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templated by this act, have power to administer oaths, certify to official acts, 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 subpoena issued from such court on a refusal to testify therein.
SEC. 13. Each officer who serves such subpoena shall receive the same fees as a sheriff, and each witness who appears, in obedience to a subpoena, 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 the state 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 subpoenaed at the instance of a party other than the board or an inspector shall be entitled to compensation from the state 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.
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 payroll and number of employes in each of said classes of employment, sufficiently large to provide an adequate fund for the compensation 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, according to the rates of risk in the classes established by it, as herein provideil. for the benefit of employes of employers that have paid the premium applicable to the classes to which they belong and for the benefit of the dependents of such employes.
SECTION 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 the president and secretary of the State Liability Board of Awards.
SECTION 20. The treasurer of state shall give a separate and additional bond, in such amount as may be fixed by the governor, and with suretięs to his approval, conditioned for the faithful performance of his duties as custodian of the state insurance fund herein provided for.
SECTION 21. The State Liability Board of Awards shall disburse the state insurance fund to such employes of employers as have paid into said fund the premiums applicable to the classes to which they belong, that have been injured in the course of their employment and which have not been purposely self inflicted, or to their dependents in case death has ensued, when such injured employe or his dependents elect to take the benefits or compensation payable from such fund. Such election and the receipts of benefits or compensation from the fund shall operate to bar such injured employe or his legal representatives, from all right of recovery against or from the employer of such injured employe.
SECTION 22. Where an employer has paid a judgment recovered against him for injuries, or on account of the death of an employe, he shall, if he has paid into the state insurance fund, the premium provided for in this act to insure him against liability for such injuries or death, be reimbursed therefrom to the extent of, but in no case to exceed, the amount provided for in this act, to be paid in case of injury or death, not, however, in any case, to exceed the amount of such judgment and court costs so paid by such emplover, such aeimbursement to be made upon proof of payment of such judgment, satisfactory to the board and allowed by it, and payable in the same manner as benefits or compensation to injured employes or their dependents.
SECTION 23. The board shall disburse and pay from the fund, for such injury, to such employes, such amounts for medical, nurse and hospital services and medicines, as it may deem proper, not, however, in any case, to exceed the sum of two hundred dollars.
SECTION 24. In case death ensues from the injury within the period of one year, reasonable funeral expenses, not to exceed one hundred and fifty dollars, shall be paid from the fund.
SECTION 25. No benefit shall be allowed for the first week after the injury is received, except the disbursement provided for in the next two preceding sections.
SECTION 26. In case of temporary, partial, or permanent partial disability, the employe shall receive sixty-six and two-thirds per cent of the impairment of his earning capacity during the continuance thereof, not to exceed a maximuni of twelve dollars per week, and not less than a minimum of five dollars per week, or if employes' wages were less than five dollars per week, then he shall receive his full wages; but not to continue for more than six years from the date of the injury, not to exceed three thousand, four hundred dollars in amount from that injury. SECTION 27.
In case of temporary, total or permanent total disability, the benefit shall be sixty-six and two-thirds per cent of the average weekly wage during such disability, but in no case shall the payments continue longer than six years from the date of the injury, or to amount to more than a maximum of three thousand, four hundred dollars or to less than a minimum of one thousand, five hundred dollars for that injury. Nor shall the benefit for total disability and death exceed three thousand four hundred dollars.
SECTION 28. In case the injury causes death within the period cf one year, the benefits shall be in the amounts and to the persons following:
1. If there be no dependents, the disbursements from the insurance fund shall be limited to the expense provided for in sections 23 and 24.
2. If there are wholly dependent persons residing in the United States at the time of the death, the payment shall be sixty-six and twothirds per cent of the average weekly wage and to continue for the remainder of the period between the date of the injury and six years thereafter, and not to amount to more than a maximum of thirty-four hundred dollars, nor less than a minimum of one thousand five hundred dollars.
3. If there are partly dependent persons, residing in the United States, at the time of the death, the payment shall be sixty-six and twothirds per cent of the average weekly wage and to continue for all or such portion of the period of six years after the date of the injury, as the board in each case may determine, and not to amount to more than a maximum of thirty-four hundred dollars.
SEC. 29. The benefits, in case of death, shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents, as may be determined by the board, which may apportion the benefits among the dependents in such manner as it may deem just and equitable. Payment to a dependent subsequent in right' may be made, if the board deem proper, and shall operate to discharge all other claims therefor.
Sec. 30. The dependent or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support, in compliance with the finding and direction of the board.
Sec. 31. The average weekly wage of the injured person at the time of the injury shall be taken as the basis upon which to compute the benefits.
SECTION 32. If it is established that disability or death was due in whole to sickness, disease, physical ailments, age or infirmity, previous to injury, the benefits may be correspondingly reduced, and if it appear that the injured employe was a minor of such age and experience when injured as that under natural conditions his wages would be expected to increase, the fact may be considered in arriving at his average weekly wage.
SECTION 33. The power and jurisdiction of the board over each case 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.
SECTION 34. The board, under special circumstances, and when the same is deemed advisable, may commute periodical benefits to one or more lump sum payments.
SECTION 35. Benefits shall not be assignable, and shall be exempt from all claims or creditors and from any statement or execution.
SECTION 36. The board shall have full power and authority to hear and determine all questions within its jurisdiction, and its jurisdiction thereon shall be final.
SECTION 37. The board may make necessary expenditures to obtain statistical and other information to establish the classes provided for in Section 17. The salaries and compensation of the secretary, and all actuaries, accountants, inspectors, examiners, experts, clerks and other assistants, and all other expenses of the board herein authorized shall be paid out of the state treasury upon vouchers, signed by the president and secretary of the board, presented to the auditor of state who shall issue his warrant therefor as in other cases.