STATE OF ILLINOIS DWIGHT H. GREEN, Governor Illinois Workmens Compensation Act (As Amended and in Force July, 1947) INDUSTRIAL COMMISSION OF ILLINOIS WILLIAM E. KAISER, Chairman 160 North LaSalle Street CHICAGO I, ILL (Prim ed by author! . uj. che State of lllnoie) Workmen’s Compensation Act OF THE STATE OF ILLINOIS. As amended and in force July, 1947 INDUSTRIAL COMMISSION William E. Kaiser, Chairman MEMBERS OF COMMISSION William John Granata William E. King John Moulin Elmer Schofield George R. Murphy Secretary Dwight H. Green, Governor TABLE OF CONTENTS PAGE Title 5 Sec. 1. Employer—Notice 5 Sec. 2. Repealed „ 6 Sec. 3. Applies Automatically 7 Sec. 3y2. Repealed ; 8 Sec. 4. Term “Employer”—How Construed 8 Sec. 5. Term “Employee”—How Construed 8 Sec. 6. Employee’s Right to Recover Damages 10 Sec. 7. Amount of Compensation for Injury Resulting in Death 10 Sec. 8. Amount of Compensation for Injury Not Resulting in Death 17 Sec. 9. Where Payment in Lump Sum Desired 27 Sec, 10. Basis for Computing Compensation 28 Sec. 11. Compensation Measure of Responsibility Employer Assumed Under Act .’. 29 Sec. 12. Injured Must Submit to Examination 30 Sec. 13. Industrial Board Created—Appointment—Term of Office 31 lee. 14. Salary—Secretary—Clerks—Seal 32 Sec. 15. Jurisdiction—Duties - . 33 Sec. 16. Rules and Orders—Procedure—Powers 34 Sec. 17. Blank Forms—Books and Records 36 Sec. 18. Questions Determined by Industrial Board 37 Sec. 19. Disputed Questions of Law or Fact—Committee of Arbitra- tion—Decision—Petition for Review—Physician—Decision of Industrial Board—Review by Circuit Court or City Court—Circuit Court to Render Judgment—Review after Award—Address to be Filed—Notice—Writ of Error to Supreme Court .". 37 Sec. 19a. Rights and Remedies of Poor Person to have Transcript With- out Cost 45 Sec. 20. Industrial Board to Report to Governor 46 Sec. 21. Award not Subject to Lien—Death 46 Sec. 22. Contract within Seven Days after Injury Presumed Fraudu- lent - 47 Sec. 23. Waiver of Provisions Must be Approved by Industrial Board 47 Sec. 24. Notice of Accident; Limit of Time for Filing Claim 47 TABLE OF CONTENTS—Continued PAGE Sec. 25. How Employer may be Relieved of Liability for Compensation 48 Sec. 26. Provisions to be Made by Employer Electing to Pay Compen- sation—Approval of Industrial Board—When Provision not made or not Approved—Insurance Liability—Failure to Comply i 48 Sec. 27. Not Affect Continuance of any Existing Insurance, etc.—Not Prevent Employer from Insuring--Employee May Insure for Additional Benefits 51 Sec. 28. When Insurance Carrier becomes Primarily Liable 52 Sec. 29. Where Injury Caused under Circumstances Creating a Legal Liability in some Person Other than the Employer 52 Sec. 30. Report of Accident, etc., by Employer to Industrial Board 53 Sec. 30%. Printed Notices of Rules 54 Sec. 31. Who Included in Term “Employer”—Contracting with Others to do the Work 54 Sec. 32. Right of Action Accruing Before Taking Effect of this Act— if this Act Repealed, etc.—Claim Under Previous Act, how Adjusted 55 Sec. 33. Penalties 55 Sec. 33%. Name of Act 55 Sec. 34 Invalidity - 56 Sec. 35. Repeal 56 Commutation Tables - 57 Subject Index 60 (45249) > 14 5 WORKMEN'S COMPENSATION ACT An Act to promote the general ivelfare of the people of this State hy providing compensation for accidental injuries or death suffered in the course of employment within this State, and without this State where the contract of employment is made within this State; pro- viding for the enforcement and administering thereof, and a penalty for its violation, and repealing an Act entitled “An Act to promote the general ivelfare of the people of this State hy providing compensation for accidental injuries or death suffered in the course of employment,” approved June 10, 1911; in force May 1, 1912, as subsequently amended. Section 1. Employer—Notice.] Be it enacted hy the People of the State of Illinois, represented in the General Assembly: That an employer in this State, who does not come within the classes enumerated by section three (3) of this Act, may elect to provide and pay com- pensation for accidental injuries sustained by any em- ployee, arising out of and in the course of the employment according to the provisions of this Act, and thereby re- lieve himself from any liability for the recovery of dam- ages, except as herein provided. (a) Election by any employer to provide and pay compensation according to the provisions of this Act shall be made by the employer filing notice of such election with the industrial commission, or by insuring his lia- bility to pay compensation under this Act in some insur- ance carrier authorized, licensed or permitted to do such insurance business in this State. (b) Every employer within the provisions of this Act who has elected to provide and pay compensation according to the provisions of this Act by filing notice of such election with the industrial commission, shall be bound thereby as to all his employees until January 1st of the next succeeding year and for terms of each year thereafter: Provided, any such employer who may have once elected, may elect not to provide and pay the com- pensation herein provided for accidents resulting in either injury or death and occurring after the expiration of any such calendar year by filing notice of such election with the industrial board at least sixty days prior to the expiration of any such calendar year, and by posting such Compensation Accidental Injuries Employer Election to Pay Compensation Notice of Election Insuring Liability Bound to Employees Rejection When Filed 6 Notice Posting notice at a conspicuous place in the plant, shop, office, room or place where such employee is employed, or by personal service, in written or printed form, upon such employees, at least sixty (60) days prior to the expiration of any such calendar year. Every employer within the provisions of this Act who has elected to provide and pay compensation according to the provisions of this Act by insuring his liability to pay compensation under this Act, as above provided, shall be bound thereby as to all his employees until the date of expiration or cancellation of such policy of insurance, or any renewal thereof. (c) In the event any employer mentioned in this section, elects to provide and pay the compensation pro- vided in this Act, then every employee of such employer, as a part of his contract of hiring or who may be em- ployed at the time of the taking effect of this Act and the acceptance of its provisions by such employer, shall be deemed to have accepted all the provisions of this Act and shall be bound thereby unless within thirty (30) days after such hiring or after the taking effect of this Act, and its acceptance by such employee, he shall file a notice to the contrary with the industrial board, whose duty it shall be to immediately notify the employer, and until such notice to the contrary is given to the employer, the measure of liability of such employer shall be deter- mined according to the compensation provisions of this Act: Provided, however, that any employee may with- draw from the operation of this Act upon filing a written notice of withdrawal at least ten (10) days prior to Jan- uary 1st of any year with the industrial board, whose duty it shall be to immediately notify such employer by registered mail, and, until such notice to the contrary is given to such employer, the measure of liability of such employer shall be determined according to the compensa- tion provisions of this Act. (d) Any such employer or employee may, without prejudice to any existing right or claim, withdraw his election to reject this Act by giving thirty (30) days’ written notice in such manner and form as may be pro- vided by the industrial board. [Amended by Act ap- proved June 10, 1929.] Sec. 2. Repealed.] Section two of an Act entitled, “An Act to promote the general welfare of the people of this State by providing compensation for accidental in- juries or death suffered in the course of employment within this State; providing for the enforcement and administering thereof, and a penalty for its violation, and repealing an Act entitled, ‘An Act to promote the general Effect of Election Rejection by Employer Employees' Withdrawal Notice Rejection Withdrawal of Election to Repeal and Amendments 7 welfare of the people of this State by providing compen- sation for accidental injuries or death suffered in the course of employment, approved June 10, 1911, in force May 1, 1912,’ approved June 28, 1913, in force July 1, 1913, as subsequently amended” is hereby repealed. [Amended by Act approved June 25, 1917.] Sec. 3. Applies automatically.] The provisions of this Act hereinafter following shall apply automat- ically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all em- ployers and all their employees, engaged in any depart- ment of the following enterprises or businesses which are declared to be extra hazardous, namely: 1. The erection, maintaining, removing, remodeling, altering or demolishing of any structure, except as pro- vided in sub-paragraph 8 of this section. 2. Construction, excavating or electrical work, ex- cept as provided in sub-paragraph 8 of this section. 3. Carriage by land, water or aerial service and loading or unloading in connection therewith, including the distribution of any commodity by horse-drawn or motor driven vehicle where the employer employs more than two employees in the enterprise or business, except as provided in sub-paragraph 8 of this section. 4. The operation of any warehouse or general or terminal storehouses. 5. Mining, surface mining or quarrying. 6. Any enterprise in which explosive materials are manufactured, handled or used in dangerous quantities. 7. In any enterprise wherein molten metal, or ex- plosive or injurious gases or vapors, or inflammable va- pors or fluids, or corrosive acids are manufactured, used, generated, stored or conveyed in dangerous quantities. 7%. Any enterprise in which sharpedged cutting tools, grinders or implements are used, including all en- terprises which buy, sell or handle junk and salvage, demolish or reconstruct machinery, except as provided in sub-paragraph 8 of this section. 8. In any enterprise in which statutory or munici- pal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safe- guarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous: Provided, nothing con- tained herein shall be construed to apply to any work, employment or operations done, had or conducted by farmers and others engaged in farming, tillage of the State, etc., Extra Hazardous Businesses Automatically Under Structure Construction Carriage More than Two Em- ployees Warehouse Mining Explosive Materials Vapors Gases Sharp Edged T ools Grinders Junk and Salvage Statutes or Ordinances Farmers Excluded soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their employ or to any work done on a farm or country place, no mat- ter what kind of work or service is being done or rendered. 9. Any enterprise, business or work in connection with the laying out or improvement of subdivisons of tracts of land. 10. Any enterprise for the treatment of cross-ties, switch-ties, telegraph poles, timber or other wood with creosote or other preservatives. [Amended by Act ap- proved June 10, 1929. Sec. 3y2. [Repealed by Act approved July 3, 1931. Sec. 4. Term “employer”—how construed.] The term “employer” as used in this Act shall be construed to be: First—The State and each county, city, town, town- ship, incorporated village, school district, body politic, or municipal corporation therein. • Second—Every person, firm, public or private cor- poration, including hospitals, public service, eleemosy- nary, religious or charitable corporations or associations who has any person in service or under any contract for hire, express or implied, oral or written, and who is en- gaged in any of the enterprises or businesses enumerat- ed in section three (3) of this Act, or who at or prior to the time of the accident to the employee for which com- pensation under this Act may be claimed, shall in the manner provided in this Act have elected to become subject to the provisions of this Act, and who shall not, prior to such accident, have effected a withdrawal of such election in the manner provided in this Act. [Amended by Act approved June 25, 1917. Sec. 5. Term “employee”—how construed.] The term “employee” as used in this Act shall be construed to mean: First—Every person in the service of the State, including all persons in the service of the University of Illinois on and after January 25, 1933 except members of the instructional, research, and administrative staffs thereof when not, at the time of the injury, actually en- gaged in an occupation declared to be extra-hazardous in Section Three (3) of this Act, county, city, town, town- ship, incorporated village or school district, body politic, or municipal corporation therein, under appoint- ment or contract of hire, express or implied, oral or written, except any totally blind person, any official of Subdividing of Land Wood Preservatives T erm “Employer” Defined State and Sub- Divisions Persons Corporations Associations Person in Service Contract of Hire Business in Sec. 3 Election T erm “Employee” Defined Employment by State Totally Blind Person and Official Excepted Fire Dept. Members Excepted the State or of any county, city, town, township, incorpo- rated village, school district, body politic or municipal corporation therein and except any duly appointed member of the fire department in any city whose popu- lation exceeds two hundred thousand according to the last Federal or State census, and except any member of a fire insurance patrol maintained by a board of under- writers in this State: Provided, that any such employee, his personal representative, widow, children, beneficiaries or heirs, who is, are or shall be entitled to receive a pen- sion or benefit for or on account of disability or death arising out of or in the course of his employment from a pension or benefit fund to which the State or any county, town, township, incorporated village, school district, body politic, underwriters’ fire patrol or munici- pal corporation therein is a contributor, in whole or in part, shall be entitled to receive only such part of such pension or benefit as is in excess of the amount of com- pensation recovered and received by such employee, his personal representative, widow, children, beneficiaries or heirs under this Act. And, provided, further, that one employed by a contractor who has contracted with the State, or a county, city, town, township, incorporated village, school district, body politic or municipal corpora- tion therein, through its representatives, shall not be considered as an employee of the State, county, city, town, township, incorporated village, school district, body politic or municipal corporation which made the contract. Second—Every person in the service of another under any contract of hire, express or implied, oral or written, including persons whose employment is outside of the State of Illinois where the contract of hire is made within the State of Illinois, and including aliens, and minors who, for the purpose of this Act shall be con- sidered the same and have the same powrer to contract, receive payments and give quittances therefor, as adult employees, but not including any totally blind person or any person who is not engaged in the usual course of the trade, business, profession or occupation of his employer: Provided, however, that any employer may elect to provide and pay compensation to any employee other than those engaged in the usual course of the trade, business, profession or occupation of the said employer by com- plying with section 1 of this Act: Provided, further, that employees shall not be included within the provisions of this Act when excluded by the laws of the United States relating to liability of employers to their em- ployees for personal injuries where such laws are held Effect of Pension Independent Contractor Contract of Hire Employment Outside of State Aliens Minors Excluded When Not in Usual Course of Trade Employer May Include Other Employees 10 to be exclusive. [Amended by Act approved July 6, 1935. Sec. 6. Employee’s right to recover damages.] No common law or statutory right to recover damages for injury or death sustained by any employee while en- gaged in the line of his duty as such employee, other than the compensation herein provided, shall be available to any employee who is covered by the provisions of this Act, to any one wholly or partially dependent upon him, the legal representatives of his estate, or any one other- wise entitled to recover damages for such injury; pro- vided, however, that in any action now pending or here- after begun to enforce a common law or statutory right to recover damages for negligently causing the injury or death of any employee it shall not be necessary to allege in the declaration that either the employee or the em- ployer or both were not governed by the provisions of this Act or of any similar Act in force in this or any other State: Provided, further, that any illegally em- ployed minor or his legal representatives shall, except as hereinafter provided, have the right, within six months after the time of injury or death, to file with the commis- sion a rejection of his right to the benefits under this Act, in which case such illegally employed minor or his legal representatives shall have the right to pursue his or their common law or statutory remedies to recover damages for such injury or death; and provided, further, that no payment of compensation under this Act shall be made to an illegally employed minor, or his legal representa- tives, unless such payment has first been approved by the commission or any member thereof, and if such payment has been so approved such payment shall be a bar to a subsequent rejection of the provisions of this Act. [Amended by Act approved July 3, 1931. Sec. 7. Amount of compensation for accidental injury resulting in deatii.] The amount of compensa- tion which shall be paid for an accidental injury to the employee resulting in death shall be: (a) If the employee leaves any widow, child or children whom he was under legal obligations to sup- port at the time of his accident, a sum equal to four times the average annual earnings of the employee, but not less in any event than two thousand five hundred dol- lars and not more in any event than four thousand dollars. Provided, that when an award has been made under this paragraph, where the deceased left at the time of his death a widow and one child under sixteen years of age him surviving, the compensation payments and death benefits to the extent the same were increased No Common Law Action When Employee Covered by Act Illegal Em- ployment of Minors Death Compensation Widow and Children Surviving Legal Obligation to Support 11 because of the existence of said child, insofar as same have not been paid, shall cease and become extinguished when said child arrives at the age of eighteen years, if said child is physically and mentally competent at that time. Any right to receive compensation hereunder shall be extinguished by the remarriage of a widow, if the deceased did not leave him surviving any child or chil- dren whom he was under legal obligations to support at the time of said accident. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amount payable on death. (b) If no amount is payable under paragraph (a) of this section and the employee leaves any parent, hus- band, child or children who at the time of accident were totally dependent upon the earnings of the employee, then a sum equal to four times the average annual earn- ings of the employee, but not less in any event than two thousand five hundred dollars, and not more in any event than four thousand dollars. Any compensa- tion payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascer- taining the amount payable on death. (c) If no amount is payable under paragraph (a) or (b) of this section and the employee leaves any parent or parents, child or children, who at the time of accident were partially dependent upon the earnings of the employee, then such proportion of a sum equal to four times the average annual earnings of the employee as such dependency bears to total dependency, but not less in any event than one thousand dollars and not more in any event than three thousand seven hundred fifty dollars. