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النشر الإلكتروني

XIII. PRE-EXISTING DISEASES OR INJURIES.

In case a subsequent injury occurs to an employee who has sustained another injury not in the same employment, the employer shall not be penalized in his premium rate for any disability in excess of the degree of incapacity which would have resulted from later injury if earlier disability or injury had not existed.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

After injury, employee shall, as frequently and at such times as may be reasonably required, submit himself to examination by a duly qualified physician designated or approved by Compensation Bureau; the employee may have a physician designated and paid by him. If employee refuses to submit to or obstructs examination, compensation shall be suspended until refusal or obstruction ceases, and compensation shall be deducted during period of such refusal or obstruction.

In case of disagreement between physician making examination on part of Bureau and employee's physician, the Bureau may appoint an impartial physician, who shall make an examination.

XV. JURISDICTION AND PROCEDURE.

A Workmen's Compensation Bureau is created and may make rules not inconsistent with the act. Process and procedure under act shall be summary and simple. Bureau may make investigation in such manner as in its own judgment is best calculated to ascertain substantial rights of parties. Bureau shall have full power and authority to hear and determine all questions within its jurisdiction, and its decisions shall be final. In case final action of Bureau denies right of claimant to participate in compensation on ground injury was self-inflicted or accident did not arise in course of employment or upon any other ground not going to basis of claimant's right, then claimant within thirty days after notice of final action of such Bureau may, by filing appeal in District Court, be entitled to trial in ordinary way. Within thirty days after filing appeal, appellant shall file

petition against Bureau as defendant and further pleadings shall be had and Court shall determine rights of claimant, and if it determines right in his favor it shall fix compensation, and any judgment so obtained shall be paid out of Compensation Funds.

OHIO.

(Enacted 1911, Amended 1913, 1914; Supplement to Page & Adams General Code, Volume I, 1913-1916, Sections 1465-41a et seq.; Amended Acts 1917, pages 7, 157, 450, 528; Acts 1919, pages 313, 1145; Acts 1921, pages 181, 291, 524, 590.)

I. SCOPE AND APPLICATION.

1. Applies to state and each county, city, township, incorporated village and school district, every person, firm and private corporation, including any public service corporation that has in service five or more workmen regularly in same business, and every person in service of state or any county, city, township, incorporated village or school district, including lawfully constituted police and fire departments, except officials of state, any county, city, township, incorporated village or school district, and every person in service of any person, firm, corporation or public service corporation employing five or more workmen, including aliens and minors, but not including any person whose employment is casual and not in usual course of trade or business of employer.

2. Employers who comply with the act shall not be liable to respond in damages at common law or by statute for injury or death of employee, whenever occurring during period covered by premiums paid into insurance fund or during interval of time in which employer is permitted to pay compensation direct to his injured employee or dependents.

3. Employer employing less than five, who shall pay into state insurance fund premiums provided by act shall not be liable to respond in damages at common law or by statute, provided employee remained in service with notice that employer had complied with law, by posting notice of such payments to insurance fund.

4. Employers under this act who fail to comply with requirements as to pay of premiums shall not be entitled, during period of noncompliance, to benefits of act, but shall be liable for damages and in such action shall not avail of common-law defenses of fellow servants, assumption of risk or contributory negligence and employee may, in lieu of proceedings in court for damages, file application for compensation with Board,

5. Employer who has paid into insurance fund is liable at option of employee or representative to institute civil proceedings for damages, when injury or death arises from willful act of employer, but application for compensation waives right of action.

6. Every employee who is disabled because of contraction of occupational disease or dependents whose death is caused by occupational diseases shall be entitled to compensation.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH WITHIN TWO YEARS:

(a) If no dependents, disbursements from state fund shall be limited to expense provided for medical, nurse and hospital service.

(b) If wholly dependent persons at time of death, payment shall be 662 per cent of average weekly wages, not to exceed $15.00 per week and to continue for remainder of period between date of death and eight years after date of injury, and not to amount to more than a maximum of $5,000.00 nor less than a minimum of $2,000.00. (c) If partly dependents at time of death payment shall be 662% per cent of average weekly wages, not to exceed $15.00 per week in any case and to continue for all or such portion of period of eight years after date of injury as Commission in each case may determine, and not to amount to more than a maximum of $5,000.00. (d) In cases in which compensation on account of injury has been continuous to time of death of injured person and the death is result of such original injury, compensation shall be paid for such death as though same had occurred within the two years hereinbefore provided, deducting from final award therefor the total amount therefor paid on account of total or partial disability on account of such injury. (e) The following persons presumed wholly dependent: (1) wife upon husband with whom she lives at time of death; (2) child or children under age of 16 years (or over age if physically or mentally incapacitated from earning) upon parent with whom he is living at time of death of such parent or for whose maintenance such parent was legally liable at time of death. In all other cases the question of dependency, in whole or in part, shall be determined in accordance with facts in each particular case existing at time of injury resulting in death, but no person shall be considered as dependent unless member of family of deceased employer bears to him relation of husband or widow, lineal descendant, ancestor or brother or sister. The word "child" shall include a posthumous child and a child legally adopted prior to injury.

(f) Payments to dependents in case of death shall be made to one or more for benefit of all, and shall be applied to several beneficiaries according to their respective claims. In case where widow and children, widow may make application to Board on behalf of herself and minor children, in case where all dependents are minors, application shall be made by guardian.

2. INJURIES NOT RESULTING IN DEATH:

(a) First aid, medical. In addition to compensation, board shall disburse and pay from state fund such amounts for medical, nurse and hospital service and medicines as it deems necessary, not to exceed $200.00, and if death ensues from injury, reasonable funeral expenses, not to exceed $150.00; and additional compensation for medical, nurse and hospital upon approval by Commission. (b) Temporary disability. Sixty-six and two-thirds per cent of average weekly wages so long as disability is total, not to exceed maximum of $12.00 per week, and not less than minimum of $5.00 per week, unless wages be less than $5.00, in which event he shall receive full wages, not to continue more than six years from date of injury or to exceed $3,750.00.

(c) Temporary partial disability. No provision.

(d) Partial disability. Employee shall receive 6623 per cent of impairment of his earning capacity during continuance thereof, not to exceed maximum of $15.00 per week, nor greater sum in aggregate than $3,750.00, and such compensation shall be in addition to compensation allowed to claimant for period of temporary total disability. (e) Disfigurement. Facial or head disfigurement which impairs opportunity to secure employment, Commission in discretion may award compensation as it deems proper and equitable, not to exceed $3,750.00.

(f) Specific injuries. In cases included in the following schedule, the disability included in each case shall be deemed to continue for period specified and compensation so paid for such injury shall be as specified herein, and shall be in addition to compensation allowed to claimant for period of temporary total disability resulting from such injury:

For loss of thumb, 6623 per cent average weekly wages during 60 weeks.

Loss of first finger, called index finger, 662% per cent average weekly wages during 35 weeks.

Loss of second finger, 662% per cent of average weekly wages during 30 weeks.

Loss of third finger, 66% per cent of average weekly wages during 20 weeks.

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