MASSACHUSETTS. LAWS, STATUTES, ETC. WORKMEN'S COMPENSATION ACT. I9II. The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024687836 ®1)£ CotnmonrDealtl) 0f illa00acl)U0ett0. The "Woekmen's Compensation Act. Intkoduction. Prior to July 1, 1912, when the Workmen's Compensation Act became a law, the workman injured in industry, in a large per- centage of cases, found himself without any legal claim for the loss of his wages, his doctor's bills, and his suffering. He bore the whole burden himself; or, if his wages were small, and his opportunities to save for a rainy day limited, he often found himself and his family entirely dependent upon the kindness and perhaps charity of the community in which he lived. The enactment of this law was a recognition of the fact that industrial accidents should not be borne entirely by the workmen, or even the community at large, but should be charged up in part to the industry itself. In no community, however, either in this country or abroad, has the law gone so far as to say that the work- man should Jjear no portion of the burden; hence the provision in JVIassachusett^fe,t the compensation shall not begin until ten days after the injury and that the payments shall not be in excess of two-thirds of the wages. Prevention is more desirable than the payment of compensation. Workers are more desirable than non-workers. Undoubtedly these factors have had considerable influence upon the limitations which have been placed upon payments. A general reduction in the number of accidents will furnish the strongest argument in favor of increasing the benefits. Briefly stated the various types of payments provided under the act are indicated below: — In all cases of injury which require medical attendance, proper and reasonable medical bills are paid for a period of two weeks from Z INTRODirCTION. the date of the injury, or if the employee is not immediately in- capacitated by the injury, then for a period of two weeks from the time when incapacity began. This medical attendance may be fur- nished by the employee's own doctor if he desires. Also, in unusual cases, medical bills may be paid for a longer period than two weeks. If incapacity for performing work extends for a period longer than ten days after the injury, then weekly compensation on this account dates from the eleventh day following the injury and such payments continue during the period of total disability subject to the maximum period of five hundred weeks or gross payments of $4,000. Compensation is payable at the rate of two-thirds of the regular weekly wages during the time when no work can be done. These payments, however, may be not less than $4 nor more than $14 per week. (On injuries which occurred on or after April 26, 1918, the minimum weekly compensation is $5.) If the injury is such that the employee can do some work but is unable to earn as much money as before the injury, then compensa- tion is payable on account of partial incapacity at the rate of two- thirds of the difference between the earnings before the injury and the earnings thereafter, but in no case may these payments exceed $10 per week. In connection with the payment of compensation on account of partial incapacity it should be noted that it is the duty of the workman under the law to do such work as he is able tjo per- form although it may be of a different kind and must necessarily, to entitle him to partial compensation, be for a smaller amount of weekly pay. Thus, compensation on account of partial incapacity may be payable from the eleventh day after the injury or may fol- low the period of total incapacity. As a rule, the latter condition prevails. If portions of fingers, toes, feet and hands are amputated or ren- dered "permanently incapable of use," additional, sometimes called specific, compensation is due at the same rate as for total incapacity except that the maximum weekly payments on account of this type of benefit are limited to $10 instead of $14. The periods for which such additional payments may be made range from twelve weeks, for the amputation of a finger joint, to fifty weeks, for the amputa- tion of a hand or a foot or for the permanent incapacity of these INTKODUCTION. O members. If an injury causes the reduction of the employee's vision in either eye to one-tenth of normal with glasses, additional com- pensation is due for a period of fifty weeks; for the same reduction in vision of both eyes additional compensation is due for a period of one hundred weeks. This is "in addition to all other compensation," that .is, in addition to the amount due for inability to earn full wages or to earn any wages. If death results from the injury, benefits are payable in accordance with facts on the question of dependency or no dependency. Under the act to be entitled to weekly compensation a person who survives must have been dependent in whole or in part upon the earnings of the deceased for support at the time of the injury and death and also by definition must have been a member of the employee's family or next of kin; If there is no dependency as just defined then a burial benefit in an amount not to exceed $100 is provided. If there is dependency, compensation is paid on the basis determined by the extent of dependency. If dependency is total, compensation is payable at the rate of two-thirds of the average weekly wages, but not less than $4 nor more than $10 per week for a period not to exceed five hundred weeks or until such time as total payments equal $4,000. If dependency is partial a weekly payment is due equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to the annual earnings of the deceased at the time of the injury. In no case, however, on account of partial dependency may payments exceed $10 per week. Furthermore, in all cases of dependency funeral expenses in an amount not to exceed $100 are payable, but the amount so paid to that extent diminishes the amount of compensation payable weekly (surviving dependents of fatally injured employees may obtain advice as to their rights under the provisions of the Workmen's Compensa- tion Act by making inquiry, either by mail or person, at the office of the Industrial Accident Board, Room 272, State House, Boston, Mass.). The act also provides that when minors and others who come within the scope of chapter 236, General Acts of 1915, receive in- juries, their compensation rights may be determined as indicated by the following language of this chapter, which reads, in part : — 4 INTRODUCTION, If it be established that the injured employee was of such age and experience when injured that, under natural conditions, his wages would be expected to increase, that fact may be taken into consideration in determining his weekly wages. The increase of wages to which weight may be given is that which might have been expected from the particular employer in conducting his industry " under natural conditions." In addition to being familiar in general with the benefits provided by the Workmen's Compensation Act, it is advisable also that employees and employers be familiar with certain other general pro- visions of the act with reference to procedure and administration. The employee upon receiving an injury, no matter how slight this may be, should immediately tell his foreman, superintendent or employer all about the injury, when it happened, where it happened, and how it happened. It is not suflScient that a fellow employee know about the industry; his employer must be told of it. If the employer, superintendent or foreman has not received a written notice of the injury, or if he has no knowledge of the injury as soon after its occurrence as it is practicable for this information to be given to him, then any right to benefits which the employee may have under the act will be lost. The surest and best way, and the way called for by the law, is to hand to the employer or to send to him by registered mail a written statement of when, where, and how the injury occurred. This may be done by some one in his behalf as well as by himself. Thereafter, if compensation to which the employee is entitled, or to which he thinks he is entitled, is not received, or if he has any doubt about any feature of his case, he may write to the Industrial Accident Board, Room 272, State House, Boston, Mass., and he will be advised fully as to his fights and what he should receive. Fur- thermore, if need be, a conference for the purpose of having any difficulties adjusted if possible, will be arranged between a member of the Industrial Accident Board, a representative of the insurance company and the person making claim for compensation. At such con- ference it is the duty as well as the desire of the member of the Accident Board to see that all the employee's rights are protected and to make certain that he is properly advised as to what course to pursue. INTRODUCTION. 5 When an employee receives an injury it is the duty of the em- ployer to make a report thereof upon the form approved by the Board, within a period of forty-eight hours after the occurrence of the injury, and to file this report with the Industrial Accident Board. There is provided a penalty of a fine not to exceed $50 for failure to report injuries as indicated above. Also, a similar report should be sent to the insurance carrier. The Supreme Judicial Court stated recently in Solomon Brown's case, with reference to the duty of the employer to make a report of the injury, as follows: — By section 18, Part III. of the Workmen's Compensation Act it is the duty of the employer to "keep a record of all injuries" and "within forty-eight, hours . . . after the occurrence of the iiljury a report thereof should be made in writing to the Industrial Accident Board." The duty of the employer under this section is to make an investigation, find out the facts, and to "keep a record of" the facts and having found out what the facts are then withia forty-eight hours make a report thereof to the Industrial Accident Board. The employer's duty is not only to make a report of claim of injuries but to find out and report the facts of each injury. It is the duty of the insurance carrier to furnish the benefits enumerated in the Workmen's Compensation Act. Any failure on the part of the insurer so to do should be brought immediately to the attention of the Industrial Accident Board by the employer and employee, so that all matters which are in dispute may be promptly adjusted or adjudicated. The Industrial Accident Board has been constituted by law to administer the Workmen's Compensation Act, and from the very beginning of their work the members have adopted a thorough open- door policy in regard to the meeting of employees, employers, in- surers and others concerned in the administration of the law. Board members are available at all times for consultation, advice and hearings. If advice is desired at any time, there should be no hesi- tancy either in calling at the office of the Board, or in writing. The safe course is to act immediately. The work of the Board has grown tremendously since 1912, as will be understood by the mere mention of the increase in the number of employers subscribing to insurance under the law. This number has increased from a few thousand in Missing Page Missing Page PART II. PAYMENTS. Part II. OompenBation of employee. No compensa- tion, when. Double compensation. When ' compensation begins. When compensation may be discontinued. Medical and hospital services. PAYMENTS. Section 1. If an employee who has not given notice of his claim of common law rights of action, as provided in Part I, section five, or who has given such notice and has waived the same, receives a personal injury arising out of and in the course of his employment, he shall be paid com- pensation by the association, as hereinafter provided, if his employer is a subscriber at the time of the injury. Section 2. If the employee is injured by reason of his serious and wilful misconduct, he shall not receive compen- sation. Section 3 [as amended by section 1 of chapter 571, Acts of 1912]. If the employee is injured by reason of the serious and wilful misconduct of a subscriber or of any person reg- ularly entrusted with and exercising the powers of superin- tendence, the amounts of compensation hereinafter provided shall be doubled. In such case the subscriber shall repay to the association the extra compensation paid to the employee. If a claim is made under this section the sub- scriber shall be allowed to appear and defend against, such claim only. Section 4 [as amended by section 1 of chapter 90, Gen- eral Acts of 1916]. No compensation shall be paid under this act for any injury which does not incapacitate the employee for a period of at least ten days from earning full wages, but if incapacity extends beyond the period of ten days, compensation shall begin on the eleventh day after the injury. When compensation shall have begun, it shall not be discontinued except with the written assent of the employee or the approval of the board, or a member there- of: provided, however, that such compensation shall be paid in accordance with section ten of Part II of said chapter seven hundred and fifty-oney as amended by section five of chapter seven hundred and eight of the acts of the year nineteen hundred and fourteen, if the employee in fact earns wages at any time after the original agreement is filed. {In effect January 1, 1917.) Section 5 [as amended by section 1 of chapter 708, Acts of 1914, and chapter 198, General Acts of 1917]. During the first two weeks after the injury, and, if the employee is not immediately incapacitated thereby from earning full wages, then from the time of such incapacity, and in un- usual cases, in the discretion of the board, for a longer period, the association shall furnish adequate and reasonable medical and hospital services, and medicines, when they are PAET 11. PAYMENTS. 9 needed. The employee shall have the right to select a Eight of physician other than the one provided by the association, BefMt'pS'si- and in case he shall be treated by a physician of his own JS.° °i^5„„ ,. 11'. (> I. 1 tioan one pro- selection, or whether in case of emergency or for other vided by justifiable cause, a physician other than the one provided by ^™°'**""'- the association is called in to treat the injured employee, the reasonable cost of his services shall be paid by the associa- tion, subject to the approval of the industrial accident board. Such approval shall be granted only if the board finds that the employee was so treated by such physician, or that there was such emergency or justifiable cause, and in all cases, that the services were adequate and reasonable and the charges reasonable. {In effect May 23, 1917.) Section 6 [as amended by section 2 of chapter 708, Acts in case of of 1914]. If death results from the injury, the association f»*=^i '"l"^- shall pay the dependents of the employee, wholly dependent upon his earnings for support at the time 'of the injury, a weekly payment equal to sixty-six and two thirds per cent of his average weekly wages, but not more than ten dollars nor less than four dollars a week for a period of five hun- dred weeks from the date of the injury; but in no case shall the amount be more than four thousand dollars. If the employee leaves dependents only partially dependent upon his earnings for support at the time of his injury, the association shall pay such dependents a weekly compensa- tion equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to the annual earnings of the deceased at the time of his injury. When weekly payments have been made to an injured employee before his death, the compensation to dependents shall begin from the date of the last of such pay- ments, but shall not continue more than five hundred weeks from the date of the injury. {In effect October 1, 191 4-) Section 7 [as amended by section 3 of chapter 708, Acts Dependency. of 1914]. The following persons shall be conclusively pre- sumed to be wholly dependent for support upon a deceased employee: — (a) A wife upon a husband with whom she lives at the time of his death, or from whom, at the time of his death, the industrial accident board shall find the wife was living apart for justifiable cause or because he had deserted her. The findings of the board upon the question of such justi- fiable cause and desertion shall be final. (6) A husband upon a wife with whom he lives at the time of her death. (c) A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated 10 PAET n. PAYMENTS. EzpeDses of burial. Total incapacity. Partial incapacity. from earning), upon the parent with whom he is or they are living at the time of the death of such parent, there being no surviving dependent parent: provided, that in the event of the death of an employee who has at the time of his death a living child or children by a former wife or husband, under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning), said child or children shall be conclusively presumed to be wholly dependent for support upon such deceased employee, and the death benefit shall be divided between the surviving wife or husband and all the children of the deceased em- ployee in equal shares, the surviving wife or husband taking the same share as a 'child. The total sum due the surviving wife or husband and her or his own children shall be paid directly to the wife or husband for her or his own use and for the benefit of her or his own children, and the sums due to the children by the former wife or husband of the deceased employee shall be paid to their guardians or legal repre- , sentatives, for the benefit of such children. In all other cases questions of dependency, in whole or in part, shall be determined in accordance with the fact, as the fact may be at the time of the injury; and in such other cases, if there is more than one person wholly de- pendent, the death benefit shall be divided equally among them, and persons partly dependent, if any, shall receive no part thereof, and if there is no one wholly dependent and more than one person partly dependent, the death benefit shall be divided among them according to the