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amounts payable on death. (d) If no amount is payable under paragraphs (a), (b) or (e) of this section and the employee leaves any grandparent, grandchild or grandchildren or col- lateral heirs dependent at the time of the accident to the employee upon his earnings to the extent of fifty per- centum or more of total dependency, then such pro- portion of a sum equal to four times the average annual earnings of the employee as such dependency bears to total dependency, but not more in any event than three thousand seven hundred fifty dollars. Any compensa- tion payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertain- ing the amounts payable on death. When Payments Shall Cease Remarriage of Widow Amount Payments Deducted Parent, Husband, Child, Surviving Total Dependents Parent, Children, Grandparent, Grandchildren Surviving Partial Dependency Apportionment Collateral Heirs: Dependency Fifty Percentum of Tota'l Dependency 12 No Heirs (e) If no amount is payable under paragraph (a), (b), (c) or (d) of this section, a sum not to exceed one hundred and fifty dollars for burial expenses to be paid by the employer to the undertaker or to the person or persons incurring the expense of burial, and the further sum of four hundred dollars, which shall be paid within sixty days into a special filnd, of which the state treasurer shall be ex-officio custodian, such special fund to be held and disbursed for the purposes hereinafter stated in paragraph (f) of Section 8, either upon the order of the Industrial Commission or of a competent court. Said special fund shall be deposited the same as are state funds and any interest accruing thereon shall be added thereto every six months. It shall be subject to audit the same as state funds and accounts and shall be protected by the general bond given by the state treasurer. It shall be considered always appropriated for the purposes of disbursement as provided in Section 8, paragraph (f), of this Act, and shall be paid out and disbursed as therein provided and shall not at any time be appropriated or diverted to any other use or purpose: Provided, that whenever any sum is paid into the said fund and subsequently it develops that compensation is payable under para- graphs (a), (b), (e), or (d) of this section, the indus- trial commission shall order the refund of any sum paid into the said fund, and the state treasurer as custo- dian of said fund shall immediately refund the sum paid to him in accordance with the order of the indus- trial commission upon receipt by him of a certified copy of said order. The State Treasurer, or his duly authorized representative, shall be named as a party to all proceedings and receive the usual and customary notices of hearing in all cases involving claim for the loss of, or the permanent and complete loss of the use of one eye, one foot, one leg, one arm or one hand. In case of settlement contract or award the loss of, or the permanent and complete loss of the use of any one of the said members, it shall be the duty of the Industrial Commission, or a Commissioner or Arbitrator thereof, to award to the said Special Fund provided for in paragraph (e) of this Section, the sum payable under sub-paragraph (20) of paragraph (e) of Section 8 to be paid by the employer or the insurance carrier if such employer is insured. The industrial commission shall, within ten days after the rendition of any award providing for pay- ment into said special fund provided for in paragraph (e) of this section, mail a certified copy thereof to the state treasurer. If said award be not paid within Burial Expenses To Whom Paid Special Fund Created for Disability Under Sec. 8 Refund from State T reasurer Award of Payment into Special Fund 13 thirty days after the date said award has become final, the state treasurer shall proceed to take judgment thereon in his own name as ex-officio custodian of said fund as is provided for other awards by paragraph (g) of Section 19 of this Act and take the necessary steps to collect said award. The industrial commission shall immediately, upon learning of any death because of which payments into said fund may become due under paragraph (e) of this section, notify the state treas- urer thereof and the state treasurer, if payments be not made into said fund within sixty days following said death on account of which it may be due, shall within sixty days after the receipt of said notice in- stitute proceedings in his own name before the indus- trial commission for the collection thereof, and in said proceedings the industrial commission may order the burial fund provided for in this Act paid to the person, corporation or organization who has paid or become liable for the payment of same. In all such proceed- ings so instituted by the state treasurer it shall not be a defense that notice of the accidental injury was not given the employer within thirty days or that the de- mand for payment was not made within six months, or that written claim for compensation was not filed with the industrial commission within one year. Any person, corporation or organization who has paid or become liable for the payment of burial expenses of said deceased employee may in his or its own name in- stitute proceedings before the industrial commission for the collection thereof. In all cases involving disputed dependency claims it shall be the duty of the person filing such claim for or on behalf of the alleged dependents or for the funeral bill to name the State Treasurer as ex-officio custodian of the Fund, provided for in Section 7, paragraph (e), as a party to the said application for adjustment of claim. The said State Treasurer, or his duly authorized representative, shall have all rights of participation in the hearing and review of decisions as is provided under the provisions of this Act. For the purpose of adminis- tration, receipts and disbursements, the Special Fund provided for in paragraph (e) of this section shall be administered jointly with the Special Fund provided for in Section 7, paragraph (e) of the Workmen’s Occu- pational Diseases Act. Provided, further, that at no time shall there be paid into said special fund on ac- count of any one death a sum to exceed four hundred dollars. Judgment Thereon State Treasurer to Institute Proceedings Burial Fund Statutory Limitations Not Effective Collection of Burial Expenses 14 All Compensation to be Paid in I nstallments (f) All compensation, except for burial expenses provided in this section to be paid in case accident results in death, shall be paid in installments equal to the per- centage of the average earning as provided for in sec- tion 8 of this Act, at the same intervals at which the wages or earnings of the employees were paid; or if this • shall not be feasible, then the installments shall be paid weekly: Provided, such compensation may be paid in a lump sum upon petition as provided in section 9 of this Act. (g) The compensation to be paid for accidental in- jury which results in death, as provided in this section, shall be paid to the persons who form the basis for deter- mining the amount of compensation to be paid by the em- ployer, the respective shares to be in the proportion of their respective dependency at the time of the accident on the earnings of the deceased: Provided, that the indus- trial commission or an arbitrator thereof may, in its or his discretion, order or award the payment to the parent or grandparent of a child for the latter’s support the amount of compensation which but for such order or award would have been paid to such child as its share of the compensation payable, which order or award may be modified from time to time by the commission in its dis- cretion with respect to the person to whom shall be paid the amount of said order or award remaining unpaid at the time of said modification. The payments of compensation by the employer in accordance with the order or award of the industrial com- mission shall discharge such employer from all further obligation as to such compensation. In a case where any of the persons who would be entitled to compensation is living at any place outside of the United States, then payment shall be made to the per- sonal representative of the deceased employee. The distri- bution by such personal representative to the persons en- titled shall be made to such persons and in such manner as the commission shall order. (h) 1. Whenever in paragraph (a) of this section a minimum of two thousand five hundred dollars is pro- vided, such minimum shall be increased in the following cases to the following amounts: Three thousand dollars in case of one child under the age of 16 years at the time of the death of the em- ployee. Three thousand one hundred dollars in case of two children under the age of 16 years at the time of the death of the employee. \ Compensation to Whom Paid Determina- tion of Dependency Child’s Share Paid to Parent or Grandparent Orders Modified Compensa- tion, Discharge by Payment of Beneficiaries Non-Resident Personal Representative Required Compensation Increase of Minimum One Child T wo Children 15 Three thousand two hundred dollars in case of three or more children under the age of 16 years at the time of the death of the employee. 2. Whenever four times the average annual earn- ings of the deceased employee as provided in paragraph (a) of this section amounts to more than two thousand five hundred dollars and to less than four thousand dol- lars, the amount so payable under said paragraph shall be increased as follows: In case such employee left surviving him one child under the age of sixteen years the amount so payable shall be increased three hundred fifty dollars. In case such employee left surviving him two chil- dren under the age of sixteen years the amount so pay- able shall be increased four hundred fifty dollars. In case such employee left surviving him three or more children under the age of sixteen years the amount so payable shall be increased six hundred dollars. 3. Whenever in paragraph (a) of this section a maximum of four thousand dollars is provided, such maximum shall be increased in the following cases to the following amounts: Four thousand four hundred fifty dollars in case of one child under the age of. sixteen years at the time of the death of the employee. Four thousand eight hundred dollars in case of two children under the age of sixteen years at the time of the death of the employee. Five thousand five hundred dollars in case of three or more children under the age of sixteen years at the time of the death of the employee. 4. Whenever four times the average annual earn- ings of the deceased employee as provided in paragraph (a) of this section amounts to four thousand dollars and not more than four thousand four hundred dollars and the deceased employee left surviving him one child under the age of sixteen years the amount payable shall be four thousand four hundred dollars. Whenever four times the average annual earnings of the deceased employee as provided in paragraph (a) of this section amounts to four thousand dollars and not more than four thousand seven hundred dollars and the deceased employee left surviving him two children under the age of sixteen years the amount payable shall be four thousand seven hundred dollars. Whenever four times the average annual earnings of the deceased employee as provided in paragraph (a) of this section amounts to four thousand dollars and not Three or More Children When Amount Payable Is Between Minimum and Maximum One Child Two Children Three or More Children Compensation Increase of Maximum one Child Two Children Three or More Children 16 more than five thousand dollars and the deceased em- ployee left surviving him three or more children under the age of sixteen years the amount payable shall be five thousand dollars. (i) In case the injured employee is under sixteen years of age at the time of the accident and is illegally employed, the amount of compensation payable under paragraphs (a), (b), (c), (d) and (e) of this section shall be increased fifty percentum. Provided, however, that nothing herein contained shall be construed to re- peal or amend the provisions of an Act concerning child labor, approved June 26, 1917, as subsequently amended relating to the employment of minors under the age of sixteen years. (j) Whenever the dependents of a deceased em- ployee are aliens not residing in the United States or Canada, the amount of compensation payable shall be limited to the beneficiaries described in paragraphs (a), (b), and (c) of this section and shall be fifty per centum of the compensation provided in paragraphs (a), (b) and (c) of this section, except as otherwise provided by treaty. (k) Where death occurs to an employee as a result of an accidental injury sustained to an employee on or after July 1, 1945, and before July 1, 1947, compensation as provided in paragraphs (a), (b), (c), (d) and (hi of this section shall be computed according to the provi- sions of this section exclusive of this paragraph and after so computed shall be increased twenty per centum (20%) . Such increase shall be accomplished by increas- ing the aggregate amount only; provided, however, that in no case shall this paragraph operate to provide an aggregate increase of more than twenty per centum (20%) of the aggregate compensation which but for this paragraph would be payable. (l) Where deaty occurs to an employee as a result of an accidental injury sustained to an employee on or after July 1, 1947, compensation as provided in para- graphs (a), (b), (c), (d) and (h) of this section shall be computed according to the provisions of this section exclusive of this paragraph, and after so computed shall be increased thirty per centum (30%). Such increase shall be accomplished by increasing the aggregate amount only; provided, however, that in no case shall this para- graph operate to provide an aggregate increase of more than thirty per centum (30%) of the aggregate com- pensation which but for this paragraph would be payable. No amendment to this paragraph or any part there- of shall in any way affect any right of action thereunder existing at the time such amendment takes effect. Child Illegally Employed increase in Aggregate Death Benefit 17 Sec. 8. Amount of compensation for accidental injury not resulting in death.] The amount of com- pensation which shall be paid to the employee for an accidental injury not resulting in death shall be; (a) The employer shall provide the necessary first aid medical and surgical services, and all necessary medical, surgical and hospital services thereafter, lim- ited, however, to that which is reasonably required to cure or relieve from the effects of the accidental injury. The employee may elect to secure his own physician, surgeon and hospital services at his own expense. Where the accidental injury results in the amputation of an arm, hand, leg or foot, or the enucleation of any eye, or the loss of any of the natural teeth, the employer shall furnish an artificial of any such members, lost in accidental injury arising out of and in the course of the employment, and shall also furnish the necessary braces in all proper and necessary cases, provided, the furnishing by the employer of any such services or appliances shall not be construed to admit liability on the part of the employer to pay com- pensation, and the furnishing of any such services or appliances by the employer shall not be construed as the ( payment of compensation. (b) If the period of temporary total incapacity I for work lasts more than six working days, compensa- I tion equal to fifty per centum of the earnings, but not less than $7.50 nor more than $15.00 per week, begin- ning on the eighth day of such temporary total in- capacity and continuing as long as the temporary total incapacity lasts, but not after the amount of compensa- tion paid equals the amount which would have been pay- able as a death benefit under paragraph (a), section 7, if j the employee had died as a result of the accidental injury at the time thereof, leaving heirs surviving as provided in said paragraph (a), section 7; Provided, that in the case where the temporary total incapacity for work continues for a period of more than twenty-eight days from the day of the accident, then compensation shall .commence on the day after the accident. (c) For any serious and permanent disfigurement ' to the hand, head, face or neck, the employee shall be en- I titled to compensation for such disfigurement, the amount determined by agreement at any time or by arbitration J in accordance with the provisions of this Act, at a hear- - ing not less than six months after the date of the acci- dental injury, which amount shall not exceed one-quarter * of the amount of the compensation which would have been payable as a death benefit under paragraph (a), Section 7, if the employee had died as a result of the Compensation Non- Fatal I n j u ry Medical, Hospital Services Limited to Amount Reasonably Required Employee’s Own Doctor Employer to Furnish Arti- ficial Mem- bers and Appliances Not Construed Compensation Compensation Temporary T otal Incapacity Limitation on Amount Commence- ment Compensation Disfigurement Amount Limited When Not Allowed accident at the time thereof, leaving heirs surviving, as provided in said paragraph (a), Section 7; Provided, that no compensation shall be payable under this para- graph where compensation is payable under paragraph (d), (e) or (f) of this section: And, provided, further, that when the disfigurement is to the hand, head, face or neck, as a result of any accident, for which accident compensation is not payable under paragraph (d), (e) or (f) of this section, compensation for such disfigure- ment may be had under this paragraph. (d) If, after the accidental injury has been sus- tained, the employee .as a result thereof becomes partially incapacitated from pursuing his usual and customary line of employment, he shall, except in the cases covered by the specific schedule set forth in paragraph (e) of this section, receive compensation, subject to the limi- tations as to time and maximum amounts fixed in para- graphs (b) and (h) of this section, equal to fifty per- centum of the difference between the average amount which he earned before the accident and the average amount which he is earning or is able to earn in some suitable employment or business after the accident. Provided, however, if no compensation is awarded under the foregoing provisions of this paragraph, and when an accidental injury has been sustained which results in a fracture to the body of a vertebra, resulting in a loss of function of the back, compensation may be allowed for a period not to exceed thirty (30) weeks in addition to compensation for temporary total disability, such com- pensation to be in lieu of all other compensation specified hereinbefore by this paragraph. (d-1) An injured employee, to be entitled to com- pensation for hernia, must prove: 1. The hernia was of recent origin; 2. Its appearance was accompanied by pain; 3. That it was immediately preceded by trauma arising out of and in the course of the employ- ment; 4. That the hernia did not exist prior to the acci- dent. (e) For accidental injuries in the following sched- ule, the employee shall receive compensation for the period of temporary total incapacity for work resulting from such accidental injury, in accordance with the pro- visions of paragraphs (a) and (b) of this section; for a period not to exceed sixty-four weeks, and shall receive in addition thereto compensation for a further period subject to limitations as to amounts as in this section provided, for the specific loss herein mentioned, as fol- Compensation Partial Incapacity Amount Earned Before and After Accident Hernia Payment for Only When No Payment for Prior Hernia Compensation Additional for Specific Losses Schedule 19 lows, but shall not receive any compensation for such injuries under any other provision of this Act. 1. For the loss of a thumb, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during seventy weeks. 2. For the loss of a first finger, commonly called the index finger, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during forty weeks. 3. For the loss of a second finger, or the perma- nent and complete loss of its use, fifty percentum of the average weekly wage during thirty-five weeks. 4. For the loss of a third finger, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during twenty-five weeks. 5. For the loss of a fourth finger, commonly called the little finger, or the permanent and complete loss of its use, fifty percentum of the average weekly wage dur- ing twenty weeks. 6. The loss of the first or distal phalanx of the thumb or of any finger shall be coyisidered to be equal to the loss of one-half of such thumb or finger, and the compensation payable shall be one-half of the amount above specified; provided that the amputation' of the entire distal phalanx of a thumb or finger proximal to the distal joint at the reasonable point of election for amputa- tion of such phalanx shall be considered to be the loss of one phalanx only. 7. The loss of more than one phalange shall be con- sidered as the loss of the entire finger or thumb; pro- vided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. 8. For the loss of a great toe, or for the permanent and complete loss of its use, fifty percentum of the aver- age weekly wage during thirty-five weeks. 9. For the loss of each toe other than the great toe, or for the permanent and complete loss of its use, fifty percentum of the average weekly wage during the twelve weeks. 10. The loss of the first or distal phalanx of any toe shall be considered to be equal to the loss of one-half of such toe, and the compensation payable shall be one- half of the amount above specified; provided, that the amputation of the entire distal phalanx of any toe proxi- mal to the distal joint at the reasonable point of election for amputation of such phalanx shall be considered to be the loss of one phalanx only. 11. The loss of more than one phalange shall be considered as the loss of the entire toe. Thumb First Finger Second Finger Third Finger Fourth Finger Phalange More Than One Phalange Great Toe Other Toes Phalange of Toe More Than One Phalange 20 Hand 12. For the loss of a hand, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during one hundred and seventy weeks. Where an accidental injury sustained is limited to a hand and results in the amputation thereof, and such amputation is performed at the point of election on the forearm for the purpose of permitting the use of an artificial member, such injury shall be compensated as a loss of a hand; provided, however that nothing herein contained shall reduce the amount payable for an arm where the accidental injury sustained includes the fore- arm above the wrist. 13. For the loss of an arm, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during two hundred and twenty-five weeks. 14. For the loss of a foot or the permanent and complete loss of its use, fifty percentum of the average weekly wage during one hundred and thirty-five weeks. Where an accidental injury sustained is limited to a foot and results in the amputation thereof, and such amputa- tion is performed at the point of election on the lower leg for the purpose of permitting the use of an artificial mem- ber, such injury shall be compensated as a loss of a foot; provided, however, that nothing herein contained shall reduce the amount payable for a leg where the accidental injury sustained includes the lower leg above the ankle. 15. For the loss of a leg, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during one hundred and ninety weeks. 