Document 8Rj8RjNKr0X8Mee1Jg2VL8y1d

FILE NAME: Pennsylvania (PA) DATE: 1969 June DOC#: PA035 DOCUMENT DESCRIPTION: 1968 Update of 1939 Pennsylva Occupational Disease Act m PENNSYLVANIA OCCUPATIONAL DISEASE ACT ACT OF JUNE 21, 1 9 PAMPHLET LAW 566 AS AMENDED 1968 EFFECTIVE 1-1-69 Be 00303 ) \J S - 64 X>. Fcanaylranla, O ccupational D Is m m A c t A e t N o. 2 84 , J u n e 2 1 ,1 9 3 9 . P . I#. 666, a s a m e n d e d . D vfiflinc iK f lia b ility o f m p t o m to p s y dim s* * * fo r eecvpfclio flil diM M P r o n l n r t H b r i t em ploy n iiif ii o u l of and is th e f o u r v o f m ploy m e a l; n l a b l i d i i t i i t t k r t i r p srkedule of ro m p fiM iio a ; providing procedure for the delrrm iatL ion of h s b ilr.v a n d com pen-- lion ( K m v t d t t : i n p o n n o d u t i n o a lK# p irtm re l of Labor and lid u ftry , Ihr W o rk m n i C om preaa( im B oard. W orkmen*c C o m p n a lio t R r f r r m . a a d d c a u of m edical nrboo U; creatine a m erliral board lo determ ine roo- I r o r e r te d m e d ic a l ia m in : e at* b it?hin t a a O c c u p a tio n a l Diacacse F o o d ia euatodv of th e S tate W o rk m rab b a ir a a r e B oard; im poains u p o a th e C om m onw ealth a pari of th e rom pcaaation payable for e ertaia occm ratio n al diaeaaea; n a k ia f an appropria tio n ; and p m m b in t peaaJlim . The General Assembly of the Common wealth of P n u u j l T u i a hereby* enaeta as follows i `A R T I C L E I *, * a ncmruTATtOK akd sen x m o K i Section 101. This act ehall be called an d may be cited aa T h e Pennsylvania O ccupational Disease Act. I t shall apply to disabilities and deaths tam ed by occupational disease as defined in this set, resulting from employment within this Commonwealth, irreipre tire of the place where the eontraet of hirinic was made, renewed, or ex tended...and shall not apply to any so eh disabilities and. deaths resulting from em ployment oa bide of the Common wealth. Boction 102. *Wherever in this act the singular is nied, the plaral shall be included; and w here the masculine gender is need, the feminine and n eu ter shall be included. Section 103. The term "employer,** as need in this act is declared lo be synonymous w ith m aster, and to Include n a tu ra l persons, partnerships, joint-stock com- panics, corporations for profit, corporations not for profit, municipal corporations, the Commonwealth, and all goverm qrntal agencies created b y it. Section 104. The term "employe," aa su ed in this a e t, ia d e c la re d to be synonym ous w ith e r r a n t, a n d includes all natural persons who perform Berrien, except agricultural se rrie d or domestic serricet per formed in a private home, for another for a valuable consideration, exclusive of persons whose em ployment is casual in ch aracter and not in the reg u lar course of the business of the employer, and exclusive of persona r < ( c ( i c 003033 55 t o w hom article* rr m i l r r i i l i a r r f i r m out to be m a d e P. cle a n e d , w u h ^ l , a lt e r e d , o r n a m e n t e d , finished, o r repaired, or adapted for sale, in the worker's own home. * o r on other prem ises not tinder the eontrol o r man aire. * Bscnt of t h r em p lo y er. E v e r y executive officer o f a corporation elected o r appointed in aeeordanee with the charter and by-laws of the corporation, except elected officers of th e Commonwealth o r a n y of .its political subdivisions, shall be an employe of the cor p o ra tio n . . i - - .... , " - * * . - I n : i.- Bection 103. T he term " contractor,** aa used in article two. section two hundred and three, and article three, section three hundred and tw o (b). shall not include a contractor engaged in an independent busi ness, other than that of supplying laborers or assistants. In which he serves persons other than the employer in whose terrier the disability occurs, but shall include a subcontractor to whom a principal contractor has sublet any p a rt of the work whieh such principal coutrmelor baa undertaken. Section 106. T h e exercise and perfo rm an ce of th e powers and duties of a local or other public authority shall, for the purposes of this aet, be treated aa the trade or basin ess of the authority* Beetle 107. The term "d epartm ent," w hen used in . ,, this act, shall mean the Department of Labor and In dustry of this Commonwealth. The term "board," when used in this act, shall mean - " T h e W o r k m e n 's C o m p e n s a tio n B o a rd o f this C o m m o n w e a lth . sJt- >- .........` * - i -- The term "referee,** when used in this act, shall mean Workmen's C o m p e n s a t io n R eferee. R o d io n 108, T h e terra " o ccupational disease,** aa used in this act, shall mean only the following diseases. (a) Poisoning by arsenic, lead, mercury, manganese, or beryllium, their preparationa or compounds, in any occupation involving ''direct contact with, handling thereof, or erpoture thereto, ( b ) P o is o n in g b y p h o s p h o r u s . Its^ p r e p a r a t i o n s o r compounds, in any occupation involving direct contart .w ith, handling thereof, or exposure thereto. (e) Foitoning by methanol, carbon bisulphide, hydro carbon distillates (naphthas and other) or halogenaled hydro carbons, or any preparation* containing these chemicals nr an y of them, in any occupation involving direct contact with, handling thereof, or exposure thereto. fiCOEOO -51 r 56 0 (d) riiioiiinR b j h fn to l. or b r nitrn, amido, or a n in o lerivativrs of benzol (dim trobeiiiol. anilin, and Y fs *-* o th e r ) , o r t h e i r p r e p a r a ti o n * o r co m p o u n d * , in arty *occupation -involving direct contact with, handling - thereof, or rapoaure thereto. (e) Caisson disease (compressed air line) resulting from en gaging in an y occupation c a rrie d on in com* pressed air. (f) Radium poisoning or disability, due to radio* etive properties of substances or to Roentgen-ray (X- raes) in any occupation involving direct contact with, handling thereof, or exposure thereto. (g) Poisoning by, or ulceration from, ehromie acid, or bichromate of ammonium, bichromate of potassium, . . . . . or bichromate of sodium, or their preparations, in any occupation involving direct contact with, handling thereof, or exposure thereto. (h) Epithcliomatous cancer or nleeration due to Ur, pitch, bitum en, m ineral oil, o r paraffin, o r any com* *f * '* pound, pro d u ct o r residue of any of those substances, in C a n y o c c u p a tio n in v o lv in g d ir e c t e o n ta e t w ith , h a n d lin g thereof, or exposure thereto. ( i ) . Infection or inflammation of the shin due to oils, cutting compounds. lubricants, dust, liquids, fumes, gases, or vapor, in any occupation involving direct eon- r.