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same requires a further finding upon any question of fact, it shall refer that question or the whole matter back to a board as it would in any case coming through the regular channels; provided that this code shall not be construed as covering cases where jurisdiction can not be properly acquired within this State, upon diligent efforts.
Sec. 24. (a) There is hereby created a board of arbitration for each county in this State, consisting of three competent members, who shall be appointed by the district court for such counties and hold their offices subject to the will and discretion of the district court by which they are appointed.
(b) The court may from time to time appoint additional boards to act for such length of time as it deems necessary for the expeditious dispatch of the business of the district.
(c) In judicial districts containing more than one county, and not having sufficient business to occupy one board's complete time in the county of original appointment, the court shall appoint a board to act in one county and then enter an order in such other county or counties as the said board can fairly cover authorizing and directing such board to act in such other county or counties hearing the matters arising therein as the board for that county. The members need not necessarily reside in the same county.
(d) "The court may fill all vacancies whether temporary or permanent occurring at any time in the board.
(e) During a single vacancy the remaining two members shall exercise all the power and authority of the board until such vacancy is filled.
SEC. 25. (a) No person shall sit as an arbitrator in either a case where he is related to either party by marriage or blood within the third degree, or who has any personal interest in the matter in dispute; provided that objection to any arbitrator, if the facts be then known, must be made in writing and filed with the board before hearing; and if the matter be not otherwise disposed of, it shall be heard and determined by the district court on motion, and its determination thereof shall be final.
(b) The board shall organize by choosing one of its members as chairman.
(C) A majority of the board shall be a quorum for the hearing and decision of any matter, and the decision of any two thereof shall be the decision of the board. In case the board shall be equally divided as to any matter, the same shall be tried de novo, before a full board of three members.
(d) No person shall be appointed to, or be eligible for, the position of arbitrator, clerk, assistant, expert or any other office or position hereunder, who is either a relative of any member of the court appointing him or of any of the arbitrators acting within the county, or who has been active in the election or appointment of any member of the court appointing him or active in the appointment of any member of the board or superior employer hereunder, or who has solicited his own appointment either directly or indirectly.
(e) The district court shall have the same power to punish for contempt of the board that it has for a similar contempt of its own powers.
Sec. 26. (a) The district court may appoint a clerk of the board or require the clerk of said court to act and the board may employ experts and such other clerical help as it may deem necessary, but all subject to the power of said court to disapprove same.
(b) All persons required to handle monies and other funds under this code shall give such bonds as the district court shall order as being approximately twice the amount of money likely to be in their hands at any time, and the expense of such bonds shall be paid from the county funds; the court may from time to time increase or lower those bonds to comply with the intention of this code.
(c) The court may also provide for depositories of such funds and sufficient bonds therefor.
Sec. 27. (a) All salaries, fees and expenses authorized by this code, except those of the members of the board, including the fees of witnesses within thirty miles, shall be audited and paid out of the general funds, the same as district court expenses; provided that the board shall have power to limit the expense of witnesses to a reasonable amount.
(b) The compensation of the board shall be fixed by the district court, but shall in no case exceed per member five dollars per half day or ten dollars per day for actual and necessary time and the actual cash outlay for necessary expenses of extra travel, and shall be paid in the same manner and from the same funds as other county employes.
(c) The compensation of clerks and other assistants shall be fixed by the board, subject to the approval of the district court.
Sec. 28. (a) the board of arbitration shall have jurisdiction throughout their respective counties to arbitrate all controversies arising within the county and permitted by or growing out of this code, and to make awards consistent herewith.
(b) The board shall also have jurisdiction to arbitrate any such controversies arising within the State outside of their counties, if all parties interested therein shall consent thereto in writing.
(c) Any matter forarbitration commenced in one county may be transferred to another county to be heard by the arbitrators of the county in which the injury occurred or by the board in the county to which it is transferred, if all parties consent thereto in writing.
Sec. 29. (a) The district courts shall make rules of practice and procedure to apply to, but not inconsistent with, this code, and so far as possible uniform throughout the State.
(b) The board may fix the amount of compensation which any attorney of a workman or dependent shall be entitled to receive for services out of the sum awarded as compensation.
(c) There is hereby granted to the board of arbitration and to all the persons vested with rights, powers, or obligations, such further powers and means of their exercise as may be necessary and proper to carry out the purposes of this code, not inconsistent with the fundamental laws.
Sec. 30. (a) Any person in interest desiring a determination by said board of any necessary matter may bring it before the board by a written and signed request, filed with the clerk of the board.
(b) The board of its own motion by notice made and served as provided in sections 31 and 32 hereof may bring any of the parties before it for the purpose of determining whether any matter growing out of any such personal injuries is proceeding according to the spirit of this code.
(c) The request shall be in such form as may be prescribed by the board, with the approval of the district court, and shall furnish so far as possible the data for service of notice.
