New York. The workmen's compensation commission shall have full power and authority to determine all questions in relation to claims for compensation. The commission shall make, or cause to be made, such investigations as shall be necessary, and upon application of either party shall order a hearing, and shall make its decision and award and file the same in the office of the commission, together with its conclusions of fact and rulings of law. The decision of the commission shall be final as to all questions of fact. The commission may, before making an award, require the claimant to appear before an arbitration committee appointed by it and consisting of one representative of employees, one representative of employers, and either a member of the commission or a person specially deputized by the commission to act as chairman, before which the findings with regard to the claim shall be educed, and by which it shall be considered and reported upon. An award or decision of the commission shall be final and conclusive upon all questions within its jurisdiction, as against the State fund or between the parties, unless within 30 days after a copy of such award or decision has been sent to the parties, an appeal be taken to the appellate division of the supreme court of the third department. The commission may also, in its discretion, where the claim for compensation was not made against the State fund, on the application of either party, certify to such appellate division of the supreme court questions of law involved in its decision. Such appeals and the questions so certified shall be heard in a summary manner and shall have precedence over all other civil cases in such court. The commission shall be deemed a party to every such appeal, and the attorney general, without extra compensation, shall represent the commission thereon. An appeal may also be taken to the court of appeals in all cases where such an appeal would lie from a decision of an appellate division, in the same manner and subject to the same limitations as is now provided in civil actions. Otherwise such appeals shall be subject to the law and practice applicable to appeals in civil actions. Upon the final determination of such an appeal, the commission shall make an award or decision in accordance therewith. The commission has power to appoint deputy commissioners with the powers of a commissioner in determination of claims. If the award requires payment of compensation otherwise than from the State fund, all payments as required by the award shall be made directly to the commission or to a deputy specially authorized to receive the same and disburse it in accordance with its award to the persons entitled thereto. Ohio. The State liability board of awards shall have full power and authority to hear and determine all questions within its jurisdiction, and its decision thereon shall be final; provided that in case the final action of the board denies the right of the claimant to participate at all in such fund on the ground that the injury was self-inflicted or on the ground that the injury did not arise in the course of employment, or upon any other ground going to the basis of the claimant's right, then the claimant has the right to appeal to the common pleas court. Oregon. The workman entitled to compensation under the act shall file with the commission his application together with a certificate from the physician who attended him, and it shall be the duty of the physician to inform the injured workman of his rights under the act and to lend all necessary assistance in making the application for the compensation and such proof of other matters as required by the rules of the commission, without charge to the workman. Anyone aggrieved by the decision of the commission may appeal to the circuit court by an informal and summary procedure. Rhode Island.--All settlements and agreements must be filed in the office of the clerk of the superior court, who shall forthwith docket and present the same to the justice of the superior court, and when approved by the justice, the agreements shall be enforceable by said superior court. Such agreement shall be approved by the justice only when its terms conform with the provisions of the act. In case of dispute, either party may file in the offices of the clerk of the superior court à petition, stating the names and residences of the parties, the facts relating to employment at the time of the injury, the cause, extent, and character of the injury, the amount of wages, earnings, or salary received at the time of the injury, and such other facts as may be necessary and proper for the information of the court. Texas. All questions arising under the act not settled by agreement between the parties shall be determined by the industrial accident board. Any interested party who does not consent to abide by the final ruling and decision of such board of any disability claim may sue on such claim, or may require suit to be brought thereon, in some court of competent jurisdiction, and the board shall proceed no further toward the adjustment of such claim. Washington. Where a workman is entitled to compensation under this act he shall file with the department his application for such, together with the certificate of the physician who attended him, and it shall be the duty of the physician to inform the injured workman of his rights under this act and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the workman. West Virginia.-The commission hears and determines all questions within its jurisdiction and its decision thereon is final. But where the commission in its final action denies the right of a claimant to participate at all in the fund, on any ground going to the basis of the claimant's right, then the claimant may, within 60 days after notice of such final action, apply for appeal to the supreme court of appeals. The latter court decides whether or not an appeal shall be granted, and if granted, hears such appeal. Wisconsin. Every compromise of a claim for compensation shal' be subject to review by, and may be set aside, modified, or confirmed by, the commission, upon application made within one year from the time of compromise. In case of dispute, any party interested may file an application in writing with the industrial commission, which will fix the time for the hearing thereof, hear the testimony, make and file its findings and its award. Pending the hearing, in determination of any controversy, the commission shall have power to order the payment of such, or any part of, the compensation which is or may fall due, as to which the party from whom the same is claimed does not deny liability in good faith. The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive. The order or award shall be subject to review only by action for such review and shall be set aside only upon the following grounds: That the commission acted without or in excess of its powers; that the order or award was secured by fraud; that the findings of fact by the commission do not support the order or award. EXCLUSIVENESS OF REMEDY. Arizona.