16. For the loss of the sight of an eye, or for the permanent and complete loss of its use, fifty percentum of the average weekly wage during one hundred and twenty weeks. 16y2. For the total and permanent loss of the hear- ing of one ear, fifty percentum of the average weekly wage during fifty weeks and for the total and perma- nent loss of hearing of both ears, fifty percentum of the average weekly wage during one hundred twenty-five weeks. 16%. For the loss of a testicle, fifty percentum of the average weekly wage during fifty weeks, and for the loss of both testicles, fifty percentum of the average weekly wage during one hundred fifty weeks. 17. For the permanent partial loss of use of a mem- ber or sight of an eye, but not including the hearing of an ear, fifty percentum of the average weekly wage dur- ing that proportion of the number of weeks in the fore- going schedule provided for the loss of such member or Arm Foot Leg Eye-Sight Loss of Hearing Loss of T esticle Permanent Partial Loss Proportion- ing 21 sight of an eye which the partial loss of use thereof bears to the total loss of use of such member or sight of eye. IT1 In computing the compensation to be paid to any employee who, before the accident for which he claims compensation, had before that time sustained an injury resulting in the loss by amputation or partial loss by amputation of any member, including hand, arm, thumb or fingers, leg, foot or any toes, such loss or partial loss of any such member or the sight of an eye shall be deducted from any award made for the subsequent in- jury, and for the permanent total loss of use or the per- manent partial loss of use of any such member for which compensation has been paid, then such loss shall be taken into consideration and deducted from any award for the subsequent injury. 18. The specific case of loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof, suffered in one accident, or the permanent and complete loss of use thereof, suffered in one accident, shall constitute total and permanent disability, to be compensated according to the compensation fixed by paragraph (f) of this section: Provided, that these specific cases of total and permanent disability shall not be construed as excluding other cases: Provided, fur- ther, that any employee who has previously suffered the loss or permanent and complete loss of the use of any of said members, and in a subsequent independent acci- dent loses another or suffers the permanent and complete loss of the use of any one of said members, the employer for whom the injured employee is working at the time of said last independent accident shall be liable to pay compensation only for the loss or permanent and com- plete loss of the use of the member occasioned by said last independent accident. 19. In a case of specific loss under the provisions of this paragraph and the amount of which loss has been determined under the provisions of this Act, and the subsequent death of such injured employee from other causes than such injury, leaving a widow and/or lineal dependents surviving before payment in full for such injury, then and in that event the balance remaining due for such injury shall be payable to such dependents, in the proportion which such dependency bears to total dependency. 20. In every case of loss of, or permanent and com- plete loss of use of one eye, one foot, one leg, one arm or one hand, the employer in addition to the compensa- tion as provided for in this section shall pay into the special fund provided for in Section 7, paragraph (e), Deduction on Account Previous Injury Loss of Any Two in One Accident Total Permanent Disability Employer Liable Only for Injury Suffered in His Employ- ment Specific Loss and Injured Employee Dies Balance to Beneficiaries the sum of two hundred twenty-five dollars, if the acci- dental injury occurs between July 1, 1939, and July 1, 1941, both dates inclusive; thereafter the amount pay- able into the said special fund shall be one hundred dollars for the loss of, or permanent and complete loss of use of any such member; provided, however, that the payments herein fixed at one hundred dollars may on and after the date when payments in such amount be- come effective, be suspended or reduced as herein pro- vided, but in no event shall such payments be increased to exceed one hundred dollars. Beginning July first, 1941, and each July first thereafter, the Industrial Commission shall determine the expenditures to be made from the said special fund for the ensuing six months. If, upon such determina- tion made by the Commission there shall be found to be in excess of fifty thousand dollars or more in the said special fund over and above the expenditures to be made therefrom during the ensuing six months, the Industrial Commission shall by order posted in its offices, suspend payments at the rate of one hundred dollars in this para- graph provided or reduce the amount payable to a sum less than said one hundred dollars, but sufficient to main- tain such fifty thousand dollars excess, and such sus- pension or change in payments at the rate of one hundred dollars shall be effective with respect to accidental injur- ies occurring on or after the date of such order. (f) In case of complete disability, which renders the employee wholly and permanently incapable of work, compensation equal to fifty percentum of his earn- ings but not less than $7.50 nor more than $15.00 per week, commencing on the day after the accident, and con- tinuing until the amount paid equals the amount which would have been payable as a death benefit under para- graph (a), section 7, if the employee had died as a result of the accident at the time thereof, leaving heirs surviving as provided in said paragraph (a), section 7, and there- after a pension during life annually, in the specific case of total and permanent disability equal to 12 percentum and in other cases of total and permanent disability equal to 8 percentum, of the amount which would have been payable as a death benefit under paragraph (a), section 7, if the employee had died as a result of the accident at the time thereof, leaving heirs surviving, as provided in said paragraph (a), section 7. Such pension shall be paid monthly. Provided, any employee who re- ceives an award under this paragraph and afterwards returns to work or is able to do so, and who earns or is able to earn as much as before the accident, payments under such award shall cease; if such employee returns Compensation Disability Complete Pension for Life Amount of Employer's Right to Reduce or Stop Compensation 23 to work, or is able to do so, and earns or is able to earn part but not as much as before the accident, such award shall be modified so as to conform to an award under paragraph (d) of this section: Provided, further, that if such award is terminated or reduced under the pro- visions of this paragraph, such employee shall have the right at any time within one year after the date of such termination or reduction to file a petition with the com- mission for the purpose of determining whether any dis- ability exists as a result of the original accidental injury and the extent thereof: Provided, further, that disability as enumerated in subdivision 18, paragraph (e) of this section shall be considered complete disability. If an em- ployee who had previously incurred loss or the perma- nent and complete loss of use of one member, through the loss or the permanent and complete loss of the use of one hand, one arm, one foot, one leg, or one eye, incurs permanent and complete disability through the loss or the permanent and complete loss of the use of another member, he shall receive, in addition to the compensation payable by the employer and after such payments have ceased, an amount from the special fund provided for in paragraph (e) of section 7, which, together with the compensation payable from the employer in whose em- ploy he was when the last accidental injury was incurred, will equal the amount payable for permanent and com- plete disability as provided in this paragraph of this section. The custodian of said special fund provided for in paragraph (e) of section 7 shall be joined with the em- ployer as a party respondent in the application for ad- justment of claim. Said application for adjustment of claim shall state briefly and in general terms the ap- proximate time and place and manner of the loss of the first member. The industrial commission shall mail a copy of said application to the custodian of said special fund and shall mail to said custodian all notices of hear- ing that are mailed to the employer and employee. In its award the commission or the arbitrator shall specifically find the amount the injured employee shall be weekly paid, the number of weeks’ compensa- tion which shall be paid by the employer, the date upon , which payments shall begin out of the fund provided for in paragraphs (d) and (e) of section 7 of this Act, the length of time said weekly payments shall continue, ;the date upon which the pension payments shall com- mence and the monthly amount of said payments. A ■“certified copy of said award and the judgment of any court of competent jurisdiction affirming same shall be, Employee’s Right After Termination of Award Employee’s Right to Receive Compensation from Fund Created Under Paragraph (e), Sec. 7 State Treas- urer Joined as Party Respondent What Award Shall Find by the industrial commission, sent to the state treasurer by registered mail. It shall be the duty of the said state treasurer, thirty days after the date upon which payments out of said fund shall be commenced as pro- vided in said award, and every month thereafter, to mail to the said injured employee direct, or at the op- tion of said treasurer, to some bank in the county in which he resides for delivery to him, a check or draft payable out of said special fund, for all compensation accrued to that date at the rate fixed in said award. Said check or draft on the back thereof shall designate the style and docket number of the cause and the period of time for which it pays, and shall be accompanied by a duplicate receipt, on a form to be supplied by the indus- trial commission, which receipt shall be executed in duplicate by the injured employee and returned to the treasurer, who shall retain one thereof and shall mail one to the said industrial commission. Said draft, check or receipts shall be a full and complete acquittance to the said state treasurer for the payment out of said fund, and no other appropriation or warrant except the certified copy of said award and judgment of said court shall be necessary to warrant payment out of said fund. The said fund shall be always considered as appro- the purpose of making payments according to the terms of said awards. (g) In case death occurs as a result of the injury before the total of the payments made equals the amount payable as a death benefit, then in case the em- ployee leaves any widow, child or children, parents, grandparents, or other lineal heirs, entitled to compensa- tion under Section 7, the difference between the compen- sation for death and the sum of the payments made to the employee, shall be paid to the beneficiaries of the deceased employee, and distributed as provided in para- graph (f) of Section 7, but in no case shall the amount payable under this paragraph be less than $500.00. (h) In no event shall the compensation to be paid exceed fifty percentum of the average wreekly wage, or exceed $15.00 per week in amount; nor, except in case of complete disability, as defined above, shall any pay- ments ektend over a period of more than eight years from the date of the accident. In case an injured em- ployee shall be mentally incompetent at the time when any right or privilege accrues to him under the pro- visions of this Act, a conservator or guardian may be appointed pursuant to law, and may, on behalf of such mentally incompetent, claim and exercise any such right or privilege with the same force and effect as if State Treas- urer to Make Payments Compensation Death, Pay- ment of Part Minimum $500.00 Compensation Maximum Period of Payment Conservator or Guardian Employee Mentally Incompetent 25 the employee himself had been mentally competent and had claimed or exercised said right or privilege; and no limitations of time by this Act provided shall run so long as said mentally incompetent employee is with- out a conservator or guardian. (i) 1. All compensation provided for in para- graphs (b), (e), (d), (e) and (f) of this section, other than in case of pension for life, shall be paid in install- ments at the same intervals at which the wages or earn- ings of the employee were paid at the time of the accident, or if this shall not be feasible, then the installments shall be paid weekly; all payments of compensation to be made not later than two weeks after the interval for which compensation is payable. 2. Provided, that any payments of compensation by the employer to an injured employee prior to the filing of application for adjustment of claim, shall not be construed against the employer as admitting liability to pay compensation; and 3. Provided, further, that all compensation pay- ments named and provided for in paragraphs (b), (c), (d), (e) and (f) of this section, shall mean and be de- fined to be for accidental injuries and only such acci- dental injuries as are proven by competent evidence, of which there are or have been objective conditions or symptoms proven, not within the physical or mental control of the injured employee himself. (j) 1. Wherever in this section there is a pro- vision for fifty percentum, such percentum shall be in- creased five percentum for each child of the employee, including children who have been legally adopted, un- der 16 years of age at the time of the accident to the em- ployee until such percentum shall reach a maximum of sixty-five percentum. 2. Wherever in this section a weekly minimum of $7.50 is provided, such minimum shall be increased in the following cases to the following amounts: $11.00 in case of an employee having one child un- der the age of 16 years at the time of the accident to the employee; $12.00 in case of an employee having two children under the age of 16 years at the time of the accident to the employee; $13.00 in ease of an employee having three children der the age of 16 years at the time of the accident to the employee; $14.00 in case of an employee having four or more children under the age of 16 years at the time of the accident to the employee; Limitations Extended Compensation Paid in Installments Not Later Than Two Weeks Payment of Compensation Not Admission of Liability Compensation to Be Paid Only When Objective Symptoms Proven, Not Within Control of Injured Compensation Increases of Percentage When Children Weekly Minimum Increased for One Child Two Three Four or More Maximum Increased 3. Wherever in this section a weekly maximum of $15.00 is provided, such maximum shall be increased in the following cases to the following amounts: $16.00 in case of an employee with two children under the age of 16 years at the time of the accident to the employee; $18.00 in case of an employee with three children under the age of 16 years at the time of the accident to the employee; $20.00 in case of an employee with four or more children under the age of 16 years at the time of the accident to the employee. (k) In case the injured employee is under sixteen years of age at the time of the accident and is illegally employed, the amount of compensation payable under paragraphs (b), (c), (d), (e) and (f) of this section shall be increased fifty percentum. Provided, however, that nothing herein contained shall be construed to re- peal or amend the provisions of an Act concerning child labor, approved June 26, 1917, as subsequently amended relating to the employment of minors under the age of sixteen years. (l) Where the accidental injury occurs on or after July 1, 1945, and before July 1, 1947, compensation due the injured employee during his life time under this section shall be computed according to the provisions of this section exclusive of this paragraph, and after so computed shall be increased twenty percentum (20%). Such increase shall be accomplished by increasing each installment, and maximums otherwise applicable to the installment rate and the aggregate amount may be ex- ceeded only by such increase; provided that in no case shall this paragraph operate to provide an aggregate in- crease of more than twenty per centum (20%) of the aggregate compensation which but for this paragraph would be payable; provided, further, that this paragraph - shall operate to increase the installment rate payable to beneficiaries in cases of accidental injuries resulting in death except as to those accidents occurring on or after July 1, 1945. In applying the increase hereunder to compensation j for disfigurement, the aggregate amount fixed by agreement or by arbitration shall be twenty percentum I (20%) greater than provided by paragraph (c) of this section, and the maximum, including such increase, shall be deemed thirty percentum (30%) of what the death benefit would have been. (m) Where the accidental injury occurs on or after July 1, 1947, compensation due the injured em- Two Children Three Four or More Children Illegally Employed 27 ployee during his lifetime under this section shall he com- puted according to the provisions of this section, exclusive of this paragraph, and after so computed shall he in- creased thirty percentum (30%). Such increase shall he accomplished hy increasing each installment, and maximums otherwise applicable to the installment rate and the aggregate amount may he exceeded only hy such increase; provided that in no case shall this paragraph i operate to provide an aggregate increase of more than i thirty percentum (30%) of the aggregate compensation which hut for this paragraph woidd he payable; pro- vided, further, that this paragraph shall operate to in- cease the installment rate payable to beneficiaries in cases of accidental iiijuries resulting in death. In applying the increase hereunder to compensation for disfigurement, the aggregate amount fixed hy agree- ment or hy arbitration shall he thirty per centum (30%) greater than provided hy paragraph (c) of this section, and the maximum, including such increase, shall he deemed thirty-two and one-half per centum (32y%%) of what the death benefit would have been. No amendment to this paragraph or any part there- of shall in any way affect any right of action thereunder existing at the time such amendment takes effect. Sec. 9. Where payment in lump sum desired.] Any employer or employee or beneficiary who shall \ desire to have such compensation, or any unpaid part i thereof, paid in a lump sum, may petition the com- I mission, asking that such compensation be so paid, f and if, upon proper notice to the interested parties and a proper showing made before such commission or any member thereof, it appears to the best interest , of the parties that such compensation be so paid, the commission may order the commutation of the com- pensation to an equivalent lump sum, which commuta- tion shall be an amount which will equal the total sum of the probable future payments capitalized at their present value upon the basis of interest calculated at three per centum per annum with annual rests: Provided, that in cases indicating complete disability no petition for a commutation to a lump sum basis shall be enter- tained by the commission until after the expiration of six months from the date of the injury, and where necessary, upon proper application being made, a guardian, conservator or administrator, as the case may be, may be appointed for any person under dis- ability who may be entitled to any such compensation and an employer bound by the terms of this Act and liable to pay such compensation, may petition for the Compensation Lump Sum Notice Commutation How Made Complete Disability Conservator or Guardian appointment of the public administrator, or a con- servator, or guardian, where no legal representative has been appointed or is acting for such party or parties so under disability. The payment of compensation in a lump sum to the employee in his lifetime upon order of the Industrial Commission, shall extinguish and bar all claims for com- pensation for death if the compensation paid in a lump sum represents a compromise of a dispute on any ques- tion other than the extent of disability. Subject to the provisions herein above in this para- graph contained, where no dispute exists as to the fact that the accident arose out of and in the course of the employment and where such accident results in death or in the amputation of any member or in the enuclea- tion of an eye, then and in such case the arbitrator or commission may, upon the petition of either the em- ployer or the employee, enter an award providing for the payment of compensation for such death or injury in accordance with the provisions of Section 7 or para- graph (e) of section 8 of this Act, [As amended by Act approved July 24, 1939. Sec. 10. Basis for computing compensation.] The basis for computing the compensation provided for in Sections 7 and 8 of the Act shall be as follows: (a) The compensation shall be computed on the basis of the annual earnings which the injured person received as salary, wages or earnings if in the employ- ment of the same employer continuously during the year next preceding the injury. (b) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (c) If the injured person has not been engaged in the employment of the same employer for the full year immediately preceding the accident, the compen- sation shall be computed according to the annual earn- ings which persons of the same class in the same employment and same location, (or if that be impractic- able, of neighboring employments of the same kind) have earned during such period. (d) As to employees in employments in which it is the custom to operate throughout the working days of the year, the annual earnings, if not otherwise deter- minable, shall be regarded as 300 times the average daily