rela- tive extent of their dependency. {In effect June 26, 1914-) Section 8 [as amended by chapter 269, General Acts of 1917]. In all cases the association shall pay the reasonable expense of burial which shall not exceed one hundred dol- lars. If the employee leaves dependents, such sum shall be a part of the compensation payable, and shall to that ex- tent diminish the period of payment. {Approved May 21, 1917; in effect June 20, 1917.) Section 9 [as amended by section 4 of chapter 708, Acts of 1914; section 1 of chapter 249, General Acts of 1917; and chapter 113, General Acts of 1918]. While the in- capacity for work resulting from the injury is total, the association shall pay the injured employee a weekly com- pensation equal to sixty-six and two thirds per cent of his average weekly wages, but not more than fourteen dollars nor less than five dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks, nor the amount more than four thousand dollars. {Approved March 27, 1918; in effect April 26, 1918.) Section 10 [as amended by section 5 of chapter 708, Acts of 1914]. While the incapacity for work resulting from the PAKT II. PAYMENTS. U injury is partial, the association shall pay the injured em- ployee a weekly compensation equal to sixty-six and two thirds per cent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than ten dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks from the date of the injury, nor the amount more than four thousand dollars. {In effect October 1, 1914-) Section 11 [as amended by section 2 of chapter 571, Acts Specified of 1912; section 1 of chapter 696, Acts of 1913, section 1 of i?iSif^m"en- chapter 445, Acts of 1913, and section 6 of chapter 708, Acts =a*'°° f°'- of 1914]. In case of the following specified injuries the amounts hereinafter named shall be paid in addition to all other compensation : — (o) For the loss by severance of both hands at or above the wrist, or both feet at or above the ankle, or the loss of one hand and one foot, or the reduction to one tenth of normal vision in both eyes with glasses, sixty-six and two thirds per cent of the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of one hundred weeks. (6) For the loss by severance of either hand, at or above the wrist, of either foot at or above the ankle, or the reduc- tion to one tenth of normal vision in either eye with glasses, sixty-six and two thirds per cent of the average ■weekly wages of the injured person, for each hand or foot so severed, but not more than ten dollars nor less than four dollars a week for a period of fifty weeks. (c) For the loss by severance at or above the second joint of two or more fingers, including thumbs, of the same hand, or of two or more toes of the same foot, sixty-six and two thirds per cent of the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of twenty-five weeks for each hand or foot so injured. (d) For the loss by severance of at least one phalange of a finger, thumb, or toe, sixty-six and two thirds per cent of the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of twelve weeks for each hand or foot so injured. (e) The additional amounts provided for in this section in case of the loss of a hand, foot, thumb, finger, toe, or phalange, shall also be paid for the number of weeks above specified, in case the injury is such that the hand, foot, thumb, finger, toe or phalange is not lost, but so injured as to be permanently incapable of use. (in effect October 1, 1914.) 12 PART II. PATMENTS. Savings not to be considered. To whom payable, in case of dtoth. Appointment of legal representative. Guardian, minor, etc. Notice of injury. Form of notice. Section 12. No savings or insurance of the injured em- ployee, independent of this act, shall be taken into consid- eration in determining the compensation to be paid here- under, nor shall benefits derived from any other source than the association be considered in fixing the compensa- tion under this act. Section 13 [as amended by section 7 of chapter 708, Acts of 1914]. The compensation payable under this act in case of the death of the injured employee shall be paid to his legal representative; or, if he has no legal representative, to his dependents; or, if he leaves no dependents, to the persons to whom payment of the expenses for the last sick- ness and burial are due. If the payment is made to the legal representative of the deceased employee, it shall be paid by him to the dependents or other persons entitled thereto under this act. When the appointment of a legal representative of a deceased employee, not otherwise nec- essary, is required for carrying out the provisions of this act, the association shall furnish or pay for all legal serv- ices rendered in connection with the appointment of such legal representative, or in connection with any of his duties, and shall pay the necessary disbursements for such appoint- ment, the necessary expenses of such legal representative, and reasonable compensation to him for time necessarily spent in carrying out said provisions. All said payments shall be in addition to all sums paid for compensation. {In effect October 1, 1914.) Section 14. If an injured employee is mentally incom- petent or is a minor at the time when any right or priv- ilege accrues to him under this act, his guardian or next friend may in his behalf claim and exercise such right or privilege. Section 15. No proceedings for compensation for an injury under this act shall be maintained unless a notice of the injury shall have been given to the association or subscriber as soon as practicable after the happening thereof, and unless the claim for compensation with respect to such injury shall have been made within six months after the occurrence of the same; or, in case of the death of the employee, or in the event of his physical or mental incapacity, within six months after death or the removal of such physical or mental incapacity. Section 16 [as amended by chapter 172, Acts of 1912, and section 3 of chapter 571, Acts of 1912]. The said notice shall be in writing, and shall state in ordinary lan- guage the time, place and cause of the injury, and shall be signed by the person injured, or by a person in his behalf, or, in the event of his death, by his legal representative or PART II. PAYMENTS. 13 by a person in his behalf, or by a person to whom payments may be due under this act or by a person in his behalf. Any form of written communication signed by any person who may give the notice as above provided, which contains the information that the person has been so injured, giving the time, place and cause of the injury, shall be considered a suflScient notice. Section 17. The notice shall be served upon the associ- service of ation, or an officer or agent thereof, or upon the subscriber, ''°'"*' or upon one subscriber, if there are more subscribers than one, or upon any officer or agent of a corporation if the subscriber is a corporation, by delivering the same to the person on whom it is to be served, or leaving it at his resi- dence or place of business, or by sending it by registered mail addressed to the person or corporation on whom it is to be served, at his last known residence or place of business. Section 18. A notice given under the provisions of this inaccuracy, act shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury, unless it is shown that it was the intention to mislead and the association was in fact misled thereby. Want of notice shall not be a bar to proceedings under this act, if it be shown that the association, subscriber, or agent had knowl- edge of the injury. Section 19 [as amended by section 4 of chapter 571, Acts Medical of 1912]. After an employee has received an injury, and ff^^Sested'by from time to time thereafter during the continuance of his association, etc. disability he shall, if so requested by the association or sub- scriber, submit himself to an examination by a physician or surgeon authorized to practice medicine under the laws of the commonwealth, furnished and paid for by the associa- tion or subscriber. The employee shall have the right to have a physician provided and paid for by himself present at the examination. If he refuses to submit himself for the examination, or in any way obstructs the same, his right to compensation shall be suspended, and his compensation during the period of suspension may be forfeited. Section 20. No agreement by an employee to waive his Noa^e'ement rights to compensation under this act shall be valid. %™Io^^id. Section 21. No payment under this act shall be as- No payment signable or subject to attachment, or be liable in any way a™>e"ai''e' etc. for any debts. Section 22 [as amended by section 8 of chapter 708, Lumpsum Acts of 1914]. Whenever any weekly payment has been p**""™*- continued for not less than six months, the liability there- for may in unusual cases where the parties agree and the board deems it to be for the best interest of the employee or his dependents, be redeemed by the payment, in whole or in part, by the association, of a lump sum which shall be 14 PART III. PROCEDURE. Claim for compensation. Interest on payments in appealed cases. fixed by the board, but in no case to exceed the amount provided by said act. The board may, however, in its discretion at any time in the case of a minor who has re- ceived permanently disabling injuries, either partial or total, provide that he be compensated, in whole or in part, by the payment of a lump sum, the amount of which shall be fixed by the board, but in no case to exceed the amount provided by said act. (In effect October 1, 1914-) Section 23 [as amended by section 5 of chapter 571, Acts of 1912, and chapter 119, General Acts of 1918]. The claim for compensation shall, be in writing and shall state the time, place, cause and nature of the injury; it shall be signed by the person injured or by a person in his behalf, or, in the event of his death, by his legal representative or by a person in his behalf, or by a person to whom payments may be due under this act or by a person in his behalf, and shall be filed with the industrial accident board. A claim for compensation shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, cause or nature of the injury, unless it is shown that it was the intention to mislead and that the association was in fact misled thereby. The failure to make a claim within the period prescribed by section fifteen shall not be a bar to the maintenance of proceedings under this act if it is found that it was occasioned by mistake or other reasonable cause. {Approved March 27, 1918; in effect April 26, 1918.) Section 24 [new section, as added by section 14 of chap- ter 708, Acts of 1914]. Whenever any question involving the compensation of an injured employee, or his dependents, is appealed to the supreme judicial court, and the decision rendered is in favor of the employee or his dependents, interest to the date of payment shall be paid by the associ- ation on all sums due as compensation to such employee or dependents. {In effect October 1, 1914-) Part III. Industrial accident board. PROCEDURE. Section 1 [as amended by section 6 of chapter 571, Acts of 1912, and chapter 297, General Acts of 1917]. There shall be an industrial accident board consisting of five members, to be appointed by the governor, by and with the advice and consent of the council, one of whom shall be designated by the governor as chairman. The term of office of members of this board shall be five years, except that when first constituted one member shall be appointed for one year, one for two years, one for three years, one for PART III. PROCEDUKE. 15 four years, and one for five years. Thereafter one member shall be appointed every year for the full term of five years. The industrial accident board established by section one of Part III of chapter seven hundred and fifty-one of the acts of the year nineteen hundred and eleven, as amended by section six of chapter five hundred and seventy-one of the acts of the year nineteen hundred and twelve, shall here- after consist of seven instead of five members. The term of office of the two additional members shall be five years, except that when first appointed one shall be appointed for a term of five years and one for a term of three years. The Chairman to chairman of said board shall, from time to time, designate vtevmeboard. five members to serve as a reviewing board, and three members shall constitute a quorum to decide all matters which are required to be heard by the board. (Approved May 24, 1917; in effect June S3, 1917.) Section 2 [as amended by section 7 of chapter 571, Acts Salaries, of 1912]. The salaries and expenses of the board shall be ^^p^'^".**^- paid by the commonwealth. The salary of the chairman shall be five thousand dollars a year, and the salary of the other members shall be forty-five hundred dollars a year each. The boafd may appoint a secretary at a salary of not more than three thousand dollars a year, and may remove hini. It shall also be allowed an annual sum, not exceeding ten thousand dollars, for clerical service, and travelling and other necessary expenses. The board shall be provided with an office in the state house or in some other suitable building in the city of Boston, in which its records shall be kept. Section 3 [as amended by section 8 of chapter 571, Acts P"'«f °' of 1912, and chapters 123 and 275, General Acts of 1915]. ^ The board may make rules not inconsistent with this act for carrying out the provisions of the. act. Process and procedure under this act shall be as simple and summary as reasonably may be. The board or any member thereof pj^^u^e shall have the power to subpoena witnesses, administer vritnesaes.'etc. oaths, and to examine such parts of the books and records of the parties to a proceeding as relate to questions in dispute. Upon the written request of the board or of any member thereof, together with interrogatories and cross- interrogatories, if any there be, filed with the clerk of the sujjerior court for any county of this commonwealth, com- missions to take depositions of persons or witnesses residing without the commonwealth, or in foreign countries, or letters rogatory to any court in any other of the United 23'™tte°^ States or to any court in any foreign country, shall forth- rogatory, with issue from the said superior court, as in cases pending in said superior court, and upon the return of the said 16 PART III. PROCEDURE. Superior court to enforce provisions relating to witnesses. Agreements regarding com- pensation; memorandum to be filed; bow enforoible. Hearing by member of board, if no agreement. Appointment of arbitrators. depositions or answers to letters rogatory the same shall be opened by the clerk of the court which issued the commis- sions or letters, and the said clerk shall endorse thereon the date upon which any deposition or answer to letters rogatory was received and the same shall forthwith be delivered to the board. No entry fee shall be charged in such cases. The fees for attending as a witness before the industrial accident board shall be one dollar and fifty cents a day, for attending before an arbitration committee fifty cents a day; in both cases five cents a mile for travel out and home. The superior court shall have power to enforce by proper proceedings the provisions of this section relating to the attendance and testimony of witnesses and the ex- amination of books and records. Section 4 [as amended by section 9 of chapter 571, Acts of 1912]. If the association and the injured employee reach an agreement in regard to compensation under this act, a memorandum of the agreement shall be filed with the indus- trial accident board and, if approved by it, thereupon the memorandum shall for all purposes be enforcible under the provisions of Part III, section eleven. Such agreements shall be approved by said board only when the terms con- form to the provisions of this act. Section 5 [as amended by section 9 of chapter 571, Acts of 1912; section '9 of chapter 708, Acts of 1914; and section 2 of chapter 297, General Acts of 1917]. If the association and the injured employee fail to reach an agreement in re- gard to compensation under this act, or if they have reached such an agreement, which has been signed and filed in accordance with the provisions of this act, and compensa- tion has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly payments under such agreement, either party may notify the industrial accident board which shall thereupon assign the case for hearing by a member of the board. {Approved May 24, 1917; in effect June 23, 1917.) Section 6 [as amended by section 11 of chapter 571, Acts of 1912]. It shall be the duty of the industrial accident board, upon notification that the parties have failed to reach an agreement, to request both parties to appoint their re- spective representatives on the committee of arbitration. The b'oard shall designate one of its members to act" as chairman, and, if either party does not appoint its member on this committee within seven days after notification, as above provided, or after a vacancy has occurred, the board or any member thereof shall fill the vacancy and notify the parties to that effect. [The above section was amended by striking out all of said section by section 3 of chapter 297, General Acts of 1917.] PART III. PROCEDURE. 