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(b) Any person authorized to obtain relief after judgment herein may apply therefor to the district court and obtain the same, and if any finding of fact be necessary on dispute the court may open the judgment and recommit the matter to the jurisdiction of the board to find the facts.
Sec. 44. An employer who is responsible for compensation as provided in this code may insure the risk in any manner then authorized by law. But those writing such insurance shall in every case be subject to the conditions contained in sections 45 and 46.
Sec. 45. If the risk of the employer is carried by any insurer doing business for profit, or by any insurance association or corporation formed of employers or workmen, or by employers and workmen, to insure the risks under this code, operating by the mutual assessment or other plan or otherwise, then
(a) In so far as policies are issued on such risks they shall provide for compensation for the injuries according to the full benefits of this code.
(b) Such policies shall contain a clause to the effect that as between the workman and the insurer the notice and knowledge of the occurrence of the injury on the part of the employer shall be deemed notice and knowledge on the part of the insurer; that jurisdiction of the employer for arbitration or other purposes shall be jurisdiction of the insurer, and that the insurer will in all things be bound by and subject to the awards rendered against such employer upon the risks so insured.
(c) Such policies must provide that the workman shall have an equitable lien upon any amount which shall become owing on account of such policy from the employer to the insured, and in case of the legal incapacity or inability of the employer to receive the said amount and pay it over to the workman or dependents, the said insurer will pay the same direct to said workman or dependents, thereby discharging all obligations under the policy to the employer and all of the obligations of the employer and insurer to the workman, but such policies shall contain no provision relieving the insurance company from payment when the employer becomes insolvent or discharged in bankruptcy or otherwise, during the period the policy is in operation, if the compensation remains owing.
(d) The insurer must be one then authorized by law to conduct such business and must have and maintain sufficient reserves to meet the requirements of the insurance laws applicable thereto then in force in this State.
Sec. 46. It shall be lawful for the employer and the workman to agree to carry the risks covered by this code in conjunction with other and greater risks and procure other and greater benefits, not exceeding the amount of the wage, such as additional compensation, accident, sickness or old age insurance or benefits, and the fact that such plan involves the contribution by the workman shall not prevent its validity if the employer pays for the whole of the risks otherwise covered by this code and the workman gets the whole of the additional benefits; but no contracting out of this code shall be valid.
Sec. 47. (a) Every person who undertakes to execute work either on his own account or as contractor requiring such dangerous employment of workmen in, on, or about premises where he as principal contracts with any independent contractor, subcontractor or other person to do a part or the whole thereof and whom he knew or had reason to believe was either insolvent or irresponsible, and does not require such person either to insure or secure the risks covered by this code, and any such person who creates or carries into operation any fraudulent scheme, artifice or device to enable him to execute such work without himself being responsible to the workman for the provisions of this code shall himself be included in the term "employer," and with the immediate employer jointly and severally liable to pay the compensation and be subject to all the provisions of this code to the extent of one full compensation.
(6) References and provisions of this code include such employer where compensation is claimed from, or proceedings taken against the principal hereunder, but the amount of compensation shall be calculated with reference to the wage of the workman under the contractor by whom he is immediately employed.
(c) The employer shall not be required to pay for injuries due entirely to the acts of third persons not engaged in, or connected or associated with the business or occupation of the employment of the employer in the job in and out of which the injuries arise.
Sec. 48. (a) Wherever the term “board," "arbitrators” (when not referring to the individuals) or “board of arbitrators” are used they shall each be deemed to mean “board of arbitration."
(b) "Child or children” shall include posthumous children and all other children entitled by law to inherit as children of the deceased injured.
(c) The term "employer" as used herein shall include every person employing such a workman as comes within this code; and shall mean any person or corporation,
copartnership, or association or group thereof, and their successors or legal representatives, and shall include State, county, village, town, city, school district and other public
employers. (d) The husband or wife while remaining single, and the minor children until they reach their majority shall be deemed dependent; all others shall be presumed not dependent until actual dependency be shown, and then deemed dependent only to the extent shown.
(e) The term “physician” shall include "surgeon.”
(f) The term “workmen” shall include the singular and plural and all ages and both sexes.
(g) The term "workmen” shall mean all employed persons engaged in industrial employments who are ordinarily known as laborers and workmen and all other employees commonly known as servants under the law of master and servant now in force in tort actions, when subjected in their work to the dangers of such employment; but shall not include independent contractors or subcontractors or their employees, except such employees as are covered by reason of the conditions provided in section 47 of this code.