earnings in such computation. (e) As to employees in employments in which it Award Where No Dispute Exists Compensation Computation Annual Earnings Basis Employment Grade of Basis Employment Same Class Basis Employment Annual Earnings 300x 29 is the custom to operate for a part of the whole number of working days in each year, such number, if the annual earnings are not otherwise determinable, shall be used instead of 300 as a basis for computing the annual earnings, provided the minimum number of days which shall be so used for the basis of the year’s work shall be not less than 200. (f) In the case of injured employees who earn either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the yearly wage shall be reckoned according to the average annual earnings of adults of the same class in the same (or if that is impracticable, then of neigh- boring) employments. (g) Earnings, for the purpose of this section, shall be based on the earnings for the number of hours commonly regarded as a day’s work for that employ- ment, and shall exclude overtime earnings. The earnings shall not include any sum which the employer has been accustomed to pay the employee to cover any special expense entailed on him by the nature of his employ- ment. (h) In computing the compensation to be paid to any employee, who, before the accident for which he claims compensation, was disabled and drawing com- pensation under the terms of this Act, the compensation for each subsequent injury shall be apportioned accord- ing to the proportion of incapacity and disability caused by the respective injuries which he may have suffered. (i) To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant hereto, and such amount divided by the number of installment periods per annum. Sec. 11. Compensation measure of responsibility assumed under act.] The compensation here- in provided, together with the provisions of this Act, t«hall be the measure of the responsibility of any em- jjbloyer engaged in any of the enterprises or businesses (|numerated in section three (3) of this Act, or of any Employer who is not engaged in any such enterprises Jr businesses, but who has elected to provide and pay (Compensation for accidental injuries sustained by any (employee arising out of and in the course of the em- ployment according to the provisions of this Act, and -(Whose election to continue under this Act, has not been j/iullified by any action of his employees as provided jfor in this Act. [Amended by Act approved June 25, 11917.] Employment Part Time Annual Earnings 200x Employee Earning No Wage Earning Day’s Work as Basis Compensation Where Pre- vious Injuries Compensation Determination of Install- ment Period Employer Responsibility Measure of Compensation Limits 30 Employee Examined Expense of Employer Sec. 12. Injured employee must submit to exam- ination.] An employee entitled to receive disability pay- ments shall be required, if requested by the employer, to submit himself, at the expense of the employer, for examination to a duly qualified medical practitioner or surgeon selected by the employer, at any time and place reasonably convenient for the employee, either within or without the State of Illinois, for the purpose of determining the nature, extent and probable dura- tion of the injury received by the employee, and for the purpose of ascertaining the amount of compensation which may be due the employee from time to time for disability according to the provisions of this Act: Provided, an employer requesting such an examination, of an employee residing within the State of Illinois, shall pay in advance of the time fixed for the examina- tion sufficient money to defray the necessary expense of travel by the most convenient means to and from the place of examination, and the cost of meals necessary during the trip, and if the examination or travel to and from the place of examination causes any loss of working time on the part of the employee, the employer shall reimburse him for such loss of wages upon the basis of his average daily wage. Provided, however, that such examination shall be made in the presence of a duly qualified medical practitioner or surgeon pro- vided and paid for by the employee, if such employee so desires: In all cases where the examination is made by a surgeon engaged by the employer, and the injured employee has no surgeon present at such examination, it shall be the duty of the surgeon making the examina- tion at the instance of the employer to deliver to the injured employee, or his representative, a statement in writing of the condition and extent of the injury to the same extent that said surgeon reports to the employer and the same shall be an exact copy of that furnished to the employer, said copy to be furnished the employee, or his representative as soon as practica- ble but not later than forty-eight hours before the time the ease is set for hearing. Such delivery shall be made in person either to the employee or his repre sentative, or by registered mail to either, and the receipt of either shall be proof of such delivery. If such sur- geon refuses to furnish the employee with such state- ment to the same extent as that furnished the employer, said surgeon shall not be permitted to testify at the hearing next following said examination. If the em- ployee refuses so to submit himself to examination or unnecessarily obstructs the same, his right to compen- Time and Place Employer to Defray Expenses of Employee Employee May Have Own Physi- cian Present Surgeon to Furnish Employee with Copy of Report Examination Obstructed Compensation Suspended 31 sation payments shall be temporarily suspended until such examination shall have taken place, and no com- pensation shall be payable under this Act for such period. It shall be the duty of surgeons treating an injured employee who is likely to die, and treating him at the instance of the employer, to have called in another surgeon to be designated and paid for by either the injured employee or by the person or persons who would become his beneficiary or beneficiaries, to make an examination before the death of such injured em- ployee. In all cases where the examination is made by a surgeon engaged by the injured employee, and the employer has no surgeon present at such examination, it shall be the duty of the surgeon making the examina- tion at the instance of the employee, to deliver to the employer, or his representative, a statement in writing of the condition and extent of the injury to the same extent that said surgeon reports to the employee and the same shall be an exact copy of that furnished to the employee, said copy to be furnished the employer, or his representative, as soon as practicable but not later than forty-eight hours before the time the case is set for hearing. Such delivery shall be made in person either to the employer, or his representative, or by reg- istered mail to either, and the receipt of either shall be proof of such delivery. If such surgeon refuses to furnish the employer with such statement to the same extent as that furnished the employee, said surgeon shall not be permitted to testify at the hearing next following said examination. Sec. 13. Industrial board created—appointment —term of office.] (a) There is hereby created a board which shall be known as the Industrial Board to con- sist of five members to be appointed by the Governor, by and with the consent of the Senate, two of whom shall be representative citizens of the employing class operating under this Act, and two of whom shall be representative citizens of the class of employees oper- iting under this Act, and one of whom shall be a •epresentative citizen not identified with either the imploying or employee classes and who shall be design- ated by the Governor as chairman. Appointment of members to places on the first board or to fill vacancies on said board may be made during recesses of the Senate, but shall be subject to confirmation by the Senate at the next ensuing session of the Legislature. (b) When there shall become effective the Act known as “The Civil Administrative Code of Illinois,” Surgeon’s Duty Employee Likely to Die Employee’s Surgeon to Furnish Employer with Copy of Report Industrial Poard Created 32 Industrial Commission Under Civil Administra- tive Code being an Act entitled, “An Act in relation to the civil administration of the State Government,” there shall thereupon be vested in the Industrial Commission and the industrial officers thereof by said Act created, all of the power and duties vested in the Industrial Board by the Workmen’s Compensation Act, and thereupon wherever in the Workmen’s Compensation Act refer- ence shall be made to the Industrial Board, the board or to any member thereof, it shall be construed as refer- ring and shall apply to the said Industrial Commission, the said commission, and any industrial officer thereof, respectively. [Amended by Act approved June 25, 1917.] Sec. 14. Secretary—assistant secretary—secur- ity SUPERVISOR—-TRAVELING EXPENSES AND DISBURSEMENTS —seal—records—certified copies.] The commission shall appoint a secretary, an assistant secretary and a security supervisor, and shall employe such assistants and clerical help as may be necessary. The members of the commission, arbitrators and other employees whose duties require them to travel, shall have reimbursed to them their actual traveling expenses and disbursements made or incurred by them in the discharge of their official duties while away from their place of residence in the performance of their duties. The commission shall provide itself with a seal for the authentication of its orders, awards and proceedings upon which shall be inscribed the name of the commission and the words “Illinois—Seal.” The secretary or assistant secretary, under the direction of; the industrial commission, shall have charge and custody of the seal of the commission and also charge and custody of all records, files, orders, proceedings, deci- sions, awards and other documents on file with the' commission. He shall furnish certified copies, undei the seal of the commission, of any such records, files orders, proceedings, decisions, awards and other docu, ments on file with the commission as may be re quired. Certified copies so furnished by the secre tary or assistant secretary shall be received in evidene before the commission or any arbitrator thereof, an in all courts, provided that the original of such cert fied copy is otherwise competent and admissible i evidence. The secretary or assistant secretary shal perform such other duties as may be prescribed fron time to time by the commission. The security supervisor, under the direction of tin industrial commission, shall perform such duties as may be prescribed from time to time by the commission [As amended by act approved June 29, 1945.] Salaries of Commissioners Reimburse- ment I raveling Expense Seal Duties of Secretary Prescribed Duties of Security Supervisor Sec. 15. Administration of act.] The industrial commission shall administer this act. [As amened by act approved June 3, 1943.] Sec. 16. Rules and orders—depositions—sub- poenas CONTEMPT HOSPITAL RECORDS STENOGRAPHERS FIXING FEES AND CHARGES OF ATTORNEYS, PHYSICIANS, surgeons and hospitals.] The industrial commission shall make and publish rules and orders for carrying out the duties imposed upon it which rules and orders shall be deemed prima facie reasonable and valid; and the process and procedure before the commission shall be as simple and summary as reasonably may be. The commission upon application of either party may issue dedimus potestatem directed to a commissioner, notary public, justice of the peace or any other officer author- ized by law to administer oaths, to take the deposi- tions of such witness or witnesses as may be neces- sary in the judgment of such applicant. Such dedimus potestatem may issue to any of the officers aforesaid in any state or territory of the United States. When the deposition of any witness resident of a foreign country is desired to be taken, the dedimus shall be directed to and the deposition taken before a consul, vice consul or other authorized representative of the government of the United States of America, whose station is in the country where the witness whose deposition is to be taken resides; provided, that in countries where the government of the United States has no consul or other diplomatic repre- sentative, then depositions shall be taken through the appropriate judicial authority of that country; or wrhere treaties provide for other methods of taking depositions, they may be taken as in such treaties provided. The commission may adopt rules to govern the issue of such dedimus potestatem. The commission, or any member thereof, or any arbitrator designated by the commission may administer oaths, subpoena and examine witnesses, issue subpoenas duces tecum requiring the production of such books, papers, records and documents as may be evidence of any matter under inquiry and examine and inspect the same and such places or premises as may relate to the question in dispute. The commission or any member thereof, or any arbitrator designated by the commission shall on written request of either party to the dispute, issue subpoenas for the attendance of such witnesses and production of such books, papers, records and documents as shall be designated in the applications, providing, however, that the parties applying for such subpoenas shall advance the officer and witness fees pro- vided for in suits pending in the Circuit Court, except Board Jurisdiction Duties as otherwise provided by Section 19a of this Act.1 Serv- ice of such subpoenas shall be made by any sheriff or constable or other person. In case any person refuses to comply with an order of the commission or subpoenas issued by it or by any member thereof, or any arbitrator designated by the commission or to permit an inspection of places or premises, or to produce any books, papers, records, or documents, or any witness refuses to testify to any matter regarding which he may be lawfully inter- rogated, the County Court of the county in which said hearing or matter is pending, on application of any member of the commission or any arbitrator designated by the commission, shall compel obedience by attachment proceedings, as for contempt, as in a case of disobedience of the requirements of a subpoena from such court on a refusal to testify therein. The records kept by a hospital, certified to as true and correct by the superintendent or other officer in charge, showing the medical and surgical treatment given an injured employee in such hospital, shall be admissible without any further proof as evidence of the medical and surgical matters stated therein, but shall not be con- clusive proof of such matters. The commission at its expense shall provide a stenog- rapher to take the testimony and record of proceedings at the hearings before an arbitrator, committee of arbi- tration, or the commission, and said stenographer shall furnish a transcript of the testimony or proceedings to either party requesting it, upon payment to him there- for of ten cents per one hundred words for the original and eight cents per one hundred words for each copy of such transcript, except as otherwise provided by Section 19a of this Act. The commission may determine the reasonableness and fix the amount of any fee of compensation charged by any person, including attorneys, physicians, surgeons and hospitals, for any service performed in connection with this Act, or for which payment is to be made or rendered in securing any right under this Act. [Amended by act approved June 3, 1943.] Sec. 16. Rules and orders—procedure—powers.] The board shall make and publish rules and orders for carrying out the duties imposed upon it by law, which rules and orders shall be deemed prima facie reasonable and valid; and the process and procedure before the board shall be as simple and summary as reasonably may be. The board upon application of either party may issue dedimus postestatem directed to a commissioner, notary public, justice of the peace or Rules and Orders Procedure 35 any other officer authorized by law to administer oaths, to take the depositions of such witness or witnesses as may be necessary in the judgment of such applicant. Such dedimus potestatem may issue to any of the officers aforesaid in any state or territory of the United States. When the deposition of any witness resident of a foreign country is desired to be taken, the dedimus shall be directed to and the deposition taken before a consul, vice consul or other authorized representative of the government of the United States of America, whose station is in the country where the witness whose deposition is to be taken resides; provided, that in countries where the government of the United States has no consul or other diplomatic representative, then depositions in such case shall be taken through the appropriate judicial authority of that country; or where treaties provide for other methods of taking depositions, then the same may be taken as in such treaties provided. The board shall have the power to adopt necessary rules to govern the issue of such dedimus potestatem. The board, or any member there- of, or any arbitrator designated by said board shall have the power to administer oaths, subpoena and examine witnesses; to issue subpoenas duces tecum, requiring the production of such books, papers, records and docu- ments as may be evidence of any matter under inquiry, and to examine and inspect the same and such places or premises as may relate to the question in dispute. Said board, or any member thereof, or any arbitrator designated by said board, shall on written request of either party to the dispute, issue subpeonas for the attendance of such witnesses and production of such books, papers, records and documents as shall be desig- nated in said applications, providing, however, that the parties applying for such subpeona shall advance the officer and witness fees provided for in suits pend- ing in the Circuit Court, except as otherwise provided by Section 19a of this Act.1 Service of such subpoena shall be made by any sheriff or constable or other person. In ease any person refuses to comply with an order of the board or subpeonas issued by it or by any member thereof, or any arbitrator designated by said board or to permit an inspection of places or pre- mises, or to produce any books, papers, records, or documents, or any witness refuses to testify to any matters regarding which he may be lawfully inter- rogated, the County Court of the county in which said hearing or matter is pending, on application of any Dedimus Potestatem Depositions Deposition in Foreign Country Powers of Board Subpoenas Refusing to Comply with Order Contempt How Punished 36 member of the board or any arbitrator designated by the board, shall compel obedience by attachment pro- ceedings, as for contempt, as in a case of disobedience of the requirements of a subpoena from such court on a refusal to testify therein. The records kept by a hospital, certified to as true and correct by the superintendent or other officer in charge, showing the medical and surgical treatment given an injured employee in such hospital, shall be admissible without any further proof as evidence of the medical and surgical matters stated therein, but shall not be conclusive proof of such matters. The Board at its expense shall provide an official court reporter to take the testimony and record of pro- ceedings at the hearings before Arbitrator, committee of arbitration, or the board, who shall furnish a transcript of such testimony or proceedings to either party re- questing it, upon payment to him therefor of fourteen cents per one hundred words for the original and ten cents per one hundred words for each copy of such transcript, except as otherwise provided by Section 19a of this Act. The board shall have the power to determine the reasonableness and fix the amount of any fee of com- pensation charged by any person, including attorneys, physicians, surgeons and hospitals, for any service performed in connection with this Act, or for which payment is to be made under this Act or rendered in securing any right under this act. [Amended by act approved July 15, 1943.] Sec. 17. Blank forms—records—destroying old papers.] The Industrial Commission shall cause to be printed and furnish free of charge upon request by any employer or employee such blank forms as may facilitate or promote efficient administration and the performance of the duties of the commission; it shall provide a proper record in which shall be entered and indexed the name of any employer who shall file a notice of declination or withdrawal under this act, and the date of the filing thereof; and a proper record in which shall be entered and indexed the name of any employee who shall file such notice of declination or withdrawal, and the date of the filing thereof; and such other notices as may be required by this act; and records in which shall be re- corded all proceedings, orders and awards had or made by the commission or by the arbitration committees, and such other books or records as it shall deem necessary, all such records to be kept in the office of the commission. The commission may destroy all papers and documents Hospital Records Admissible as Evidence Provision for Stenog- raphers— Court Reporters Power to Fix Fees Blank Forms Records Books Commission May Destroy Files 37 which have been on file for more than five years where there is no claim for compensation pending, or where more than two years have elapsed since the termination of the compensation period. [As amended by act ap- proved June 3, 1943.] Sec. 18. Questions determined by industrial board.] All questions arising under this Act, if not settled by agreement of the parties interested therein, shall, except as otherwise provided, be determined by the industrial commission. [As amended by act approved June 3, 1943.] Sec. 19. Disputed questions of law or fact—• COMMITTEE OF ARBITRATION DECISION PETITION FOR REVIEW — PHYSICIAN DECISION