17 Section 7 [as amended by section 12 of chapter 571, Acts Hearing by a of 1912, and section 4 of chapter 297, General Acts of SS."" 1917]. The member of the board shall make such inquiries and investigations as shall be deemed necessary. The hear- ing shall be held in the city or town where the accident occurred, or in such other place as the board may desig- nate; and the decision of the member, together with a statement of the evidence, his findings of fact, rulings of law, and any other matters pertinent to questions arising before him shall be filed with the industrial accident board. Unless a claim for review is filed by either party within seven days, the decision shall be enforcible under provisions of section eleven of Part III. (Approved May 24, 1917; in effect June 23, 1917.) Section 8 [as amended by section 10 of chapter 708, Examination Acts of 1914, and chapter 72, General Acts of 1916]. The by^physioian industrial accident board or any member thereof may ap- '" t'°»''<*- point a duly qualified impartial physician to examine the injured employee and to report. The fee for this service shall be five dollars and travelling expenses, but the board may allow additional reasonable amounts in extraordinary casesj and the association shall reimburse the board for the amount so paid. The report of the physician shall be admissible as evidence in any proceeding before the indus- trial accident board or a committee of arbitration, provided that the employee and insurer have seasonably been fur- nished with copies thereof. (In effect March 23, 1916.) Section 9. The arbitrators named by or for the parties Fees of to the dispute shall each receive five dollars as a fee for his a''"*'**o'=- services, but the industrial accident board or any member thereof may allow additional reasonable amounts in extraor- dinary cases. The fees shall be paid by the association, which shall deduct an amount equal to one third of the sum froni any compensation found due the employee. [The above section was amended by striking out all of said sec- tion by section 5 of chapter 297, General Acts of 1917.] Section 10 [as amended by section 13 of chapter 571, Review of Acts of 1912, and section 10 of chapter 297, General Acts of member by 1917]. If a claim for a review is filed, as provided in Part ''°'"'^' III, section seven, the board shall hear the parties and may hear the evidence in regard to any or all matters pertinent thereto and may revise the detjision of the member in whole or in part, or may refer the matter back to the member for further findings of fact, and shall file its decision with the records of the proceedings and notify the parties thereof. No party shall as a matter of right be entitled to a second hearing upon any question of fact. (Approved May 24, 1917; in effect June 23, 1917.) 18 PAST III. PROCEDTJKE. Court decrees and appeals. Review o£ payments by Enember of board. Fees subject to approval of board. ^, Hearing by a member if no agreement is reached. Section 11 [as amended by section 14 of chapter 571, Acts of 1912, and section 7 of chapter 297, General Acts of 1917]. ' Any party in interest may present certified copies of an order or decision of the board, a decision of a member from which no claim for review has been filed within the time allowed therefor, or a memorandum of agreement ap- proved by the board, and all papers in connection there- with, to the superior court for the county in which the injury occurred or for the county of Suffolk, whereupon said court shall render a decree in accordance therewith and notify the parties. Such decree shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though rendered in a suit duly heard and de- termined by said court, except that there shall be no appeal therefrom upon questions of fact, or where the decree is based upon a decision of a member or a memorandum of agreement, and that there shall be no appeal from a decree based upon an order or decision of the board which has not been presented to the court within ten days after the notice of the filing thereof by the board. Upon the presentation to it of a certified copy of a decision of the industrial accident board ending, diminishing or increasing a weekly payment under the provisions of Part III, section twelve, the court shall revoke or modify the decree to conform to such decision. {Approved May 24, 1917; in effect June 23, 1917.) Section 12 [as amended by section 11 of chapter 708, Acts of 1914, and section 8 of chapter 297, General Acts of 1917]. Any weekly payment under this act may be re- viewed by the industrial accident board or any member thereof, and on such review the board or member may, in accordance with the evidence and subject to the provisions of this act, issue any order which may be deemed advisable. If the case is heard and decided by a member, his decision shall be subject to review as provided by sections seven and ten of Part III, and the general provisions of the act. {Approved May 24, 1917; in effect June 23, 1917.) Section 13 [as amended by section 12 of chapter 708, Acts of 1914, and section 12 of chapter 297, General Acts of 1917]. Fees of attorneys and physicians and charges of hospitals for services under this act shall be subject to the approval of the industrial accident board. If the association and any physician or hospital, or the employee and any attorney, fail to reach an agreement as to the amount to be paid for such services, either party may notify the board, which may thereupon assign the case for hearing by a member of the board in accordance with the provisions of this act. The member shall report the facts to the in- PART III. PEOCEDUEE. 19 dustrial accident board for decision, and the decision shall be enforcible as provided by Part III of section eleven. {Approved May 24, 1917; in effect June 23, 1917.) Section 14 [as amended by section 10 of chapter 297, ^^™™* General Acts of 1917]. If the industrial accident board, any member thereof, or any court before whom any pro- ceedings are brought under this act determines that such proceedings have bfien brought, prosecuted, or defended without reasonable ground, it shall assess the whole cost of the proceedings upon the party who has so brought, prose- cuted or defended them. {Approved May 24, 1917; in effect June 23, 1917.) Section 15 [as amended by section 1 of chapter 448, Acts Optional of 1913]. Where the injury for which compensation is pay- '"°°° "*' able under this act was caused under circumstances creating a legal liability in some person other than the subscriber to pay damages in respect thereof, the employee may at his option proceed either at law against that person to recover damages, or against the association for compensation under this act, but not against both; and if compensation be paid under this act, the association may enforce in the name of the employee, or in its own name and for its own benefit, the liability of such other person, and in case the associa- tion recovers a sum greater than that paid by the associa- tion to the employee four fifths of the excess shall be paid over to the employee. Section 16 [as amended by section 15 of chapter 571, 9'i^''°'"jv Acts of 1912]. All questions arising under this act, if not board, etc. settled by agreement by the parties interested therein, shall, except as otherwise herein provided, be determined by the industrial accident board. The decisions of the industrial accident board shall for all purposes be enforcible under the provisions of Part III, section eleven. Section 17. If a subscriber enters into a contract. Employees of written or oral, with an independent contractor to do such contractor, etc. subscriber's work, or if such a contractor enters into a con- tract with a sub-contractor to do all or any part of the work comprised in such contract with the subscriber, and the association would, if such work were executed by employees immediately employed by the subscriber, be liable to pay compensation under this act to those emplbyees, the asso- ciation shall pay to such employees any compensation which would be payable to them under this act if the inde- pendent or sub-contractors were subscribers. The associa- tion, however, shall be entitled to recover indemnity from any other person who would have been liable to such em- ployees independently of this section, and if the association has paid compensation under the terms of this section, it 20 PART III. PROCEDURE. ■EmployeTB to report all injuries. Supplemental report. Form of report of injury. Penalty. may enforce in the name of the employee, or in its own name and for the benefit of the association, the liability of such other person. This section shall not apply to any con- tract of an independent or sub-contractor which is merely ancillary and incidental to, and is no part of or process in, the trade or business carried on by the subscriber, nor to any case where the injury occurred elsewhere than on, in, or about the premises on which the contractor has under- taken to execute the work for the subscriber or which are under the control or management of the subscriber. Section 18 [as amended by section 1 of chapter 746, Acts of 1913]. Every employer shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment. Within forty-eight hours, not counting Sundays and legal holidays, after the occur- rence of an injury, a report thereof shall be made in writing to the industrial accident board on blanks to be procured from the board fof the purpose. Upon the termination of the disability of the injured employee, the employer shall make a supplemental report upon blanks to be procured from the board for that purpose. If the disability extends beyond a period of sixty days, the employer shall report to the board at the end of such period that the injured em- ployee is still disabled, and upon the termination of the dis- ability shall file a final supplemental report as provided above. The said reports shall contain the name and nature of the business of the employer, the situation of the establish- ment, the name, age, sex, and occupation of the injured employee, and shall state the date and hour of any acci- dent causing the injury, 'the nature and cause of the injury, and such other information as may be required by the board. Any employer who refuses or neglects to make the report required by this section shall be punished by a fine of not more than fifty dollars for each ofiFence. Copies of all reports of injuries filed by employers with the industrial accident board and all statistics and data compiled therefrom shall be kept available by the said board and shall be furnished on request to the state board of labor and industries for its own use. Within sixty days after the termination of the disability of .the injured employee, the association or other party liable to pay the compensation provided for by Part II of this act shall file with the board a statement showing the total payments made or to be made for compensation and for medical services for such injured . employee. PART rV. THE MASSACHUSETTS EMPLOYEES INS. ASS'N. 21 Chaptek 132, General Acts of 1915. ' An Act eelative to appeals under the workmen's compensation act, so-called. Be it enacted, etc., as follows: Section 1. An order or decision of the industrial acci- CompenBation dent board, a decree of the superior court upon such an Seaplte^appeai, order, a decision of an arbitration committee from which no "■),''' otherwiae claim for review has been filed within the time allowed therefor, or a memorandum of agreement approved by the industrial accident board, shall have effect, notwithstand- ing an appeal, until it is otherwise ordered by a justice of the supreme judicial court who may, in any county, sus- pend or modify such decree, order or decision, during the pendency of the appeal. Section 2. This act shall take effect upon its passage. [Approved April 2, 1915. Part IV. THE MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION. [see CHAPTER 721, ACTS OP 1912, AS AMENDED BY CHAP- TER 338, ACTS OF 1914.] Section 1. The Massachusetts Employees Insurance Massachusetts Association is hereby cheated a body corporate with the fn™urance° powers provided in this act and with all the general cor- Association, porate powers incident thereto. Section 2. The board of directors of the association shall Directora. consist of not less than fifteen members, to be elected by bal- lot by the members, who shall hold office for such term or terms as the by-laws may provide in accordance with the provisions of section twenty-six of chapter five hundred and seventy-six of the acts of the year nineteen hundred and seven and until their successors are elected. Section 3. Until the first meeting of the subscribers Powers of the board of directors shall have and exercise all the powers b^aw™ ^""^ of the subscribers, and may adopt by-laws not inconsistent with the provisions of this act, which shall be in effect until amended or repealed by the subscribers. Section 4. The board of directors shall annually choose officers, by ballot a president, who shall be a member of the board, a secretary, a treasurer, and such other officers as the by- laws shall provide. Section 5. Seven or more of the directors shall con- Quorum and stitute a quorum for the transaction of business. Tacancies. 1 The above chapter, having reference to procedure, is inserted here and may be con- sidered as a section of Part III. 22 PABT rv. THE MASSACHUSETTS EMPLOYEES INS. ASS N. Any employer may become subaoriber. First meeting of subscribers. Subscribers' voting power. Minimum standard. Other requirements. When further policies not to be issued. License. Subscribers to be distributed into groups. Vacancies in any office may be filled in such manner as the by-laws shall provide. Section 6. Any employer in the commonwealth may become a subscriber. Section 7. The board of directors shall, within thirty days of the subscription of twenty-five employers, call the- first meeting of the subscribers by a notice in writing mailed to each subscriber at his place of business not less than ten days before the date fixed for the meeting. Section 8. In any meeting of the subscribers each sub- scriber shall be entitled to one vote, and if a subscriber has five hundred employees to whom the association is bound to pay compensation he shall be entitled to two votes, and he shall be entitled to one additional vote for each additional five hundred employees to whom the as- sociation is bound to pay compensation, but no subscriber shall cast, by his own right or by the right of proxy, more than twenty votes. Section 9. No policy shall be issued by the association until not less than one hundred employers have subscribed,, who have not less than ten thousand employees to whom the association may be bound to pay compensation. Section 10. No policy shall be issued until a list of the subscribers, with the number of employees of each, together with such other information as the insurance commissioner may require, shall have been filed at the insurance depart- ment, nor until the president and secretary of the associa- tion shall have certified under oath that every subscription in the list so filed is genuine and made with an agreement by every subscriber that he will take the policies sub- scribed for by him within thirty days of the granting of a license to the association by the insurance commissioner to- issue policies. Section 11. If the number of subscribers falls below one hundred, or the number of employees to whom the- association may be bound to pay compensation falls below ten thousand, no further policies shall be issued until other employers have subscribed who, together with existing sub- scribers, amount to not less than one hundred who have not less than ten thousand employees, said subscriptions to be subject to the provisions contained in the preceding section. Section 12. Upon the filing of the certificate provided for in the two preceding sections the insurance commis- sioner shall make such investigation as he may deem proper and, if his findings warrant it, grant a license to the associa- tion to issue policies. Section 13. The board of directors shall distribute the subscribers into groups in accordance with the nature of the business and the degree of the risk of injury. PART IV. THE MASSACHUSETTS EMPLOYEES INS. ASS'N. 23 Subscribers within each group shall annually pay in cash, or notes absolutely payable, such premiums as may be required to pay the compensation herein provided for the injuries which may occur in that year. Section 14. The association may in its by-laws and 9°?^^^"^ policies fix the contingent mutual liability of the subscribers '* ' ^' for the payment of losses and expenses not provided for by its cash funds; but such contingent liability of a sub- scriber shall not be less than an amount equal to and in addition to the cash premium. Section 15. If the association is not possessed of cash Assessments. funds above its unearned premiums sufiicient for the pay- ment of incurred losses and expenses, it shall make an as- sessment for the amount needed to pay such losses and expenses upon the subscribers liable to assessment therefor in proportion to their several liability. Every subscriber shall pay his proportional part of any assessments which may be laid by the association, in ac- cordance with law and his contract, on account of injuries sustained and expenses incurred while he is a subscriber. Section 16. The board of directors may, from time to Dividends, etc. time, by vote fix and determine the amount to be paid as a dividend upon policies expiring during each year after retaining sufficient sums to pay all the compensation which may be payable on account of injuries sustained and expenses incurred. All premiums, assessments, and dividends shall be fixed by and for groups as heretofore provided in accordance with the experience of each group, but all the funds of the as- sociation and the contingent liability of all the subscribers shall be available for the payment of any claim against the association. Section 17. Any proposed premium, assessment, divi- Approval and dend or distribution of subscribers shall be filed with the rpproroTby"' insurance department and shall not take effect until ap- insuianoe J , ,T_ • . • e, T_ . j_' J.. commissioner, proved by the insurance commissioner after such investigation See page so. as he may deem necessary. [See chapter 666, Acts of 1912.] Section 18. The board of directors shall make and Rules for the enforce reasonable rules and regulations for the prevention ShS^!™°' of injuries on the premises of subscribers, and for this purpose the inspectors of the association shall have free access to all such premises during regular working hours. Any subscriber or employee aggrieved by any such rule or regulation may petition the industrial accident board for a review, and it may affirm, amend, or annul the rule or regulation. Section 19. If any officer of the association shall falsely False oath make oath to any certificate required to be filed with the ^^ °?