صور الصفحة
PDF
النشر الإلكتروني

file with the commission his application for such compensation on blanks furnished by the commission. The physician who attended him shall send to the commission a certificate made out on blanks furnished by the commission.

(b) Where death results from injury, the persons entitled to compensation under this act shall make application therefor to the commission, which application must be accompanied by proof of death and proof of relationship showing the persons to be entitled to compensation under this act, certificate of attending physician if any, and such other proof as may be required by the rules of the commission.

(c) If change of circumstances warrant[s] an increase or rearrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application therefor.

(d) No application shall be valid or claim thereunder enforce- . able in nonfatal cases unless such claim is filed within three months after the date upon which the injury occurred, nor in fatal cases unless such claim is filed within one year after the date upon which the fatal injury occurred.

(e) The power and jurisdiction of the commission shall be continuing and it may from time to time make such modification or change with respect to former findings or orders with respect thereto, as in its opinion may be justified.

Review.

Artificial

(f) Upon application of a claimant, the commission may, in its discretion, advance the cost of artificial limbs and deduct the limbs. amount so advanced from the last installments of the period for which an award shall have been made.

False state

(g) If any person shall willfully make a false statement or representation to the commission or to any of its assistants for ments. the purpose of obtaining any benefit or payment under the provisions of this act, either for himself or any other person, the person making such false statement or representation shall be guilty of a misdemeanor.

Medical examinations and

SEC. 28 (as amended by chapter 288, acts of 1917). Any workman entitled to receive compensation under this act is required, treatment. if requested by the commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the workman and as may be provided by the rules of the commission. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period.

For such period of time as any workman shall commit insanitary or injurious practices which in the judgment of the commission tend to either imperil or retard his recovery, or shall refuse to submit to such medical or surgical treatment as the commission deems reasonably essential to promote his recovery, his right to compensation shall be suspended and no payment shall be made for such period, and the commission may reduce the period during which such workman would otherwise be entitled to compensation to such an extent as they shall determine his disability shall have been increased by such refusal.

SEC. 29 (as amended by chapter 288, acts of 1917). Whenever any accident occurs to any workman it shall be the duty of the employer to at once report such accident and the injury resulting therefrom to the commission. Such report shall state:

1. The time, cause and nature of the accident and injuries, and the probable duration of the injury resulting therefrom.

2. Whether the accident arose out of or in the course of the injured person's employment.

3. Any other matters the rules and regulations of the commission may prescribe.

Accidents to be reported.

Duty of em

Any employer within the State hereafter engaging in any hazardous occupation as herein defined, and who has not filed ployers. with the commission a notice of rejection of this act, shall, within

ten days after engaging in such hazardous occupation, file a notice stating the kind of hazardous occupation in which he is engaged or about to engage, with the commission. Failure or neglect on the part of any employer to file such notice shall subject the offending employer to a penalty of $50 for each offense, to be collected by a civil action in the name of the commission and paid to the industrial accident fund. Justices of the peace and other courts having jurisdiction as justices of the peace shall have concurrent jurisdiction with the circuit court of action brought to recover said penalty.

Records to SEC. 30 (as amended by chapter 288, acts of 1917). The books, be open. records and pay rolls of any employer pertinent to the administration of this act shall always be open to inspection by the commission or its agent for the purpose of ascertaining the correctness of the pay roll, the men employed, and such other informa.tion as may be necessary in the administration of this act.

Misrepresen

tations.

Violations.