OF INDUSTRIAL BOARD — REVIEW BY CIRCUIT COURT CIRCUIT COURT TO RENDER JUDGMENT REVIEW AFTER AWARD ADDRESS TO BE FILED NOTICE WRIT OF ERROR TO SUPREME COURT.] Any disputed questions of law or fact shall be determined as herein provided. (a) It shall be the duty of the industrial com- mission upon notification that the parties have failed to reach an agreement, to designate an arbitrator; provided, that if the compensation claimed is for a par- tial permanent or total permanent incapacity or for death, then the dispute may, at the election of either party, be determined by the committee of arbitration, which election for determination by a committee shall be made by petitioner filing with the commission his election in writing with his petition or by the other party filing with the commission his election in writing within five days of notice to him of the filing of the petition, and thereupon, it shall be the duty of the industrial commission upon either of the parties having filed their election for a com- mittee of arbitration as above provided, to notify both parties to appoint their respective respresentatives on the committee of arbitration. The commission shall designate an arbitrator to act as chairman, and if either party fails to appoint its members on the com- mittee within seven days after notification as above provided, the commission shall appoint a person to fill the vacancy and notify the parties to that effect. The party filing his election for a committee of arbi- tration shall with his election, except as otherwise provided by Section 19a of this Act,1 deposit with the commission the sum of twenty dollars, to be paid by the commission to the arbitrators selected by the parties as compensation for their services as arbitrators and upon Questions Determined by Board Disputed Questions of Law or Fact Arbitrator Designated Dispute Designation of Committee Arbitration Expenses Arbitration Committee 38 a failure to deposit as aforesaid, the election shall be void and the determination shall be by an arbitrator designated by the commission. The members of the com- mittee of arbitration appointed by either of the parties or one appointed by the commission to fill a vacancy by reason of the failure of one of the parties to appoint, shall not be a member of the commission or an employee thereof. (b) The arbitrator or committee of arbitration shall make such inquiries and investigations as he or they shall deem necessary and may examine and in- spect all books, papers, records, places, or premises relating to the questions in dispute and hear such prop- er evidence as the parties may submit. The hearings before the arbitrator or committee of arbitration shall be held in the vicinity where the injury occurred, after ten days’ notice of the time and place of such hearing shall have been given to each of the parties or their attorneys of record. The arbitrator or committee of arbitration may find that the disabling condition is temporary and has not yet reached a per- manent condition and may order the payment of com- pensation up to the date of the hearing, which award shall be reviewable and enforceable in the same man- ner as other awards, and in no instance be a bar to a further hearing and determination of a further amount of temporary total compensation or of compensation for permanent disability, but shall be conclusive as to all other questions except the nature and extent of said disability. The decision of the arbitrator or com- mittee of arbitration shall be filed with the industrial commission, which commission shall immediately send to each party or his attorney a copy of such decision, together with a notification of the time when it was filed, and unless a petition for review is filed by either party within fifteen days after the receipt by said party of the copy of said decision and notification of time when filed, and unless such party petitioning for a review shall within twenty days after the receipt by him of the copy of said decision, file with the commission either an agreed statement of the facts appearing upon the hearing before the arbitrator or committee of arbi- tration, or if such party shall so elect, a correct tran- script of evidence of the proceedings at such hearings, then the decision shall become the decision of the in- dustrial commission and in the absence of fraud shall be conclusive: Provided, that such industrial com- mission or any member thereof may grant further time Arbitration Hearings Notice Award Where Temporary Disability Not Ended Decision Review Time for Statement of Facts op Transcript of Evidence Filing Fraud Extension of Time 39 not exceeding thirty days, in which to petition for such review or to file such agreed statement or tran- script of evidence. Such agreed statement of facts or correct transcript of evidence, as the case may be, shall be authenticated by the signatures of the parties or their attorneys, and in the event they do not agree as to the correctness of the transcript of evidence it shall be authenticated by the signature of the arbitrator designated by the commission. (c) The industrial commission may appoint, at its own expense, a duly qualified, impartial physician to examine the injured employee and report to the com- mission. The fee for this service shall not exceed five dollars and traveling expenses, but the commission may allow additional reasonable amounts in extraor- dinary cases. The fees and the payment thereof of all attorneys and physicians for services authorized by the commis- sion under this Act shall, upon request of either the employer or the employee or the beneficiary affected, be subject to the review and decision of the indus- trial commission. (d) If any employee shall persist in insanitary or injurious practices which tend to either imperil or retard his recovery or shall refuse to submit to such medical, surgical, or hospital treatment as is reason- ably essential to promote his recovery, the commission may, in its discretion, reduce or suspend the compen- sation of any such injured employee. (e) If a petition for review and agreed statement of facts or transcript of evidence is filed, as provided herein, the industrial commission shall promptly review the decision of the arbitrator or committee of arbitra- tion and all questions of law or fact which appear from the said statement of facts or transcript of evidence, and such additional evidence as the parties may submit. After such hearing upon review, the commission shall file in its office its decision thereon, and shall immedi- ately send to each party or his attorney a copy of such decision and a notification of the time when it was filed. Such review and hearing may be held in its office or elsewhere as the commission may deem advisable: Provided, that the taking of testimony on such hearing may be had before any member of the commission and in the event either of the parties may desire an argument before others ©f the commission, such argument may be had upon written demand therefor filed with the Commission May Appoint Physician Fees for Services Refusal to Submit to Medical T reatment Compensation Suspended Review by Commission Additional Evidence Hearing on Review 40 commissioner at least five days before the date of the hearing, in which event such argument shall be had before not less than a majority of the commission: Provided, that the commission shall give ten days’ notice to the parties or their attorneys of the time and place of such taking of testimony and of such argument. In any case the commission in its decision may in its discretion find specially upon any question or questions of law or fact which shall be submitted in writing by either party, whether ultimate or otherwise. Any party may, within twenty days after receipt of notice of the commission’s decision, or within such further time, not exceeding thirty days, as the com- mission may grant, file with the commission either an agreed statement of the facts appearing upon the hear- ing, or, if such party shall so elect, a correct transcript of evidence of tjie additional proceedings presented be- fore the commission, in which report the party may embody a correct statement of such other proceedings in the case as such party may desire to have reviewed, such statement of facts or transcript of evidence to be authenticated by the signature of the parties or their attorneys, and in the event that they do not agree, then the authentication of such transcript of evidence shall be by the signature of any member of the com- mission. If a reporter does not for any reason furnish a transcript of the proceedings before the arbitrator in any case for use on a hearing for review before the industrial commission, within the limitations of time as fixed in this section, the industrial commission may, in its discretion, order a trial de novo before the in- dustrial commission in such case upon application of either party. The applications for adjustment of claim and other documents in the nature of pleadings filed by either party, together with the decisions of the arbi- trator and of the industrial commission and the state- ment of facts or transcripts of evidence hereinbefore provided for in paragraphs (b) and (c) shall be the record of the proceedings of said commission, and shall be subject to review as hereinafter provided. (f) The decision of the industrial commission act- ing within its powers, according to the provisions of paragraph (e) of this section shall, in the absence of fraud, be conclusive unless reviewed as in this para- graph hereinafter provided: Provided, however, that the arbitrator or the commission may on his or its own motion, or on the motion of either party, correct any clerical error or errors in computation within fifteen days after the date of any award by such arbitrator or Oral Argument Special Findings Transcript of Evidence Authenti- cation Trial De Novo What Con- stitutes Record of Proceedings Decision Conclusive Correction of Clerical Errors in Award or Decision 41 any decision on review of the commission, and shall have the power to recall the original award on arbitration or decision on review, and issue in lieu thereof such cor- rected award or decision. Where such correction is made the time for appeal or review herein specified shall begin to run from the date of the receipt of the corrected award or decision. (1) The Circuit Court of the county and the City Court of the City, if it has more than twenty-five thou- sand (25,000) inhabitants, where any of the parties de- fendant may be found shall by writ of certiorari to the industrial commission have power to review all questions of law and fact presented by such record. Such suit by writ of certiorari shall be commenced within twenty days of the receipt of notice of the de- cision of the commission. Such writ of certiorari and writ of scire facias shall be issued by the clerk of such court upon praecipe returnable on a designated return day, not less than ten or more than sixty days from the date of issuance thereof, and the praecipe shall contain the last known address of other parties in interest and their attorneys of record who are to be served by scire facias. Service upon any member of the industrial commission or the secretary or the assistant secretary thereof shall be service upon the commission, and service upon other parties in interest and their attorneys of record shall be by scire facias, and such service shall be made upon said commission and other parties in inter- est by mailing notices of the commencement of the pro- ceedings and the return day of the writ to the office of the said commission and to the last known place of resi- dence of other parties in interest or their attorney or attorneys of record. The clerk of the court issuing the writ of scire facias shall on the day of issue mail notice of the commencement of the proceedings which shall be done by mailing a copy of the writ of certiorari to the office of the industrial commission, and a copy of the writ of scire facias to the other parties in interest or their attorney or attorneys of record, and the clerk of said court shall make certificate that he has so sent said notices in pursuance of this section, which shall be evi- dence of service on the commission and other parties in interest. The industrial commission shall not be required to certify the record of their proceedings to the Circuit or City Court, unless the party commencing the proceed- ings for review in the Circuit or City Court as above provided, shall pay to the commission the sum of four- Circuit or City Court Review Law and Fact Writ of Certiorari Issued Time Address Parties In Interest Mailing Notice Clerk of Circuit or City Court Mail Notices Commission Parties in Interest Clerk’s Certificate Record of Proceedings 42 Certification on Payment of Costs teen cents per one hundred words of testimony taken before said commission, and eight cents per one hun- dred words of all other matters contained in such record, except as otherwise provided by Section 19a of this Act, and it shall be the duty of the commission upon such payment, or failure to pay as permitted under Section 19a of this Act, to prepare a true and correct type- written copy of such testimony and a true and correct copy of all other matters contained in such record and certified to by the secretary thereof. In its decision on review the industrial commission shall determine in each particular case the amount of the probable cost of the record to be filed as a return to the writ of certiorari in that case and no praecipe for a writ of certiorari may be filed and no writ of certiorari shall issue unless the party seeking to review the decision of the industrial commission shall exhibit to the clerk of the said Circuit or City Court a receipt showing payment of the sums so determined to the secretary of the industrial commission, except as otherwise provided by Section 19a of this Act. (2) No such writ of certiorari shall issue unless the one against whom the industrial commission shall have rendered an award for the payment of money shall upon the filing of his praecipe for such writ file with the clerk of said court a bond conditioned that if he shall not suc- cessfully prosecute said writ, he will pay the said award and the costs of the proceedings in said court. The amount of the bond shall be fixed by any member of the industrial commission and the surety or sureties of said bond shall be approved by the clerk of said court. The State and every county, city, town, township, incorporated village, school district, body politic or mu- nicipal corporation having a population of five hundred thousand or more against whom the industrial commis- sion shall have rendered an award for the payment of money shall not be required to file a bond to secure the payment of said award and the costs of the proceedings in said court to authorize said court to issue such writ of certiorari. The court may confirm or set aside the decision of the industrial commission. If the decision is set aside and the facts found in the proceedings before the com- mission are sufficient, the court may enter such decision as is justified by law, or may remand the cause to the industrial commission for further proceedings and may state the questions requiring further hearing, and give such other instructions as may be proper. Commission Determine Cost of Record Issue Receipt Certiorari Bond Confirming Setting Aside Decision Remanding 43 Judgments and orders of the Circuit or City Court under this Act shall be reviewed only by the Supreme Court upon a writ of error which the Supreme Court in its discretion may order to issue, if applied for within sixty days after the rendition of the Circuit or City Court judgment or order sought to he reviewed. The writ of error when issued shall operate as a supersedeas. The bond filed with the praecipe for the writ of cer- tiorari as provided in this paragraph shall operate as a stay of judgment or order of the Circuit or City Court until the time shall have passed within which an applica- tion for a writ of error can be made, and until the Supreme Court has acted upon the application for a writ of error, if such application is made. It shall be the duty of the clerk of any court render- ing a decision affecting or affirming an award of the com- mission to promptly furnish the commission with a copy of such decision, without charge. The decision of a majority of the members of the committee of arbitration or of the industrial commission, shall be considered the decision of such committee or commission, respectively. (g) Either party may present a certified copy of the award of the arbitrator, or a certified copy of the decision of the industrial commission when the same has become final, when no proceedings for review are pend- ing, providing for the payment of compensation accord- ing to this Act, to the Circuit Court of the county or to the City Court of the City in which such accident oc- curred or either of the parties are residents, whereupon said court shall render a judgment in accordance there- with; and in case where the employer refuses to pay compensation according to such final award or such final decision upon which such judgment is entered, the court shall in entering judgment thereon, tax as costs against him the reasonable costs and attorney fees in the arbitra- tion proceedings and in the court entering the judgment for the person in whose favor the judgment is entered, which judgment and costs taxed as herein provided shall, until and unless set aside, have the same effect as though duly rendered in an action duly tried and deter- mined by said court, and shall with like effect, be entered and docketed. The Circuit or City Court shall have power at any time upon application to make any such judgment conform to any modification required by any subsequent decision of the Supreme Court upon appeal, or as the result of any subsequent proceedings for review, as provided in this Act. Judgments Review Writ of Error Time to Sue Out Writ Supersedeas Bond Judgment Stay Court Decisions to be Furnished to Commis- sion Decision of Majority of Commission Judgment on Award Costs Attorney’s Fees Judgment Modification 44 Notice Required for Judgment Judgment shall not be entered until fifteen days’ notice of the time and place of the application for the entry of judgment shall be served upon the employer by filing such notice with the industrial commission, which commission shall, in case it has on file the address of the employer or the name and address of its agent upon whom notices may be served, immediately send a copy of the notice to the employer or such designated agent. (h) An agreement or award under this Act provid- ing for compensation in installments, may at any time within eighteen months after such agreement or award be reviewed by the industrial commission at the request of either the employer or the employee, on the ground that the disability of the employee has subsequently re- curred, increased, diminished or ended; and on such re- view compensation payments may be re-established, in- creased, diminished or ended: Provided that the com- mission shall give fifteen days’ notice to the parties of the hearing for review: And, provided, further, any employee, upon any petition for such review being filed by the employer, shall be entitled to one day’s notice for each one hundred miles necessary to be traveled by him in attending the hearing of the commission upon said petition, and three days in addition thereto, and such employee shall, at the discretion of the commission, also be entitled to five cents per mile necessarily traveled by him within the State of Illinois in attending such hear- ing, not to exceed a distance of 300 miles, to be taxed by the commission as costs and deposited with the petition of the employer: Provided, further, that when compen- sation which is payable in accordance with an award or settlement contract approved by the industrial commis- sion, is ordered paid in a lump sum by the commission, no review shall be had as in this paragraph mentioned. (i) Each party, upon taking any proceedings or steps whatsoever before any arbitrator, committee of ar- bitration, industrial commission or court, shall file with the industrial commission his address, or the name and address of any agent upon whom all notices to be given to such party shall be served, either personally or by registered mail, addressed to such party or agent at the last address so filed with the industrial commission: Provided, that in the event such party has not filed his address, or the name and address of an agent, as above provided, service of any notice may be had by filing such notice with the industrial commission. (j) Whenever in any proceeding testimony has been taken or a final decision has been rendered, and after the taking of such testimony or after such decision Review of Agreement or Award if Disability Recurs, Increases, Diminishes or Ends Notice of Hearing Fee for Travel Award, Settlement Contract Paid in Lump Sum Not Reviewable Under This Section Address Filed Service of Notice Death of Employee 45 has become final, the injured employee dies, then in any subsequent proceeding brought by the personal repre- sentative or beneficiaries of the deceased employee, such testimony in the former proceeding may be introduced with the same force and effect as though the witness having so testified were present in person in such subse- quent proceedings and such final decision, if any, shall be taken as final adjudication of any of the issues which are the same in both proceedings. (k) In any case where there has been any un- reasonable or vexatious delay of payment or intentional underpayment of compensation, or proceedings have been instituted or carried on by the one liable to pay the compensation, which do not present a real controversy, but are merely frivolous or for delay, then the commis- sion may award compensation additional to that other- wise payable under this Act equal to fifty percentum of the amount payable at the time of such award. Failure to pay compensation in accordance