°?'' °* ■ >• 11111 '^ , p * 9S90C13itlOQs insurance commissioner, ne shall be guilty of perjury. 24 PART IV. THE MASSACHUSETTS EMPLOYEES INS. ASS'N. Notice to employees of insurance. Further notice. Subscriber indemnified from actions at law. Application of regular insurance laws. Kxpenses of directors. Section 20. Every subscriber shall, as soon as he se- cures a policy, give notice, in writing or print, to all per- sons under contract of hire with him that he has provided for payment to injured epployees by the association. Section 21 [as amended by section 16 of chapter 571, Acts of 1912]. Every subscriber shall give notice in writing or print to every person with whom he is about to enter into a contract of hire that he has provided for payment to injured employees by the association. If an employer ceases to be a subscriber he shall, on or before the day on which his policy expires, give notice thereof in writing or print to all persons under contract with him. In case of the renewal of the policy no notice shall be required under the provisions of this act. He shall file a copy of said notice with the industrial accident board. The notices required, by this and the preceding section may be given in the manner therein provided or in such other manner as may be approved by the industrial accident board. Section 22. If a subscriber, who has complied with all the rules, regulations and demands of the association, is required by any judgment of a court of law to pay to an employee any damages on account of personal injury sus- tained by such employee during the period of such sub- scription, the association shall pay to the subscriber the full amount of such judgment and the cost assessed there- with, if the subscriber shall have given the association no- tice in writing of the bringing of the action upon which the judgment was recovered and an opportunity to appear and defend the same. Section 23. The provisions of chapter five hundred and seventy-six of the acts of the year nineteen hundred and seven and of acts in amendment thereof shall apply to the association, so far as such provisions are pertinent and not in conflict with the provisions of this act, except that the corporate powers shall not expire because of failure to issue policies or make insurance. Section 24. The board of directors appointed by the governor under the provisions of Part IV, section two, may incur such expenses in the performance of its duties as shall be approved by the governor and council. Such expenses shall be paid from the treasury of the commonwealth and shall not exceed in amount the sum of fifteen thousand dollars. PART V. MISCELLANEOUS PROVISIONS. 25 Paet V. MISCELLANEOUS PBOVISIONS. Section 1. If an employee of a subscriber files any Release of claim with or accepts any payment from the association on from°ciaim8 account of personal injury, or makes any agreement, or '■^^™- submits any question to arbitration, under this act, such action shall constitute a release to the subscriber of all claims or demands at law, if any, arising from the injury. Section 2 [as amended by section 1 of chapter 568, Definitions. Acts of 1913, and section 13 of chapter 708, Acts of 1914]. The following words and phrases, as used in this act, shall, unless a different meaning is plainly required by the con- text, have the following meaning : — "Employer" shall include the legal representative of a "Employer." deceased employer. "Employee" shall include every person in the service of 'Employee." another under any contract of hire, express or implied, oral or written, except masters of and seamen on vessels engaged in interstate or foreign commerce, and except one whose employment is not in the usual course of the trade, busi- ness, profession or occupation of his employer. Any ref- erence to an employee who has been injured shall, when the employee is dead, also include his legal representatives, dependents and other persons to whom compensation may be payable. (In effect October 1, 1914-) "Dependents" shall mean members of the employee's "^p,e'' Sections 16 and 17 of chapter 708, Acts of 1914. although not specifically so desig- nated, may be considered as sections 10 and 11, Fart V. 28 TRAINING OF CRIPPLES. on the first day of October next, except that all policies of insurance under chapter seven hundred and fifty'-one of the acts of the year nineteen hundred and eleven and acts in amendment thereof and in addition thereto, written after the, passage of this act, shall provide for the payment after said first day of October of the additional benefits provided by said sections, and in all other respects this act shall take effect upon its passage. [Approved June 25, 1914. Scope of division. Appointment of head. Division to aid incapacitated persons. Chaptek 231, General Acts op 1918. An Act to establish a division in the department of the industrial accident board foe the training of cripples. Be it enacted, etc., as follows: Section 1. There is hereby established, under the direc- tion and control of the industrial accident board, a division for the training and instruction of persons whose capacity to earn a living has in any way been destroyed or impaired through industrial accident: provided, that at the time of the accident which incapacitated them they were residents of the commonwealth. The said board shall in its annual report to the general court describe in detail the work of the division, and may from time to time issue bulletins contain- ing information relative thereto. Section 2. The head of the said division shall be ap- pointed and his salary determined by the industrial accident board, subject to the approval of the governor and council, and he may be removed by the said board. The division shall be furnished with suitable quarters in the state house, and may expend for salaries and other necesstry expenses such amount as shall annually be appropriated therefor by the general court. Section 3. The said division shall aid persons who are incapacitated as described in section one in obtaining such education, training and employment as will tend to restore their capacity to earn a livelihood. The division may co- operate with the United States government, and in co- operation with the board of education may , establish or maintain, or assist in establishing or maintaining, in schools or institutions supported wholly or in part by the common- wealth such courses as it may deem expedient, and other- wise may act in such manner as it may deem necessary to accomplish the purposes of this act. Section 4. This act shall take effect upon its passage. [Approved May 28, 1918. INSURANCE. 29 Chapteb 311, Acts of 1912. An Act to authoeize certain mutual insurance com- panies TO TRANSACT THE BUSINESS OF EMPLOYERS* LIABILITY INSURANCE, SO-CALLED. Be it enacted, etc., as follows: Section 1. Section one of chapter two hundred and Mutual xiA PI r>i ■ iiTi insurance mty-one of the acts ot the year nineteen hundred and companies, eleven is hereby amended by adding at the end thereof the words : — Mutual companies doing business and or- ganized prior to April sixth, nineteen hundred and eleven, to transact employers' liability business may have and exercise all the rights and powers conferred by this section upon companies which may be organized hereunder, but such rights and powers shall not be exercised unless au- thorized by a two thirds vote of the policy-holders present and voting at a meeting duly called for that purpose, — so as to read as follows : — Section 1 . Ten or more persons who are residents of this commonwealth may form an in- surance company on the mutual plan to insure any person, firm or corporation against loss or damage on account of the bodily injury or death by accident of any person, or against damage caused by automobiles to property of another, for which loss or damage such person, firm or corporation is responsible. The corporation shall be formed in the manner described in, and be subject to, the provisions of sections fifteen to twenty, inclusive, of chapter one hundred and ten of the Revised Laws, except as is otherwise provided herein. Mutual companies doing busi- ness and organized prior to April sixth, nineteen hundred and eleven, to transact employers' liability business may have and exercise all the rights and powers conferred by this section upon companies which may be organized here- under, but such rights and powers shall not be exercised unless authorized by a two thirds vote of the policy-holders present and voting at a meeting duly called for that purpose. Section 2. This act shall take effect upon its passage. [Approved March 22, 1912. 30 COMPENSATING CERTAIN PUBLIC EMPLOYEES. Withdrawal of approval by insurance commissioner. See page 23. Manner of giving notices. See page 7. Chapteh 666, Acts of 1912. An Act relative to the insurance of compensation TO employees for personal injuries received in THE course of THEIR EMPLOYMENT. Be it enacted, etc., as follows: Section 1. The insurance commissioner may withdraw his approval of any premium or distribution of subscribers given by him to the Massachusetts Employees Insurance Association under the provisions of section seventeen of Part IV of chapter seven hundred and fifty-one of the acts of the year nineteen hundred and eleven, or of any premium or rate made by an insurance company and approved by him under the provisions of section three of Part V of said chapter seven hundred and fifty-one as amended by section seventeen of chapter five hundred and seventy-one of the acts of the year nineteen hundred and twelve. Section 2. The notices required by section five of Part I of said chapter seven hundred and fifty-one shall be given in such manner as the industrial accident board may ap- prove. Section 3. This act shall take effect upon its passage. [Approved May 28, 1912. Common- wealth shall and county, city, town or district may pay compen- sation to laborers, workmen and mechanics. Procedure and iurisdiction. Chapteb 807, Acts of 1913. An Act to provide for compensating certain public employees for injuries sustained in the course of their employment. Be it enacted, etc., as follows: Section 1. The commonwealth shall and any county, city, or town, or district having the power of taxation, may pay the compensation provided by Part II of chapter seven hun- dred and fifty-one of the acts of the year nineteen hundred and eleven and acts in amendment thereof and in addition thereto to such laborers, workmen and mechanics employed by it as receive injuries arising out of and in the course of their employment, or, in case of death resulting from any such injury, may pay compensation as provided in sections six, seven and eight of said Part II, and in any amendments thereof, to the persons thereto entitled. Section 2. Procedure under this act and the jurisdiction of the industrial accident board shall be the same as under the provisions of said chapter seven hundred and fifty-one, COMPENSATING CERTAIN PUBLIC EMPLOYEES. 31 and the CommonweaPth or a county, city, town or district which accepts the provisions of this act shall have the same rights in proceedings under said chapter as the association thereby created. The treasurer and receiver general, or the payment of treasurer or officer having similar duties of a county, city, <»mpensat»on. town or district which accepts the provisions of this act, shall pay any compensation awarded for injury to any per- son in its employment upon proper vouchers without any further authority. Section 3. Counties, cities, towns, and districts having Howprovi- the power of taxation, may accept the provisions of this act J^Sf *"* by vote of a majority of those legal voters who vote on the question of its acceptance at an annual meeting or election as hereinafter provided. In towns and districts which have an annual meeting of the legal voters, this act shall be sub- mitted for acceptance to the voters of the town or district at the next annual meeting after its passage. In cities, and in towns which do not have annual meetings, this act shall be submitted to the voters at the next municipal election, and in counties and in districts which do not have an an- nual meeting, at the next state election after its passage. At every such election, and at every annual meeting where Form of ballots are used, the following question shall be printed on ''^°*- the ballot: "Shall chapter of the acts of nineteen hundred and thirteen, being an act to provide for compensating laborers, workmen and mechanics for injuries sustained in public em- ployment, and to exempt from legal liability counties and municipal corporations which pay such compensation, be accepted by the inhabit- ants of this (county, city, town, water district, fire dis- trict, etc.) of ?" The vote shall be canvassed by the county commissioners, city council or commission, or selectmen, or, in the case of a district, by the district commissioners or other governing board of the district. A notice stating the result of the vote Notice of shall be posted in the county court house, or city or town '™"" °' ''°**- hall, or, in the case of a district, in the public building where the employees of the district are paid. Except as provided in section four, a county, city, town or district which accepts the provisions of this act shall not be liable in any action for a personal injury sustained by a laborer, workman or mechanic in the course of his employment by such county, city, town or district, or for death resulting from such injury. Section 4. A laborer, workman or mechanic entering or claim or remaining in the service of a county, city, town or district, ot^^tioa &t^^* who would, if injured, have a right of action against the law. • TES. 1 NO. 1 32 COMPENSATING CERTAIN PUBLIC EMPLOYEES. Person injured shall elect whether to receive com- pensation or pension, if entitled to latter. Act applicable to all laborers, workmen and mechanics. county, city, town or district by existing law, may, if the county, city, town or district has accepted the provisions of this act, before he enters its service, or accepts them after- ward, claim or waive his right of action as provided in section five of Part I of said chapter seven hundred and fifty-one, and shall be deemed to have waived such right of action unless he claims it. Section four of said Part I shall apply to actions by laborers, workmen or mechanics em- ployed by a county, city, town or district which accepts the provisions of this act. Section 5. Any person entitled to receive from the com- monwealth or from a county, city, town or district the compensation provided by Part II of said chapter seven hundred and fifty-one, who is also entitled to a pension by reason of the same injury, shall elect whether he will receive such compensation or such pension, and shall not receive both. In case a person entitled to such compensation from the commonwealth or from a county, city, town or district receives by special act a pension for the same injury, he shall forfeit all claim for compensation, and any compensa- tion received by him or paid by the commonwealth or by the county, city, town or district which employs him for medical or hospital services rendered to him may be recov- ered back in an action at law. No further payment shall be awarded by vote or otherwise to any person who has claimed and received compensation under this act. Section 6. This act shall apply to all laborers, work- men and mechanics in the service of the commonwealth or of a county, city or town, or district having the power of taxation, under any employment or contract of hire, ex- pressed or implied, oral or written, including those employed in work done in performance of governmental duties as well as those employed in municipal enterprises conducted for gain or profit. For the purposes of this act all laborers, workmen and mechanics paid by the commonwealth, but serving under boards or commissions exercising powers within defined districts, shall be deemed to be in the service of the commonwealth. Section 7 [as amended by section 1 of chapter 307, General Acts of 1916]. The provisions of chapter seven hundred and fifty-one of the acts of the year nineteen hun- dred and eleven, and acts in amendment thereof and in addition thereto shall not apply to any persons in public employments other than laborers, workmen and mechanics employed by counties, cities, towns, or districts having the power of taxation, (in effect June 2, 1916.) INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES. 33 Cbapteb 813, Acts of 1913. An Act relative to industrial accidents and occu- pational DISEASES.^ Be it enacted, etc., as follows: Section 1. The state board of labor and industries and i°^^^*" the industrial accident board, sitting jointly, shall inves- employments tigate from time to time employments and places of em- ployment within the commonwealth, and determine what suitable safety devices or other reasonable means or require- ments for the prevention of accidents shall be adopted or followed in any or all such employments or places of em- ployment; and also shall determine what suitable devices Prevention of or other reasonable means or requirements for the preven- J^™^^^^ tion of industrial or occupational diseases shall be adopted diseases. or followed in any or all such employments or places of employment; and shall make reasonable rules, regulations and orders for the prevention of accidents and the preven- tion of industrial or occupational diseases in such employ- ments or places of employment. Such rules, regulations and orders may apply to both employer and employee. Section 2. Before the adoption of any rule or regulation Hearing before by the said joint board a hearing shall be given, and not less ?4°iSation°* than ten days before the hearing a notice thereof shall be published in at least three newspapers, of which one shall be published in the city of Boston. Such rules or regulations shall upon adoption be published in like manner, and shall take effect thirty days after such publication, or at such later time as the board may fix. Before the adoption of any order a hearing shall be given thereon, of which a notice of not less than ten days shall be given to the individuals, firms, corporations or associations affected thereby. Section 3. The joint board may appoint committees, on Appointment which employers and employees shall be represented, to in- <>' <»™™'tt«8- vestigate and recommend rules and regulations. Section 4. The joint board shall make such general ar- to prevent rangements between the two boards as will prevent dupli- ^pe^ion'and cation of effort but the inspection and investigation carried investigation, on by the state board of labor and industries shall be a regular and systematic inspection and investigation of all places of employment and the conditions of safety and health pertaining thereto, and the inspection and investiga- tion carried on by the industrial accident board shall be that relating to causes of injuries for which compensation may be claimed. 