Every employer subject to this act shall keep a true and accurate record of the number of his workmen and the wages paid by him, the occupations at which and the number of days or parts of days any of his workmen are employed, and shall furnish to the commission, upon request, a sworn statement of the same. Any employer who shall willfully misrepresent to the commission the amount of his pay roll upon which the amount of his contribution to the industrial accident fund is based shall be liable to the commission in a sum equal to ten times the amount of the difference between the amount of such contribution computed according to the representation thereof by such employer and the amount for which the employer is liable hereunder according to a correct computation of his pay roll, and such liability shall be enforced in a civil action in the name of the commission and any amount so collected shall become a part of such fund. Failure or neglect on the part of the employer to report accidents or to submit said books, records and pay rolls for inspection to any member of the commission or any of its representatives presenting written authority from the commission, or a refusal on the part of an employer to keep a pay roll in accordance with this section when demanded by the commission, shall subject the offending employer to a penalty of $100 for each offense, to be collected by a civil action in the name of the commission and paid into the industrial accident fund, and the individual giving such refusal shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100 or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment in the discretion of the court. The Circuit Court of the State of Oregon and any Justice court of the State shall have concurrent jurisdiction of this offense. Employers' SEC. 31 (as amended by chapter 288, acts of 1917). The State, outside act. State departments, school districts, irrigation districts, ports and port commissions or other agencies of the State, counties and any incorporated city or town within the State, engaged in any occupation whether hazardous or nonhazardous, and any employer engaged in any occupation other than those defined in section 13 hereof, may make written application to the commission to fix a rate of contribution for such occupation, and thereupon it shall be the duty of the commission to fix such rate, which shall be based on the hazard of such occupation in relation to the hazards of the occupations for which rates are prescribed by section 19 hereof. When such rate shall be so fixed such applicant may file notice in writing with the commission giving ten days' notice of his or its election to contribute under this act, and shall forthwith display in a conspicuous manner about its works and In a sufficient number of places to reasonably inform his or its workmen of the fact, printed notices furnished by the commission stating that he or it has elected to contribute to the fund and stating when said election will become effective. Any workman in the employ of such applicant shall be entitled at any time

within five days after the posting of said notice by his employer, to give a written notice to such employer of his election not to become subject to this act. At the expiration of the time fixed by the notice of such employer the employer and such of his or its workmen as shall not have given such written notice of their election to the contrary shall be subject to all of the provisions of this act and entitled to all of the benefits thereof. Any employer, including the State, State departments, school districts, irrigation districts, ports, port commissions, or other agencies of the State, counties and cities, becoming subject to this act in the manner prescribed in this section, shall pay the rate so fixed by the commission and shall be entitled to a reduction of such rate in the manner provided by section 19 hereof, and shall retain and pay to the commission the proportion of his workmen's wages prescribed by section 19 hereof.

Decisions of

Appeals.

SEC. 32 (as amended by chapter 288, acts of 1917). The commission shall have full power and authority to hear and deter- commission. mine all questions within its jurisdiction and its decision thereon shall be final: Provided, however, In case the final action of said commission denies the right of the claimant to participate at all in the industrial accident fund, on the ground that the injury was self-inflicted or on the ground that the accident did not arise out of and in the course of employment, or upon any other ground going to the basis of the claimant's right, then the claimant may, within thirty days after notice of the final action of such commission, apply for an appeal to the Circuit Court of the State of Oregon for the county in which such claimant resides. In case a claimant shall file a petition for appeal in the circuit court against said commission as defendant, within said period of thirty days, the commission shall be notified by the clerk of said court forthwith of the filing of such petition for appeal and deliver a certified copy thereof, and the commission shall within ten days after the receipt of such petition by the commission, including the receipt of such notices, file with the clerk of said court the record of proceedings before the commission, including a transcript of the evidence. The court or any judge thereof may thereupon decide whether an appeal shall be granted or not. If granted, the commission and the claimant or the claimant's attorney shall be notified by mail. If an appeal is granted the case shall be tried by said court in the same manner as other cases before it, and if such appeal is granted prior to thirty days before the beginning of any term, it shall be on the docket for such term and shall have precedence over all other civil cases.

The circuit court on such appeal shall determine the right of the claimant and certify its decision to the commission, and if it determines the right in favor of the claimant the commission shall fix his compensation within the limits and under the provisions prescribed in this act. The costs of such proceedings, including a prevailing fee of $10, shall be taxed against the unsuc cessful party. Appeals shall lie from the judgment of the circuit court as in other civil cases.

The attorney general shall be the legal adviser of the commis- Legal adsion. Upon request of the commission, the attorney general or, viser. under his direction, the prosecuting attorney of any county shall institute or prosecute actions or proceedings for the enforcement of any provisions of this act or for the recovery of any money to the industrial accident fund, or any penalty herein provided for, when such actions or proceedings are within the county in which nch prosecuting attorney was elected, and shall defend in like manner all suits, actions and proceedings brought against the commission or the members thereof in their official capacity.