with the provisions of Section 8, paragraph (i) of this Act, shall be considered unreasonable delay. [As amended by act approved July 15, 1943.] Sec. 19a. If the Commission shall, before or after any hearing, proceeding, or review to any court, be satisfied that the employee is a poor person, and unable to pay the costs and expenses provided for by this Act, the Commission shall permit such poor person to have all the rights and remedies provided by this Act, in- cluding the issuance and service of subpoenas; a tran- script of testimony and the record of proceedings at hearings before an arbitrator, committee of arbitration, or the board; the right to elect for a committee of arbi- tration; the right to have the record of proceedings certified to the circuit court; the right to the filing of a praecipe for a writ of certiorari; and the right to the issuance of a writ of certiorari, wuthout the filing of a bond for costs and without the payment of any of the costs provided for by this act; provided that the com- mission shall not be required to furnish photostatic copies of exhibits unless the cost thereof shall have been deposited with the Commission; provided, further, that if an award is granted to such employee, or settlement is made, the costs and expenses chargeable to said em- ployee as provided for by this Act shall be paid by the employer out of the award herein granted, or settle- ment, before any of the balance of said award or set- tlement shall be paid to the employee. Approved July 15, 1943. T estimony on Former Hearing Additional Compensation Where Delay or Intentional Underpay- ment What Considered Unreasonable Delay 46 Reports Bulletins Sec. 20. Annual report to governor.] The In- dustrial Commission shall report in writing to the Gov- ernor on the 30th day of June, annually, the details and results of its administration of this Act, and may pre- pare and issue such special bulletins and reports from time to time as may seem advisable. [As amended by act approved June 3, 1943.] Sec. 21. Award not subject to lien — death.] No payment, claim, award or decision under this Act shall be assignable or subject to any lien, attachment or garnishment, or be held liable in any way for any lien, debt, penalty or damages. And the compensation al- lowed by any award or decision of the commission shall be entitled to a preference over the unsecured debts of the employer, wages excepted, contracted after the date of the injury to an employee. A decision or award of the Industrial Commission against an employer for com- pensation under this Act, or a written agreement by an employer to pay such compensation shall, upon the filing of a certified copy of the decision or said agreement, as the case may be, with the recorder of deeds of the county, constitute a lien upon all property of the em- ployer within said county, paramount to all other claims or liens, except mortgages, trust deeds, or for wages or taxes, and such liens may be enforced in the manner provided for the foreclosure of mortgages under the laws of this State. Any right to receive compensation here- under shall be extinguished by the death of the person or persons entitled thereto, subject to the provisions of this Act relative to compensation for death received in the course of employment, and subject to the provisions of paragraph (e) of section 8 of this Act relative to specific loss: Provided, that upon the death of a bene- ficiary, who is receiving compensation provided for in section 7, leaving surviving a parent, sister or brother of the deceased employee, at the time of his death de- pendent upon him for support, who were receiving from such beneficiary a contribution to support, then that proportion of the compensation of the beneficiary which would have been paid but for the death of the benefi- ciary, but in no event exceeding said unpaid compensa- tion, which the contribution of the beneficiary to the dependent’s support within one year prior to the death ©f the beneficiary bears to the compensation of the bene- ficiary within that year, shall be continued for the bene- fit of such dependents, notwithstanding the death of the beneficiary. [Amended by Act approved June 10, 1929.] Award Non-Assign- able Award to Have Preference Over Unse- cured Debts Decision Recorded Lien Compensation Extinguished Beneficiary Death 47 Sec. 22. Contract within seven days after in- jury presumed fraudulent.] Any contract or agree- ment made by any employer or his agent or attorney with any employee or any other beneficiary of any claim under the provisions of this Act within seven days after the injury shall be presumed to be fraudulent. Sec. 23. Waiver op provisions must be approved by industrial board.] No employee, personal repre- sentative, or beneficiary shall have power to waive any of the provisions of this Act in regard to the amount of compensation which may be payable to such employee, personal representative or beneficiary hereunder except after approval by the Industrial Commission. A minor death beneficiary, by parent or grand- parent as next friend, may compromise disputes and may enter into and submit a settlement contract or lump sum petition, and upon approval by the Industrial Com- mission such settlement contract or lump sum order shall have the same force and effect as though such minor had been an adult. Sec. 24. Notice of accident—limit of time for filing claim.] No proceedings for compensation under this Act shall be maintained unless notice of the accident has been given to the employer as soon as practicable, but not later than thirty days after the accident, except in cases of hernia, in which cases notice shall be given the employer within fifteen days after the accident. In case of mental incapacity of the employee or any de- pendents of a deceased employee who may be entitled to compensation under the provisions of this Act, the limi- tations of time by this Act provided shall not begin to run against said mental incompetents until a conservator or guardian has been appointed: Provided that where such limitation bars an adult mentally competent mem- ber of a class of beneficiaries entitled to receive com- pensation for death, such limitation shall then bar all beneficiaries notwithstanding that another or others be mentally or otherwise incapacitated or incompetent. No defect or inaccuracy of such notice shall be a bar to the maintenance of proceedings of arbitration or otherwise by the employee unless the employer proves that he is unduly prejudiced in such proceedings by such defect or inaccuracy. Notice of the accident shall give the ap- proximate date and place of the accident, if known, and may be given orally or in writing; provided, no proceed- ings for compensation under this Act shall be main- tained unless claim for compensation has been made within six months after the accident, Provided, that in any case, unless application for compensation is filed Contract Fraudulent Provisions Waiver Notice of Accident Notice of Hernia Mental I ncapacity Inaccuracy Notice Oral or Written Claim for Compensation Within Six Months with the Industrial Commission within one year after the date of the accident, where no compensation has been paid, or within one year after the date of the last pay- ment of compensation, where any has been paid, the right to file such application shall be barred; Provided, further, that if the accidental injury results in death within said year, application for compensation for death may be filed with the Industrial Commission within one year after the date of death, but not thereafter. Sec. 25. How employer may be relieved op lia- bility for compensation.] Any employer against whom liability may exist for compensation under this Act shall upon the order and direction of the industrial commis- sion: (a) Deposit the commuted value of the total un- paid compensation for which such liability exists, com- puted at three percentum per annum in the same man- ner as provided in section 9, with the State Treasurer, or county treasurer in the county where the accident happened, or with any State or National bank or trust company doing business in this State, or in some other suitable depository approved by the industrial commis- sion : Provided, that any such depository to which such compensation may be paid, shall pay the same out in installments as in this Act provided, unless such sum is ordered paid in, and is commuted to a lump sum pay- ment in accordance with the provisions of this Act; or (b) Purchase an annuity, in an amount of com- pensation due or computed, under this Act within the limitation provided by law in any insurance company granting annuities and licensed or permitted to do busi- ness in this State which may be designated by the em- ployer or the industrial commission. [Amended by Act approved June 29, 1921.] Sec. 26. Provisions to be made by employer elect- ing TO PAY COMPENSATION APPROVAL OF INDUSTRIAL BOARD WHEN PROVISION NOT MADE OR NOT APPROVED— INSURANCE LIABILITY—FAILURE TO COMPLY.] (a) Any employer who shall come within the provisions of section 3 of this Act, and any other employer who shall elect to provide and pay the compensation provided for in this Act shall: (1) File with the commission a sworn statement showing his financial ability to pay the compensation provided for in this Act, the affidavit to which statement shall be signed and sworn to by the president or vice president and secretary or assistant secretary of said employer if it be a corporation, or by all of the partners Barred Unless Claim Filed with Commission Liability Relief From Depositing Compensation Annuity Provisions to Pay Statement 49 if it be a co-partnership, or by the owner if it be neither a co-partnership nor a corporation. If any such employer fails to file such a sworn state- ment, or if the sworn statement of any such employer does not satisfy the commission of the financial ability of the employer who has filed it, the commission shall require such employer to, (2) Furnish security, indemnity or a bond guaran- teeing the payment by the employer of the compensation provided for in this Act, or (3) Insure his entire liability to pay such compen- sation in some insurance carrier authorized, licensed, or permitted to do such insurance business in this State; all policies of such insurance carriers insuring the pay- ment of compensation under this Act shall cover all the employees and the entire compensation liability of the insured, and any provision in such policy, or in any en- dorsement attached thereto, attempting to limit or modi- fy in any way, the liability of the insurance carriers is- suing the same shall be wholly void; provided, that noth- ing herein contained shall apply to policies of excess liability carriage secured by employers who have quali- fied under subparagraphs 1 or 2 of paragraph (a) of this section, or (4) Make some other provision, satisfactory to the industrial commission, for the securing of the payment of compensation provided for in this Act, and (5) Upon becoming subject to this Act and there- after as often as the commission may in writing demand, file with the commission in form prescribed by it evi- dence of his compliance with the provisions of this section, ( b) The sworn statement of financial ability, or se- curity, indemnity or bond, or amount of insurance, or other provisions, filed, furnished, carried, or made by the employer, as the case may be, shall be subject to the ap- proval of the commission, upon the approval of which, the commission shall send to the employer written notice of its approval thereof. A certificate of compliance with the provisions of subparagraphs 2 and 3 of paragraph (a) of this section shall within five days after the effect- ive date of said policy be delivered by the insurance car- rier to the industrial commission. Said policy shall re- main in full force and effect until ten days after receipt by the industrial commission of notice of its cancellation or expiration and shall cover all compensation liability occurring during said time. (c) Whenever the industrial commission shall find Furnishing Security I nsuring Compensation I nsurance Policy Shall Cover Entire Compensation Liability Alternative File Evidence of Compliance Approval by Commission Delivery of Certificate of Compliance Notice of Cancellation of Policy 50 Insurer Insolvent that any corporation, company, association, aggregation of individuals, reciprocal or interinsurers exchange, or other insurer affecting workmen’s compensation insur- ance in this State shall be insolvent, financially unsound, or unable to fully meet all payments and liabilities as- sumed or to be assumed for compensation insurance in this State, or shall practice a policy of delay or unfair- ness toward employees in the adjustment, settlement, or payment of benefits due such employees, the said in- dustrial commission may after reasonable notice and hearing order and direct that such corporation, com- pany, association, aggregation of individuals, reciprocal or interinsurers exchange, or insurer, shall from and after a date fixed in such order discontinue the writing of any such workmen’s compensation insurance in this State. Subject to such modification of said order as the commission may later make on review of said order, as herein provided, it shall thereupon be unlawful for any such corporation, company, association, aggregation of individuals, reciprocal or interinsurers exchange, or in- surer to effect any workmen’s compensation insurance in this State. All orders made by the industrial commis- sion under this section shall be subject to review by the courts, said review to be taken in the same manner and within the same time as provided by section 19 of this Act for review of awards and decisions of the industrial commission, upon the party seeking said review filing with the clerk of the court to which said review is taken a bond in an amount to be fixed and approved by the judge of the court to which said review is taken, condi- tioned upon the payment of all compensation awarded against said person taking said review pending a deci- sion thereof, provided that upon said review the Circuit Court shall have power to review all questions of fact as well as of law: Provided, that the penalty hereinafter provided for in this paragraph shall not attach and shall not begin to run until the final determination of the order of the commission. (d) The failure or neglect of an employer to com- ply with any of the provisions of paragraph (a) of this section shall be deemed a misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, for each day of such refusal or neglect until the same ceases. Each day of such refusal or neglect shall constitute a separate offense. In all prosecutions under this section the venue may be in any county wherein said employer or insurance carrier has property or maintains a principal office. Up- on the failure or refusal of any employer or insurance carrier to comply with the orders of the industrial com- Delay and Unfairness Commission May Order Discontinu- ance of Business Orders of Commission Subject to Review Non- Compliance Penalty Attorney General to Prosecute 51 mission under this section, or the order of the court on review after final adjudication, it shall be the duty of the industrial commission to immediately report said failure or refusal to the Attorney General and it shall be the duty of said Attorney General within thirty days after receipt of said notice, to institute prosecu- tions and promptly prosecute all reported violations of this section. Sec. 27. Not affect continuance of any existing INSURANCE, ETC. NOT PREVENT EMPLOYER FROM INSUR- ING EMPLOYEE MAY INSURE FOR ADDITIONAL. BENEFITS.] (a) This Act shall not affect or disturb the continuance of any existing insurance, mutual aid, benefit, or relief association or department, whether maintained in whole or in part by the employer or whether maintained by the employees, the payment of benefits of such association or department being guaranteed by the employer or by some person, firm or corporation for him: Provided, the employer contributes to such association or department an amount not less than the full compensation herein provided, exclusive of the cost of the maintenance of such association or department and without any expense to the employee. This Act shall not prevent the organi- zation and maintaining under the insurance laws of this State of any benefit or insurance company for the pur- pose of insuring against the compensation provided for in this Act, the expense of which is maintained by the employer. This Act shall not prevent the organization or maintaining under the insurance laws of this State of any voluntary mutual aid, benefit or relief association among employees for the payment of additional accident or sick benefits. (b) No existing insurance, mutual aid, benefit or relief association or department shall, by reason of any- thing herein contained, be authorized to discontinue its operation without first discharging its obligations to any and all persons carrying insurance in the same or en- titled to relief or benefits therein. (e) Any contract, oral, written or implied, of em- ployment providing for relief benefit, or insurance or any other device whereby the employee is required to pay any premium or premiums for insurance against the compensation provided for in this Act shall be null and void, and any employer withholding from the wages of any employee any amount for the purpose of paying any such premium shall be guilty of a misdemeanor and punishable by a fine of not less than ten dollars nor more than one thousand dollars, or imprisonment in the county jail for not more than six months, or both, in the discretion of the court. Existing Insurance Mutual Bene- fit Society Insurer Can Not Discontinue Wages Withheld for Premium 52 Carrier Liability Sec. 28. When insurance carrier becomes pri- marily liable.] In the event the employer does not pay the compensation for which he is liable, then an insur- ance company, association or insurer which may have insured such employer against such liability shall be- come primarily liable to pay to the employee, his per- sonal representative or beneficiary the compensation re- quired by the provisions of this Act to be paid by such employer. The insurance carrier may be made a party to the proceedings to which the employer is a party and an award may be entered jointly against the employer and the insurance carrier. Sec. 29. Where injury caused under circum- stances CREATING A LEGAL LIABILITY IN SOME PERSON other than the employer.] Where an injury or death for which compensation is payable by the employer un- der this Act was not proximately caused by the negli- gence of the employer or his employees, and was caused under circumstances creating a legal liability for dam- ages in some person other than the employer to pay damages, such other person having also elected to be bound by this Act, or being bound thereby under section three (3) of this Act, then the right of the employee or personal representative to recover against such other person shall be transferred to his employer and such employer may bring legal proceedings against such other person to recover the damages sustained, in an amount not exceeding the aggregate amount of compensation payable under this Act, by reason of the injury or death of such employee. Where the injury or death for which compensation is payable under this Act was not proximately caused by the negligence of the employer or his employees and was caused under circumstances creating a legal liability for damages on the part of some person other than the em- ployer to pay damages, such other person having elected not to be bound by this Act, then legal proceedings may be taken against such other person to recover damages notwithstanding such employer’s payment of or liability to pay compensation under this Act. In such case, how- ever, if the action against such other person is brought by the injured employee or his personal representative and judgment is obtained and paid, or settlement is made with such other person, either with or without suit, then from the amount received by such employee or per- sonal representative there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee or personal representative. If the injured employee or his personal representa- Joint Award Third Person Injury.by Subrogation Third Person Not Under Act 53 tive shall agree to receive compensation from the em- ployer or accept from the employer any payment on ac- count of such compensation, or to institute proceedings to recover the same, the said employer may have or claim a lien upon any award, judgment or fund out of which such employee might be compensated from such third party. In such actions brought by the employee or his personal representative, he shall forthwith notify his employer by personal service or registered mail, of such fact and of the name of the court in which such suit is brought, filing proof thereof in such action. The em- ployer may, at any time thereafter join in said action upon his motion so that all orders of court after hearing and judgment shall be made for his protection. No release or settlement of claim for damages by reason of such injury or death, and no satisfaction of judgment in such proceedings, shall be valid without the written consent of both employer and employee or his personal representative, except in the case of the employers, such consent shall not be required where said employer has been fully indemnified or protected by Court order. In the event the said employee or his personal rep- resentative shall fail to institute a proceeding against mch third person at any time prior to three months oefore said action would be barred at law said employer may in his own name, or in the name of the employee, or his personal representative, commence a proceeding against such other person for the recovery of damages on account of such injury or death to the employee, and out of any amount recovered the employer shall pay over to the injured employee or his personal representa- tive