-The employee has option after injury either to claim compensation or to sue for damages under the liability law. California. When the employer is guilty of gross negligence or willful misconduct, in which case the employee may, at his option, either claim compensation under the act or sue at law for damages. Otherwise the compensation remedy under the act is exclusive. Connecticut.-Remedy exclusive. Kansas.-Remedy exclusive. Maryland.-Remedy exclusive. Massachusetts. Compensation remedy is exclusive, but amount may be doubled in case injury is due to the serious and willful misconduct of employer or of any person regularly intrusted with and exercising the powers of superintendence. Michigan. Remedy exclusive. Minnesota. Remedy exclusive. New Hampshire. Workman has right of election after injury to accept compensation under the act or sue for damages under the liability law. New Jersey-Remedy exclusive. New York. Remedy exclusive when employee has secured the payment of compensation as provided in the act. Ohio. Employee may sue employer under liability law where injury results from the willful act of the employer or any of his officers or agents or from the failure of such employer or any of his officers or agents to comply with any lawful requirement for the protection of the lives and safety of employees. 30003-S. Doc. 419, 63-2-8 Oregon. Workman or his dependents have the right of action for damages for injury caused by failure of employer to install or maintain any safety appliance devised or safeguard required by statute. Rhode Island.-Remedy exclusive. Texas.-Remedy exclusive except in case of death which is due to willful act or negligence of employer, in which case the latter is liable for damages. Washington. If injury or death results to a workman, from deliberate intention from his employer to produce such injury or death, the workman or his dependents shall have the privilege to come under the act and also have cause of action against the employer as if the act had not been enacted, if in excess of damage over the amount received or receivable under the act. West Virginia.-Exclusive remedy. Wisconsin.-Exclusive remedy. METHODS OF INSURANCE. Arizona.-Insurance not compulsory. California. Insurance not compulsory. Employers are permitted under the law to insure in a mutual or a stock company, or in the State fund, creation of which is authorized by the compensation act. Persons entitled to compensation may proceed against the employer or insurance carrier either jointly or separately. Every contract insuring against liability for compensation must contain a clause to the effect that the insurance carrier shall be directly and primarily liable to the employee or his dependents to pay the compensation; that as between the parties notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge on the part of the insurance carrier. The insurance contract or policy shall not contain any provisions relieving the insurance carrier from payment when the employer becomes insolvent or is discharged in bankruptcy. Where, after accident, it appears that the employer is insured against liability of the full amount of compensation payable, or that may become payable, the employer shall thereupon be relieved from compensation to such claimant and the insurance carrier substituted in his place in any proceeding therefor. If any insurance policy contains a limitation as to the compensation payable, such limitation is to be printed in the body of the policy in bold-face type, and in addition thereto the remark "Limited compensation policy" shall be printed on the top of the policy in bold-face type. No insurance carrier shall insure against the liability of the employer for damages recoverable at law for the gross negligence of the employer, which liability exists under the California statute in addition to the right to compensation. A State compensation insurance fund is created which, as declared by the statute, shall, "after a reasonable time during which it may establish a business, be fairly competi tive with other insurance carriers, and it is the intent of the legislature that said fund shall ultimately become neither more nor less than self-supporting." Such compensation insurance fund is to be administered by the industrial accident commission, with all the powers of a government body, of a private insurance carrier, and with the power to delegate to the manager of the State compensation insurance fund any of its powers, functions, or duties, under State rules and regulations, and subject to such conditions as it may from time to time prescribe. In conducting the compensation insurance fund, the commission have power to decline to insure any risk in which the minimum requirements of the commission with regard to construction, equipment, and operation are not observed, or which is beyond the safe carrying of the State compensation insurance fund, but shall not have power or authority to otherwise refuse to insure any compensation risk tendered with the premium therefor. The commission is given power to contract with physicians, surgeons, and hospitals for medical and surgical treatment and the care and nursing of injured persons entitled to benefits from the fund. Rates are to be based upon "reserve" and not upon assessment," and are to be such as to produce a reasonable surplus to cover the catastrophe hazard. It may issue either limited or unlimited insurance contracts. The compensation insurance fund may issue policies covering with their employees those employers who perform labor incidental to their occupations and those members of the families of such employers engaged in the same occupation. Connecticut. Every employer who does not reject the compensation act must either furnish to the commissioner satisfactory proof of his solvency and financial ability to pay directly the compensation or to insure his full liability in one or both of the following ways: By filing with the insurance commissioner security aggregating the obligations of the act or by insuring his full liability in a stock or mutual company or association or, by such combination of the above methods. as he may choose, subject to the approval of the insurance commissioner. Every insurance policy shall contain a clause that as between the parties notice and knowledge of the occurrence of the injury by the insured shall be deemed notice. and knowledge by the insurer, and that the latter shall in all things be bound by and subject to judgments of awards entered against the insured. No insurance against liability under the act shall be written unless it cover the entire liability of the employer and contain an agreement by the insurer that in case the insured shall become insolvent, or be discharged in bankruptcy, or an execution upon a judgment be returned unsatisfied, the claim for compensation may be enforced against the insurer to the same extent that the insured could have enforced his claim against such insurer had he paid compensation. |