Warrants

SEC. 33. Disbursement out of the funds shall be made only upon warrants drawn by the secretary of state upon vouchers therefor for disbursement. transmitted to him by the commission and audited by him. The State treasurer shall, to such extent as shall appear to him to be advisable, keep the moneys of the unsegregated portion of the accident fund invested at interest in the class of securities author

ized for the investment by banks of savings deposits under the laws of this State. The State treasurer shall be liable on his official bond for the safe custody of the moneys and securities of the accident fund and the segregated accident fund.

Employers' SEC. 34. Nothing in this act shall be deemed to abrogate the liability law. rights of the employee under the present employers' liability law, in all cases where the employee, under this act, is given the right to bring suit against his employer for an injury.

Questions to be studied.

SENATE JOINT RESOLUTIONS-1917.

No. 19.-Committee on workmen's compensation law.

A committee of five consisting of two senators and three representatives [shall] be appointed by the president of the senate and the speaker of the house to study the question of operating the State industrial accident commission without State aid, and also of making the workmen's compensation law compulsory.

Said committee shall; after said investigation, and at the next regular session of the legislature, recommend such legislation as in its opinion may be advisable.

Filed in the office of the secretary of state February 14, 1917.

PENNSYLVANIA.

Bureau of workmen's compensation—Insurance board.

[Section 15 of act No. 339, acts of 1915, creating a bureau of workmen's compensation, is amended by act No. 57, acts of 1917, by allowing the salary of a referee's clerk to be $1,500 instead of $1,000 as formerly.

Section 21 of the same act is amended by increasing the salary of referees from $2,500 to $5,000.

Sections 8 and 11 of act No. 340, acts of 1915, creating a workmen's compensation insurance board and State fund, are amended by act No. 395, acts of 1917, effective January 1, 1918, so as to read as follows:]

Expenses of

SECTION 8. The expenses of the organization and administration of the fund shall, until the first day of July, one thousand nine administra hundred and nineteen, be paid out of the money appropriated by tion, etc. section twenty-eight of this act, and out of such money, paid in premiums by subscribers, as is made available for the expenses of the administration of the fund by section eleven of this act.

The expenses of the administration of the fund shall, after the first day of July, one thousand nine hundred and nineteen, be paid out of such money, paid in premiums by subscribers, as is made available for the expenses of the administration of the fund by section eleven of this act.

Use of pre

Distribution

SEC. 11. The money paid in premiums by subscribers is hereby made available for the expenses of administering the fund. The miums. board shall keep an accurate account of the money paid in premiums by the subscribers, and the disbursements on account of injuries to the employees thereof, and on account of administering the fund; and if, at the expiration of any year, there shall be a balance remaining, after deducting such disbursements, the unearned premiums on undertermined risks, and the percentage of of balances. premiums paid or payable to create or maintain the surplus provided in section nine of this act, and after setting aside an adequate reserve, so much of the balance as the board may determine to be safely distributable shall be distributed among the subscribers, in proportion to the premiums paid by them; and the proportionate share of such subscribers as shall remain subscribers to the fund shall be credited to the installment of premiums next due by them, and the proportionate share of such subscribers as shall have ceased to be subscribers in the fund shall be refunded to them, out of the fund, in the manner hereinafter provided.

[Section 26 of the same act is amended by increasing the salary of the manager from $4,000 to $6,000 per annum.].

ACTS OF 1917.

No. 359.-Contractors for public works—Acceptance of provisions of compensation law.

Application

SECTION 1. All contracts executed by the Commonwealth of Pennsylvania, or any officer or bureau or department thereof, on behalf of law. of the said Commonwealth, or by any municipality, or any officer or bureau or board thereof, or by any municipal division or subdivision of the Commonwealth, which contracts shall involve the construction or doing of any work involving the employment of labor, shall contain a provision that the contractor shall accept, in so far as the work covered by any such contract is concerned,

« السابقةمتابعة »