-- . -tact with, handling thereof, or exposure thereto. - '* , *1 ( j ) A n t h r a x o c c u r r i n g in a n y o c c u p a t io n in v o lv in g the handling of o r rxpoKiirr to wool, hair, bristlea. hides, or skins, or bodies of animals either alive or dead. *... .. - (k) Silicosis,anthraco-ailicosts o r coal worker'a pneumoconiosis (the latter tw o commonly know n as miner*s Vl.tr w r e js s th m a a n d h e r e i n a f t e r r e f e r r e d to as a n lh r a r o - s il ic o ti s or coal w orker's pneumoconiosis) in an y occupation involving direct contact with, handling of. or exposure to the du st of an th racite o r bituminous coal a n d /o r dust of silicon dioxide (SiOf). '* ' . -- (1) Asbestosia in a n y occupation involving d ir e c t e o n t a e t w ith , h a n d l i n g o f. o r e x p o s u r e to th e d u s t of asb es to s. 0* ( a ) Tuberculosis, serum hepatitis or infectious heps- tilis in the oeeupstion of nursing o r auxiliary services involving exposnre to such disease. (n) All other occupations! disrssrs (1) to which the claim snt is exposed by reason of his employment, and 2) which are peculiar to the industry or occupation, and (3) which are not common to the general popula* tion. F o r the purposes of this clause, p a rtia l loss of hearing due to noise shall not be considered an oecupstiooal disease. opoeoo -a 67 M n f t h e h e a r t And lung*. rM tiUine in e i t h e r t e m p o r a r y n r p e r m a n e n t f n U l n r p a r t i a l Hi*. abilitv or d ra lh . a f te r four yeani nr more of aerriee in fire fighting for. tlir brnrfit or aafety of the public. eiu M i) b y r x t r f m p o re r* e * e rt!m i in lime* o f Ire* or d a n g e r o r b y e x p o s u r e tn hen*, s m o k e , finite a o r fa****, iris in r direetly out of th e emptnyment nf any aueh firemen. The Camm nnwrnlth shall pay the full amount of compensation for disability nnder thia clause. Section 106. No com pen** t ion shall be paid for any occupational d U fiM if. during hostile attack* on the United Slates, disability or dratli of an employe result* aolely from m ilitary a r t m t ie s of the armed forees of th e U n ite d S t a t e s o r f r o m m i li ta r y aciivttie* n r en e m y "it! sabotage of a foreign power. ARTICLE It t D iM A a a BY ACTION AT LAW Section 20 L In any aetion brought to recover dam ages for disability or death of an employe caused by occupational disease arising out of and in th r course of hii employment, it shall not be a defense that the occu pational disease w as caused in whole o r in p a rt by the ;* negligence of a fellow employe. Section-202. ..The employer .shall be*liable for the negligence of employes other than the plaintiff, while acting within the scope of their employment, including engineers, chauffeurs, miners, mine.foremen, flre.boases, m ine superintendents, plum bers, officers of Teasels, and all other employe licensed by the Commonwealth o r ' o th e r g o v ern m en tal a u th o r ity If the em ployer be a l lowed by law the r ig h t`of free selection of such employrs from the class of persons thus licensed ; and such employe* hall be the agent and representative* of their employer*, and their employers shall be respon sible for the acta and neglects of aueh employe*, as in the ease of other agent and employes of their employ* era; and, notw ithstanding the employment of aueh employes, the property in and about which they are employed, and the use and oprrntion thereof, ahall at all time be u n d e r the supervision, management and control of their employer*. 003041- upon prem ises occupied by him or under ms control oi a laborer or an assistant hired by an employe or con tractor who has rejerted article three of this act, for the performance upon such premises of a part of the 58 r m p ltiv r r K r e g n l a r h tu u irx ^ e n tr u s te d In such r in ploye o r co n tracto r. lull be liable to aiirh laborer nr m U t i n t in th e s a m e m a n n e r a n d lu t h e t a m r e x t e n t or t o hi* ... ... own em ploye. > # . ... , fl e c ti o n 304. >To a g r e e m e n t . r a m p o x it im i. n r r e l e a s e of t l m u r mode before the dote of any disability or death resulting from occupational disease, except the Ifrre m e iu defined In a rtic le three of I hi* a c t, *hall be valid nr shall b a r a claim for damage* for *neh dis ability o r d eath ; and any such agreement other than that defined in article th re e herein, i* declared to be against the public policy of this Commonwealth. The receipt of benefit* from any aiwtriation. society, o r fond . hall not b a r the recover** of dam ages by action at lair, nor the recovery o f compensation under artiele three hereof; and a n y release executed in consideration of such benefits shall be void: Provided, however. T hat if the employe receive* unemployment compensation bene fits, such am ount or am ounts to received, shall be credited a* against the am ount of the aw ard made under the provisions of the Occupational Disease Act. Section 20S. I f disability or death u compensable un d er th is act, a person shall not be liable to anyone al common laic or otherw ise on occonnt o f tuck disability ,:i ' OF d e a th f o r a n y a e t o r o m issio n o c c u rr in g w h ile rwch person was in th e sam e em ploy as (he person disabled or killed. except fo r intentional wrong. *t,,pni;< %* %: p*rr: m.v? -.'n r* :-; in . A R TIC LE Til r* f . : .* - x c rx rrg ccxrxxm A TioN ^1* flection SOI. (a ) 'When em ployer an d em ploye shall y . by agreem ent, e ith e r express or im plied, aa h erein after n 'p r o v i d e d , a c c e p t t h e p ro v i s io n s of a r t i c l e t h r e e o f th i s ,. act. compensation for disability or death of aueh em ploye, caused by occupational disease, arising out of and in th e course of hia em ploym ent, shall be paid by the em ployer, w ithout regard to negligence, according to the schedule contained in sections three h u n d re d and ttx and three h u n d red and even of thia article, but-- 1. N o -co m p en satio n ahall be p aid w h e n the disab ility o r d eath is caused by the employe** violation of law , but th r burden of proof of such fact ahall be upon the employer. 2. T he m a x im u m com pensation payable u n d e r thia i. article fo r disability, and death resulting frorn silirosis, anthraro-silicorii, coal w orker's pneumoconiosis, or .. Mbeitosls shall not txrevd the aum of twelve thousand seven hun dred fifty dollars ($12,750) which ahall be r ( ( C I c crocoo^a- rs. 59 fnll a n d com plete p x y m n tl for nil disjiliililr, p rm rn t nr fillu rr. o r f u r d e a th fritin anirli orrn p aiirm al H iu ii u a r m n i r mil o f e m p l o y m e n t ly a n y mil all r m p l o r f M in thi< <*tnvnf>mralili t - x ^ p l t h a t a n y miplm*' w h o ban th e m a x im u m rnni]>cn%aitfiii b rrriit o r h r r r io . fore p ay ab le ahall fie p a id ad d itional compensation in th r amount o f seventy-five liullur ($751 per month for each month of Inlal disability occurring subsequent to th e m onth in whirli Kuril maxiiiiuin com pensation wax received. provided that in th r ca*c of any employe who received the maximum compensation herein or h e r e t o f o r e p a y a b le p r i o r ! tlm effective d a te o f th is amending a rt. such additional compensation ahall eommenee only w ith the m onth this amending act becomes effective. Such additional compensation which is paid to an employe who. on the effective date of this amend. In* act, ia receiving compensation o r has theretofore received the maximum compensation prescribed, shall be paid by the Commonwealth. Such additional com. peusation paid to an employe who first becomes entitled to compensation subsequent to the effective date of this amending act and who exhausts the maximum compel, sation prescribed, shall be paid from the same source or sources and in the sam e m a n n e r ax the prescribed maxi* mnra compensation wax paid. (b) The right to receive compensation nnder this act shall n o t be affected b y the fset that a m inor is employed or is perm itted to be employed in violation or the lsws of this Commonwealth relating to the em ployment of minors, or*that he obtained his employment by misrepresenting his age. (e) Compensation for the occupational diseases enu merated in this act shall he paid only when such occu pational disease is peculiar to the occupation o r Industry in which the employe wax enraged, and not common to the general population. ^Therever eorapenxable dixability o r d e a t h ia m e n tio n e d as a e au se fo r c o m p e n s a tion under this act, it ahall mean only compensable dis ability or death