1 See chapter 30S, General Acts of 1916. 34 INDTTSTEIAL ACCIDENTS AND OCCUPATIONAL DISEASES. Right to enter places of employment. Physicians may be required to report Hearings open to the public. Amendment to section S, chapter 726, Acts of 1912. Industrial Accident Board inspectors. Joint board rules or regulations control. Annual ap- propriation. Section 5. Any member or employee of either board may enter any place of employment for any purpose under this act at any time when the place of employment is being used for business purposes. Section 6. The joint board may require every physician treating a patient whom he believes to be suffering from any ailment or disease contracted as a result of the nature, circumstances or conditions of the patient's employment to report such information relating thereto as it may require, within such time as it may fix, to the state board of labor and industries, and it may issue a list of such diseases which shall be regularly reported upon by physicians and may add to or change such list at any time. Copies of all such reports and all statistics and data compiled therefrom shall be kept by the state board of labor and industries, and shall be furnished on request to the industrial accident board and the state board of health. Section 7. All hearings by the joint board shall be open to the public. The chairman of the state board of labor and industries and the chairman of the industrial accident board shall act alternately as chairman of the joint board, and the said board may designate one of the employees of either board to act as secretary. Section 8. Section eight of chapter seven hundred and twenty-six of the acts of the year nineteen hundred and twelve is hereby amended by adding at the end of the first paragraph thereof the words : — or persons especially quali- fied by technical education in matters relating to health and sanitation. Section 9. The industrial accident board may appoint and remove not more than six inspectors, subject to the laws relating to the appointment and removal of employees in the classified civil service. They shall be required to pass examinations of a comprehensive and practical char- acter based upon the particular requirements of the kinds of work to be done, shall be graded in such manner as the board may deem expedient, and shall receive such salaries as the -board, with the approval of the governor and council, may fix. Section 10. If any rule or regulation made under au- thority of section eighteen of Part IV of chapter seven hun- dred and fifty-one of the acts of the year nineteen hundred and eleven conflicts with or differs from a rule or regulation of the joint board, the rule or regulation of the joint board shall prevail. Section 11. There may be expended annually by the joint board in carrying out the provisions of this act such sums as the general court may appropriate. The joint INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES. 35 board shall annually submit to the auditor of the common- wealth such statements of estimates to ^ cover its expenses as are required by section three of chapter seven hundred and nineteen of the acts of the year nineteen hundred and twelve. Section 12. The following terms and phrases, as used in Meaning o< this act, shall have the following meanings: — p^m!"^ (o) The term "employment" shall mean and include any "Employ- trade, occupation or branch of industry, any particular "'«''*•" method or process used therein, and the service of any par- ticular employer; but shall not include private domestic service or service as a farm laborer. (6) The phrase "place of employment" shall mean and "Place of em- include every place whether indoors or out or underground and the premises appurtenant thereto, into, in or upon which any employee goes or remains either temporarily or regularly in the course of his employment. (c) The terms "safe" and "safety", as used in this act, ;; Sate" and shall be held to relate to such freedom from danger to the '*'**y- life, safety and health of employees as the nature of the employment will reasonably permit. (d) The terms "industrial disease" and "occupational "induatriai" disease" shall mean and include any ailment or disease pationai^ caused by the nature, circumstances or conditions of the '^'*«**«-" employment. Section 13. Whoever violates any reasonable rule, regu- violation of lation, order or requirement made by the joint board under '««"ia*'0'«- authority hereof, shall be punished by a fine of not more than one hundred dollars for each offence. Section 14. All acts and parts of acts inconsistent here- aii acts with are hereby repealed; but this provision shall not be i2,reSd?h*°' construed to take away any of the existing powers of the repealed, industrial accident board, the board of railroad commis- sioners, the state board of health, the board of boiler rules, the boiler inspection department of the district police, or the building inspection department of the district police, or any power given to the state board of labor and industries by chapter seven hundred and twenty-six of the acts of the year nineteen hundred and twelve. Section 15. This act shall take effect upon its passage. [Approved June 16, 1913. PROMPT PAYMENT OF WORKMEN'S COMPENSATION BENEFITS. Chaptbb 308, General Acts op 1916. An Act to tkansfee to the state boakd of labor and industries certain powers and duties heretofore exercised jointly by such board and the indus- trial accident board. Be it enacted, etc., as follows: Section 1. The powers and duties of the state board of labor and industries and the industrial accident board, sit- ting jointly, in accordance with the provisions of chapter eight hundred and thirteen of the acts of the year nineteen hundred and thirteen, are hereby transferred to the state board of labor and industries. Section 2. This act shall take effect upon its passage. [Approved June 2, 1916. Insurers withdrawing ehsll deposit certain sums. Such sums shall be used to pay obligations. Chafteb 183, Genbbal Acts of 1915. An Act to secure prompt payment of workmen's compensation benefits when a foreign insurance company withdraws from this commonwealth. Be it enacted, etc., as follows: Section 1. Every foreign insurance company transact- ing the business of workmen's compensation insurance in this commonwealth shall within five days after its with- drawal from the transaction of business herein, or after the revocation of its license issued by the insurance commis- sioner or of his refusal to renew the same, deposit with a trustee to be named by the industrial accident board, an amount equal to twenty-five per cent of its obligations, incurred or to be incurred, under workmen's compensation pdlicies issued to employers in this commonwealth, and within thirty days after such withdrawal, revocation of license or refusal to renew a license, such company shall deposit with said trustee an amount equal to the remainder of such obligations, incurred or to be incurred the amount of which obligations shall be determined by the industrial accident board. The amounts so deposited shall be avail- able for the payment of the said obligations of the company to the same extent as if the company had continued to transact business in this commonwealth, and it shall be the duty of the trustee so receiving said deposits to pay such obligations of the retiring company at the times and in a manner satisfactory to the industrial accident board. FIXING RESPONSIBILITY FOR PAYMENTS. 37 Section 2 [as amended by section 1 of chapter 29, Gen- Bond shau eral Acts of 1916]. Every such foreign insurance company bo f urniahed. shall, within sixty days after the passage of this act, furnish a bond running to the commonwealth, with some surety company authorized to transact business in this common- wealth as surety, for such term and such amount and in such form and with such surety as may be approved by the insurance commissioner, the bond being conditioned upon the making by such company of the deposits required by section one of this act. The annual license of such a com- pany shall not be issued or renewed until it has filed with the insurance commissioner a bond as aforesaid covering a future period at least as long as that covered by the license. In place of a bond as aforesaid the company may furnish other security, upon a like condition, satisfactory to the insurance commissioner. (In effect March 8, 1916.) Section 3. This act shall take effect upon its passage. [ApfToved April 19, 1915. ChaJteb 244, General Acts of 1915. An Act to fix responsibility foe the payment of workmen's compensation by the commonwealth AND BY counties, CITIES, TOWNS AND DISTRICTS. Be it enacted, etc., as follows: Section 1. Every board, commission and department Agent shaU be of the commonwealth employing laborers, workmen and ^*°**^^ • mechanics, the Boston transit commission, and every county, city, town and district which has accepted the pro- visions of chapter eight hundred and seven of the acts of the year nineteen hundred and thirteen shall, through its executive officer or board, designate a person to act as its agent in furnishing the benefits due under chapter seven hundred and fifty-one of the acts of the year nineteen hun- dred and eleven and acts in amendment thereof and in addition thereto. Such agent shall be held responsible for the proper carrying out of this act under the direction and supervision of the industrial accident board until his agency is revoked and a new agent designated. The name and address of every such agent shall be filed with the in- dustrial accident board immediately upon his designation; and each of the fpregoing boards, commissions, departments, ■counties, cities, towns and districts shall designate such an agent within thirty days after this act takes effect. Section 2. This act shall not apply to counties, cities. Agent not to towns and districts which are insured under the provisions of ■f'^^?*®'* 38 woekmen's compensation insurance policies. chapter seven hundred and fifty-one of the acts of the year nineteen hundred and eleven and acts in amendment thereof. Section 3. This act shall take effect on the first day of June, in the vear nineteen hundred and fifteen. [Approved May 10, 1915. Compensation to laborers, workmen and mechanics of Boston transit commission. Chaptek 270, Special Acts op 1915. An Act relative to the compensation for injuries to workmen and mechanics in the employ of the boston transit commission. Be it enacted, etc., as follows: Section 1. Section one of chapter six hundred and thirty-six of the acts of the year nineteen hundred aild four- teen is hereby amended by inserting after the word "la- borers," in the first and ninth lines, the words: — work- men and mechanics, — so as to read as follows : — Section 1 . Laborers, workmen and mechanics employed by the Boston transit commission shall be deemed to be in the service of the city of Boston within the provisions of chapter eight hundi'ed and seven of the acts of the year nineteen hundred, and thirteen, and shall be entitled to compensation pro- vided for by that act. Such compensation shall be paid out of the proceeds of the rapid transit loans and shall be included in the net cost of the tunnel or subway in the con- struction of which such laborers, workmen and mechanics receive personal injuries arising out of and in the course of their employment. Section 2. This act shall take effect upon its passage. [Approved April 12, 1915. Chapteh 287, Genekal Acts op 1915. An Act providing that workmen's compensation in- surance POLICIES SHALL BE SUBJECT TO APPROVAL BY THE INSURANCE COMMISSIONER. I Be it enacted, etc., as follows: Section 1. Every policy of workmen's compensation insurance issued or delivered in this commonwealth shall cover separately and for a separate consideration all the liabilities which are imposed upon an insurer by the pro- visions of chapter seven hundred and fifty-one of the acts of the year nineteen hundred and eleven and amendments thereof, whatever other contingencies may be insured by riders attached thereto or endorsements made thereon. On workmen's compensation and uabiutt insurance. 39 the face of every such policy there shall be printed con- spicuously the words: "Insurance under this policy is in Class of the company's Workmen's Compensa- tion Classification Manual", and in the blank thus provided the number or other designation in said manual under which the said policy is written shall be placed before the policy is issued. Section 2. No such policy of insurance or rider to be Workmen's used therewith shall be issued or delivered until a copy S^aMB*'°° thereof has been filed with the insurance commissioner at toapOTo«j''"'* least thirty days prior to such issue or delivery, unless of insurance before the expiration of the thirty days the said commis- '=°™™™'°°®'- sioner shall have approved the form of the policy in writing; nor if the insurance commissioner notifies the company in writing that in his opinion the form of said policy or rider does not comply with the laws of this commonwealth, specifying the reasons for his opinion: provided, that upon petition of the company the opinion of the insurance com- missioner shall be subject to review by the supreme judicial court of this commonwealth. Section 3. This act shall take effect on the first day of July, in the year nineteen hundred and fifteen. [Approved May 27, 1915. Chapteh 200, General Acts of 1916. An Act relative to workmen's compensation and LIABILITY insurance. Be it enacted, etc., as follows: Section 1. Any mutual liability company authorized to workmen's do business in this commonwealth may, with the approval an^uSity" of the insurance commissioner, have and exercise any or insurance, all of the rights, powers and privileges relating to the transaction of the business of workmen's compensation insurance by law vested in or conferred upon the Massa- chusetts Employees Insurance Association. Section 2. The Massachusetts Employees Insurance Association may with the approval of the insurance com- missioner have and exercise, within or without the com- monwealth, all of the rights, powers and privileges vested in or conferred upon, domestic mutual liability companies under general laws, and shall be subject to all the laws now or hereafter in force relating to such companies. Section 3. This act shall take effect upon its passage. [Approved May 12, 1916. 40 COMPENSATION POLICIES. Chapter 125, Genbbai, Acts of 1918. An Act to pkovide fok compensating cektain pebsons, employed on the bridges between boston and cambeidge, foe injueies eeceived in the course of their employment. Be it enacted, etc., as follows: Compensation SECTION 1. Laborers, workmen, mechanics, drawtenders perrons'" and assistant drawtenders employed' in the management briSLer*' °" and maintenance of the bridges between the cities of Boston between Boston and Cambridge shall be entitled to the compensation pro- am n ge. ^jgj £^j. ^y chapter eight hundred and seven of the acts of nineteen hundred and thirteen, and acts in amendment thereof, for injuries received in the course of and 'arising out of their employment. The said compensation shall be paid in the manner specified in section fourteen of chapter four hundred and sixty-seven of the acts 9f eighteen hundred and ninety-eight and any amendment thereof for the mainte- nance, policing, support, management and repair of the said bridges. Section 2. The commission in charge of the said bridges shall designate a person to act as its agent in furnishing the benefits provided for by this act in accord- ance with the provisions of chapter two hundred and forty- four of the General Acts of nineteen hundred and fifteen. Section 3. This act shall take effect upon its passage. [Approved April 2,. 1918. Chaptee 216, General Acts op 1918. An Act relative to the issue of joint and several workmen's compensation policies by insurance companies. Be it enacted, etc., as follows: Joint and SECTION 1. Two or more insurance companies author- severa po cies. .^^^ ^^ make such insurance in this commonwealth may unite in issuing joint and several workmen's compensation policies, subject to approval by the insurance commissioner as provided in chapter two hundred and eighty-seven of the General Acts of nineteen hundred and fifteen, in which case the policies may be headed by the names of all the com- panies assuming the joint and several obligations under the contract. Section 2. This act shall take effect upon its passage. [Approved May 21, 1918. TRAINING OF DISABLED SOLDIERS AND SAILORS. 