries shall be forthwith notified of the filing of the same and that the same will be approved and confirmed by the Commission at the end of 60 days from the filing of same, unless within said sixty days objection in writing to such confirmation is filed with the Commission either by the employé or beneficiary or by the employer. "Rule 6. Objections to the confirmation of agreements as to compensation provided for in Rule 5 hereof shall be in writing, shall state the grounds of objection, and the request that the Commission may conduct a hearing and fix the amount of compensation according to the facts and the law governing the same; and upon filing the same if the objections seem to possess merit a date shall be fixed for the hearing of the same not later than 30 days after the filing thereof and notice of the filing of said objections, the nature of the same and the time and place of such hearing shall be mailed forthwith to the adverse party. "The Commission shall furnish blanks for the filing of such objections free of charge upon application therefor. "Rule 7. The Commission will not be bound by the usual common law or statutory rules of evidence or any technical rules of procedure in conducting hearings, but will conduct the hearing and make investigations in reference to the questions at issue in such manner as in its judgment Ohio is best calculated to ascertain and determine the substantial rights of the parties and to carry out justly the spirit of the compensation act. "Oral testimony may be offered by either party and depositions may be filed. Depositions should be taken and filed in all respects as required by statute in civil actions in the courts. "Rule 8. If upon hearing the objections the facts appear as set forth in the statement on file it will be the duty of the Commission to overrule the objections, in which event the agreement of the parties contained in said statement shall continue in full force; otherwise the objections may be sustained and a finding of facts made in accordance with the proof adduced at the hearing, and an award made in accordance with such finding of facts, which award shall be substituted for the agreement contained in statement required by Rule 3 hereof. "Rule 9. In the event the employer and the injured employé, or in case of death the dependents of the killed employé, do not arrive at an agreement as to the nature and extent of the injury and the amount of compensation, etc., to be paid or furnished by the employer to such employé or dependents within thirty days after such injury or death, or within thirty days after the medical department certifies capacity on the part of the employé or claimant to make an agreement, the employer or such injured employé, or his dependents in case of his death, may file an application with the Industrial Commission for the purpose of having the amount of such compensation, etc., determined in accordance with the provisions of Section 27 of the compensation act. "Rule 10. Upon the filing with the Commission of the application provided for in Rule 9 the time and place of hearing said application, should a hearing be granted, shall be fixed at least one week or not more than three weeks after the filing thereof, and the employer shall forthwith be notified by mail of the filing of said application and the contents thereof, and of the time and place of such hearing. "The hearing will be conducted, oral and other testimony taken, as is provided in other cases. "Rule 11. The policy of the Commission will be to determine all questions brought before it as speedily as possible; but continuances of hearings for any reasonable cause may be had upon the request of either of the parties. "The Commission will continue hearings upon its own motion only when the volume of business is such as to demand it, or when the proof is not satisfactory, or is insufficient. "Rule 12. The employer may file an answer to the application of the employé at any time before the date set for the hearing, but no answer is necessary and in the event none is filed the allegations contained in the application will be deemed to be denied by the employer. Rhode Island "Rule 13. The Commission will prepare and furnish free of charge all proper forms required by these rules and the provisions of the compensation act and require that such forms be used in all instances where prescribed. "Rule 14. The rules of the Commission are subject to alterations or amendment at any time; and the Commission will make additional rules, whenever, in its judgment, the same are necessary." OREGON The entire administration of the Oregon Act is under the supervision of the State Industrial Accident Commission which is created by § 2 of the Act. As an employer cannot adopt the compensation principle except by contributing to the State insurance fund all applications for compensation must be made to the Industrial Accident Commission and must be made on blanks prepared and furnished free by the Commission. § 8. As the Oregon Act does not go into effect until July 1, 1914, no rules have yet been made concerning its administration. RHODE ISLAND Employers and employés can agree upon compensation and such claims must be reduced to writing and filed with the Clerk of the Superior Court. This agreement must be approved by a justice of the same court after which it is enforcible in the same manner as an execution on a judgment in a civil action. Art. III, § 1. Upon failure to agree upon the amount of compensation either party may file a petition in the Superior Court in the nature of a petition in equity, and the court then determines the matter, sitting as a court of equity. Art. III, §§ 2 to 17, inc. Texas TEXAS1 The Act is administered by the Industrial Accident Board which is created by Part 2, § 1. All questions arising under the Act, if not settled by agreement of the parties, are 1 RULES ADOPTED BY INDUSTRIAL ACCIDENT BOARD MANNER OF GIVING NOTICE BY EMPLOYER OF ACCEPTANCE OF THE ACT Rule 1. Every subscriber shall, after receiving a policy, give notice in writing or print, to all persons with whom he is about to enter into a contract of hire, that he has provided for payment of compensation for injuries by the Association. If any employer ceases to be a subscriber, he shall on or before the day on which his policy expires, give notice to that effect in writing or print to all persons under contract of hire with him. In case of the renewal of his policy, no notice shall be required under this Act. He shall file a copy of said notice with the Industrial Accident Board. (Section 20, Part III of the Act). If personal service is not made of the notice as above required, said notice may be given in printed or typewritten form by posting the same in six or more conspicuous places where labor is employed, so that each and every laborer may have an opportunity for seeing and reading the same. MANNER OF GIVING NOTICE BY EMPLOYÉ TO EMPLOYER OF AN INJURY AND CLAIM FOR COMPENSATION Rule 2. In each instance the notice shall be served upon the employer, or upon one employer if there are more employers than one, or upon any agent, representative or manager of such employer or employers, or upon any officer or agent of a corporation if the employer is a corporation, by delivering the same to the person on whom it is to be served, or by leaving it at his residence or place of business, or by sending it by registered mail addressed to the person or corporation on whom it is to be served, at the last known residence or place of business. REPORT OF ACCIDENTS BY TEXAS EMPLOYERS' INSURANCE ASSOCIATION, OR BY COMPANIES AND ASSOCIATIONS ISSUING POLICIES OF INSURANCE Rule 3. The above designated association and companies shall report all accidents within five days after the receipt of notice thereof by them |