resulting from occupational disease and oecuring wihin four w a r s after the date of his last e m p lo y m e n t in aue.h o c c u p a tio n o r in d u s try . (d ) C om pensation fo r silicosis, o r mnthrr-sliro*is, eoal w o r k e r 's p n e u m o c o n io s is , an d aab cstn su . ah all be paid only w hen it is show n th a t the employe h a t had a aggregate em ploym ent of at least two years in the Commonwealth of Pennsylvania, during a period of ten years next preceding the date of disability, in an occupation having a silica, roal. or axbrstox hazard. (e) Compensation shall not br payable for partial disability due to silicosis, an lh raro silicosis, coal work- nroeoo 1 60 w* p n e u m o c o n io sis, o r a sliest m.is. C o m p p n n t i o n sh a ll b e p a y k h l f , am n ilie rw iM p ro v id e d in t h i s t r l , f o r t o t a l d h tb ilily or l*ath canard h r Mtironii, anlhraeo-ailieosia, coal w orker's pnrumoroniosi*, or u b o to iix , or by lilieoMt, anlhrteO 'iilirm i, ro il worker** pnrurooconio. ' *"*'ais, o r u b e x i o s i i , w h e n a cco m p an ied b y a e tiv e p u lm o n - a ry tuberculosis. ( f ) Xf i t b r s h o w n th a t th e e m p lo y e , a t o r ienm ediately before th e date of disability, wax employed in any .. o c c u p a t io n o r i n d u s t r y n t r h i r h t h e o c c u p a t io n a l dim* ea se is a h a z a rd , it shall be presum ed t h a t th e em ploye's occupational disease arose out of and in the course of . hi* em ploym ent, but this presum ption shall not be con* elusive. (ft) The employer liable for the compensation pro vided hy this article shall be the employer in whose em ploym ent the employe wax last exposed to the hazard * - of the occupational disease claimed, regardless of the length of time of aurh last exposure: Provided. That when a claimant alleges that disability or death wax due to silicosis, anthraeo-silleosis, eoal w orkrr'a pneu m o co n io sis. a s b e s to s in o r any. o t h e r o c c u p a t io n a l d isease w hich developed to the point of disablement only after an exposure of fire or more y ean , the only employee liable shall be the last employer in wboae em ploym ent t h e em ploye wax last expoted to th e h a z a rd oi roeh ' occupational disease during a period of six months or .v . m o r e : A n d p r o v i d e d f u r t h e r . T h a t m th o se eases w h e r e - * * disability o r d r a th is not conclusively proven to be the r v :-;* result of sneh last exposure, all compensation hall be *i-e> --i by tb r Commonwealth. Ad exposure during a period of less than six months after th e effective date of - this a r t shall not be deemed an exposure. The notice of ru ..4 d is a b i l i t y o r d e a t h a n d elaim ahall be m a d e to th e em .?-- i.. . p l n y e r w ho is liab le u n d e r this s u b s e c tio n , h in s u r a n c e t.. in* .c a rr ie r. If a n y . and th e C om m onwealth. . . (h) Except as hereinafter provided, all compensation :. p a y a b le u n d e r th is article shall be p a y a b le in p eriodic Installments, as the wages of the employe were payable before the accident. ( i ) N o t w i t h s t a n d i n g a n y o t h e r p r o v i s io n s o f t h i s act. compensation for silicosis, anthraco-silicoai*. coal w orker's pffruniocutiioaU, ami asbestos ahall be paid for each month beginning with the month this am end ing act beromrM effective, or beginning w ith the first m onth of disability, whichever occurs later, at the rate of aeventy-five dollars ($75) per month, to every era- ploye totally disabled thereby as a result of exposurr thereto, mho has not therefore been rom pensatrd be cause his elaim was barred by any of the time limits- <r c < C ( ( c i H'OCOO F'-v-t 1 li o n s p rr * ir ih f l h y i IiIn a r t , a n d rIi i I! r o n t i n u e d a r i n g Ihr period of such total disability. No compensation u n d e r (Ii Im s o rt Inn s h a ll b e p a id I n a n y e m p lo y e w h o h a t ttnt hern exposed In a silira. coal, nr asbestos hasard within the Commonwealth of Pennsylvania for a period , o f tw o ream . Subsequent to the effective date of this a m e n d i n g a r t o f |!)fi!>. if s h a l l b e n e c e s s a r y t o h e a resident of Pennsylvania in o rd e r to qnalify fo r com pensation. but not to eontinne receiving the same after qualification. All such compensation to those whose last exposure preeedes the effective date of this amend- fag act shall be paid by the Commonwealth. Employes whose last exposure follows the effective date of this amending act and who become entitled to the com pensation provided by this subsection shall be paid as provided by this act. An application for compensation tinder this subsec tion shall not be accepted from any person who. dur- faff the preceding six m onths has been determ ined to be ineliffible hereuuder. i Every application ahall be accompanied by tw o prints of the same recent photograph of the applicant, and such other proof of identity* as the board shall require. One of the prints ahall be stamped by the board and returned to the applicant, who shall deliver it to the physician at the time of examination. The physician shall attach the print to fa report to the b o a r d . -* ........... ............ ( j ) E v e r y p e r r o n - h e r e t o f o r e o r h e r e a f t e r q u a lifie d -- fo r additional com pensation-un d er th e provisions -of clause 2 of subsection (a) or subsection (i) of thin sec tion shall, beginning with the month following the effective date of this amending art of 1W9, or the m onth of qualification, whichever o eeu n later, be paid fur- - ther compensation 'o f twenty-five dollars (125) p er month daring-the-period of disability. Rueh fu rth er compensation paid to a person heretofore qualified shall be paid by the Commonwealth. Compensation paid to any person hereafter qualified shall be paid from the same source aa the additional compensation p ro vided In clause 2 o f aubaeetiou ( a ) or subsection (I) o f t h i s sectio n, r . ............. SECTION 2. T H IS ACT SH A LL T A K E E F F E C T IM MEDIATELY.. ( k l U p o n IAf a w a r d o f a n y b enefits v a d a r fAe F a d % tr o t Cool M in e M ro lih and S a fe t y A c t o f 199 to A perron w ho u ofjo receiving or claim ing n o s lM y com* p e n sa tio n to ta lly fu n d e d -fry g en era l revennaa o f the C om m onw ealth o f P ennsylvania under aofajeefiona f o f . 0 7 . o r ( j ) o f sectio n J O I, #iteh person shall fcor# l u m o n th ly rnm prnsatinn from general rerrnnea o f tha G t'O G O O o a I m 2 C om m onw e alth suspended effective w ith th e m onth 'fol low ing th r m onth o f msrard n f F ederal benefit, as m a y be e x u lt n e e d fry a c o p y o f th e F e d e ra l a w a r d c e rtific a te , o r effective with tkn m onth o f enactm ent o f th i am endm en t^ w hichever is later. V pon a n y fu tu r e action by th e I 'n it r d S9fate C o n g re ss, F e d e r a l e x e c u tiv e d e p a r t m ent, o r F ed era l eomrta w hich w o u ld m o ke p resen t recipients u n d e r the P ennsylvania O ccupational Disease -A rt eligible fo r both Federal and fU ate p a ym en ts, the sum o f w hich w ould exceed the m axim um authorised Federal p a ym en t, the eligible recipients w ould then re c e iv e r e tr o a c tiv e ly mil S ta t e p a y m e n ts th a t w e re su s pended u n d er the a u th o rity o f this act, A lt such r : . recipients .w ho have their State paym ents suspended shall continue their eligibility and entitlem en t under the P en n sylva n ia O ccupational Disease A r t and a t a n y tim e in th e fu tu re fo r w hatever reason that suek re cipients9 paym ents under the Federal taw arc term i nated, suspended or reduced their S ta te paym en ts shall be rriu n titu trd affective w ith the moafA follow ing the m onth F ederal benefils are term inated, suspended or reduced. T he recip ien ts9 entitlem en t to w eekly com pensation and the m axim um sum thereof provided mid e r clausa 2 o f subsection fa ) o f sretion 301 shall rem ain u n c h a n g e d , a n d na r e d u c tio n sh a ll be m a d e in the. m e d i cal and hospital com pensation payable u n d er subsec tio n ( f ) o f sectio n Jl>5 o r in the b u r ia l exp en ses payable \./.,.undcr cla use.