Sec. 31. Upon the filing of such petition, on request, the clerk shall issue under the name of the board a notice to all of the interested parties so far as known to him, and cause the same to be served in the method prescribed in this code for the service of notice of injuries to the employer; except that service under this provision must be made within the State or in accordance with the method prescribed in subdivision (f) of section 23 hereof; provided that while the board has jurisdiction of any proceeding the notices may be filed and served by registered mail sent to the last address known to the board and a reasonable time to respond allowed.
Sec. 32. The notice shall cover the following things:
(a) The request made, giving the name or names of the person or persons making the same.
(b) The general nature of the matter to be investigated sufficiently describing the same to enable the parties to prepare for hearing.
(c) A summons to appear at a time and place for the hearing and a notice that otherwise he will be awarded in default.
(d) A notice that such other and further relief may be claimed and awarded as will do justice in the premises.
(e) Service may be proven by admission in writing or by certificate of the clerk of the board or in any other manner that proof of service of a summons may be made.
Sec. 33. 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 to show cause.
Sec. 34. No formal or written pleadings shall be required in the hearing of any controversy arising under this code.
Sec. 35. The board 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; provided that all parties must have reasonable notice of hearing and fair opportunity to be heard on all investigations, inspections and hearings.
Sec. 36. The board shall have the power(a) To inspect or cause to be inspected the premises where the injury occurred.
(b) To require any books or papers, tools or other movable chattels to be produced or inspected.
(c) To require any workman claiming compensation to be physically examined by a physician appointed by the board or to require an autopsy to be held on the body of any workman for whose injuries compensation may be claimed.
(d) To issue subpænas to compel the attendance of witnesses or parties, and the production of books, papers, records or chattels.
(e) To administer oaths.
(f) To require process to run in the name of the chairman.
(g) The board shall have power to hear and decide and render awards, either on default or hearing; but defaults shall be liberally reopened upon reasonable showing.
Sec. 37. (a) The board may either retain or reacquire jurisdiction and continue from time to time the proceedings upon any claim or matter and may hold such interim hearings and make such interim awards and such modifications of prior awards, or grant and hold such rehearings as may be necessary until the claim can be justly and finally awarded for the full balance of the period; but unless otherwise provided by order of the board or by this code it shall retain jurisdiction until all payments provided and other matters arising on claims end.
(b) In case of failure to serve notice or to reach all the parties, or in case it appear that a default should be removed, or any other matter done including the modification or amendment of an award otherwise final, in the interest of fairness, the board may take such action thereon as will promote justice and tend to carry out the spirit of this code.
Sec. 38. The clerk shall keep a record of the proceedings of the board, showing separately each case by the board considered, including the nature of the injury, the names of the parties and their agents or attorneys if any appearing therein, the names of the witnesses who testified before the board, with such exhibits as can reasonably be kept, or copies or photographs thereof, furnished by the parties, and the award, and such other records as may from time to time be directed by the board.
SEC. 39. The board shall make its awards in writing in such terms as it shall decide to be consistent with the facts and the spirit and powers of this code and as nearly as may be in the following form:
1. Title of the claim.
2. We find in the above case that (workman's name) on (date) received injuries arising in and growing out of the course of the employment of employer's name) at (place) while working at the job of (kind of work) and the fair wage was the sum of $...... per ...... payable
3. That the injuries appear now to be and are as follows:
4. That those injuries have caused (death or degree of disability as case may be).
5. That for (total or partial) disability, it is hereby found and awarded that the said employer shall pay compensation in the amount of $..... per (week or month), payable to for the use and benefit of the following persons (names) in the respective proportions for the times set opposite their names or until modified or changed by this board upon hearing.
6. (Amount of compensation, if any, allowed to attorney).
7. (Any further or different material and necessary matters that conform to the facts and this code).
8. The times and places of payments.
Sec. 40. The findings and awards made hereunder shall be final and conclusive as to the nature of the injuries and the amount of compensation, unless and until reopened, modified or set aside by either the board or the court.
Sec. 41. Either party to any controversy before the board, when an interim or final award is rendered and the payment thereof has been refused, may present a certified copy thereof to the district court of the county and upon five days' notice in writing to the other party apply for judgment thereon.
Sec. 42. The district court shall thereupon render a judgment in accordance therewith, unless such award is vacated as herein provided. Such judgment shall have the same effect as though duly rendered in an action tried and determined by said court, and shall with like effect be entered and docketed, except that no execution shall be issued thereon for more than is then due and the judgment shall not be a lien on realty except for due payment. The employer may file an affidavit with the clerk of the district court stating the payment of all amounts due under the judgment, and attaching the original receipt or paid check, order or draft for the latest due payment; if it appears from said receipt and the said affidavit that all such payments have been made, they shall be deemed discharged, unless and until such record be set aside by the court which may be done upon application and cause shown.
Sec. 43. (a) Any party aggrieved by any award may, within twenty days after the filing thereof and before judgment thereon, apply to the district court of the county, upon five days' notice to the other party, for an order vacating such award and granting a new hearing; but such order may be made only on a showing of fraud or gross error of the arbitrators, want of jurisdiction or errors at law; and then
if the application is granted and any other or further finding of fact necessary the claim shall be recommitted for arbitration to an unbiased board.
(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.
(b) 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.