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created by this Code, including the salaries and expenses of the State Board of Compensation Awards, and of its members, stenographer, clerks and employes, and of the actuary provided for in this Code, and his employes and expenses, and to raise all moneys necessary to carry out the provisions of this Code, excepting the moneys necessary to pay the awards including costs where awards are made in Court and costs are taxed in connection therewith against the said Board, there shall be levied annually a tax on the grand list of taxable property of the State of Ohio, which shall be collected in the same manner as other State taxes, and the proceeds of which shall constitute “the expense fund of the State Board of Compensation Awards of Ohio". The rate of such levy shall be upon each dollar of valuation of such taxable property, and the said fund shall be kept separate by the State Treasurer and shall be disburse! by him only for the purpose for which it was created as above mentioned, and upon warrants signed by the chairman of the State Board of Awards and countersigned by its secretary; and a detailed statement of all expenditures from this fund shall be kept by the secretary, which shall be open at all times for public inspection.
SECTION 24. Annually on or before the first day of January, 1913, the State Board of Compensation Awards under the oath of its chairman and secretary shall make a report to the General Assembly, which shall include a statement of the number of awards made by it and a general statement of the causes of the accidents leading to the injuries for which awards were made, a detailed statement of the disbursements from the expense fund, and the condition of its respective funds, together with any other matters which the said State Board deems it proper to call to the attention of the General Assembly, including any recommendations it may have to make to the General Assembly in the premises.
SECTION 25. Time of Hearing. The time for a hearing upon the merits of a claim for compensation shall not be less than ten days, and upon other matters not less than five days, after notice given, unless as to such other matters the Board shall shorten the time by order.
SECTION 20. Pleadings. No formal or written pleadings shall be required in the hearing of any controversy arising under this Code.
SECTION 27. Rules of Evidence. The State Board of Compensation Awards shall not be bound by the usual common law or statutory rules of evidence or by any technical or formal rules of procedure, other than as herein provided; but may make the investigation in such manner as in their judgment, is best calculated to ascertain the substantial rights of the parties and to carry out justly the spirit of this Code.
SECTION 28 Peaver of Inspection, Subpoena and Oath. The State Board of Compensation Awards shall have the power:
Par. (a). To inspect or cause to be inspected the premises where the injury occurred;
Par. (b). To require any books or papers, tools or other movable chattels, as pertain to any injury to the employe of the owner of said tools, books, papers or other movable chattels;
Par. (c). To require any employe claiming compensation to be physically examined by a physician appointed by said Board;
Par. (1). To issue subpcenas to compel the attendance of witnesses, and the production of tools, books, papers, records or chattels described in par. (b).
Par. (e). To administer oaths.
The findings and awards made hereunder shall be conclusive unless reopened or set aside by the State Board of Compensation Awards.
SECTION 30., Par. (a). The office of State Liability Actuary is hereby created and within thirty (30) days after the passage of this Code, a State Actuary, of well known ability and reputation in determining Liability In-urance risks of employments in the conduct of the industries and commerce of the State, shall be appointed by the Governor.
Par. (b). His duties shall be to classify the employments coming within the province of this Code with respect to their degree of hazard and to determine the risks of different classes of employments, and fix the rates of premiums of the risks of the same, based upon the total payroll and number of employes in each of said classes of employments. sufficiently large to pay each employers proportion of the compensations pravided by this Code, and to create a surplus sufficiently large to guarantee the solvency of said State Insurance Fund from year to year.
Par. (c). The State Actuary shall cause to be published from year to year, on the first day of October, 190 (and annually each first day of October thereafter), the table of risks applicable to employments covered by this Code for the year beginning January 1, 1912, and annually on the first day of January thereafter. Par
. (d). The application of this Code as between employers and employes shall date from and include the first day of January, 1912. The payment for the year 1912 and each succeeding year shall be made prior to the day last mentioned and shall be preliminarily collected upon the payroll of the last preceding six months of operation. At the end
adjustment of accounts shall be maile upon the basis of the actual payroll
. Any shortage shall be made good on or before February first following any adjustment, and any overpayment shall be credited on the premium due and payable for the succeeding year. Any emplover who shall enter into business at any intermediate day shall
of each year an
make his payment for the initial year or portion thereof before commencing operation; the amount shall be calculated upon his estimated payroll, an adjustment shall be made on or before February first of the following year in the manner above provided. It shall be descretionary with the State Board of Compensation Awards to permit an annual payient to be made in semi-annual installments.
Par. (e). It is further provided that the State Actuary appointed by the governor, as herein provided shall be removable by the governor but shall not be removed from his office except for cause and in case of the removal for good cause shown, death or resignation of the State Actuary, the vacancy thus created shall be filled by appointment by the governor.