$ .oft section 307 S E m o K 2. TIIIR ACT B IIA M , T A K E E F F E C T IM MEDIATELY. . . . . . - .. . . ( . i ' S e c t i o n 90 2 . ( a ) Tn e v e r y r o n l r a c t o f h i r i n r m a d e t r r* "r`r a i t e r O c t o b e r ftm t, o n r t h o u s a n d n i n e h u n d r e d a n d 6,tith irty -n in e, a n d in e v e ry r o n tra rt of h ir in r rr n fw f ri o r extended b y m utual consrnt. expressed nr implied. after maid d a t e , i t sh a ll b e c o n c lu s iv e ly p r e s u m e d th a t th e p a rliri have accepted the provision* of arlirle three of thia act, and have tier red to be bound thereby, unless th e em p lo y er shall pout at hia p la n t, office o r plaee of b u sin ess a n o tic e o f hia in t e n tio n n o t t o p a y much com- penaation or unless there be, at the time of the making, renewal, o r eitenaion of surh eontrart. an express state* m en t in w ritin g . from eith er p a rty In llie o th e r, th a t the provision* of article three of thia act are not Intended to apply, and mileaa a tru e copy of siirh posted - f . notice or ru rh w ritten atatement. accompanied by proof ,r M of posting o r proof of service thereof upon the other party, aettinc forth under oath or affirmation the time, * place, and m a n n e r o f inch, p o s tin g o r a e rr ie e , b e filed with the departm ent w ithin tw enty days a fte r such posting o r service. Every rontrart of hirinc, oral, w ritten , o r im plied from circum stances, now in opera- \ I C C 003046 e 63 ton. o r m ade or implied on op before O ctober first, one thouxand nine hundred and thirty-nine, hall be conclusively presumed to continue subjret to the pro visions o f arttrle three hereof, unless the employer shall on o r b efo re said d a te e ith er post a t his p la n t, office o r place of business a notire of his intention not to pay such compensation o r unless either party shall, on or before said date, in w riting, b a re notified the other party to such contract that the provisions of article three hereof are not intended to apply, and unless there shall be filed w ith the departm ent a tru e copy of w' such notice, together with proof of posting o r service, within the time and in the m annrr hereinabove pre scribed : Provided, however. That the provisions of this section shall not be so construed as to iropsir the obliga- tion of a n y contract now in force. Such posted notice sh ill constitute sufficient notice to all employes sod to the parents and g uardians of all minor employes, and a certified copy of proof of posting or proof of service shall be prim s facie evidence of notice. It shall not be lawful fo r any officer o r agent of this Com m onwealth, or for any county, city, borough, town, or township therein, o r for any officer o r sgent thereof, o r for any other governmental authority crested by the laws of th i s C o m m o n w e a l th , t o g iv e su c h n o tie e o f r e j e c t i o n o f .. ln .. the provisions of this article to any employe of the Commonwealth or of such governmental agency. (b) A fter Oetobcr first, one thousand nine hundred a n d t h i r t y - n i n e , ' a n '"em p lo y er w h o ' p e r m i t s t h e e n t r y , upon prem ises occupied b y him o r unde*- hi co n tro l, o f a laborer or an assistant hired h r an employe or con tractor. for the performance upon tueh premises of a p a rt of th e employer* regular buamrxs en tru sted to t h a t e m p lo y e o r c o n t r a c t o r , ahmll be c o n c lu s iv e ly p r e turn rd to have agreed to pay to such laborer or assistant compensation in accordance w ith the provisions of article three, unless the employer shall post at his plant, office o r place of business a notice of his in ten tio n n o t tn pay such com pensation, and unless there be filed . with the departm ent within tw enty days thereafter, a true copy of such notiee. together with proof of the posting of the same, setting forth upon oath or affirma tion the time, place, and manner of such posting; and after O ctober first, one thousand nine hundred and thirty-nine, any aurh laborer or assistant who shall * enter upon premises orenpied by or under control of such employer, for the purpose of doing sueh work, shall be coneluaively presumed to have agreed to accept the eomiwrisation p ro v id ed in article th ree, in lieu of his right of action u n der article two, unless he shall have given notice in w riting to the employer, at the * . gc 0 0 3 0 4 7 64 time of entering upon aueh fraployer'i prfmiieK for the p u rp o w of doing hi* w ork, o f h ii intention not to aceept such compensation. and unless within tw enty day th e re a fte r there shall have been filed w ith th e depart* men! a m e ropy of aueh not ire, accompanied by proof o f aervice hereof upon such employer, setting forth un d er oath or affirmation the time, place, and m anner o f aueh Rervict. A nd in aueh cases where article three binds aueh employer and such laborer o r assistant, it ahall not be in effect between the interm ediate em ployer or contractor and such laborer or assistant, un less otherwise expressly agreed. (r ) A ny notice given hereunder by an employer to his em ployes need not be addressed to eaeh employe individually, but m a r be addressed to all employes. Proof of service of any num ber of statem ents or notices m a y be m ade in one affidavit, b u t such affidavit shall atste the tim e and place of eaeh service. g action 303. Such agreem ent ahall constitute i n acceptance of all the provisions o f article th ree of this met, and shall o p e ra te as a s u rre n d e r b y th e p arties th ereto o f th eir rig h ts to any form or am ount of com pensation or damages for any disability o r death re sulting from occupational disease, or to ajit method of determ in atio n thereof, o th e r than as provided in article three of this act. Such agreem ent shall bind the em p lo y e r a n d hi* personal representatives, s o d the em ploye, bis o r her wife, or husband. widow or w idew er, next of kin. and other dependents. Section 304. Any agreem ent between employer and employe for the operation or nonoperalioit of the pro visions of article three of this act may be term inated b y the posting of notice by the employer or hy either p a rty upon th irty days* notice to the other in w riting, if a copy of such notice, w ith proof of posting or proof o f aervice, be died itt th e d r p a r t m r n t a* p ro v id e d in section three hundred and two of this article. Section 304.1 8ectian S O iJ. T ke Secretary o f Labor en d In d u stry aAoIf, ftrifAu n in e t y ( 9 0 ) d a y s a f t e r th e e ffe c tiv e d a te o f this am endatory act, prepare a brochure o f tvufrvetions. effing forth tke right o f on em ploye in the event o f disability or death caused by occupational d is ease and in fo rm in g Aim o f tk e tim e e n d m a n n e r in w hich claim s show Id be filed. A co p y o f tu c k broeknre kail be p ro v id e d each insu ra n ce c o m p a n y a u th o rized to w rite insurance policies covering occupational diseases under tkis act. Suck insurance com panies shall prepare at th e ir