صور الصفحة
PDF
النشر الإلكتروني

sion his application and report of physician within thirty days after beginning of disability. When death results from injury party entitled to compensation shall make application to Commission within one year from date of death, with proof of death and relationship and certificate of attending physician.

Commission shall make such investigation of claim as it deems necessary and upon application of either party shall order hearing and shall make or deny an award determining compensation and file same in office of Commission, together with conclusions of law and fact. Any employer, employee, beneficiary or person feeling aggrieved by decision of Commission may have same reviewed in nature of appeal and initiated in Circuit Court of county or in common-law courts of Baltimore and court shall determine whether Commission justly considered facts concerning injury, whether it exceeded powers, whether it misconstrued the law and facts applicable to case decided. If court determines Commission acted within its powers and correctly construed the law and facts, decision of Commission will be affirmed; otherwise, reversed or modified. Upon hearing of appeal on motion, court may submit to jury any question of fact involved. Notice of appeal must be served on Commission within thirty days from rendition of decision appealed from. Appeal shall lie from judgment of Circuit Court or common-law court of Baltimore to Court of Appeals as in other civil cases.

If aggravation, diminution or termination of disability takes place after compensation has been established or compensation terminated, Commission may, upon application of any party in interest or on its own motion, readjust for future application the rate of compensation or in proper case terminate payments. In proceeding for enforcement of claim it will be presumed in absence of substantial evidence to contrary: (a) that claim comes within provisions of act; (b) that sufficient notice was given; (c) that injury was not occasioned by willful intention of injured employee to bring about injury or death of himself or another; (d) injury did not result solely from intoxication of injured employee while on duty; (e) there was no prejudice by failure to file claim in thirty days.

MASSACHUSETTS.

(Enacted 1911; General Laws 1921, Chapter 152; Amended 1921.)

I. SCOPE AND APPLICATION.

1. Applies to the commonwealth and any city, county, town or district having power of taxation which has accepted Chapter 807 of Act of 1913, and to laborers, workmen and mechanics employed by it and every person who insures and gives notice to persons under contract that he has provided for payment to injured person by insured and to employee in service of another under contract of hire, except masters of and seamen on vessels engaged in interstate or foreign commerce and one whose employment is not in usual course of trade, business, profession or occupation of his employer. Acceptance of payments by an employee of insured persons constitutes a release to insured of all claims or demands at law, if any, arising from injury. Employee waives his rights at common law to recover damages if he shall not have given his employer, at time of contract of hire, written notice he claimed such right.

2. In action for injuries or for death sustained in course of employment it shall be no defense (1) that employee was negligent; (2) injury was caused by negligence of fellow servant; (3) employee has assumed the risk. This shall not apply to action for damages for injuries sustained by domestic servants and farm laborers, nor for actions for such injuries received by employees of insured person.

3. Chapter 153 regarding "Liability of employers to employees for injuries not resulting in death" and sections 4 and 7 to 10, chapter 229, regarding "Actions for death," shall not apply to employees of injured person, nor to laborers, workmen or mechanics employed by any county, city, town or district subject to this act.

4. Misconduct by employee bars compensation, and if employee is injured through serious or willful conduct of insured person, the amounts of compensation shall be doubled.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

Insurer shall pay following dependents of employees wholly dependent:

(a) To widow, so long as she remains unmarried, $16.00 a week, if and so long as there are not more than two children of employee, who are under age of 18 or over said age and physically or mentally incapacitated from earning $14.00 a week, so long as there two of such children, $12.00 a week so long as there is one such child, and $10.00 a week if and so long as there is no such child; and, if widow dies, to such children in equal shares, $16.00 a week, if and as long as there are more than three such children, $14.00 a week so long as there are three such children, $12.00 a week so long as there are two such children and $10.00 a week if and so long as there is one such child, but if widow remarries, aforesaid, payments to her shall terminate and insurer shall pay each week to such children, if and so long as there are more than five, his and her proportionate part of $16.00, and shall pay to each of such children, if and so long as there are five or less, three dollars a week. Period covered by payments provided for by foregoing section shall not be longer than 400 weeks. When weekly payments have been made to injured employee before his death, compensation under foregoing provisions shall begin from date of last such payment, but not continue more than 400 weeks from date of injury.