Sec. 49. Without otherwise affecting either the meaning or interpretation of the abridged clause, “personal injuries arising out of and in the course of employment" it is hereby declared:
(a) Not to cover workmen except while engaged in, on, or about the premises where their services are being performed, or where their service requires their presence as a part of such service at the time of the injury and during the hours of service as such workmen, and subjects them to dangers peculiar to that employment.
(b) It shall not include employees of other persons whose agents they are for transacting such employment, except when the person who engages the principal of such agent subjects the agent to peculiar dangers in the performance of such duties.
(c) It shall cover, all injuries to the workman that are due to, or incidental to, either the dangers or risks of his employment.
(d) It shall not cover injuries occasioned by drunkenness of the workman himself, unless the employer or superior servant or agent thereof allows him to continue the work-knowing that he is drunk, but shall cover such cases, and cases where the injuries are occasioned, in whole or in part, by increase of the hazards resulting from the drunkenness of a fellow servant, a superior servant or agent, or the employer himself, in connection with such work.
(e) It shall include only such disease and infection as result from the injury when reasonably treated, or as results from the failure of the employer reasonably to treat in accordance with this code, and that which is caused by the bad treatment of the employer's physician thereon; but shall not include disease or infection otherwise received after the workman has a reasonable opportunity to treat the wound.
(f) Industrial employment is used in the broad sense herein and shall mean and include each and every occupation, calling, business and pursuit, which is operated within this State for the purpose of gain or profit, or which is operated in the furtherance of gain and profit of others, whether operated by a private or public employer.
Sec. 50. This code shall not apply to injuries incurred before January 1st, 1912.
Sec. 51. This code shall take effect as to appointment of arbitrators, clerk, preparation for offices, records, rules, etc., upon its passage to allow it to be in general operation on January 1st, 1912.
OHIO COMMISSION BILL.
[As amended and passed by the legislature, May 17, 1911.) Section 1. There is hereby created a State Liability Board of Awards, to be composed of three members, not more than two of whom shall belong to the same political party, to be appointed by the governor, within thirty days after the passage of this act, one of which members shall be appointed for the term of two years, one member for four years and one member for six years, and thereafter as their terms expire the governor shall appoint one member for the term of six years. Vacancies shall be filled by appointment by the governor for the unexpired term, and all appointments shall be upon and with the advice and consent of the senate.
Sec. 2. Each member of the board shall devote his entire time to the duties of his office and shall not hold any position of trust or profit or engage in any occupation or business interfering or inconsistent with his duty as such member, or serve on or under any committee of any political party.
SEC. 3. Each member of the board shall receive an annual salary of five thousand dollars, payable in the same manner as salaries of State officers are paid.
Sec. 4. The board shall be in continuous session and open for the transaction of business during all the business hours of each and every day, excepting Sundays and legal holidays. All sessions shall be open to the public, and shall stand and be adjourned without further notice thereof on its records. All proceedings of the board shall be shown on its record of proceedings, which shall be a public record, and shall contain a record of each case considered, and the award made with respect thereto, and all voting shall be had by the calling of each member's name by the secretary and each vote shall be recorded as cast.
Sec. 5. A majority of the board shall constitute a quorum for the transaction of business, and a vacancy shall not impair the right of the remaining members to exercise all the powers of the full board so long as a majority remains. Any investigations, inquiry or hearing which the board is authorized to hold, or undertake, may be held or undertaken by or before any one member of the board. All investigations, inquiries, hearings and decisions of the board, and every order made by a member thereof, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, shall be deemed to be the order of the board.
Sec. 6. The board shall keep and maintain its office in the city of Columbus, and shall provide a suitable room or rooms, necessary office furniture, supplies, booke, periodicals and maps. All necessary expenses shall be audited and paid out of the State insurance fund. The board may hold sessions at any place within the State.
Sec. 7. The board may employ a secretary, actuary, accountants, inspectors, examiners, experts, clerks, stenographers and other assistants, and fix their compensation. Such employments and compensation shall be first approved by the governor, and shall be paid out of the State insurance fund. The members of the board, actuaries, accountants, inspectors, examiners, experts, clerks, stenographers and other assistants that may be employed shall be entitled to receive from the State insurance fund their actual and necessary expenses while traveling in the business of the board. Such expenses shall be itemized and sworn to by the person who incurred the expense, and allowed by the board.
Sec. 8. The board shall adopt reasonable and proper rules to govern its procedure, regulate and provide for the kind and character of notices, and the services thereof, in cases of accident and injury to employes, the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the right to benefits of compensation from the State insurance fund, hereinafter provided for, the forms of application of those claiming to be entitled to benefits or compensation therefrom, the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made.
Sec. 9. Every employer of labor shall furnish the board, upon request, all information required by it to carry out the purposes of this act. The board or any member thereof, or any person employed by the board for that purpose, shall have the right to examine under oath any employer or officer, agent or employee thereof.