41 Cbaftsb 230, Genebal Acts of 1918. An Act to provide for the training and instruction of disabled soldiers and sailors by the common- wealth and by the federal government. Be it enacted, etc., as follows: Section 1. For the purpose of fitting for employment Scope of law. in the industries of the commonwealth, and of making self- supporting and independent of charitable aid soldiers and sailors who have been or may become disabled or diseased in the present war service of the United States or of its allieSj and who are residents of the commonwealth at the time of their discharge, or within one year thereafter, and continue to be residents while receiving the benefits of this act, the board of education is hereby directed to establish a division for their training and instruction. Section 2. Said division shall consist of a qualified Plan of executive head, appointed by the board of education, and °'^^'^^^'°'^- an advisory board. The advisory board shall consist of the commissioner of education, who shall be chairman, the surgeon general, the commissioner of health, the director of the bureau of statistics, the director of mental diseases, the chairman of the industrial accident board, and the super- visor of administration, ex ofl5.ciis, and nine other persons who shall be appointed by the governor, with the advice and consent of the council, and shall serve without compen- sation. The director of the bureau of statistics shall be the executive secretary of the board. Section 3. The governor, with the advice and consent Traneferof of the council, is hereby authorized to transfer, either '■*=°""''^^- wholly or in part, to the board of education, for the use of said division, the upe and custody of any state hospital, school or workshop, including its equipment and employees, or any other suitable resources of the commonwealth, for a period not exceeding the duration of the present war and two years after its termination as defined by federal au- thority. Section 4. The board of education, acting through said Authority to division, is hereby empowered to make reasonable agree- Sduties. ments for the use of available facilities for the purposes of this act, to provide such facilities where they are needed and to employ qualified persons to teach or supervise the soldiers and sailors seeking re-education or training under the provisions of this act. Section 5. The governor, with the advice and consent power to of the council, may lease to, or permit to be used by, the lease or loan United States or any department, bureau or agency thereof, United states. 42 TRAINING OF DISABLED SOLDIERS AND SAILORS, any state hospital, school, workshop and its premises and equipment, or any other suitable resources belonging to the commonwealth for the purpose of enabling the United States to carry on the re-education and rehabilitation in industry of any soldiers and sailors in the service of the United States or of its alhes, and may assign to the United States or its agents any agreement or contract entered into by the board of education or by said division for carrying out the purposes of this act, upon such terms and conditions as will fully protect the commonwealth against expense. Section 6. To carry out the provisidns of this act, there may be expended from the treasury of the commonwealth such amounts as shall annually be appropriated by the general court, but, during the present fiscal year, not more than ten thousand dollars. SSCTION 7. This act shall take effect upon its passage. [Approved May 28, 1918. RULES. 43 RULES ADOPTED BY INDUSTRIAL ACCIDENT BOARD. Rule No. 1. Manner oj giving Notice by Employer of Acceptance of the Act. If personal service is not made of the notices required by sections 20 and 21 of Part IV, chapter 751 of the Acts of 1911, and the amendments thereto, said notices may be given by posting the same at one or more of the principal entrances to the factory, shop or place of business of the employer, and in each room where labor is employed; said notices to be printed or typewritten. Supplement to Rule 1. It has been represented to the Industrial Accident Board that it is possible that employees may be engaged for labor away from the office or headquarters of the subscriber, or may be employed in more than one place or office, and that in these cases personal notice is not always possible or practical. To meet this situation the Board has passed the following supplement to Rule No. 1 : — Where the same employees are employed in more than one room in a build- ing, or in various places, or where employers are engaged in such business as that of managing office buildings, and personal service of the notices required by sections 20 and 21, Part IV, chapter 751 of the Acts of 1911, and amend- ments thereto, is not made, said notices can be served by posting the same at one or more of the principal entrances to each building so managed, or where labor is employed, or by posting the same in a conspicuous place near any time clock or other registering device which employees in any such building are required to use, or by posting the same at the entrance to the office of the jani- tor of said building, or by posting the same at the place where the employee is hired. Rule No. 2. Manner of giving Notice by Employee to Employer. In each instance the notice shall be served upon the employer, or upon one employer if there are more employers than one, or upon any officer or agent of a corporation if the employer is a corporation, by delivering the same to the 44 RULES. person on whom it is to be served, or by leaving it at his residence or plac6 of business, or by sending it by registered mail addressed to the person or corporation on whom it is to be served, at his last known residence or place of business. (Section 5, Part I, chapter 751 of the Acts of 1911, and amend- ments thereto.) Rule No. 3. Report of Accidents by Association or Insurance Companies to the Board. That the association and liability insurance companies report to it all acci- dents within five days after receipt of notice thereof by them from any sub- scriber, by sending to the Industrial Accident Board a list or brief state- ment of the same. Rule No. 4. Additional Copy of Employee's Claim for Compensation to be sent to Insurance Association or Company. An employee making a claim for compensatipn under this act shall furnish the association or insiu'ance company against whom said claim is made with a copy thereof by mail or otherwise forthwith, upon the filing of the same with the Industrial Accident Board. This rule shall be without prejudice to any rights acquired by the filing of said claim with the Board under the provisions of Part II, section 23, chapter 751 of the Acts of 1911, and amendments thereto, or by other provisions of said act. Rule No. 5. Insurance Association and Companies to notify Industrial Accident Board of Employers who insure or cease to insure. That the 'insurance association ,and all liability insiu:ance companies shall notify the Industrial Accident Board of the names and addresses of all em- ployers who insure their liability under the workmen's compensation act, notice to be given forthwith upon the issuance of such insiu-ance and a further notice to be given when employers cease to be so insured. Rule No. 6. Agreements between the Insurer and Employee. Every agreement in regard to compensation imder this act is subject to approval by the Industrial Accident Board, and a memorandum of the same must be filed with the Board, whether said agreement is written or oral, and whether it is made by one or both parties, or in the form of a receipt. Any weekly payment or settlement under the act, whether purporting to be final or otherwise, may be reviewed by the Board. (Section 20, Part II, and sec- RULES. 45 tions 4 and 12, Paxt III, chapter 751 of the Acts of 1911, and amendments thereto, and rule adopted by the Board.) The above paragraph of this rule shall be written or printed at the head of every agreement regarding compensation, and of every receipt taken by the insurer from the employee. Rule No. 7. Employer to file Notice of Insurance with the Board. Every employer shall file with the Industrial Accident Board a copy of the form of notice, including the signature thereto, which he has given to his em- ployees that he has insured under this act. Rule No. 8. Employer to notify Employees of Change of Insurer. Every employer shall notify his employees of any change of insurer by serving or posting a new " notice to employees," stating the name of the new insurance company or association insuring his liability under this act, and filing a copy of such notice with the Industrial Accident Board. 46 FORMS. FORMS ADOPTED BY INDUSTRIAL ACCIDENT BOARD. Form No. 1. Workmen's Compbnsatiom Act Industrial Accidbnt Board Boston, Mass. Notice to Employees. As required by chapter 751 of the Acts of 1911, Commonwealth of Massa- chusetts, and amendments thereto, entitled "An Act relative to payment to employees for personal injuries received in the course of their employment, and to the prevention of such injuries." This will give you notice that I (we) have provided for payment to our injured employees under the above act by insuring with the Insurance Co. Insert address of company here. Date Name of employer. City or town. Street and number. Form No. 2. Workmsn's Compbnsatioh Act IndusTbial Accidbnt Board Boston, Mass. Notice of Claim of Common Law Rights. m . To Name of employer. This is to notify you that I claim my right of action at common law to re- cover damages for personal injuries. This notice is ^ven to you under the Acts of 1911, chapter 751, section 5, Part I, and amendments thereto. Signature of employee. Address, City or Toirn, Street and No. FOEMS. 47 FoBM No. 3. Wobkmeh's Cohfbnbatioh Act Ihdustbiazj Accident Board Boston, Mabb, Notice of Waiver of Rights under Common Law previotisly claimed. 191 . To Employer. This is to notify you that I waive my rights under the common law pre- viously claimed by former notice, and now claim my rights under the work- men's compensation act. This notice is given to you under the Acts of 1911, chapter 751, section 5, Part I, and amendments thereto. Signature of employee. Address, City oi town, street and No. FoBM No. 4. Wobemeh's Coufensatioh Act Indubtbiai. Accident Boabd Boston, Mass. Whenever any weekly payment has been continued for not less than six months, the liability therefoi may in unusual cases be redeemed by the payment of a lump sum by agreement of the parties, sub- ject to the approval of the Industrial Accident Board. (Section 22, Fart II, chapter 751, Acts of 1911, and amendments thereto.) Agreement for redeeming lAahility by Payment of Lump Sum. Received of , . Name of insurer. the lump sum of dollars and cents, making in all, with weekly payments already received by me, the total sum of dollars and cents, a weekly payment having been continued for not less than six months. Said pajrments are received in redemption of the liability for all weekly payments now or in the future due me under the Massa- chusetts Workmen's Compensation Act, for all injuries received by me on or about the day of , 191. ., while in the employ of , subject to Name of employer and address. the approval of the Industrial Accident Board. Witness my hand this day of , 191. .. Witness Address . Name. Name of employee. City or town. City or town. Street and number. Street and number. Date. Name of insurance association or company. Per 48 FOKMS. FoBu No, 5. Wobkmbh's Coupensation Act Indtibtbiaii Accident Boabd Boston, Mass. Notice that an Employer has ceased to be a Sxibscriber. Section 21, Part IV, chapter 751, Acts of 1911, as amended by section 16, chapter 571, Acts of 1912, provides that when an employer ceases to be a sub- scriber, he shall, on or before the day on which his policy expires, give notice thereof in writing or print to all persons under contract of hire with him, and he shall file a copy of said notice with the Industrial Accident Board. In case of the renewal of the policy, no notice is required. Following is the form: — Notice. This is to give you notice that I (we) have ceased to be a subscriber in any insurance company, under chapter 751, Acts of 1911, and amendments thereto, and that the policy formerly held by me expired or is to expire Name of employer. Address, '. City or town, street and No. FoBM No. 6. Wobehen'b Coupensation Act Ihdustbial Accident Boabd Boston, Mass, Notice to Industrial Accident Board that an Injured Employee has refused to submit Himself to an Examination. You are hereby notified that Name of employee. Street and No. City or Town. who was injured on or about while in the employ of Date at Name of employer. Place. has refused to submit himself to an examination, as required under the pro- visions of section 19, Part II, chapter 751 of the Acts of 1911, and amend- ments thereto. Name of insurance association or company. Per 191 City. FORMS. 49 Form No, 7, Wobkuen's Compensation Act. THE COMMONWEALTH OF MASSACHUSETTS. lNDt7STRIAL ACCIDENT BOAHD, New Albion Buildihq, 1 Beacon St., Boston, Mass. Notice to Employee from Industrial Accident Board relative to his Refusal to submit Himself to an Examination. To Street and No. City or town. The Name of insurance company. has notified the Industrial Accident Board, under date of 191 . . , that you have refused to submit yourself for examination, as required by section 19, Part II, chapter 751, Acts of 1911, and amendments thereto. Your attention is called to the terms of the act which provides: — "After an employee has received an injury, and from time to time thereafter ... he shall . . . submit himself to an examination by a physician or surgeon . . . furnished and paid for by the association or subscriber. The employee shall have the right to have a physician provided and paid for by himself present at the examination. If he refuses to submit himself for the examination, or in any way obstructs the same, his right to compensation shall be suspended, and his compensation during the period of suspension may be forfeited." INDUSTRIAL ACCIDENT BOARD, By 50 FORMS. FoBu No. 8. Wobembn'b Compensation Act Industrial Accident Boabd Boston, Masb. Every agreement in regard to compensation under this act is subject to approval by the Industrial Accident Board, and a memorandum of the same must be filed with the Board, whether said agreement is written or oral, and whether it is made by one or both parties, or in the form of a receipt. Any weekly payment or settlement under the act, whether purporting to be final or otherwise, may be reviewed by the Board. (Section 20, Fs^rt II, and sections 4 and 12, Fart III, chapter 751 of the Acts of 1911, and amendments thereto, and Rule No. 6 adopted by the Board.) , Employee, , Insurer. Agreement in itegard to Compensation, We, , residing at Name and address of injured employee. city or town of ^ and the Name and addresa of insurance association or company. have reached an agreement in regard to compensation for the injury sustained by said employee while in the employ of Here insert name and address of employer. Here insert the time, including hour and date of accident* the place where it occurred, the nature and cause of injury, and other cause or ground of claim. The terms of the agreement follow: (Here state the sum per week agreed upon subject to the terms of the Act.) Witness. Name of injured employee. City or town, street and number. Name of insurance association or company. Per Date. FORMS. 51 FoBM No. 9. Workmen's CoupENaATiON Act Industrial Accident Board Boston, Mass. Note. — This claim is to be filed with, the Industrial Accident Board and may be sent by mail; at the time of filing, a copy thereof should also be sent by the employee to the insurance association or com- pany. The claim should be made within six months after the occurrence of the injury. (Chapter 751, Part II, section 15, and section 23, as amended by Acts of 1912, cliapter 571, section 5.) Claim for Compensation for Injury, This is to notify you Name of association or company with which employer is insured. that I claim compensation from you under the workmen's compensation act, chapter 751, Acts of 1911, and amendments thereto, for personal injury sus- tained while in the employ of .of Name of employer. Street and number. The time of my injury was City or town. Here state date and time of day as near aa possible. The place of injury was State name or description of building, or place, where injury was siistained. The cause * of my injury was Describe cause of injury. The nature of my injury is ajs foUows: Describe injury with such exactness as possible. Signature of injured employee. Street and number. City or Town. Date of making this claim. > If it is claimed that the injury was caused by the serious and wilful misconduct of tbeemployer, oi of any person regularly entrusted with or exercising the powers of superintendence, it is requested that it be stated in this claim for compensation, setting forth in the alleged cause, in general terms, in what the serious and wilful misconduct of the employer or superintendent consisted. - Section 14 of Part III of this act provides that if any proceedings are brought, prosecuted or defended under this act without reasonable ground, the whole cost of the proceedings shall be assessed upon the party who has so brought, prosecuted or defended them. 52 FORMS. FoBM No, 10. Workmen's Compensation Act Industrial Accident Board Boston, Mass. Uoder sections 15, 16 and 17, Fart II, chapter 751, Acts of 1911, and amendments thereto, notice of the time, place and cause of the injury must be given to the employer or the association or the liability in- surance company, as soon as practicable after the happening thereof. The following is a form of the notice to be given under the above sections. Notice of Injury. This is to notify you Name of employer, or insurance association or company, that on the day of , 191 , at about . .o'clock, ,1 received personal injury while in your employ in the city (town) of a.m. or p.m. in the Name or description of building or place of employment. and that the accident was caused to me by reason of Describe cause of injury. Name of employee. City or town. Address Street and number. Form No. 11. Workmen's Compensation Act Industrial Accident Board Case No. , Boston, Mass. , Employee. , Employer. , Insurer. iieport of Member of Industrial Accident Board. The member of the Industrial Accident Board appointed under the provisions of Part III., sections 5 and 7, chapter 751, Acts of 1911, and amendments thereto, having heard the parties in the above-named case at (place) Mass., on (day), (date), 1917 at p,m,, reports as follows: Appearances : FORMS. 