In other cases of total dependency insurer shall pay dependents of employee wholly dependent upon his earnings for support a weekly payment equal to two-thirds of his average weekly wages, but not more than $10.00 nor less than $4.00 a week for period of 500 weeks from date of injury, but in no case shall amount be more than $4,000. If employee leaves dependents partially dependent, insurer shall pay such dependents a weekly compensation equal to same proportion of weekly payments for benefit of person wholly dependent as amount contributed. by employee to such partial dependent bears to annual earnings of deceased at time of his injury.

Payments in case of death of injured employee shall be made to his legal representative, or if he has no legal representatives, to his dependents; or if he leaves no dependents to person to whom payment of expenses for last sickness and burial is due.

(c) When weekly payments have been made to injured employee before death, compensation to dependents shall begin from date of last weekly payment, but shall not continue more than 500 weeks from injury.

(d) Following shall be conclusively presumed to be wholly dependent:

1. Wife upon husband with whom she lives at time of death or if found he had deserted her.

2. Husband upon wife with whom he lives at time of her death.

3. Children under 18 or over if physically or mentally incapacitated upon parents with whom living at time of death of such parents, there being no surviving parents, provided in case of death of employee who has living children by former spouse under 18 or over if incapacitated, said children shall be presumed to be wholly dependent for support and death benefit shall be divided between surviving spouse and all children in equal shares. Total sum due surviving spouse and her own children shall be paid directly for her and children's benefit, and sums due children of former wife or husband shall be paid to a guardian.

4. Children under 16 or over said age, if physically or mentally incapacitated upon parent bound to support them, although living apart.

In all other cases of dependency shall be determined in accordance with facts, and if more than one wholly dependent, death benefit shall be divided equally among them and partial dependents, and if more than one wholly dependent and more than one partly dependent death benefits shall be divided among them according to relative extent of their dependency. 5. In all cases insurer shall pay reasonable expenses of burial, not exceeding $150; if employee leaves dependents such sum shall be part of compensation payable and to that extent shorten period of payment.

2. INJURIES NOT RESULTING IN DEATH:

(a) First aid, medical. During first two weeks after injury, and in discretion of department for longer period, insured shall furnish adequate and reasonable medical and hospital services. Employee may select his own physician other than provided by insured, or where he is treated in case of emergency by other physician than one provided by employer and reasonable expense shall be paid by insurer subject to approval of department. Employee may be provided with artificial eye, limb or appliance at expense of insurer.

(d) Partial disability. Insurer shall pay injured employee a weekly compensation equal to two-thirds of difference between his average weekly wages before injury and average weekly wages which he is able to earn thereafter, not

more than $16.00 a week, and compensation shall not be more than $4,000.

(f) Specific injuries. In following specified injuries amounts hereinafter named shall be paid in addition to all other compensation:

a. For loss by severance of both hands at or above wrist, or both feet at or above ankle, or loss of one hand and one foot, or the reduction to one-tenth of normal vision in both eyes with glasses, two-thirds of average weekly wages, not more than $10.00 nor less than $4.00 a week for a period of 100 weeks.

b. For loss by severance of either hand at or above wrist, of either foot at or above ankle, or reduction to onetenth of normal vision in either eye with glasses, twothirds of average weekly wages of insured person for each hand or foot so severed, but not more than $10.00 nor less than $4.00 a week for period of 50 weeks.

c. For loss by severance at or above second joint of two or more fingers, including thumbs, of the same hand. or two or more toes of the same foot, two-thirds of average weekly wages of injured person, but not more than $10.00 nor less than $4.00 a week for 25 weeks for each hand or foot so injured.

d. For loss by severance of at least one phalange of a finger, thumb or toe, two-thirds of average weekly wages of injured person, but not more than $10.00 nor less than $4.00 a week for period of 12 weeks for each hand injured.

e. The additional amounts provided for in this section in case of loss of hand, foot, thumb, finger, toe or phalange shall also be paid the number of weeks above specified if injury is such that the hand, foot, thumb, finger, toe or phalange is not lost, but so injured as to be permanently incapable of use.

(g) Total incapacity. Insurer shall pay injured employee a weekly compensation equal to two-thirds of his average weekly wage, not more than $16.00 nor less than $7.00 a week, and period covered not greater than 500 weeks, nor amount more than $4,000.

III. BASIS FOR COMPUTING COMPENSATION.

"Average weekly wages," the earnings of injured employee during period of twelve calendar months immediately preceding the date of injury, divided by 52; but if injured employee lost more than two weeks time during such period, the earnings for remainder of such twelve calendar months shall be divided by the number of weeks remaining after time so lost

« السابقةمتابعة »