oson exp en se copies o f sa id brochure (o r d is tr ib u tion to suck insured em ployers. Each insurance com- r C C c ( ( c G['OCOO^>i- n > N J -4 65 JMntr sh a ll prrpm rr th e brochure im m e d ia te ly u p o n receipt o f ik e eam pte brochure fro m Ike #frere ta ry o f la b o r omet i n d u s tr y in on eh q n a n fiiy a re q u ire d b y employer fo r ta rock rm plout. The em ployer shaft d is ln b n it snch hrnehnrrs to each em ploye Ot th e tim e"o f h ir in g orfVf to rack rjristin y em ploy* w ith in th i r t y (3 0 ) d a y s a fte r th e receip t o f th e brochure* * #; "* ** 8*etJoa 305. Every employer liable under this act lo pay compensation hall insure the payment of com pensation in the Slate Workmen* Insurance Fund, or in any insurance company. or mutual association or company, -authorized to insure such liability in this Commonwealth, unless atieh employer shall be exempted by the departm ent from such insu ran re. Such insurer hall assume the employer* liability h e re u n d rr and aball be entitled to all of the employer* immunities and protection hereunder except that whenever any employer hall have purchased insurance lo provide benefits u n d er this act to pcmou.s excluded from the deAnitloti o f " employe** u n d e r section 104 of this a c t by virtue of being engaged in domestic service or agriculture. neither flic employer nor the insurer aball be entitled to raise the defense of such exclusion. An employer desiring to be exempt from insuring the whole or any part of his liability for compensation shall D ik e application to the departm ent.,show ing, his .financial ability to pay sueh compensation, whereupon the department, if the applicant establishes his financial ability, shall issue, to the applicant a permit auth o rizin g mid exemption.: From a refusal of the d ep artm en t to ismir neb perm it an appeal shall lie to th e court of common pleas of D auphin County. In any *ueh appeal, the only question shall be whether the departm ent abused its discretion in refnsing tu rh permit. The de. partment shall establish** period of twelve calendar months, to begin and end at sueh times as the depart* ment shall prescribe, w hich hall be known as the annnal exemption period. Unless previously revoked, all perm its issued under this eelion shall expire and te r minate on the last day of the annual exemption period for which they were issued. Fermi!* iiaued under thia aet shall be renewed upon the filing of an application. The departm ent mi)*; from time to time, require fu rth e r statements of the financial ability of sueh employer, and, if at any time sueh employer appears no longer able to pay compensation, shall revoke its permit grant ing exemption, in which ease the employer hall im mdiat rlr subscribe to the State W orkmen's Insurance Fund or insure his liability in any insurance company o r m utual association or com pany, aa aforeaaid. Any em ployer who fails to comply with the provi sion of this section for every auch failure hall, upon iU. . .v* . : < ? GfOCOO ^ 66 sum mary conviction before any oIRriil o f competent jiiriH lirlion. be sentenced to pijr a fine of n o t l e u th a n one hundred dollar or more than Are hundred dollar, ... *nd malic of proaeculinn, or im prisonm ent for a period o f n o t m o r e t h a n mix m o n th , o r b o th . E v e r y d a y 's v i o lation shall constitute a separate offense. It shall be the duty of the department to enforce the provisions of Hit" aerlinn. anti it shall investigate all violations th a t (n a r e b r o u g h t t o its n o tic e a n d hall i n s t i t u t e p r o s e c u t i o n s fo r violation* thereof. All fines recovered under th e provisions of this section shall be paid to the departwent and b y it paid into the State T reasury. t* '...Oil ^ Section 306. The following schedule of compensa tion is h e re b y established abject to th e lim itatio n s of section 301 : (a) For total disability sixty-nix and two-thirds per centum of the wages of the disabled employe as defined in section th ree hundred and nine, b eginning after the seventh day of totaJ disability, and payable for the ` rT d u r a t i o n o f t o t a l d is a b i l i t y b u t t h e c o m p e n s a t i o n sh a ll ` n o t be m o re t h a n s ix ty d o llars p e r w e e k n o r lea* th a n thirty-five dollars per week. If at the time when dm" ' ability begins, the employe receive w ages of 35.00 d ollar p e r w e e k o r lex*, th e n he hall re c e iv e n in e t y / " `p e r c e n to ra o f th e w ag es p e r w eek a s c o m p e n s a tio n , b n t in no e v e n t le*a th a n tw e n ty -tw o d o lla rs p e r w eek. N othing in th is clause hail require p a y m e n t of e o n - * p e o s a t i o n a f t e r d i s a b i l i t y s h a l l cease. ** i*(b) F o r disability partial in ch aracter (except the particular ease mentioned in clause (e )) rixty-six and per .centum eft Ihe difference between the " . `wages o f'th e disabled employe, aa defined in section three hundred and nine, and the earning pow er of the ........ e m p lo y e t h e r e a f t e r : h u t r u e h c o m p e n s a t i o n s h a ll n o t . be more than forty-five dollars per week. This corapcn- S ' '.` s a l ion s h a ll b e p a i d d u r i n g th e p e r i o d o f su c h p a r t i a l , _ .^disability ex cep t aa provided in clause (e) of this *ee- *V. ' l i o n , b u t n o t m o r e t h s u t h r e e h u n d r e d a n d fifty w eTka. - Should total disability be followed by p a rtial disability, the period of three hundred and fifty w eeks shall not be reduced by the number of weeks during whieh com pensation wax paid for total disability. The term "earn- .. i. i , l a g p o w e r , " aa m e d in th is se c tio n , s h a l l in n o ease b e less th a n Jlhe w e e k ly a m o u n t w hich th e em ploye r e ceive a fte r disability begins, and in those cairn in w hieh the em p lo y e work* fe w e r than five d a y s p e r w eek for reasons not connected with or arising out of the d i s a b i l i t y r e s u l t i n g f r o m th e i n j u r y s h a l l n o t be lew ...... th a n five tim es his actual daily wage aa fixed by the day, hour, or by the output of the employe, and in no instance shall an employe receiving compensation under r i c c . 0 0 3 0 3 0 m r i - < ft'" . " this section receive more a compensation tadl t e n combined t h u i fellow employe in employment similar __ to th at in whieh the injured employe * u encaged at the time of disability. (e) F o r all disability resulting from lot* o r Ion of the uae of member* resulting from occupational diteat, , the compensation shall be exclusively as follows s F o r the loos of a 'h a n d , sixty-six and two-thirds per eentum of wages d uring one hundred and seventy-five weeks. F or the loss of a forearm, sixty-aix and two-thirds p er eentum of wages during one hundred and ninety* five weeks. F o r the loss of an a n a , sixty-six and two-thirds per eentum of wages d u ring two hundred and fifteen weeks. For the loss of a foot, sixty-aix and two-thirds per eentum of wages during one hundred and fifty weeks.