صور الصفحة
PDF
النشر الإلكتروني

In determining the amount of reserve to be laid aside to meet deferred payments according to awards, such reserve shall be ascertained by finding the present worth of such deferred payments calculated at a rate of interest not higher than four per cent per annum and such calculation shall be made according to a table of mortality not lower than the American Experience Table of Mortality.

[Sections 29, 31, 48 and 50 are amended so as to read as follows:]

SEC. 29. The commission shall keep an accurate account of the money paid in premiums by each of the several classes and subclasses of occupations or industries, and the disbursements on account of injuries and death of employees thereof; and it shall also keep an account of the money received from each individual employer and the amount disbursed from the State compensation insurance fund on account of injuries and death of the employees of such employer: Provided, That the State compensation insurance fund, including such portions of said fund as may be derived from premiums paid by the State, and its political subdivisions, shall be one fund, indivisible, for the purpose of paying the compensation and benefits provided by this act to the persons legally entitled thereto.

The commission shall set aside such proportions, as it may deera necessary, of the earned premiums paid into the State compensation insurance fund, as a contribution to the surplus of the fund: Provided, That until the surplus of the fund shall amount to the sum of five hundred thousand ($500,000) dollars, at least ten per cent of the earned premiums paid into the State compensation insurance fund shall be so set aside.

[blocks in formation]

of rates.

Manual.

It is the intention that the amounts raised for such State com- Adjustment pensation insurance fund shall ultimately become neither more nor less than to make said fund self-supporting, and the premiums or rates levied for such purpose shall be subject to readjustment from time to time by the commission, as may become necessary. SEC. 31. The commission shall from time to time issue in proper form for distribution a manual showing the rates of premiums to be paid to the State compensation insurance fund by the employers of the several classes and subclasses, based and determined as in this act provided: Provided, That the commission may, in its discretion, amend the rate or rates for any class or classes, subclass or subclasses, by serving notice of such change or changes in rate upon all policyholders affected thereby, at least thirty (30) days before the date upon which any change is to take effect: And provided, further, That no contract of insurance between the State compensation insurance fund and any employer shall be in effect until a policy or binder has been actually issued by the commission and the premium there for paid as and when required by the commission: And provided, further, That after the inspection of the premises of any employer, the commission may quote with respect to his risk a rate higher than that indicated by its manual as applicable to his risk.

As of the first day of January of each year, and semiannually thereafter, the commission shall tabulate the earned premiums paid by policyholders of the State compensation insurance fund, by classes and subclasses, and shall also tabulate the losses incurred by the State compensation insurance fund by classes and subclasses; should the experience of the entire fund show a balance to the credit of the policyholders after the before-mentioned amounts have been credited to the surplus fund, after payment of all amounts which have fallen due because of injury or death, after setting aside reserves to carry all incurred losses to maturity, then the commission shall distribute such divisible surplus to the policyholders of such classes as have a balance to their credit, in proportion to the premium paid by each such policyholder during the preceding insurance period, and in proportion

Distribution of surplus.

Second injuries.

Medical, etc., benefits.

Establishment funds.

to the divisible surplus earned by his class, or subclass, as a credit upon the premium or premiums next due from him.

SEC. 48. Where an injured employee has sustained a previous injury and disability, as a result of an accident previously sustained, compensation for any subsequent accident shall be determined solely upon the injury resulting from such subsequent accident, and he shall be paid only for the latter injury as if such previous accident, injury, and disability had not occurred.

SEC. 50. Every employer, regardless of his method of insurance, shall furnish such medical, surgical and hospital treatment, medical, hospital and surgical supplies, crutches and apparatus as may be reasonably needed at the time of the injury and thereafter during the disability, but not exceeding thirty days from the date of the accident and $100 in value to cure and relieve from the effects of the injury: Provided, That medical, surgical and hospital treatment, payment for which is provided for in any plan now in force between employer and his employees at the time of the enactment of this act or which is thereafter agreed to by the employer and employee, shall be deemed a full compliance with the requirements of this section and shall be received by the employee in full accord and satisfaction thereof: Provided, however, That every plan in force between an employer and his employees at the time of the enactment of this act, or which is thereafter agreed to between employer and employee, shall upon the request of the industrial commission, as hereinafter provided, be submitted to it in detail for its approval or disapproval. Upon the submission to the industrial commission of any plan for furnishing medical, surgical and hospital treatment, the commission shall, within fifteen days after the submission of such plan, investigate the same, and shall submit in writing its findings to the parties to the said plan, with its approval, if in its discretion the plan should be approved: Provided, however, That the commission shall approve any plan which, in reality, provides injured employees with proper medical, surgical and hospital treatment as required by this act.

If, however, the industrial commission shall not approve said plan, it shall submit in writing its findings, together with such suggestions as it may make, to said employer and employee, for the purpose of making said plan comply with the requirements of this section, and shall fix the time in which said plan shall be altered or changed in accordance with the findings of the commission. Upon the service upon the employer of the findings of the industrial commission, the employer shall, within the time specified in the findings of the commission, change said plan in accordance with the findings and recommendations of the commission. If the commission shall find from the facts that no workable plan can be agreed upon between employer and employee, it may require the employer to take out insurance covering the requirements of this section.

If the employer, upon service upon him of the findings and recommendations of the commission, does not comply with the same within the time specified therein, he shall not be entitled to the benefit of any such plan, but shall forthwith take out insurance covering the requirements of this section, and during such failure shall be liable for medical, surgical and hospital attention, as if no such plan had been made.