53 Form No. 12, Workmen's Compensation Act Industrial Accident Board Boston, Mass. Application for Review of Claim before Full Board. To the Inditstrial Accident Board, Boston, Mass. The undersigned, as provided in Part III, sections 7 and 10, chapter 751 of the Acts of 1911, and amendments thereto, makes application for a review of the findings of the member of the Board in the claim of This claim for a review is based on the following grounds: 191... Note. — "No party shall as a matter of rfght be entitled to a second hearing on any matter of fact." Form No. 13. Workmen's Compensation Act Inditstbial Accident Board Boston, Mass. Notice assessing Cost of Proceedings before Industrial Accident Board or Member of Board upon Party prosecuting or defending Same vrithout Reasonable Grounds. , Employee. , Insurer. To You are hereby notified that the proceedings before the .' . . . Industrial Accident Board, or member of Board, as case may be. on the above-entitled claim, have been determined by said member of Board, or Board, to have been by you without reasonable groimds. Prosecuted or defended. and that the costs, amounting to $ , are assessed against you. Respectfully, INDUSTRIAL ACCIDENT BOARD, or MEMBER OF BOARD, By 54 FOKMS. Form No. U. Wobkmen's Compensation Act Inddstbiai. Accident Boabo Boston, Mass. Every agreement in regard to compensation is subject to approval by the InduBtrial Accident Board, and a memorandum of the same must be filed with the Board, whether said agreement is written or oral, and whether it is made by one or both parties, or in the form of a receipt. Any weekly payment or settlement under the act, whether purporting to be final or otherwise, may be reviewed by the Board. (Section 20, Fart II, and sections 4 and 12, Part III, chapter, 751 of the Acts of 1911, and amendments thereto, and rule adopted by the Board.) Receipt on Account of Compensation, Received of Name of insurer. the sum of dollars, and cents, being the proportion of my weekly wages for the period from the day of , 191. ., to the day of. , 191 . . , under the Massachusetts Workmen's Com- pensation Act, subject to review by the Industrial Accident Board. Employee. Street and No. City or Town. FORMS. 55 Form No. 15. Wobembit'b CoMransATioN Act Industbiai. Accident Board BOSTOX* Ma89. Every agreemeat in regard to compensation under thia act ia subject to approral by the Industrial Accident Board, and a memorandum of the same must be filed with the Board, whether said agreemeiit is written or oral, and whether it is made by one or both parties, or in the form of a receipt. Any weekly payment or settlement under the act, whether purporting to be final or otherwise, may be reviewed by the Board. (Section 20, Fart II, and sections 4 and 12, Fart III, .chapter 751 of the Acts of 1911, and amendments thereto, and Rule No. 6 adopted by the Board.) Settlement Receipt. Received of Name of insurer. the sum of dollars and cents, making in all, with weekly payments already received by me, the total sum of dollars and cents, in settlement of compensation under the Massa- chusetts Workmen's Compensation Act, for all injuries received by me on or about the day of , 191.., while in the employ of Name of employer, city or town, street and number. subject to approval and review by the Industrial Accident Board. Witness my hand this .day of , 191.. . Witness ^ Name. Name of employee. Address Street and number. Street and number. City or town. City or town. 56 FORMS. Form No. 16. Workmen's Compensation Act Industrial Accident Board Boston, Mass. , Employee. , Employer. , Insurer. Notice of Failure of Parties to Reach an Agreement. Industrial Accident Board, Boston, Mass. I, respectfully notify you in accordance with sections 5, 7 and 12, Part III, of said Act, that the above-named parties have failed to reach an agreement in regard to compensa- tion, and request a hearing by a member of the Board. We have been unable to agree because (here follows brief statement of the cause of disagreement).^ Name of party giving notice. Address, street and number, city or town. Date of notice. Date of injury. * If the cause of disagreement is not stated, we shall be obliged to return this form for such statement. FORMS. 57 Form No. 17. Workmen's Compensation Act Indttstrial Accident Board Boston, Mass. Note. — No application for permission to terminate compensation payments will be considered unless the agreement in regard to compensation has been filed with the Board. Date , Employee. , Employer. , Insurer. Date of injury. Date of last payment. Nature of injury. Application for Discontinuance of Compensation Payments. The insurer hereby applies to the Industrial Accident Board, or a member thereof, as pro\dded by Part II., section 4, of the Workmen's Compensation Act, for permission to discontinue compensation payments in the above case. This appUcation is based upon the following grounds: — (Signed.) Name of insurer. By Memorandum of Disposition of Application by Board. Approved. Disapproved. Date. INDUSTRIAL ACCIDENT BOARD, By Remarks: Missing Page Missing Page Missing Page Missing Page 62 INDEX. ADDITIONAL COMPENSATION. See Compensation, Additional. paqb ADMINISTRATOR (see Part II., section 13) 12 AOENT: not to be appointed if insured. General Acta of 1915, chapter 244, section 2, . , .37 to be designated to furnish benefits of act to public employees. General Acts of 1915, chap- ter 244, section 1, 37 AGREEMENTS: approved by Industrial Accident Board, section 4, Part III., ...... 16 failure to reach, section 5, Part III., ......... 16 memorandum of, approved by Industrial Accident Board, shall have effect during pendency of appeal, chapter 132, Acts of 1915 21 memorandum of, filed with Industrial Accident Board, section 4, Part III., ... 16 to waive right to compensation not valid, section 20, Part II., ..... 13 APPEAL: compensation to be paid during pendency of, chapter 132, General Acts of 1915, . . 21 court decrees and, section 11, Part III., ......... 18 APPEALED CASES: interest on payments in, section 24, Part II., ........ 14 ASSESSMENT: of coBt of proceedings brought without reasonable ground, section 14, Part III., . . 19 ASSOCIATION, MASSACHUSETTS EMPLOYEES INSURANCE, sections 1-24, Part IV 21-24 , ATTORNEYS: fees of, subject to approval of Industrial Accident Board, section 13, Part III., . . 18 "AVERAGE WEEKLY WAGES:" definition of, section 2, Part V., ........... 25 of young and inexperienced workmen (see chapter 236, General Acts of 1915), ... 26 BOARD OF EDUCATION: to establish division for training and instruction of disabled soldiers and sailors, . . , 41 BOOKS AND RECORDS: examination of, by Industrial Accident Board, section 3, Part III., ..... 15 Superior Court to enforce examination of, section 3, Part III., ..... 15 BOSTON TRANSIT COMMISSION: laborers, workmen and mechanics entitled to compensation, chapter 270, Special Acts of 1915 38 shall designate an agent to furnish benefits, section 1, chapter 244, General Acts of 1915, . 37 BRANCH OFFICES; may be estabhshed and maintained by Industrial Accident Board, section 8, Part V., . 27 CHILDREN: under eighteen are dependents, section 7 (c). Part II., ....... 9 CITIES: act to fix responsibility for payment of compeneation to employees of, chapter 244, General Acts of 1915 37 laborers, workmen and mechanics of, entitled to compensation. Acts of 1913, (diapter 807, sections 1-7, ............. 30 CLAIM FOR COMPENSATION (see sections 15 and 23, Part II.) 12,14 CLAIM FOR REVIEW: time for filing, section 7, Part III., .......... 17 COMMISSION TO TAKE DEPOSITION (see section 3, Part III.), .15 INDEX. 63 COMMON LAW: i page defeDsea modified, section 1, Part I.i ......... • 7 COMMON LAW RIGHTS: manner of giving notice of, section 5, Part I., and section 2, chapter 666, Acts of 1912, . 7, 30 waiver by employee of, section 5, Part I., ........ 7 waiver of, and manner of giving notice, section 5, Part I., ..... . 7 COMMONWEALTH OF MASSACHUSETTS. See Massachusetts, Commonwealth of. COMPENSATION: additional, for specified injuries, section 11, Part II., ....... 11 agreements in regard to, to be filed with the Industrial Accident Board, section 4, Part III., - . 16 beginning of, section 4, Part II., ........... 8 claim for, sections 15 and 23, Part II., . . . . . . . . . . 12, 14 claim for, failure to make, sections 15 and 23, Part II., ... ... 12, 14 discontinuance of, section 4, Part II., .... . .8 double, when injury due to serious and willful misconduct of subscriber, section 3, Part II .... 8 failure to reach agreement in regard to, section 5, Part III., ..... 16 in imusual cases, by lump sum, section 22, Part II., .... . .13 laborers, workmen and mechanics of Boston Transit Commission entitled to, chapter 270, Special Acts of 1915, .... 38 laborers, workmen, mechanics, drawtenders and assistant drawtenders employed on bridges between Boston and Cambri<^ge, entitled to, chapter 125, General Acts of 1918, . 40 no payments of, assignable or subject to attachment, section 21, Part II., ... 13 not payable, if injured employee is guilty of serious and willful misconduct, section 2. Part II., .... 8 payments for total and partial incapacity, sections 9 and 10, Part II., .... 10 period of payments, sections 9 and 10, Part II., ........ 10 proceedings for, notice must be given and claim made, sections 15 and 23, Part II., . . 12, 14 pubUc employees entitled to. Acts of 1913, chapter 807, sections 1-7, .... 30 right of employee to, if employer is a subscriber, section 1, Part II., .... 8 ^ shall be suspended, if examination by physician of subscriber or association is obstructed or refused, section 19, Part II., .... ..... 13 to be paid despite appeal until otherwise ordered, chapter 132, General Acts of 1915, . 21 to whom payable in case of death, section 13, Part II., ...... 12 waiver of, not valid, section 20, Part II., ......... 13 CONTRACTORS, INDEPENDENT: employees of, section 17, Part III., .......... 19 COSTS: assessment of, section 14, Part III., .......... 19 COUNTIES : act to fix responsibiUty for payment of compensation to employees of, chapter 244, General Acts of 1915, 37 laborers, workmen and mechanics of, entitled to compensation, chapter 807, Acts of 1913, sections 1-6, ............. 30 CRIPPLES (see chapter 231, General Acts of 1918), . . . . . 28 DEATH: compensation, to whom payable, in case of, section 13, Part II., ..... 12 payment of burial expenses in case of, section 8, Part II., . . . 10 provisions in case of, section 6, Part II., ......... 9 DECISIONS: enforcement of, section 11, Part III., ... . . . . . . . .18 of Industrial Accident Board, section 10, Part III., 17 of Industrial Accident Board or arbitration committee shall have effect during pendency of appeal, chapter 132, General Acts of 1915, 21 of member of Board, section 7, Part III., . ••..... 17 64 INDEX. DEFENSES: ^agb removed, section 1, Part I., ...... • ... 7 DEFINITIONS: of "aaaociation," .......•■ ... 26 of "average weekly wages,'' ......••••• 25 of "dependents," .........-••• 25 of "employee," .........••••• 25 of "employer," ........•••■•• 25 of phrase "place of employment" (6), ...... . . 35 of "subscriber," ....,....■••• 26 of term "employment" (a), ........... 35 of terms "industrial" or "occupational disease" (d), ....... 35 of terna "safe" and "safety" (c), .......... 35 DEPENDENCY: all other questions of* section 7, Part II., ......... 9 children under eighteen, section 7 (c). Part II., . . ..... 9 husband upon wife, section 7 (&), Part II., ..... ... 9 wife upon husband, section 7 (o), Part II., ......... 9 •DEPENDENT:" definition of, section 2, Part V., ........... 25 DEPENDENTS: compensation of, section 6, Part II., ..... definition of, section 7, Part II., and section 2, Part V., . partial payments divided, section 6, Part II., payment of biu-ial expenses to dependents, section 8, Part II., when none, section 8, Fart II., . . . 9 9.25 9 10 10 DEPOSITIONS: power to secure the issuing of commissions to take, section 3, Part III., .... 15 DISTRICT POLICE, MASSACEITSETTS: Boiler Inspection Department of, to retain all existing powers, Acts of 1913, chapter 813, section 14, .............. 35 DISTRICTS: act to fix responsibility for payment of compensation to employees of, chapter 244, General Acts of 1915, . • 37 laborers, workmen and mechanics of, entitled to compensation. Acts of 1913, chapter 807, sections 1-7, ............. 30 DOMESTIC SERVANTS AND FARM LABORERS: not applicable to, for personal injuries, section 2, Part I., ..... . 7 EMPLOYEES: acceptance of compensation by, shall constitute release of subscriber from claims at law, section 1, Part V., ..... . ..... 25 additional compensation for specified injuries to, section 11, Part 11., .... II agreement to waive rights to compensation by, not valid, section 20, Part II., ... 13 compensation shall be suspended, if examination obstructed or refused, section 19, Part II 13 definition of "employee," section 2, Part v., ........ 25 employed in the management and maintenance of bridges between Boston and Cambridge entitled to compensation, chapter 125, Gener^ Acts of 1918, . ... 40 examination of, section 19, Part II., section 8, Part III., . . . . . . 13, 17 examination of, by impartial physician appointed by Industrial Accident Board, section S, Part III 17 examination of, by physician of subscriber or association, section 19, Part II., ... 13 may receive double compeiisation if injury is due to serious and willful misconduct of em- ployer, section 3, Part II., .... ...... 8 INDEX. 65 EMPLOYEES — Concluded. page may select phyaician other than one provided by association, section 5, Part II., 8 medical and hospital services and medicines shall be furnished to, section b. Fart 11., . S natural wage increase may be taken into consideration in considering weekly wage of young and inexperienced, chapter 236, General Acts of 191fi, ...... 26 of independent contractors, section 17, Part III., .... ... 19 partial incapacity of, section 10, Fart II., ......... 10 payment of compensation to, not assignable, section 21, Fart II., ..... 13 payment to, in unusual cases, by lump sum, section 22, Part II., ..... 13 present defenses in actions at law against subscribers to remain, sections 2 and 3, Part I., . 7 public, entitled to compensation, Acta of 1913, chapter 807, sections 1-7, .... 30 right of, to have own physician present at examination by physician of subscriber or associa- tion, section 19, Part II,, ...... .... 13 savings of, not to be considered in determining compensation, section 12, Fart II., . . 12 total incapacity of, section 9, Part II., ....... . . 10 training and education of incapacitated employees, chapter 231, General Acts of 1918, 28 EMPLOYERS: definition of "employer," section 2, Part V., ........ 25 release of, from claims at law, section 1, Part V., . . . . . . . .25 shall keep records of injuries, section 18, Part III., ...... 20 shall make report of injuries and supplemental reports to Industrial Accident Board, section IS, Fart III.. 20 EMPLOYMENT: any member of Joint Board has right to enter places of, section 5, chapter 813, Acts of 1913 34 meaning of phrase "place of employment," section 12 (6), chapter 813, Acts of 1913, . 35 meaning of term, section 12 (a), chapter 813, Acts of 1913, ...... 35 places of, to be investigated by Joint Board, section 1, chapter 813, Acts of 1913, . 33 EXAMINATIONS: by Industrial Accident Board of books and records, section 3, Fart III., medical, section 19, Fart II.; section 8, Fart III Superior Court to enforce, of books and records, section 3, Fart III., 15 . 13, 17 15 EXPENSES: burial, payment of, section 8, Part II., ... . ... 10 of Industrial Accident Board, section 2, Part III 15 of Joint Board, section 11. chapter 813, Acts of 1913. . . 34 witnesses, fees, travelling, etc., section 3, Fart III., ....... 15 EYES: additional compensation for reduction to one-tenth of normal vision, section 11 (a) and (6), Part II 11 FARM LABORERS AND DOMESTIC SERVANTS: not applicable to, for personal injuries, section 2, Part I., ..... . 7 FATAL INJURY: compensation paid for, section 6, Fart II., FEES: of attorneys and physicians, subject to approval of Industrial Accident Board, section 13, Part III., of witnesses, section 3, Part III., ........... ]8 15 FEET: additional compensation for loss by severance of, section 11 (a) and (6), Part II., additional compensation for permanent incapacity of, section 11 (e). Part II., . 11 11 66 INDEX. FINES: PAaa for violation of rules and regulations of Joint Board, section 13i chapter S13, Acts of 1913 35 FINGERS: additional compensation for loss by severance of, aectioii 11 (c) and (d), Part II., . . 11 additional compensation for permanent incapacity of, section 11 (e), Part II., ... 11 FOBMS: adopted by Industrial Accident Board, 46 FRIENDS: rights of, to act for mentally incompetent or minor injured employees, section 14, Part II., . 12 GUARDIAN: right of, to act for mentally incompetent or minor, section 14, Part II., .... 12 HANDS: additional compensation for loss by severance of, section 11 (a) and (&), Part II., . . 11 additional compensation for permanent incapacity of, section 11 (e). Fart II., ... II HEALTH, STATE BOARD OF: may request information on occupational diseases from State Board of Labor and Industries, section 6, chapter 813, Acts of 1913, 34 to retain all existing powers, section 14, chapter 813, Acts of 1913, ..... 35 HEARINGS: before member of Board, sections 7, 12 and 13, Part III 17, 18 by Joint Board shall be public, section 7, chapter 813, Acts of 1913, .... 34 no second, on question of fact, section 10, Part III., ....... 17 on adoption of rules and regulations by Joint Board, etc., section 2, chapter 813, Acts of 1913 33 HOSPITAL SERVICES: charges for, subject to approval of Industrial Accident Board, section 13, Part III., . . 18 HUSBAND: a dependent, section 7 (!>), Part II., 9 IMPARTIAL PHYSICIANS : to be appointed by the Industrial Accident Board, section S, Part III., .... 17 report of, admissible as evidence in proceeding before Industrial Accident Board or a com- nlittee of arbitration, section 8, Part III., ........ 