- F or the loss of a low er leg, sixty-aix and two-thirds per eentum of wsgea during one hundred and eighty weeks. F or the loss of n leg, sixty-six and two-thirds per centum of wages d arin g two hundred and fifteen weeks. F or the loss of an eye, sixty-six and two-thirds per eentum of wages during one hundred and fifty weeks. F or the complete loss of hearing, in both ears, sixtysix and two-thirds per eentum of wages during one h u n d re d and e ig hty weeks. .......... - For the Ion of a thumb, sixty-six and two-thirds per eentum of wages during sixty weeks. For the ion of a-first finger, commonly called Index ; finger, sixty-eix and two-thirds per centum of wages - " daring thirty-five weeks. F or the loss of a oeeond finger, sixty-aix and twothirds per eentnm of wages daring thirty weeks. '' ' F o r the loos o f a th ird finger, sixty-aix a n d two-thirds per eentnm of wages during twenty weeks. F or the loss of a fourth finger, eommenly ealled little finger, sixty-six and two-thirds per eentnm of wages daring fifteen weeks. - The loss of the first phslsnge of the thumb shall be considered the loos of the thumb. The loss of a sobstaatial part of the first phalange of the thnmb shall be considered the loss of-one-half of the thnmb. The loss of any substantial part of the first phalange of a finger, or an arapotation immediately below the first phalange for the purpose of providing an optimum surgical result, shsll be considered loss of one-half of the Auger. Any g r r a tr r loss shall be considered the loss of the entire finger. The loss of one-hair of the thnmb, or a finger, shall be compensated a t the tame rate aa for the lorn of a thumb * o o CO o C"l 68 o r tinner but for en#*ht1f of Ike period provided fo r Ike I ox* o f i t h u m b o r finger. " ~ F o r th e Iom o f. or perm an en t to o f the u i r o f, any two or more surh members, not constituting total dis ability, sixty-six and two-thirds per centum of wages . . d u rin g the aggregate of the periods specified fo r each. ; ,, .. F o r th e Iona o f a g reat toe, sixty-six and tw o-thirds ' per centum of wages during forty weeks. For the loss of any other toe, sixty-six and two-thirds p er centum of wages during sixteen weeks. ... T h e loss o f t h e first p h a la n g e of t h e g r e a t to e, o r of a n y toe, shall be considered equivalent to the loss of onc-batf of sueh great toe, or other toe, and shall be com pensated at the same rate aa for the loss of a g reat toe, or o th e r toe, b n t for one-half of the period provided fo r the loss of a great toe or other toe. ;\c -The lots of more than one phalange of a great toe, or . any toe, shall be considered equivalent to the loss of * the entire great toe or other toe. F o r t h e loss o f , o r p e rm a n e n t Iona o f th e use o f a n y tw o or more sueh members, not constituting total dis ability, sixty-six and two-thirds per centum of wages during the aggregate of the periods specified for each. Unless the board shall otherwise determine, the loss of both hands or both arm s or both feet or both legs o r both eyes shall constitute total disability, to be eompen sated according to the provisions of elause (a ). r r .t|, . . A m putation at the wrist shall be considered aa the . equivalent of the loss of a band, and am putation a t the V* "-! * n ^ c s h a ll be c o n sid e re d aa the e q u iv a l e n t of t h e l o o !" '* a foot.* A m p u tatio n between the w rist and the elbow shall be considered aa the loss of a forearm , and a m p u tation between the ankle and the knee shall be eon- ?r- .-- a id ? re d aa th e Iocs of a lo w er leg. A m p u t a t i o n a t o r *- a b o v e t h e elb o w shall be c o nsid ered aa th e loss o f an r> ***- a r m a n d a m p u t a t i o n a t o r above th e k n e e s h a ll be Tot ' - considered aa the loss of a leg. P e rm a n e n t loss of th e use of a hand, arm, foot, leg, eye, finger, o r thumb, grest toe or other toe, shill be considered si the equivalent of th e loss of such hand, arm , foot, leg, eye, finger, or thum b, g re s t toe of oth er too. . *i* f.-. | n a d d i t i o n to th e p a y m e n t s h e re i n b e f o r e p r o v i d e d '** for disabilities of the elaues specified, any period of disability necessary and required as a healing period aball be compensated in aeeordanee w ith the provisions of this subsection. The healing period shall end (I) w hen the claimant returns to employment without im- u . pairm ent in earnings, or (II) on the last day of the * 1 period specified In the following table, w hichever is * the earlier: cimt * -T o r t h e loss of a h a n d , tw e n ty w eeks. r* C r \ cz ( t c 0EO O 73- to 69 F o r t h e lew o f f o r e a rm , tw e n t y w o rks. F o r the Iota of an i n n . tw enty weeks. F o r the loss of a foot, twenfy-flre weeks. F o r the loss of the lower ley, twenty-five week*. F o r th e Iu m o f a ley, tw e n ty - fir e w eek s. F o r the loss of a n eye, ten weeks. F o r the loss of heariny, ten weeks. F o r the loss of a thum b or sn y p a rt thereof, ten weeks. For the loss of an y other Anyer or any p art thereof, six weeks. F o r the loss of a great toe or sny p srt thrreof. twelve weeks. F or the loss of any other toe or any p srt thereof, six weeks. This com pensation shall not be m o re th a n sixty Hol lars per week nor less than thirty-five dollars per w rek : Provided. That if at the time of disability the employe rereieea wage* of thirty-five dollar* per week or less, then he khall receive ninety per centum of su^h w syes p e r week as compensation, but in no event leta th an twenty-two dollar* per week. When an employe works during the healiny period, his w ayrs and earning pow er shall be a* defined in this art. an d he shall not reced e more in wages and compensation combined than hi wage* at the tim e of disability a* defined in section 309. W here any sn rh in ju ry or injuries shall require an am putation at a time after the end of the healing period hereinbefore provided, the employe shall he entitled to receive compensation for the second healing period, and in the ease of a second injnry or am putation to the same limb prior In the expiration of the first healing period, a new healing period shall commence for the period hereinbefore provided and no further compen sation shall be payable for the first healing period. (d) 'Where at the time of disability, the employe incurs other disabilities, seperate from those which re sult in perm anent disabilities enumerated in clause (c) of this section, the num ber of weeks for which compen sation is specified fo r the perm an en t diaabilltii'S shall begin at the end ot the period of temporary total dis ability which results from the other separate disability, b n t in that event the employe shall not receive compenRation p rp v id rd in clause (c) of th is section fo r the specific healiny period. In the event the employe incurs two or more permanent disabilities of the above enu merated classes compensable under clause (c) of this section, he shall be compensated for the largest single healing period rather than the aggregate of the healing period*. 