Sec. 10. Every employer of labor receiving from the board any blank with directions to fill the same, shall cause the same to be properly filled out as to answer fully and correctly all questions therein propounded, and if unable to do so shall give good and sufficient reasons for such failure. Answers to such questions shall be verified under oath and returned to the board within the period fixed by the board for such return.
Sec. 11. Each member of the board, the secretary and every inspector or examiner appointed by the board shall, for the purposes contemplated by this act, have power to administer oaths, certify to officiafacts, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents and testimony.
Sec. 12. In case of disobedience of any person to comply with the order of the board, or subpoena issued by it as one of its inspectors, or examiners, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, or refuse to permit an inspection as aforesaid, the probate judge of the county in which the person resides, on application of any member of the board, or any inspector or examiner appointed by it, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpæna issued from such court on a refusal to testify therein.
Sec. 13. Each officer who serves such subpæna shall receive the same fees as a sheriff, and each witness who appears, in obedience to a subpæna, before the board or an inspector or examiner, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of common pleas, which shall be audited and paid by from such State insurance fund in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers approved by the chairman and secretary of the board. No witness subpænaed at the instance of a party other than the board or an inspector shall be entitled to compensation from the State insurance fund unless the board shall certify that his testimony was material to the matter investigated.
Sec. 14. In an investigation, the board may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by the law for like depositions in civil actions in the court of common pleas.
SEC. 15. A transcribed copy of the evidence and proceedings, or any specific part thereof, or any investigation, by a stenographer appointed by the board, being certified by such stenographer to be a true and correct transcript of the testimony on the investigation, or of a particular witness, or of a specific part thereof, carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and subscribed, may be received in evidence by the board with the same effect as if such stenographer were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand to any party upon the payment of the fee therefor, as provided for transcript in courts of common pleas.
Sec. 16. The board shall prepare and furnish blank forms, and provide in its rules for their distribution so that the same may be readily available, of application for benefits or compensation from the State insurance fund, notices to employers, proofs of injury or death, of medical attendance, of employment and wage earnings, and such other blanks as may be deemed proper and advisable, and it shall be the duty of insured employers to constantly keep on hand a sufficient supply of such blanks.
Sec. 17. The State Liability Board of Awards shall classify employments with respect to their degree of hazard, and determine the risks of the different classes and fix the rates of premium of the risks of the same, based upon the total pay roll and number of employees in each of said classes of employment, sufficiently large to provide an adequate fund for the compensation and expenses provided for in this act, and to create a surplus sufficiently large to guarantee a State insurance fund from year to year.
Sec. 18. The State Liability Board of Awards shall establish a State insurance fund from premiums paid thereto by employers of labor and employees as herein provided, according to the rates of risk in the classes established by it, as herein provided, for the benefit of employees of employers that have paid the premium applicable to the classes to which they belong and for the benefit of the dependents of such employees, and shall adopt rules and regulations with respect to the collection. maintenance and disbursement of said fund.
Sec. 19. The treasurer of State shall be the custodian of the State insurance fund, and all disbursement therefrom shall
be paid by him, but upon vouchers signed by any two members of the State Liability Board of Awards.
Sec. 20. The treasurer of State shall give a separate and additional bond, in such amount as may be fixed by the governor, and with sureties to his approval, conditioned for the faithful performance of his duties as custodian of the State insurance fund. herein provided for.
Sec. 20-1. Any employer of labor who shall pay into the State insurance fund the premiums provided by this act, shall not be liable to respond in damages at common law or by statute, save as hereinafter provided, for injuries or death of any such employee during the period covered by such premiums, provided the injured employee has remained in his service with notice that his employer has paid into the State insurance fund the premiums provided by this act; the continuation in the service of such employer with such notice, shall be deemed a waiver by the employee of his right of action as aforesaid.
Each employer paying the premiums provided by this act into the State insurance fund shall post in conspicuous places about his place or places of business typewritten or printed notices stating the
fact that he has made such payment; and the same, when so posted, shall constitute sufficient notice to his employees of the fact that he has made such payment; and of any subsequent payments he may make after such notices have been pusted.
SEC. 20-2. For the purpose of creating such State insurance fund, each employer and his employees shall pay, on or before January 1, 1912, and semiannually thereafter, the premiums of liability risk in the classes of employment as may be determined and published by the State Liability Board of Awards. The said employers for themselves and their employees shall make such payments to the State treasurer of Ohio, who shall receive and place the same to the credit of such State insurance fund. The premiums provided for in this act shall be paid by the employer and employees in the following proportions, to wit: Ninety per cent of the premium shall be paid by the employer