17 INCAPACITATED EMPLOYEES, TRAINING AND EDUCATION OF (see chapter 231, Acts of 1918) . . .28 INCAPACITY: period of payment during partial, section 10, Part II., ....... 10 period of payment during total, section 9, Part II., ....... 10 period of payment of compensation, sections 9 and 10, Part II., ..... 10 INDEPENDENT CONTRACTORS: employees of, section 17, Part III., .......... 19 INDEPENDENT WRONGDOER. See Optional Procedure. INDUSTRIAL ACCIDENT BOARD: agreements in regard to compensation to be filed with, section 4, Part III . 16 authorized to review and revise decision of member of Board, section 10, Part III., . . 17 chairman of, section 1, Part III., .......... 14 charges of hospitals for services subject to approval of, section 13, Part III 18 creation of, section 1, Part III., ........... 14 INDEX. 67 and statistics, section INDUSTRIAL ACCIDENT BOARD — Concluded. decision of, shall have effect during pendency of appeal, chapter 132, General Acts of 1915, enforcement of decisions of, section 11, Part III., . . ' . . . fees of attorneys and physicians subject to approval of, section 13, Part 111., . fees of witnesses before, section 3, Fart III., .... has power to administer oaths, section 3, Fart III., has power to examine books and records of parties to proceeding as relate to questions in dispute, section 3, Part III., . .... has power to subpcena witnesses, section 3, Part III., may appoint a medical adviser, section 9, Part V., may appoint an impartial physician, section S, Part III., may appoint six inspectors, section 9, chapter 813, Acts of 1913, may establish and maintain branch offices, section 8, Fart V., may make rules not inconsistent with act, section 3, Part III., may request association and insurer to furnish it with information 7, Part V members of, section 1, Part III., ...... name and address of agent designated to furnish benefits to public employees to be filed with, General Acts of 1915, chapter 244, section 1, . office of, section 2, Part III., ...... powers of, section 3, Part III., ...... reports of injuries and supplemental reports to be made to, section 18, Part III., reports of injuries filed with, shall be available for use by State Board of Labor and In- dustries, section IS, Part III., ..... report of member of Board to be filed with, section 7, Fart III., rules of, section 3, Part III., ...... salaries and expenses of, section 2, Part III., salaries of, section 2, Part III., ...... secretary of, section 2, Part III., ... . . statement of payments to be filed with, section 18, Part III., , term of office of members of, section 1, Part III., . to approve charges of hospital for services, section 13, Part III., to approve fees of attorneys and physicians, section 13, Part III to approve manner of giving notice by employee of claim of common law Part I., section 2, chapter 666, Acts of 1912, . to approve notice to employees of insurance, section 21, Part IV. to determine all questions arising and not settled, section 16, Part III., rights, section 5, FAGB 21 18 18 15 15 15 15 27 17 34 27 15 27 14 37 15 15 20 20 17 IS IS IS 15 20 14 IS IS 7,30 24 19 'INDUSTRIAL" OK "OCCUPATIONAL DISEASE:" meaning of term, section 12 (d), chapter 813, Acts of 1913, 35 INJURIES, PERSONAL: examination of employees for, by impartial physician, section 8, Fart III.: notice of, form of, section 16, Part II., . notice of, inaccuracy of, section 18, Fart II notice of, maimer of serving, section 17, Fart II., . notice of, time for serving, section 15, Part II., notice of, want of, section 18, Fart II., . optional procedure, when occasioned by act of person not employed by subscriber, section 15, Part III., . . ■ rules and regulations for prevention of injuries to employees of subscribers of Massachusetts Employees Insurance Association, section 18, Part IV . . weekly payments for, in imusual cases may be redeemed by payment of a lump sum, section 22, Part II 17 12 13 13 12 13 19 23 13 INSPECTORS: of causes of injuries. Industrial Accident Board, salaries, etc., sections 4 and 9, chapter ' 813, Acts of 1913 • ■ .... 33, 34 of places of employment. State Board of Labor and Industries, section 4, chapter 813, Acts of 1913 33 68 INDEX. XNSTTBANCE: faqb liability companies authorized to do business under act, section 3, Part V., chapter 200, General Acts of 1916, . " . 26, 39 Massachusetts Employees Insurance Association, sections 1-24, Part IV., chapter 200, General Acts of 1916, 21-24, 39 mutual insurance companies authorized to transact business of employers' liability insurance, chapter 311, Acts of 1912, chapter 200, General Acts of 1916 29, 39 notice of expiration of, section 21, Part IV., ......... 24 notice of, to be filed with Industrial Accident Board, section 21, Part IV., ... 24 notice of, to employees, sections 20 and 21, Part IV., ....... 24 workmen's compensation, policies of, subject to approval of Insurance Commissioner, chapter 287, General Acts of 1915, 38 XNSITKANCE COMMISSIONER: may withdraw approval of premiums, etc., section 1, chapter 666, Acts of 1912, . . 30 workmen's compensation insurance policies subject to approval of, chapter 2S7, General Acts of 1915 38 INSURANCE COMPANIES: act to secure prompt payments by, in case of withdrawal, chapter 183, General Acts of 1915, 36 liability, authorized to do business imder act, section 3, Part V., . . , . .26 may unite in issuing joint and several workmen's compensation policies, chapter 216, ' General Acts of 1918, . ... 40 mutual, authorized to transact business of employers' liabiUty insurance, chapter 311, Acts of 1912, chapter 200, General Acts of 1916, 29. 39 shall furnish information and statistics to Industrial Accident Board upon request, section 7. Part V 27 INSURANCE RATES: to continue to apply until approval is withdrawn, chapter 708, Acts of 1914, ... 27 INTEREST: on payments in appealed cases, section 24, Part II., ....... 14 INVESTIGATIONS: of places of employment, industrial and occupational diseases, etc, section 1, chapter 813, Acts of 1913, 33 JOINT BOARD OF LABOR AND INDUSTRIES AND INDUSTRIAL ACCIDENT BOARD: any member has right to enter places of employment, section 5, chapter 813, Acts of 1913 ' .34 appropriation of, and how expended, section 11, chapter S13, Acts of 1913, ... 34 chairman of, how chosen, section 7, chapter 813, Acts of 1913, ' .' . . . . 34 fine imposed for violation of rules and regulations of, section 13, chapter 813, Acts of 1913, 35 hearing shall be given before adoption of any rule or regulation by, section 2, chapter 813, Acts of 1913 may appoint committees to investigate and recommend rules and regulations, section 3, 33 chapter 813, Acts of 1913 ■ 33 may require physicians to report occupational diseases, section 6, chapter 813, Acta of 1913, 34 powers and duties of, transferred to State Board of Labor and Industries, chapter 308, General Acts of 1916, . . 36 prevention of duplication of effort, section 4, chapter 813, Acts of 1913, .... 33 rules or regulations of, shall prevail, section 10, chapter 813, Acts of 1913, ... 34 shall determine suitable safety devices for prevention of accidents, section 1, chapter 813, Acts of 1913 33 shall investigate employments and places of employment, section 1, chapter 813, Acts of 1913 33 shall make rules and regulations for prevention of industrial and occupational diseases, section 1, chapter 813, Acts of 1913 33 INDEX. 69 LABOR AND INDUSTRIES, STATE BOARD OF: page amendment to act, creating a, section 8, chapter 813, Act^ of 1913, .... 34 Joint powers of, with Industrial Accident Board (see Acts of 1913, chapter 813, sections 1-15), 33-35 joint powers and duties of, with Industrial Accident Board, transferred to State Board of Labor and Industries, chapter 308, General Acts of 1916, ..... 36 shall be furnished with statistics and data from reports of injuries by Industrial Accident Board, section 18, Part III 20 LABORERS, WORKMEN AND MECHANICS (see Public Employees) : act providing for payment of compensation to. Acts of 1914, chapter 807, sections 1-7, . 30-32 employed in management and maintenance of bridges between Boston and Cambridge entitled to compensation, chapter 125, General Acts of 1918, . . 40 entitled to compensation from Commonwealth, counties, cities, towns or districts, sections 1-7, chapter 807, Acta of 1913 30-33 of Boston Transit Commission entitled to compensation, chapter 270, Special Acts of 1915, 38 LEGAL REPRESENTATIVE (see Part II., sections 13 and 14), . . . 12 . LETTERS ROGATORY: power to secure the issuing of, section 3, Part III., ....... 15 LOSS OF: one or both eyes, section 11 (o) and (6), Part II., . ....... 11 one or both feet, section 11 (o) and (6), Part II., . . . . .11 one or both hands, section 11 (a) and (b). Part II., . . . . .11 one phalange, section 11 (d), Part II., ........ .11 two or more fingers, section 11 (c), Part II., . . ....... 11 LUMP SUM PAYMENTS, section 22, Part II 13 MASSACETUSETTS, COMMONWEALTH OF: act to fix responsibility for payment of compensation to employees of, chapter 244, General Acts of 1915 37 laborers, workmen and mechanics of, entitled to compensation. Acta of 1913, chapter 807, sections 1-7, ............. 30-33 MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION, sections 1-24, Part IV.. 21-24 definition of "association," section 2, Part V., . . ... 26 may with approval-of Insurance Commissioner exercise right and power of domestic mutual liability companies, chapter 200, General Acts of 1916, ...... 39 shall furnish information and statistics to Industrial Accident Board upon request, section 7. Part v., 27 MEDICAL ADVISER: may be appointed by Industrial Accident Board, section 9, Part V., .... 27 MEDICAL AND HOSPITAL SERVICES AND MEDICINES: to be furnished by association, during first two weeks, section 5, Part II., . . , . 8 to be furnished by association, in unusual cases, at discretion of Board, section 5, Part II., 8 to be paid for by association, when employee selects physician other than one provided, section 5, Part II., .... ........ 8 MEDICAL EXAMINATIONS: at request of aasociation or subscriber, section 19, Part II,, ...... 13 by impartial physicians, section 8, Part III., ........ 17 refusal to submit to, section 19, Part II., . r 13 MEMBER OF BOARD: decision of, shall be enforcible unless a claim for review is filed within seven days, section 7, Part III., . ; . . . . . 17 has power to administer oaths, subpoena witnesses, etc., section 3, Part III., . . 15 hearings before, sections 7, 12 and 13, Part III., 17, 18 parties may request hearing before, if no agreement can be reached, section 5, Part III., . 16 MENTALLY INCOMPETENT: guardian has right to act for employee if, section 14, Part II., 12 70 INDEX, MZNOBS: fagb lump sums to, in discretion of Board, under certain conditions, section 22, Fart II., . . 13 natural wage increase may be taken into consideration in considering weekly wage, chapter 236, General Acts of 1915 26 right of guardian to act for, section 14, Part II., 12 MODIFICATION OF EEMEDIE3, sections 1-5, Part 1 7 NEXT FRIEND (see Part II., section 14) 12 NOTICES: by employee claiming common law rights, section 5, Part I., > • • • • • 7 by employee claiming common law rights, section 5, Part I., section 2, chapter 666, Acts of 1912 7, 30 manner of giving, Acts of 1912, chapter 666, section 2, . . . . . . .30 manner of giving, of common law rights, section 5, Part I., and section 2, chapter 666, Acts of 1912 .... 7, 30 manner of ^ving, of waiver of common law rights, section 5, Fart I., , . . . 7 of expiration of insurance, section 21, Part IV., ........ 24 of injury, form of, section 16, Part II., ......... 12 of injury, how served, section 17, Part II., ....... .13 of injury, inaccuracy of, section 18, Fart II., ........ 13 of injury, sustained, sections 15 and 16, Part II., ........ 12 of injury, want of, section IS, Fart II., ....... .13 of insurance, to be filed with Industrial Accident Board, section 21, Part IV., ... 24 service of, section 17, Part II., sections 21 and 22, Part IV., . , , ... . 13, 24 to employees of insurance, sections 20 and 21, Fart IV., ...... 24 to employees of insurance to be approved by Industrial Accident Board, section 21, Part IV 24 OATHS: Industrial Accident Board has power to administer, section 3, Fart III., .... 15 OPTIONAL PROCEDURE: when injury occasioned by act of third party, section 15, Part III., , . .19 PAYMENTS: by lump sum, section 22, Part II., ........ .13 for burial expenses, section S, Part II., ....... .10 for medical and hospital services, section 5, Part II,, ....... 8 for specified injuries, section 11, Part II., ......... II in unusual cases, by lump sum, section 22, Fart II., ....... 13 interest on, in appealed cases, section 24, Fart II., ....... 14 lump sum, to minors in discretion of Board under certain conditions, section 22, Part II., 13 not assignable or subject to attachment, section 21, Fart II., ...... 13 period of, sections 9 and 10, Part II., .......... 10 statement of, to be filed with Industrial Accident Board within sixty days after termination of disability, section 18, Part III., 20 to dependents, section 7, Part II., .......... 9 to whom made in case of death, section 13, Part II., ....... 12 to young and inexperienced workmen may be based on natural wage increase, chapter 236, General Acts of 1915 26 PENALTY: for failure to report injuries to employees, section 18, Part III., ..... 20 for violation of rules and regulations of Joint Board, section 13, chapter 813, Acte of 1913, 35 "PERMANENTLY INCAPABLE OF USE:" additional compensation due if certain parts enumerated in Part II., section II (e), are rendered, .............. 11 INDEX. 71 PHALANGE: pagb additional compensation for loss by severance, section 11 (d), Part II., . . . . H additional compensation for permanent incapacity of, section 11 (e), Fart II., ... 11 PHYSICIANS: fees oit subject to approval of Industrial Accident Board, section 13, Part III., . . IS POLICIES: insurance companies may unite in issuing joint and several workmen's compensation, chapter 216. General Acts of 1918, . . . . 40 of workmen's compensation insurance subject to approval of Insurance Commissioner, chapter 287, General Acts of 1915 38 PEOCEDURE (see Part III.): shall be simple and summary as reasonably may be, section 3, Fart III., .... 15 PROCEEDINGS: cost of, prosecuted or defended without reasonable ground, assessed, section 14, Fart III., . 19 for compensation, notice must be given and claim m^de, sections 15 and 23, Fart II., . 12, 14 PUBLIC EMPLOYEES: act to fix responsibility for payment of compensation to, chapter 244, General Acts "of 1915, . .... .... 37 act to provide for compensating, for injuries sustained in course of emplo3rment, Acts of 1913, chapter 807, sections 1-7, ... 30-32 agent to be .designated to furnish benefits due under act to, General Acts of 1915, chapter 244, section 1, 37 compensation to, sections 1-7, chapter 807, Acts of 1913, ...... 30-32 entitled to compensation. Acts of 1914, chapter 807, sections 1-7, ..... 30-32 QUESTIONS: all arising and not settled to be determined by Industrial Accident Board, section 16, Fart III.. ■ 19 RECORDS: examination of, by Industrial Accident Board, section 3, Part III., ..... 15 Superior Court to enforce examination of, section 3, Fart III., ..... 15 REHABILITATION (see chapter 231, General Acts of 1918) 28 RELEASE: , of subscriber from claims at law, section 1, Part V., ....... 25 REMEDIES: modification of, section 1, Fart I., .......... 7 REPEAL: of sections 136-139, chapter 514, Acts of 1909, section 4, Part V. (also, see section 4, Fart I.) 7,26 REPORTS: form of, of injiuy, section IS, Fart III., . . . . . . . . .20 of injuries to be made to Industrial Accident Board, section IS, Part III., ... 20 penalty for failiu-e to make, section 18, Part III., ........ 20 supplemental, to be made on termination of disability, section 18, Part III., ... 20 RESPONSIBILITY FOR PAYMENT: agent to be designated to furnish benefits due under act. General Acts of 1915, chapter 244, section 1, . . . . . • . . . . ' . . . .37 72 INDEX. BEVIEW: rAOE by full Board, seotion 10, Part III 17 claim for, section 7, Fait III 17 RULES : adopted by Industrial Accident Board, ...,.,... 43 Industrial Accident Board authorized to ^nake, not inconsistent with act, section 3, Part III 15 "SAFE" AND "SAFETY:" meaning of term, section 12 (c], chapter 813, Acts of 1913, 35 SAFETY DEVICES: Joint Board to determine, for prevention of accidents, section 1, chapter 813, Acts of 1913, . 33 SALARIES: of inspectors of Industrial Accident Board, section 9, chapter 813, Acts of 1913, . . 34 of members of Industrial Accident Board, section 2, Part III., . . . . . * 15 SAVINGS: of injured employees not considered in determining compensation, section 12, Part II., . 12 SPECIAL TRAINING OF DISABLED SOLDIERS AND SAILORS (see Chapter 230, Gen- eral Acts of 1918), . . .... 41 SPECIFIED INJURIES: additional compensatioii paid for, section 11, Fart II., ....... 11 SUBCONTRACTORS (see section 17, Part III.) 19 " SUBSCRIBER: " definition of, section 2, Fart V., ........... 25 SUPERIOR COURT: decrees by, section 11, Fart III., ........... 18 no appeal from, on questions of fact, section 11, Part III., ..... 18 to enforce provisions relating to witnesses and examination of books and records, section 3, Part III., 15 THIRD PARTY, INJURY BY. See Optional Procedure. TOES: additional compensation for loss by severance of, section 11 (c) and (c2). Part II., . . 11 additional compensation for permanent incapacity of, section II (e). Fart II., ... 11 TOWNS: act to fix responsibility for payment of compensation to employees of, chapter 244, General Acts of 1915 37 laborers, workmen and mechanics of, entitled to compensation. Acts of 1913, chapter 807, sections 1-6 \ 30-32 TRAINING OF CRIPPLES (see chapter 231, General Acts of 1918) 28 WAIVER: by employee of right at common law, section 5, Part I., ...... 7 no agreement to waive rights to compensation, by employee valid, section 20, Part II., . 13 WIFE: a dependent, section 7 (a), Part II., .......... 9 WITNESSES: fees of, section 3, Fart III., 15 Industrial Accident Board has power to subpoena, section 3, Part III., . . . . 15