all sums collected from such other person by judg- ment or otherwise in excess of the amount of such com- pensation paid or to be paid under this Act, and costs, attorney’s fees and reasonable expenses as may be in- curred by such employer in making such collection or in enforcing such liability. Sec. 30. Every employer subject to this act shall send to the Industrial Commission in writing an immedi- ate report of all accidental injuries arising out of and in the course of the employment and resulting in death. Every such employer shall also report between the 15th and the 25th of each month to the Industrial Commission all accidental injuries for which compensation has been paid under this Act, which injuries entail a loss to the employee of more than one week’s time, and in case the Subrogation Accident Report Disability 54 Report as to Compensation injury results in permanent disability, a further report shall be made as soon as it is determined that such perma- nent disability has resulted or will result from such in- jury. All reports shall state the date of the injury, including the time of day or night, the nature of the employer’s business, the name, address, the age, sex, conjugal condition of the injured person, the specific oc- cupation of the injured person, the direct cause of the injury and the nature of the accident, the character of the injury, the length of disability, and, in case of death, the length of disability before death, the wages of the injured person, whether compensation has been paid to the injured person, or to his legal representatives or his heirs or next of kin, the amount of compensation paid, the amount paid for physicians’, surgeons’ and hospital bills, and by whom paid, and the amount paid for funeral or burial expenses, if known. The making of such reports shall release the employer from making such reports to any other officer of the State. [Approved June 3, 1943.] Sec. 30y2. Printed notices of rules, etc., to be posted.] Every employer within the provisions of this Act shall, under the rules and regulations prescribed by the Industrial Commission, post printed notices in their respective places of employment in such number and at such places as may be determined by the Commission, containing such information relative to this Act as in the judgment of the Commission may be necessary to aid employees to safeguard their rights under this Act in event of injury. [Added by Act approved July 8, 1933.] Sec. 31. Who included in term “employer”— CONTRACTING WITH OTHERS TO DO THE WORK.] Any one engaging in any business or enterprise referred to in sub- sections 1 and 2 of section 3 of this Act who undertakes to do any work enumerated therein, shall be liable to pay compensation to his own immediate employees in accord- ance with the provisions of this Act, and in addition thereto if he directly or indirectly engages any con- tractor whether principal or sub-contractor to do any such work, he shall be liable to pay compensation to the employees of any such contractor or sub-contractor un- less such contractor or sub-contractor shall have insured, in any company or association authorized under the laws of this State to insure the liability to pay compensation under this Act, or guaranteed his liability to pay such compensation. In the event any such person shall pay compensa- tion under this section he may recover the amount there- Printed Notices Contract with Others Duty to Insure Recovery Against Contractor 55 of from the contractor or sub-contractor, if any, and in the event the contractor shall pay compensation under this section he may recover the amount thereof from the sub-contractor, if any. This section shall not apply in any case where the accident occurs elsewhere than on, in or about the imme- diate premises on which the principal has contracted that the work shall be done. [Amended by Act ap- proved June 28, 1919.] Sec. 32. Right of action accruing before taking EFFECT OF THIS ACT—IF THIS ACT REPEALED, ETC. CLAIM under previous act how adjusted.] If any of the pro- visions of this Act providing for compensation for in- juries to or death of employees shall be repealed or ad- judged invalid or unconstitutional, the period inter- vening between the occurrence of any injury or death and such repeal or final adjudication of invalidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury. Any claim, disagreement or controversy existing or arising under “An Act to promote the gener- al welfare of the people of this State, by providing com- pensation for accidental injuries or death suffered in the course of employment,” approved June 10, 1911, in force May 1, 1912, shall be adjusted in accordance with the provisions of said Act, notwithstanding the repeal thereof, or may by agreement of the parties be adjusted in accordance with the method of procedure provided in this Act for the adjustment of differences, jurisdiction to adjust such differences so submitted by the parties being hereby conferred upon the Industrial board or committee of arbitration provided for in this Act. [Amended by Act approved June 25, 1917.] Sec. 33. Penalties.] Any wilful neglect, refusal or failure to do the things required to be done by any section, clause, or provision of this Act, on the part of the persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attempt to obstruct or interfere with any court officer, or any other person charged with the duty of administer- ing or enforcing the provisions of this Act, shall be deemed a misdemeanor, punishable by a fine of not less than $10.00 nor more than $500.00, at the discretion of the court. Sec. 33Y2. Name of act.] This Act may be cited Immediate Premises Invalidity of Part Right of Action Adjustment Claim Under Previous Act Refusal to Comply Penalty Name of Act 56 as the Workmen’s Compensation Act. [Added by an Act approved June 28, 1915.] Sec. 34. Invalidity.] The invalidity of any por- tion of this Act shall in no way affect the validity of any other portion thereof which can be given effect without such invalid part. Sec. 35. Repeal.] That an Act to promote the general welfare of the people of the State of Illinois by providing compensation for accidental injuries or death suffered in the course of employment, approved June 10, 1911, in force May 1, 1912, he, and the same is, hereby repealed Invalidity Repeal 57 TABLE OF COMPENSATION To find the present value of any sum payable weekly, multiply that sum by the present value of $1 payable for the number of weeks for which such sum is payable. Example.—To find the present value of $7.20 payable at the end of each week for 100 weeks multiply $7.20 by the present value of $1 payable weekly for 100 weeks (shown in the tables to be $97.1833). $7.20X97.1833=$699.72, present value. PRESENT VALUE TABLES Present value at 3 per cent, compounded annually, at $1 per week, payable at’the end of each week for any term from one week up to eight years. No. of Weeks Present Value No. of Weeks Present Value No. of Weeks Present Value No. of Weeks Present Value 1 $ 0.9994 46 $45.3909 91 $88.6612 136 $130.8388 2 1.9983 47 46.3645 92 89.6103 137 - 131 7638 3 2 9966 48 47.3376 93 90.5588 138 132.6884 4 3 9943 49 48.3101 94 91.5068 139 133 6124 5 4.9915 50 49.2821 95 92.4542 140 134 5359 6 5 9881 51 50.2536 96 93.4011 141 135.4589 7 6.9841 52 51.2244 97 94 3474 142 136 3814 8 7.9796 53 52 1947 98 95.2933 143 137.3033 9 8 9745 54 53.1645 99 96.2385 144 138 2247 10 9.9688 55 54.1337 100 97.1833 145 139.1456 11 10 9626 56 65.1024 101 98.1275 146 140.0659 12 11.9558 57 56 0705 102 99.0711 147 140.9858 13 12 9484 58 57.0381 103 100 0143 148 141.9051 14 13.9405 59 58.0051 104 100.9569 149 142.8239 15 14.9320 60 58.9716 105 101.8989 150 143.7421 16 15 9229 61 59.9375 106 102.8405 151 144.6599 17 16 9133 62 60.9029 107 103.7814 152 145.5771 18 17.9031 63 61 8677 108 104 7219 153 146.4938 19 18.8924 64 62 8320 109 105.6618 154 147.4100 20 19.8811 65 63.7957 110 106.6012 155 148.3257 21 20.8692 66 64.7589 111 107.5401 156 149.2408 22 21 8568 67 65.7215 112 108.4784 157 150.1554 23 22.8438 68 66.6836 113 109.4162 158 151.0695 24 23.8303 69 67.6451 114 110.3534 159 151.9831 25 24,8161 70 68.6061 115 111.2901 160 152.8962 26 25.8015 71 69.5666 116 112 2263 161 153.8087 27 26.7862 72 70.5265 117 113.1620 162 154.7207 28 27.7705 73 71.4858 118 114.0971 163 155.6323 29 28.7541 74 72.4446 119 115.0317 164 156.5432 30 29.7372 75 73.4029 120 115.9658 165 157.4537 31 30.7197 76 74.3606 121 116.8993 166 158.3637 32 31.7017 77 75.3178 122 117.8323 167 159 2731 33 32.6831 78 76.2744 123 118.7648 168 160.1820 34 33.6640 79 77.2305 124 119.6967 169 161.0904 35 34 6443 80 78.1860 125 120.6281 170 161.9983 36 35,6240 81 79.1410 126 121.5590 171 162.9057 37 36 6032 82 80.0955 127 122 4894 172 163.8125 38 37.6818 83 81.0494 128 123.4192 173 164.7189 39 38.5599 84 82.0028 129 124.3485 174 165.6247 40 39.6374 85 82.9556 130 125.2772 175 166 5300 41 40.5144 86 83.9079 131 126.2055 176 167.4348 42 41.4908 87 84.8596 132 127.1332 177 168.3391 43 42.4667 88 85.8109 133 128.0604 178 169 2429 44 43,4420 89 86.7615 134 128.9870 179 170.1461 45 44.4167 90 87.7116 135 129.9132 180 171.0489 58 No. of Weeks Present Value No. of Weeks Present Value No. of Weeks Present Value No. of Weeks Present Value 181 $171.9511 240 $224.2850 299 $274.8928 358 $323.8315 182 172.8528 241 225.1569 300 275.7360 359 324.6469 183 173.7540 242 226.0284 301 276.5787 360 325.4618 184 174.6547 243 226.8994 302 277.4210 361 326.2763 185 175.5549 244 227.7699 303 278.2628 362 327.0903 186 176.4546 245 228.6399 304 279.1041 363 327.9039 187 177.3537 246 229.5094 305 279.9449 364 328.7169 188 178.2524 247 230.3784 306 280.7852 365 329.5296 189 179.1505 248 231.2469 307 281.6251 366 330.3417 190 180.0481 249 232.1149 308 282.4645 367 331.1534 191 180.9452 250 232.9825 309 283.3034 368 331.9647 192 181.8418 251 233.8495 310 284.1419 369 332.7755 193 182.7379 252 234.7160 311 284.9798 370 333.5858 194 183.6335 253 235.5821 312 285.8173 371 334.3957 195 184.5286 254 236.4476 313 286.6543 372 335.2051 196 185.4232 255 237.3127 314 287.4908 373 336.0140 197 186.3172 256 238.1773 315 288.3269 374 336.8225 198 187.2108 257 239.0414 316 289.1625 375 337.6305 199 188.1038 258 239.9049 317 289.9976 376 338.4381 200 188.9964 259 240.7680 318 290.8322 377 339.2452 201 189.8884 260 241.6307 319 291.6664 378 340.0518 202 190 7799 261 242.4928 320 292.5001 379 34Q.8580 203 191.6709 262 243.3544 321 293.3333 380 34i.6637 204 192.5614 263 244.2155 322 294.1660 381 342.4690 205 193.4514 264 245.0763 323 294.9983 382 343.2738 206 194.3409 265 245.9364 324 295.8301 383 344.0782 207 195.2299 266 246.7960 325 296.6614 384 344.8821 208 196.1184 267 247.6552 326 297.4922 385 345.6855 209 197.0064 268 248.5139 327 298.3226 386 346.4885 210 197.8939 269 249.3721 328 299.1525 387 347.2911 211 198.7808 270 250.2298 329 299.9819 388 348.0931 212 199.6673 271 251.0871 330 300.8109 389 348.8947 213 200.5533 272 251.9438 331 301.6394 390 349.6959 214 201.4387 273 252.8001 332 302.4674 391 350.4966 215 202.3237 274 253,6558 333 303.2949 392 351.2969 216 203.2082 275 254.5111 334 304.1220 393 352.0967 217 204.0921 276 255.3659 335 304.9486 394 352.8960 218 204.9756 277 256.2202 336 305.7748 395 353.6949 219 205.8585 278 257.0741 337 306.6004 396 354.4933 220 206.7410 279 257.9274 338 307.4256 397 355.2913 221 207.6229 280 258.7803 339 308.2504 398 356.0888 222 208.5043 281 259.6326 340 309.0746 399 356.8859 223 209.3853 282 260.4845 341 309.8984 400 357.6825 224 210.2657 283 261.3359 342 310.7217 401 358.4787 225 211.1457 284 262.1868 343 311.5446 402 359.2744 226 212.0251 285 263.0373 344 312.3670 403 360.0697 227 212.9041 286 263.8872 345 313.1889 404 360.8645 228 213.7825 287 264.7367 '346 314.0103 405 361 6589 229 214.6605 288 265.5857 347 314.8313 406 362.4528 230 215.5379 289 266.4342 348 315.6519 407 363.2462 231 216.4148 290 267.2822 349 316.4719 408 364.0392 232 217.2913 291 268.1298 350 317.2915 409 364.8318 233 218.1672 292 268.9768 351 318.1106 410 365.6239 234 219.0427 293 269.8234 352 318.9293 411 366.4156 235 219.9176 294 270.6695 353 319.7475 412 367.2068 236 220.7921 295 271.5151 354 320.5652 413 367.9975 237 221.6661 298 272.3603 355 321.3825 414 368.7878 238 222.5395 297 273.2049 356 322.1993 415 369.5777 239 223.4125 298 274.0491 357 323.0156 416 417 370.3671 371.1561 59 PRESENT VALUE TABLES—Continued Present value at 3 per cent, compounded annually, of $1 semi-monthly, payable at the end of each half month, for any term from one-half month up to eight years. « (For method of computation, see example given under weekly table.) MONTHS 0 years 1 year and— months 2 years and— months 3 years and— months 4 years and— months 5 years and— months* 6 years and— months 7 years and— months One-half .9978 24.6020 47.5272 69 7927 91.4194 112.4242 132 8254 152 6394 One 1.9962 25.5705 48.4676 70.7058 92.3060 113.2850 133 6611 153.4509 One and one-half 2.9925 26.5378 49.4068 71.6178 93.1915 114.1449 134.4961 154.2616 Two 3.9875 27.5040 50.3450 72 5288 94 0761 115 0038 135 3301 155 0714 Two and one-half 4.9812 28.4690 51.2821 73.4388 94.9597 115.8619 136.1633 155.8805 Three 5 9738 29.4329 52 2172 74 3477 95 8423 116 7190 136.9956 137.8270 156.6887 157.4961 Three and one-half 6.9651 30.3956 53.1520 75.2556 96.7240 117.5752 Four 7.9552 31.3517 54.0858 76 1624 97.6047 118 4305 138 6576 158 3027 Four and one-half 8.9441 32.3175 55.0186 77.0683 98.4844 119.2848 139.4873 159.1085 Five 9.9317 33.2767 55.9502 77 9731 99.3631 120.1383 140 3162 159.9134 Five and one-half 10.9182 34.2348 56.8807 78.8769 100.2409 120.9908 141.1444 160.7176 Six 11.9034 35.1917 57.8102 79 7796 101 1177 121 8425 141 9713 161 5210 Six and one-half 12.8874 36.1475 58.7385 80.6814 101.9936 122.6932 142.7976 162.3235 Seven 13.8702 37.1022 59.6658 81.5821 102.8685 123 5430 143.6231 163 1252 Seven and one-half 14.8517 38.0557 60.5921 82.4818 103.7424 124.3920 144.4477 163.9262 Eight 15.8321 39.0081 61.5172 83 3806 104 6154 125 2400 145 2714 164 7263 Eight and one-half 16.8113 39.9593 62.4413 84.2783 105.4875 126.0871 146.0943 165.5257 Nine 17.7893 40.9094 63.3643 85.1750 106.3585 126 9334 146 9163 166.3242 Nine and one-half 18.7661 41.8584 64.2863 86.0706 107.2287 127.7787 147.7375 167.1219 Ten 19.7417 42.8063 65.2071 86 9653 108.0979 128 6231 148 5579 167 9189 Ten and one-half 20.7161 43.7530 66.1270 87.8590 108.9661 129.4667 149.3774 168.7150 Eleven 21.6894 44.6986 67.0457 88 7517 109 8334 130.2094 150 1961 169.5104 170 3050 Eleven and one-half 22.6614 45.6431 67.9635 89.6434 110.6998 131.1512 151.0139 Twelve 23.6323 46.5857 68.8786 90.5319 111.5625 131.9887 151.8271 171.0944 (EXPLANATORY: References in this index are to sections, paragraphs and pages. The letters in parentheses refer to paragraphs under sections. Numbers under “Section” refer to sections of the Act. Numbers under “Page” refer to the pages where the substance contained in the index notation may be found, although the section may have started on a prior page.) INDEX A Section Page ACCIDENT REPORTS duty of employer to make when injuries entail loss of more than one week’s time 30 53 need not report to any other officer of State 30 53 requisites of notice 30 53 to be made immediately in death cases % 30 53 ACCIDENTS hernia, notice to employer within fifteen days 24 47 mental incapacity, no limitations of time to run until conservator or guardian appointed (h) 8 24 Also see 24 47 notice to employer within thirty days 24 47 previous, amputation, amount to be deducted (e) 8 19 previous, employer not liable for (e) 8 19 requisites of notice, oral or in writing 24 47 ACIDS corrosive, use of designated as extra hazardous business (7) 3 7 ACTION against third parties, where legal liability 29 52 option to proceed under act or at law 29 52 ADDITIONAL EVIDENCE may be heard on review before commission (e) 19 39 ADDRESSES name and address to be filed with commission (i) 19 44 praecipe shall contain address of parties in interest 19 41 ADMINISTRATOR appointment in cases indicating complete disability 9 28 employer may petition for appointment of public administrator 9 28 (See Personal Representative) AERIAL SERVICE designated as extra hazardous business (3) 3 7 AGREED STATEMENT OF FACTS of proceedings on arbitration; filing; extension of time (b) 19 37 of proceedings on review, filing; extension of time (e) 19 39 ALIENS construed as employees 5 8 ALTERATIONS altering of any structure designated as extra hazardous business (1) 3 7 AMPUTATION prior injury, amount to be deducted (e)...- 8 19 ANNUAL REPORT commission to report to Governor 20 46 APPEAL additional evidence (e)< . 19 39 oral argument (e) 19 39 petition to review arbitrator’s award; time for (b) 19 37 place of hearing on review (e) 19 39 to circuit court (f) 19 40 city court (f) .... 19 40 transcript of evidence or agreed statement of facts; time for (b) 19 38 61 Section Page APPEAL, BOND (See Bond.) APPEARANCES name and address to be filed with commission (i) 19 44 APPLICATION FOR ADJUSTMENT OF CLAIM amendment permitted (a-1) 19 37 designation of arbitrator, committee of arbitration (a) 19 36 must be filed with commission within one year after date of in- jury or within one year after date of last payment 24 47 payments before filing not admission of liability (i) S 25 when state treasurer, as custodian of special fund, shall be made party (f) 8 23 ARBITRATION appeal: agreed statement of facts; transcript of evidence, authen- tication; extension of time (b) 19 37 cost of transcript of evidence 16 34 scope; where held; time; notice (b) 19 38 ARBITRATORS duties (b) 19 38 entry of award where no dispute exists 9 28 how designated (a) 19 36 may enter award when temporary disability not terminated (b).. 19 38 power to administer oaths, subpoena and examine witnesses, issue subpoenas duces tecum, examine and inspect premises 16 34 salary; traveling expenses 14 32-33 ARGUMENT may be had before majority of commission upon written demand; commission to give notice (e) 19 39 ARM artificial, employer to furnish (a) 8 17 loss or loss of use of (e) 8 19 ARTIFICIAL LIMBS AND APPLIANCES employer shall furnish (a) 8 17 not to be construed as admitting liability or as payment of com- pensation 8 17 ASSISTANT SECRETARY commission shall appoint; salary 14 32 ASSURING PAYMENT methods for 25 48 ATTORNEY GENERAL duty to prosecute employer or insurer (d) 26 50 ATTACHMENT (See Lien.) ATTORNEYS’ FEES commission may determine reasonableness and fix amount of...;. 16 35 shall be paid, in subrogation suit 29 53 subject to review by commission (c) 19 38 taxed as costs upon entry of judgment in circuit court (g) 19 43 AWARD application for judgment on (g) 19 43 certified copies furnished by secretary or assistant secretary 14 33 conclusive in absence of fraud (b) 19 38 correction of clerical errors of computation (f) 19 40 decision of arbitrator; final if not reviewed (b) 19 38 for purpose of lump sum, where no dispute exists 9 27 for total disability, when terminated or reduced, employee may file petition within one year (f) 8 22 lien when filed with recorder of deeds 21 46 may be modified when ordered paid parent or grandparent for support of child (g) 7 14 payments for complete disability out of special fund (f) 8 23 review of; additional evidence; time for; notice, etc. (b) 19 38 where temporary disability not terminated (b) 19 38 ' B BACK compensation for injury to (d) 8 18 BENEFICIARY in pension fund limited to excess of compensation 5 10 right to receive compensation extinguished by death of; exceptions 21 46 INDEX—Continued 62 Section Page BENEFIT INSURANCE employer collecting premiums for, compensation insurance void (c) 27 51 not affected by (a) 27 51 penalty for (c) 27 51 BENEFIT INSURANCE COMPANY not authorized to discontinue (b) 27 51 organization lawful when (a) 27 51 BENEFIT OR RELIEF ASSOCIATIONS organization lawful when (a) 27 51 BLANK FORMS commission shall have printed and furnished free of charge 17 35 BLIND totally blind persons excepted from the term “employee” 5 8-9 BOND amount to be fixed by commission (f) 19 41 for appeal to circuit court (f) 19 41 surety to be approved by clerk of circuit court (f) 19 to operate as stay of judgment (f) 19 BOOKS, PAPERS AND RECORDS commission or arbitrator may require production of and examine and inspect 16 33 BROTHER (See Collateral Heirs.) BULLETINS commission may issue bulletins and reports 20 46 BURIAL EXPENSES accident report shall contain statement of 30 53 proceedings for collection of (e) 7 13 special fund in addition to (e) 7 12 when commission may order paid (e) 7 13 when payable (e) 7 12 C CARRIAGE by land or water designated as extra hazardous business (3) 3 7 CERTIFIED COPY admissible in evidence 14 33 of award ordering payments for complete disability out of special fund (f) 8 23 of award ordering payment into special fund (e) 7 13 of decision of commission or award of arbitrator for purpose of ✓ judgment in Circuit Court (g) 19 43 of decision or agreement may be filed with recorder of deeds 21 46 of records* files, etc., to be furnished by secretary or assistant secretary 14 32 CERTIORARI, WRIT OP commission not required to certify record unless payment of cost deposited (f) 19 40 how service is had, bond, fee for certifying, parties in interest, how served (f) 19 41 no writ issued unless receipt showing for record (f) 19 41 to Circuit Court (f) 19 40 to city court 19 40 CHARITABLE INSTITUTIONS construed as employer 4 8 CHILD OR CHILDREN adopted (j) 8 25 beneficiary In death case, legal obligation to support (a) 7 10 beneficiary in death case, totally dependent (b) 7 11 beneficiary in death case, partially dependent (c) 7 11 compensation in death case may be awarded to parent or grand- parent for child’s support: award may be modified (g) 7 14 compensation rate increased where children under 16 (h); illegally employed, compensation increased 50% (i) 7 14-16 illegally employed, compensation increased 50% (k) 8 26 maximum and minimum increased in death cases (h) 7 14 of member fire department or fire insurance patrol 5 8 payments to cease at age of 18 years (a) 7 10 when amount payable shall not be less than $500 (g) 8 24 INDEX—Continued 63 INDEX—Continued Section Page CIRCUIT COURT certified copy of award may be presented to and judgment entered (S) 19 43 duty of clerk to furnish commission with copy of decisions (f) 19 40 fees for record to; bond for appeal to. 19 41-42 power to review law and fact 19 40 witness fees to be same as in 16 34 writ of certiorari to (f) 19 40 writ of scire facias (f) 19 40 CITY COURT duty of clerk to furnish commission with copy of decision (f) 19 41 power to review law and fact 19 40 where 25,000 or more inhabitants /9 40 writ of scire facias (f) 19 40 CITIES AND VILLAGES construed as employer 4 8 official of is not employee 5 8 when act applies to 3 7 CLAIM FOR COMPENSATION barred unless application filed with commission within one year after date of injury or one year after date of last payment 24 46 for death barred where lump sum settlement in lifetime of em- ployee compromising dispute of any question other than extent of disability 9 27 in case of incompetent employee, limitations stayed until appoint- ment of conservator or guardian (h) 8 24 within six months after accident 24 47 CLERICAL ERRORS in award or decision may be corrected (f) 19 40 CLERICAL HELP commission shall employ assistants and clerical help 14 32 COLLATERAL HEIRS beneficiaries in death case (d) 7 11 right to compensation of sister or brother upon death of beneficiary 21 46 COMMON LAW ACTIONS barred if there is right to compensation 6 10 COMPENSATION additional for vexatious delay (k) 19 44 aggregate death benefit increased 10% (k) 7 16 claim for, statute of limitations 24 47 complete disability (f) 8 21 complete disability, payment in lump sum limitation 9 28 computation basis 10 28 computation day labor full year (a) 10 28 computation same employer same grade (b) 10 29 computation earnings of other employees (c) 10 29 computation earnings based on 300 days (d) 10 29 computation earnings less than full year with minimum of 200 days (e) 10 29 computation earning no wage or less than adult day laborers (f) 10 29 computation earnings hours commonly regarded as day’s work (g) 10 29 computation not include overtime or special expense (g) 10 29 computation where employee was injured and drawing compensa- tion for subsequent injury (h) 10 29 computation installments cased on number installment periods per annum (i) 10 30 death of beneficiary, extinguishment of right to 21 46 fatal injury distribution order necessary (g) 7 14 fatal injury leaving collateral heirs (d) 7 11 fatal injury leaving no widow or heirs (e) payment to special fund 7 12 fatal injury, leaving widow and children (a) 7 10 fatal injury, leaving parent, husband, child or children (b) 7 11 fatal injury, leaving parent, child or children, grandparent or grandchildren (c) 7 11 fatal injury, increased on account of children (h) 7 14 fatal injuries, minimum, maximum on account of children 7 14-15 fatal injuries, child’s share paid for care and support (g) 7 14 fatal injury, payment to personal representative or beneficiary... 