Par. (f). Each employer as defined in Sections 2 and 3 of this code, is authorized to deduct from the total payroll of his employes one-fourth () of the premium required by this code to be paid by him for any premium period and to apportion the same amongst his several employes in proportion to the payroll of each employe. Each employer aforesaid shall give a receipt to each employe showing the amount which has been deducted from the wages of said employe and paid by liim into the State Insurance Fund.
Par. (g). Penalty for Misrepresentation as to Payroll. Any employer who shall misrepresent to the department the amount of payroll upon which the premium under this code is based shall be liable to the State Insurance Fund in ten times the amount of the difference in premium paid and the amount the employer should have paid. Any employer who shall misrepresent to the department the amount of contribution due from him to, or collected by him for, the State Insurance Fund shall be liable to the state in ten times the amount attempted to be concealed or withheld by such misrepresentation. The liability to the State Insurance Fund under this Section shall be enforced in a civil action in the name of the State Insurance Fund. All sums collected under this section shall be paid into the State Insurance Fund in proportion to the interest of each or either therein.
Par. (h). The State Actuary's salary shall not exceed $ per annum and traveling expenses not to exceed $
and he shall appoint, subject to the approval of the governor, necessary assistants, and the salary of each assistant shall not exceed $ per annum and traveling expenses, not to exceed $
STATE INSURANCE FUND.
SECTION 31. Par. (a). The treasurer of the state of Ohio shall be the custodian of the State Insurance Fund created by this code; said treasurer shall, at the time this code takes effect, or at the time he assumes the duties of his office after being elected, give a separate bond with sufficient sureties approved by the governor to guarantee the integrity of said Insurance Fund.
Par. (b). The State Treasurer shall invest quarterly, each year, any surplus monies of the State Board of Compensation Awards in County, City and School Bonds of the State of Ohio, the legality of the issue of which has been approved by the Attorney General, and the accumulated interest on said investment shall be credited by the State Treasurer to the State Insurance Fund created by this code. SECTION 32. Words and Phrases.
The term “Emplayer" as used herein, shall include every person employing another to periorm a service such as comes within this code, and shall mean any person or corporation or co-partnership, or association or group of persons, association or corporations, and their successors or legal representatives aiter death, and shall include State, County, City, Incorporate i Town or Village, School District and other public employers.
l'ar. (b). The term “Employees" shall include all persons employed to work in employments defined in this code.
Par. (c). The term "Dependent" shall mean a person receiving and using for necessary support a part of the employes' wage or of the proceeds obtained by the employe with such wage.
SECTION 33. Intertening Period. Until this code shall take effect no right of any employe or dependent to recover against the employer or any other person for injuries shall be in any way affected hereby; and this code shall not apply to injuries incurred before that date.
SECTION 34. An emergency for the preservation of the public peace, health and safety is hereby declared to exist, and this Code shall take effect on the first day of January, 1912.
JAMES I LARRINGTON BOYD, Chairman.
.The chairman of the commission in signing the report of the commission approves all of the provisions and principles contained in the Employe's Compensation Code, recommended by the commission, excepting the provisions creating the State Board of Compensation Awards, on the grounds that a single State Board of Awards selected and perpetuated by appointment by a single man is bureaucratic, while the bencficiaries insured will number upwards of 2,000,000 citizens of Ohio. Such a board would be subject to political imanipulation and out of touch with local interests. It would create unnecessarily a large number of new offices, whereas it will take away from the common pleas courts much of the work done by them, whose judges are equipped by training and provided withi salaries for doing similar work, and are elected by the citizens of their respective districts.
JAMES HARRINGTON BOYD.
On account of the concessions made by the majority members of this commission, namely, tliai the employes should be compensated for so long as total disability lasts, and the maximum amount of compensation in permanent partial disability and death should be four hundred (S400) dollars more than agreed at the Chicago conference, and the waiting period be only one-half of that decided by the Chicago conference and the minimum and maximum weekly allowance be raised from $4 to $5 and from $10 to $12, also, that the employe be given the right of appeal in event he is denied any compensation by the State Board of Compensation Awards, I have signed my name to this Code, without any exceptions.
W. J. ROHR.
The Employer's Liability Commission of Ohio will make a Supplementary Report in the first part of March, 1911, to the 79th General Assembly on the Non-fatal accidents of Cuyahoga County, Ohio, for the period 1905-1010, the results of the investigations of the experts, E. E. Watson, investigator in chief, Wm. P. Harms and Wm. Peacock.
JAMES HARRINGTON BOYD, Chairman,