70 (e ) K o r o m p e fixation hall be allo we J f o r th e firn! aeveii d iv i after disability begin*. except as provided So this clau se (e? a n d clause ( ) o f th is arc t ion. If the period' of disability lasts more than six weeks after disability begins, the employe shall also receive com pensation fo r the first seven days o f disability. ( 0 D o rin e th e first six m onths a f te r d isability be**.. tffins. the e m p l o y e r sh a ll f u r n is h re a s o n a b le s u r g ic a l and .medical servier*. medicines, and supplies, as and when needed, unless th e employe refu ses to allow th em to be furnished b y the employer. The coal of tueh services, medicines, and supplies, shall not rxeeed seven hundred fifty dollars. If the employer shall, upon appliraiion made to him. refuse to furnish such services, medicines, and supplies, the employe m ay proeure same and shall receive from the employer the reasonable cost thereof within the above limitations. In addition to the above terrier, mrdicinrs, and supplies, hospital treatment, ereife, and supplies and orthopedic appliances and prostheses, shall be fiim ished by the employer for the - said period of six months. The board may order further medical, largirai and hospital services if it is rstab- . lishrd that further care will resnlt in restoring the disabled employe's earning power to a substantial de gree. In each order the hoard shall specify the maxi mum period and the maximum costs of the treatment d e s ig n e d f o r th e em p lo y e 's re h a b i li ta t io n . T h e cost of such hospital treatm ent, service, and supplir, shall not in any case exceed the prevailing charge in the hospital * ** f o r like a e rr ic e s t o o t h e r i n d i v id u a l s . I f t h e e m p lo ye ' -* shall refuse reasonable surgical, medical, and hospital servire*, medicines, and irupplies, tendered to him by : .. ' hia employer, he shall forfeit all rights to compensation ' for disability or a n y increase in his disability show n to have resulted from such refusal. W henever an employe shall hare suffered the Ion of a limb, part of a limb, or an eye, the em ployer ahall furnish to the em ploye in ; addition to the aforementioned surgical and medical 1 * serv ices, services r e n d e r e d b y d u ly l i e r n a r d p r a r t i t i o n - ers of the healing arts, medicines and supplies, or arti ficial limb o r eye o r other proathesra of a type and kind recommended by th e doctor attending auch employe in connection with such Injury aa well ai surh training as m a y be req u ired in the p ro p e r u*e of sueh protlhese*. h T h e provision* o f th i s sectio n shall a p p l y to o c c u p a tional diseases where no lota of earning power occurs. (g) Should the employe die from some other cause than the occupational disease, the liability for compen sation shall cease. Section 307. In case of death resulting from oecu* - potions! disease, compensation shall be com puted on the i* --|ir*--t*-1 * r** r ' ' " ** *' *' *" ` *"* <r c c . ( c socoo following b u ll, u d distributed to the following per sona, o b je c t to t h e lirailatJona o f a fc t io n 3 0 1 1 1, If there be no widow n o r w idow er entitled to compensation, fo n p ra u tio n shell be paid to the guardian of the child or children, o r if there be no guardian, to such other persons a t m a r be designated by the board a t hereinafter provided, aa follows: * (a) If there be one child, thirty-two per centum of Wages of deceased, bat not in excess of twenty-five dol lars per week. (b) If there be two children, forty-two per centom of wages of deceased, bnt not in excess of thirty-three dollar* per week. (e) If there be three children, fifty-two p er centum o f wages of deceased, bnt not in excess of forty-one dollars per week. (d) If there be four children, sixty-two per centum of wages of deceased, hat not in excess of forty-eight dollars per week. t (e) If there be fire children, sixty-fonr p e r centum f wages of deceased, but n o t in exeess of fifty-four d o l lars per week. (f) If there be six or more children, sixty-six and two-thirds per centum of wages of deceased, but not ax exerts of sixty dollars p e r week. 2. To the widow o r w idow er. If th ere be no children, fifty-one p e r ce n tu m o f w a g e s , b u t n o t fa excess o f thirty-nine dollars per week. S. To t h e w id o w o r w id o w e r . If t h e r e be one c h il d , sixty per centum of wages, but not in excess of fortysix dollars per week. 4. To the widow o r w idow er,*if there be tw o chil dren. sixty-six and two-third* per centum of wages, but n o t in exeess o f fifty -fo u r d o l l a r s p e r w e e k . . . . . .. 5. To the widow o r w ido w er,-if th e r e be th ree o r m ore children, sixty-aix and two-thirds per centum of wages, bat not in exres* of sixty dollars p er week. 6. If there be neither widow, widow er, n o r children, entitled to compensation, then to the fath er or mother, if dependent to any extent upon the employe at the tim e of hi* d e a th , th irty -tw o p e r c e n tu m of wage, b n t not in exeess of tw entr-fire dollars p er w eek : P ro vided, however, That in the case of a m inor child who has been contributing to his parents, the dependency of said parents hall be p resu m ed : A n d provided f a r ther. That if the father or mother was totally depen dent npon the decranrd employe at the time of bis death, the compensation payable to anch father or m other shall be fifty-two per ecu lam o f wages, b at not in excess of thirty-eight dollars p er week. ** GOEOO -3$ ytr--. C! 72 7. If there be neither widow, widower, children, no r dependent parent, entitled to compensation, then to the brothers and sisters, if actually dependent upon the decedent for aupport at the time of his death, twrnty-two per eentum of wages for one brother or sister, and fire per centum additional fo r each addi tional brother or sister, with a maximum of thirty-two 'P * r centum, en eh compensation to be paid to their guardian, or, if there be no guardian, to sueh other person aa m ay be designated b y the board, aa herein after provided. 8. 'W h e th e r o r not th e r e be d e p e n d e n ts as aforesaid, the reasonable expense of burial, not exceeding seven hundred fifty dollars, which shall be paid b y the em' ployer or insurer directly to the undertaker (without deduction of any amounts theretofore paid for compen sation or fo r medical expenses). Compensation shall be payable under this section to o r on account o f any child, b ro th e r, o r sister, only if ..and while such child, brother, o r sister is u n d er the age of eighteen. No compensation shall be payable under this section to a widow, unless she was living with her deceased husband at the lime of his death, or was then actually dependent upon him and receiving from him a substantial portion of her aupport. No compensation shall be payable u n d er this section to a widower, unless he be incapable of self-support at tbe time of hit writ* death and be at sueh time dependent upon her for support. If members of decedents house hold at the time of hit death, the terms "child" and "children" shall include step children, adopted children, and children to whore he stood in loco parentis, and .shall include posthumous children. 8hould any de pendent of a deceased rrapioje die or rem arry, or should the w idower become capable of self-sup port, the right of snch dependent or widower to compensa tion under this section shall cesse. Provided, however, .T h a t if. upon uvestijration and h e a rin r, it shall be as certained that the widow o r widower is living with a man or w om an, as the case m a r be, in m eretricious relationship and not married, or the widow living a life of prostitution, the board m a r order the term ina tion of compensation payable to such widow o r w id o w e r . If the* c o m p e n s a ti o n p a y a b le u n d e r th is section to any parson shall, for any cause, cease, tbe compensa tion to the remaining persons entitled thereunder shall thereafter be the same as would have been payable to them had they been the only persons entitled to com pensation at the time of the death of the deceased. T he wages upon wkicb death compensation shall be based shall not in any ease be taken to exceed ninety r ( C c. 3 00305G . . . 