It shall be the duty of the industrial commission as soon as practicable after the passage of this act, to make full investigation of all plans now in force for the purpose of determining whether said plans comply with this section and actually do provide the injured employee with the proper medical, surgical and hospital attention required by this section.

When any dispute arises between any insurer or employer and any physician and surgeon in the State, in regard to the payment for medical, surgical or hospital services rendered by virtue of this section, the commission shall have the power to hear the same and fix the value of said services. The commission may, in

its discretion, establish a schedule of fees as the basis upon which the medical services under this section shall be compensated, and said schedule shall be the basis upon which medical, surgical and hospital services under this section shall be compensated.

[Section 52 is amended by substituting twenty-second ·for twenty-ninth in the first paragraph; also by substituting two weeks for three weeks in paragraphs (a) and (b). The latter substitution is also made in section 53.

The second item in the schedule in section 54 is amended so as to read: "The loss of a forearm between the wrist and elbow, 139 weeks;" 139 weeks compensation is also allowed for total deafness of the second ear, instead of 104 weeks as formerly.

A new paragraph (f) is added to this section, as follows:] (f) When an injured workman sustains two injuries coming under this schedule, the disability specified herein shall be added, and the injured workman shall receive the sum of the two.

[Section 62 is amended by adding the words, "and that any disability beginning more than five years from the date of the accident shall be conclusively presumed not to be due to such accident."

Sections 67 and 77 are amended so as to read as follows:]

SEC. 67. The State treasurer is hereby authorized to deposit or invest any portion of the State compensation insurance fund not needed for immediate use, in the same manner and subject to all provisions of law with respect to the deposit or investment of State funds by such treasurer, and the State treasurer may deposit or invest the surplus and reserves of the said fund or any portion thereof in any warrants or bonds of the State of Colorado, and all interest carned by such portion or portions of the State compensation insurance fund as may be deposited or invested shall be collected by the State treasurer and placed to the credit of such fund: Provided, however, That none of the funds belonging to the State compensation insurance fund shall be used for any other purpose whatsoever save those of said fund. Said industrial commission shall determine and notify the State treasurer in writing, the amount or percentage of said State compensation insurance fund which in the judgment of the commission may be so invested by the State treasurer.

SEC. 77. No action, proceeding or suit to set aside, vacate or amend any finding, order or award of the commission, or to enjoin the enforcement thereof, shall be brought unless the plaintiff shall have first applied to the commission for a hearing thereon as provided in this act, and unless such action, proceeding or suit shall have been commenced within sixty days after final decision by the commission: Provided, however, That no action shall be maintained in the district court to set aside a decision of the commission, unless prior to the bringing of such action within thirty days after final determination by the commission, a verified petition for rehearing as hereinafter provided shall be filed with the Industrial commission setting forth all of the alleged errors of the commission,

Deposit of funds.

Vacating or

ders.

CONNECTICUT.

ACTS OF 1917.

CHAPTER 368.--Compensation of workmen for injuries.

[This act amends various sections of chapter 138, acts of 1913. Section 6 of part B is amended by adding thereto the following:] No compromise with such third person by either employer or employee shall be binding upon or affect the rights of the other, unless assented to by him.

[Section 7 is amended by inserting after the word "community," in the next to the last sentence, the words "or similar communities."

Section 8 is amended so as to read as follows:]

Compromise with third person.

Waiting

SECTION 8. No compensation shall be payable for total or partial incapacity under the provisions of this act on account of any in- time. jury which does not incapacitate the injured employee for a period of more than seven days from earning full wages at his customary employment; but if incapacity extends beyond a period of seven days compensation shall begin at the expiration of the first seven days of total or partial incapacity. In all contracts between parties subject to part B, the injured employee shall be entitled to full wages for the entire day of the injury and said day shall not be counted as a day of incapacity.

[Section 9 is amended by increasing from $10 to $14 the maximum weekly allowance for death.

Resident de

Section 10 is amended by adding thereto the following:] The other half of the normal compensation may be paid in accordance with the rules of apportionment herein provided to such pendents. persons resident in the United States, or its dependencies, or Canada, if any there be, as would be entitled to compensation were there no such nonresident alien dependents.

[Section 11 is amended by increasing from $10 to $14 the maximum weekly allowance for total disability. The same change is made in section 12, for partial disability. The following is also added to section 12:]

In case the injury shall consist of the loss of a substantial part of a member resulting in a permanent partial loss of use of the member, or in case the injury results in a permanent partial loss of function, the commissioner may in his discretion, in lieu of other compensation, award to the injured person such a proportion of the sum herein provided for the total loss or loss of use of such member or for incapacity or both as shall represent the proportion of total loss or loss of use found to exist, and any voluntary agreement submitted in which the basis of settlement is such proportionate payment, may, if otherwise conformable to the act, be approved by the commissioner in his discretion. The word "member" shall include all portions of the human body referred to in subsections (a) to (k), both inclusive.

[Section 13 is amended by adding thereto the following:] For the purpose of determining the amount of compensation to be paid in the case of a minor under the age of eighteen years who has sustained an injury entitling him to compensation for total or partial incapacity for a period of fifty-two or more weeks, or to specific indemnity for any of the injuries enumerated in subsections (a) to (k), both inclusive, of the last preceding section, the commissioner may add fifty per centum to his average weekly

wage.

[Section 15 is amended by adding thereto the following:] The compensation commissioner shall retain jurisdiction over claims for compensation, awards and voluntary agreements, for

45615°-Bull. 243-18

-10

145

Partial loss of use.

Minors.

Jurisdiction continuing.

« السابقةمتابعة »