7 14 fatal injury, payment installments, amount, time (f) 7 14 injury resulting in death during payments (g) 8 24 in death cases may be paid in lump sum (f) 7 14 installments (non-fatal) increased (1) 8 24-25 Section Page COMPENSATION—Concluded installments (fatal) increased (k) 8 26 limitation in case of complete disability (h) 8 24 loss of two members constitutes complete disability (e.18) 8 21 payments not to extend over eight years; exception (h) 8 24 payments prior to filing claim not construed as liability (1) 8 24 permanent partial incapacity (d) 8 18 payments diminished, ended, increased and re-estabUshed review (h) 19 43 payments, to be made not later than two weeks after due (i).. 8 24 permanent disfigurement (c) 8 18 review, time (b) 19 37 review limitation 19 38 review, extension of time granted 19 38 review, additional evidence 19 38 review hearings, where held 19 39 review, special findings 19 39 right to receive extinguished by death; exceptions 21 46 specific loss or loss of use of thumb, finger or fingers, toe or toes, hand, arm, foot, leg, eye or sight thereof, hearing, testicle (e).. 8 19-20-21 specific partial loss or partial loss of use (e) 8 19 suspension for injurious practices and refusal to submit to essen- tial treatment (d) . 19 39 suspension for refusal to submit to physical examination 12 30 to be paid at same intervals as wages (i) 8 24 COMPLETE DISABILITY administrator may be appointed in cases indicating 9 27 award for may be modified (f) 8 22 compensation payable for (f) 8 22 loss of two members to constitute total and permanent disability (e-18) 8 21 pension (f) 8 22 review of award for (h) 19 43 CONSERVATOR in case employee is incompetent (h) 8 24 in case dependents of deceased employee are incompetent 24 47 may be appointed in cases indicating complete disability 9 28 when employer may petition for appointment of 9 28 CONSTRUCTION business designated as extra hazardous (2) 3 7 payments prior to filing not construed as liability (i) 8 24 CONTRACT contract or agreement entered into within seven days of injury presumed to be fraudulent 22 47 of hire within State 5 9 CONTRIBUTION of beneficiary in death case to parent, sister or brother 21 46 COUNTIES construed as employer 4 8 employee or beneficiary entitled to participate in pension or benefit fund in excess of compensation only 5 8-9 official of is not an employee 5 8 when act applies to 3 7 COUNTY COURT shall compel obedience to subpoenas 16 33 COURT duty of clerk of any court to furnish commission with copy of decisions (f) 19 42 COVERAGE policy of insurance shall cover all employees and entire compensa- tion liability (a) 26 48 CREOSOTE (See Wood Preservatives.) D DAMAGES employer electing to come under act relieved from liability for.... 1 5 liability for on part of third person 29 52 limit of responsibility 11 30 INDEX—Continued 65 Section Page DAMAGES—Concluded no payment, claim, award or decision under act to be held liable for 21 46 other than compensation, no common law or statutory right to recover damages from employer available to employee covered by act 6 10 DAY’S WORK defned (g) 10 29 DEATH balance for specific loss payable to widow or dependents (e) 8 21 compensation payable for death ... 7 10 compensation may be paid in lump sum (f) 7 14 right to compensation extinguished by 21 46 when amount payable shall not be less than $500 (g) 8 24 DECLINATION, NOTICE recording with commission 17 35 withdrawal of 17 35 DEDiMUS POTESTATEM (See Depositions.) DELAY more than two weeks considered unreasonable (i) 8 25 unreasonable or vexatious in payment of compensation, fifty per cent penalty (k) 19 44 DEMOLISHING of machinery designated as extra hazardous enterprise 3 7 of structure designated as extra hazardous enterprise (1) 3 7 DEPENDENCY In death cases (b), (c), (d) 7 11 upon death of beneficiary 21 46 DEPENDENTS appointment of conservator or guardian when mentally incom- petent 24 47 balance for specific loss payable to if injured employee dies (e).. 8 21 limitations of time not to run in case of mental incapacity, exception .... 24 47 DEPOSITIONS application for 16 33 commission may adopt rules governing 16 33 dedimus postestatem 16 34 foreign country, to be taken before American consul 16 34 DEPOSITORY approval 25 48 commuted value of total unpaid compensation 25 48 DISABILITY appointment of legal representatives 9 28 apportionment when drawing compensation and suffers subsequent injury (h) 10 29 compensation, review, notice (h) 19 43 complete, award for, when payments shall cease or be reduced (f) 8 22 complete, compensation payable for (f) 8 22 complete, when award for terminated or reduced, employee may file petition within one year (f) 8 23 notice of accident given in case of 24 47 DISFIGUREMENT to hand, head, neck or face, compensation payable for (c) 8 18 DISPUTE committee of arbitration (a) 19 3b designation of arbitrator (a) 19 36 disputed questions of law and fact, how determined (a) 19 36 review by commission (e) 19 39 DISTRIBUTION in fatal cases, subject to order of commission (g) 7 14 of commodity by horse-drawn or motor-driven vehicle designated as extra hazardous business (3) 3 7 E EARNINGS basis for computing compensation 10 28 defined (g) 10 29 overtime excluded (g) 10 29 INDEX—Continued Section Page ELECTION BY EMPLOYEE accepts provisions of act when employer elects to come under (c) 1 6 election not to accept act by filing notice with industrial com- mission 1 5 withdrawal from operation of act by filing notice with industrial commission 1 6 withdrawal of election to reject act (d) 1 6 ELECTION BY EMPLOYER binding while insurance policy remains in force (b) 1 5 brings all employees under (c) 1 6 by taking out compensation insurance (a) 1 5 how employer may terminate election; notice to commission, posting notice, etc ’ 1 5-6 may elect to come under act where business does not come under automatically by section 3 1 5 thereby relieved from liability for damages 1 5 ■withdrawal of election to reject act (d) 1 6 ELECTRICAL WORK designated as extra hazardous business (2) 3 7 EMPLOYEE blind persons excepted 5 8 defined . 5 8 engaged in business or enterprise automatically under act 3 7 no limitations of time shall run while mentally incompetent (h) 8 24 not to include persons not engaged in usual course of trade, business, etc., of employer 5 9 (See Election by Employee.) EMPLOYER business or enterprises automatically under act 3 7 defined 4 8 liable for accidents to employees of sub-contractor 31 54 measure of responsibility 11 30 not liable for disability from previous accident (e-18) 8 21 where employs more than two employees (3) 3 7 (See Election by Employer.) EMPLOYER’S LIABILITY INSURANCE approval notice (a), (b) 26 48-49 disapproval by commission (b) 26 49 existing continued, condition 27 51 right of commission to order discontinuance of writing compensa- tion insurance (c) 26 49-50 EMPLOYMENT children illegally employed, compensation increased 50% (i) 7 16 children illegally employed, compensation increased 50% (k) 8 26 EMPLOYMENT BY SAME EMPLOYER defined (b) 10 29 ERECTION of structure designated as extra hazardous business (1) 3 7 EVIDENCE additional may be offered on review (e) 19 39 agreed statement of facts (e) 19 39 books and papers, inspection of 16 33 hospital records admissible 16 34 only competent evidence, not subject to oriental or physical control of employee, admissible (i) 8 24 premises, inspection of 16 34 records certified by secretary admissible 14 32 transcript of evidence (e) 19 39 EXAMINATION (See Physical Examination.) EXCAVATING designated as extra hazardous business (2) 3 7 EXECUTION (See Lien.) EXISTING RIGHTS AND REMEDIES continued 32 55 INDEX—Continued Section Page EXPIRATION OF INSURANCE cannot discontinue insurance without discharging obligation (b).. 27 51 policy in effect until 10 days after notice to commission of can- cellation or expiration (b) 26 49 EXPLOSIVES when designated as extra hazardous (6) 3 7 EXTRA HAZARDOUS occupations, enterprises or businesses 3 7 automatically under act; structure (1), construction (2), carriage (3), more than two employees (3), warehouse (4), mining (5), explosive materials (6), vapors, gases (7), sharp edged tools, junk and salvage, demolish or reconstruct machinery (7%), statutes or ordinances (8), subdivisions of land (9), wood pre- servatives (10) 3 7-8 farmers and farm work excluded (8) .... 3 7 EXTRA TERRITORIAL applies to accidents without the State 5 9 (See title of act) 5 EYE artificial, employer to furnish (a) 8 17 loss of sight or loss of use of (e) 8 19 F FACE disfigurement to, serious and permanent (c) 8 18 FARMERS AND FARM WORK excluded from operation of act (8) 3 7 FATAL INJURY (See Death) FEES attorneys’ (c) 19 38 commission has power to determine reasonableness and fix amount of fee charged by any person for service under act 16 35 of members of committee of arbitration 19 36 of physician appointed by commission (c) 19 38 FEDERAL LAWS employees excluded by 5 9 FINANCIAL ABILITY evidence of furnished by employer (b) 26 49 filed with commission (b) 26 49 subject to approval of commission (b) 26 49 FINANCIAL STATEMENT approval by commission v 26 48 filing with commission ' 26 48 FINGERS disfigurement, serious and permanent (c) 8 18 loss or loss of use of (e) 8 19 FIRE DEPARTMENTS when act does not apply to members of 5 8 FIRE INSURANCE PATROL when act does not apply to members of v 5 8 FIRST AID employer shall provide (a) 8 17 not to be construed as payment of compensation (a) 8 17 FOOT artificial, employer to furnish (a) 8 17 loss or loss of use of (e) 8 19 FOREIGN BENEFICIARIES payments to be made to personal representative 7 14 FORMS (See Blank Forms.) FRAUD contract within seven days after injury presumed fraudulent 22 47 in absence of, decision of commission conclusive (f) 19 40 FUND (See Special Fund.) INDEX—Continued INDEX—Continued G Section Page GASES injurious, use of designated as extra hazardous (7) ' 3 7 GARNISHMENT (See Lien.) GRANDCHILD beneficiary in death cases (c) 7 11 GRANDPARENT beneficiary in death cases (c) 7 11 compensation may be awarded to for child’s support; award may be modified (g) 7 14 when amount payable shall not be less than $500 (g) 8 24 GRINDERS use of designated as extra hazardous business (7Vk) 3 7 GUARDIAN in case employee is mentally incompetent (h) 8 24 in case dependents of deceased employee are mentally incompetent 24 47 may be appointed in cases indicating complete disability 9 28 when employer may petition for appointment of 9 28 H HAND artificial, employer to furnish (a) 8 17 disfigurement, serious and permanent (c) 8 18 loss or loss of use of (e) 8 19 HEAD disfigurement of, serious and permanent (c) 8 18 HEARING total loss of, one ear; both ears (e) 8 20 HEARINGS arbitration; time; place: notice (a) (b) 19 36-37-38 review; time; place; notice (e) 19 39 review, argument before majority of commission (e) 19 39 when state treasurer shall have notice of (f) 8 22 HEIRS lineal (g) 8 24 (See Collateral Heirs.) HERNIA notice must be given employer within fifteen days.. 24 47 what must be proven to entitle employee to compensation (d-1).. 8 18 HOSPITAL RECORDS admissible in evidence 16 35 HOSPITALS construed as employer 4 8 employer shall provide necessary services; employee may secure at his own expense (a) 8 17 fees for services may be fixed by commission 16 35 report of accident shall contain statement of charges 30 53 HOSPITAL SERVICES furnishing of not to be construed as payment of compensation (a) 8 17 refusal to submit to treatment: penalty (d) 19 39 (See Hospitals) I INCOMPETENT EMPLOYEE . conservator, appointment of (h) 8 24 guardian, appointment of (h) 8 24 notice in case of mental incapacity 24 47 statute of limitations (h) 8 24 Section Page INDEMNITY BOND approval (b) 26 49 demand (a-5) 26 49 disapproval by commission (b) 26 49 file with commission (a-5) , 26 49 notice to employer of disapproval (b) 26 49 requisites (b) 26 49 INDEPENDENT CONTRACTOR accident must occur on premises 31 54 defined .,. 31 54 effect of failure of sub-contractor to guarantee liability..' 31 54 primarily liable to employees of sub-contractors 31 54 right of action against sub-contractor 31 54 subrogation, employee’s right against third party 29 51 INDUSTRIAL COMMISSION clerical help, employment 14 32 destruction of records and files 17 35 jurisdiction 15 33 jurisdiction, disputed questions 19 36 jurisdiction, quorum (e) 19 39 jurisdiction, unsettled questions 18 36 members, appointment, qualifications, term of office 13 32 members, salary ." 14 32 organization 13 32 under “The Civil Administrative Code of Illinois’’ (b) 13 32 rejection of act by employee; notice of employer (c) 1 6 seal, form 14 33 vacancies, filling during recess of Senate 13 32 INJURY, FATAL compensation 7 10-11-12 13-14-15-16-17 INJURY, NON-FATAL compensation 8 17-18 19-20-21 22-23-24 25-26-27 INSPECTION books, papers, records, places, premises 16 34 INSURANCE approved by commission (b) 26 49 business discontinued (c) ft 26 49-50 certificate to be filed with commission within five days (b) 26 49 delay, unfairness (c) 26 49-50 employer to insure 26 48 failure of employer to comply (d) 26 50 file evidence of compliance 26 49 insurer cannot discontinue (b) 27 51 insurer Insolvent (c) 26 49-50 insuring liability constitutes election to be bound by act t 5 organization of companies and associations for voluntary mutual aid, benefit relief, lawful (a) 27 51 penalty (d) 26 50 policy in effect until ten days after notice to commission of can- cellation or expiration (b) 26 49 reciprocal or interinsurers exchange (c) 26 49 review by court (c) 26 49 shall cover entire compensation liability (a) 26 48 shall not affect existing insurance 27 51 wages withheld for premium; penalty (c) 27 51 INSURANCE CARRIER may be made party to proceeding 28 52 when becomes primarily liable 28 52 INTEREST commutation tables 56-57-58 how calculated on lump sum payments 9 27 INTERSTATE COMMERCE (See Federal Laws.) INVESTIGATION arbitrator, scope (b) 19 37 INDEX—Continued 70 INDEX—Continued J Section Page JUDGMENT cost and attorney fees to be taxed (g) 19 43 filing bond shall prevent entry of (f) 19 42 not subject to lien 21 46 on award, how obtained in circuit court (g) 19 43 state treasurer to take for payment into special fund (e).. 7 12 when amount in excess of compensation to be paid to employee.. 29 52 JUNK buying, selling or handling designated as extra hazardous enter- prise (IVz) 3 7 JURISDICTION commission shall have jurisdiction over operation and adminis- tration of act 15 33 extra territorial (see title of act also) 5 9 industrial commission, disputed questions 19 36 judgment modification by circuit court (g) 19 43 of circuit court to render judgment (g) 19 43 L LAND subdividing of designated as extra hazardous business (9) 3 8 DAW invalidity of any provision of act 34 56 name of act 3314 55 penalties 33 55 questions of reviewed by court (f) 19 40 repeals act of June 10, 1911 35 56 wilful neglect, refusal or failure to do things required 33 55 DBG artificial, employer to furnish (a) 8 17 loss or loss of use of (e) 8 19 DEGAD REPRESENTATIVE appointment in case of disability 9 28 personal representative of deceased employee, appointment of (g) 7 14 statute not to run until appointment of (h) 8 24 (See Personal Representative, and Conser^tor.) DIABIDITY payments prior to filing claim not construed as (i) 8 24 DIEN decision or award may be filed with recorder of deeds and shall constitute lien against all property of employer in county; how enforced 21 46 no payment, claim, award or decision assignable or subject to lien, attachment or garnishment 21 46 D1MITATIONS compensation (fatal), amount, minimum, maximum 7 14-15-16 compensation (non-fatal), amount, minimum, maximum 8 17-27 compensation, minimum, death of beneficiary during payment of (g) 8 24 compensation payments not to exceed over eight years; exception 8 24 in case employee is mentally incompetent (h) 8 24 not to apply to special fund (e) 7 13 statute of limitations 24 47-48 DOSS OF compensation paid for loss of arm, hand, thumb, finger or fingers, leg, foot, toe or toes, eye or eyes or sight thereof, hearing, tes- ticle (see Compensation) 8 19-20-21 DUMP SUM SETTDEMENT award may be made as basis for, where no dispute exists 9 28 compensation may be paid in; notice to parties 9 28 commutation, how made 9 28 commutation tables 56-57-58 in cases indicating complete disability: appointment of guardian, conservator or administrator 9 28 may be made in death cases (f) 7 14 71 INDEX—Continued Section Page LUMP SUM SETTLEMENT—Concluded payment in lifetime bar to death claim unless lump sum is com- promise of dispute on question other than extent of disability.. 9 27 when award or settlement contract paid in lump sum, review under sec. 19, par. (h), barred 19 44 M MACHINERY demolishing or reconstructing designated as extra hazardous enterprise (7Vz) 3 7 when subject to municipal or statutory regulations, enterprise designated as extra hazardous (8) 3 7 MAINTAINING of structure designated as extra hazardous business (1) 3 7 MAJORITY argument before (e) 19 39 committee of arbitration (f) 19 40 members of commission (f) 19 40 MEDICAL SERVICES artificial members furnished (a) 8 17 employer to provide (a) 8 17 employee may secure at his own expense (a) 8 17 first aid (a) 8 17 furnishing of by employer not to be construed as payment of com- pensation (a) 8 17 refusal to submit to treatment; penalty (d) 19 39 MENTAL INCOMPETENTS employee (h) 8 24 dependents of deceased employee 24 47 MINING, SURFACE MINING AND QUARRYING designated as extra hazardous (5) 3 7 MINORS computing earnings (f) 10 29 death beneficiary, by parent or grandparent, may compromise dis- putes and enter into settlement contract and lump sum 23 47 included in term “employee” 5 9 illegally employed, compensation increased 50% (i) 7 16 illegally employed, compensation increased 50% (k) 8 26 power to contract, receive payments and give quittances 5 9 (See Child or Children.) MISDEMEANOR failure to comply with provisions relating to insurance and liability to pay compensation (d) 26 50 neglect, refusal or failure to comply with act or violation of its provisions 33 55 withholding wages for payment of premium (c) 27 51 MUNICIPAL CORPORATION construed as employer 4 5 employee or beneficiary entitled to participate in pension or benefit fund in excess of compensation only 5 9 official of is not an employee 5 8 when act applies to 3 7 MUNICIPAL ORDINANCE REGULATIONS bring business of employer under act (8) 3 7 MUTUAL AID ASSOCIATION organization lawful 27 51 will not affect compensation insurance 27 51 MUTUAL AID INSURANCE existing continued, condition 27 51 N NEGLIGENCE legal liability of third parties for 29 proximate cause test of liability 29 NON-ELECTION (See Election by Employer; Election by Employee.) Section Page NON-FATAL INJURY (See Compensation.) NOTICE address, filing (i) 19 44 appeal, circuit court, mailing of (f) 19 40 approval of security (b) 26 49 arbitration, duty of commission to notify parties (a) 19 36 declination, recording 17 35 discontinuance of election, filing (d) 1 6 discontinuance of election, posting (d) 1 6 election to adopt act, filing (a) 1 5 employer’s withdrawal (c) 1 6 hearing on arbitration, requisites