73 dollar* p e r week, n o r h r let th an flftjr dollar* per week. * The board may,, if the beet interests of a child or childrrn ahall so require, at any time o rd rr ami riirrrt the compensation payable to a ehild or children, or to a widow or a widower, on account of any child or chit- drrn. to be paid to the g u ard ia n of anrh ehild o r chil dren. or. if there be no guardian, to aueh other person aa the board, an hereinafter provided, may direct. If there be no guardian ur committee of any minor, de pendent. or inaane employe, or dependent, on w ho account compensation ia payable, the amount payable on account of auch minor, dependent, or inaane employe, o r dependent m ay he paid to any sn rririn g parent, or to aueh other person as the board m ay o rd rr and direct, and the board m ay require any person, other than a guardian or committee, to whom it has directed com pensation for a minor, dependent, or insane employe, or dependent to be paid, to render, as and when it shall ao order, accounts of the receipts and disbursements of auch person, a n d to file w ith it a satisfa c to ry bond in a rum sufficient to secure the proper application of the moneys received by anch person. Section 308. ( a ) "When com pensation is aw ard ed becam e o f disability or death raused by silicosis, a n thraco-s ill costs, coal w o r k e r 's pneum oconiosis, asbettosts, or any other occupations) disease which developed to the p o in t o f d is a b le m e n t o n ly a f t e r an e x p o s u r e of r#, five or more years, the compensation foe disability or death due to auch disease ahall. except as otherwise provided in subsection (g) of section 301, be paid jointly by the employer ta d the Commonwealth and the employer shall he liable for sixty per centum of the compensation due and .the Commonwealth forty per centum . ; ..., , . (b) Compensation payable by the Commonwealth under subsection (a) of this section shall be paid out of appropriations vnsde from time to time to the d ep art ment ont of the General F u n d in the S tate Treasury. (e) In all claims for compensation partially parable by the Commonwealth, under subsection (a) of this section, the departm ent shall be designated as a co defendant. (d) In all agreem ents for tbe paym ent of eompensa(ion and all aw ards, the amounl payable by the em ployer and the amount payable by the Commonwealth ahall he separately stated. An aw ard against the em ployer shall be for only the percentage of the total compensation whirl* the employer is obligated to p ar u n d er subsection fa l of this sertion. not to rxeeed the sta te d p e rcen tag e of th r m axim um payable by th e cm- $ O o CO o cn \. _ y 74 p lo v e r tin H er a r r iin n 3 0 J f* ) 2 o f thi i r t , *ir if i f f l i n n 301 ta ) 2 he inapplicable, then tinder eelinn 300 and 307 o f thin a r t . A nr*p a r a t e a w a r d s h a ll b** m m l r a g a i n * t the Commonwealth for the balitire of the compensation p a y a b le u n d e r aid sections. w hich Khali he p a y a b le out * of appropriations m ade as aforeaaid. N othing in thin section hall prohibit the Com m onsrealth from e n te rin g ' info agreement to pay the compensation for which It u liable; Provided. howeTer, T h a t w here eora pen na tion is parab le u n d e r the provisions of aubseetioii (a ) of this section* the Com m onwealth ahall n o t e n te r into an agreement unless the employer is a party to the agreem ent: And provided further. That any such agree ment ahall eontain faeta aaffirient to entitle the claim ant to compensation and shall be accompanied by a supporting medical certificate. All such agreem ents shall be approved by the board or by a referee. , action 309. TThenever in ' this article th e term . " w a g e s '* is u s e d , it a h a ll be c o n s t r u e d to m r a n t h e a v e r age weekly wages of the employe ascertained as follows: (a) If at the time of the disability the wages are fixed b y the week, the am ount so fixed ahall be the average weekly wage. (b) If at the time of the disability the w ages ore fixed Qb y th e m onth, the a v erag e w eekly w a g e ahall be th e m onthly wage so fixed, multiplied by twelve and di vided by fifty-two. (c) If at the lime of the disability the wage are fixed by the year, the average w eekly wage hail be the y early w ag e ao fixed, divided by fifty-tw o. (d) If at the time of the disability the wages are fixed b y the d a y , b onr, o r b y the o u tp n t of the em-#>ploye( the av erag e w eekly w age ahall be th e w a g e moat favorable to the employe," romputert by dividing by thirteen the total wages of said employe earn ed in the em ploy of the em ployer in the first, second, th ird , or fourth period of thirteen eonseenlive calendar weeki . in the fifty-two week im m ediately p rrre d in g the d is ability, or in case the employe receive* wage* m o n th ly or semi-monthly, by dividing by thirteen the total wages of said employe earned in the employ of the em ployer In the first, second, third, o r fourth period of three consecutive calen d ar m onths in the y e a r im m ediately preceding the disability. If the employe has hern in the employ of em ployer less than thirteen calendar weeks, (or three calendar m onths if the em ploye receive* traces m onthly, o r semi, monthly) immediately preceding the disability, hit 1 average w eekly wage shall be com puted u n d er the C ( ( c < C 00305 < c " #* CD 75 foregoing prirrph, U kiiif "total for such purpose to be the amount hr would have earned had he hern so employed hy employer the full thirteen calendar weeks (o r three calendar months) imme diately parcelling the disability, and had worked when work was available In other employes in a similar occupation, unless it-be conclusively shown thst, by reason of exceptional causes, such method of computa ti o n does not a s c e r ta i n f a i r l y t h e " t o t a l wages** of the em ploye no e m p lo y ed less th a n th irte e n c a le n d ar w eeks (or three calendar months). (e) In occupations which are exclusively seasonal, and therefore eannot be carried on throughout the year, the average weekly w age shall be taken to be onefiftieth of the total wages which the employe hss earned from alt occupations during the twelve calendar months . im mediately preceding the disability, unless it be shown that during such year, by reason of exceptional causes, such method of computation does not ascertain fairly the earnings of the^employr, in which ease the period for calculation shall be extended so far as to give a basis for the fair ascertainm ent of his average weekly earnings. The terras "average weekly wage" and "total wages," as used in this section, shall inrlode board and lodging received from the employer, and when so received, the board shall be rated at two dollars per d t y if more th a n one meal is served, an d one dollar p e r day if only one meal is served, and lodging shall be rated at one d o ll a r a n d fifty c e n ts p e r d ay. I n e m p lo y m en ts zn which employes customarily receive not less than oneth ird of th eir re m u n eratio n in tips or gratu ities n o t ** " lc paid by the employer, gratuities shall be added to the wages received at the rate of two dollars per d ay; bnt such terms ahall not include amounts deducted by the employer u n d rr the contract of hiring for labor furnished, or paid for by the employer, and necessary f o r th e p e r f o r m a n c e of su ch c o n tr a c t b y t h e e m p lo y e s **' nor shall such term s include deductions from wages doe the employer for rent, and supplies n ecetu ry for the employe's use in the performance of his labor. "Where th e em p lo y e is w o rk in g u n d e r c o n c u rr e n t contracts wilh two or more employers, and the de fendant emplnyrr has*knowledge of such employment prior to the disability, his wages from all such em ployers shall be. considered as if earned from the employer liable for compensation. If under clauses (a), (b). (e), (d), and (e) of this section the am ount determined is less than if com puted as follows, this computation shall appty, v is: divide the total wages earned by the employe during - ..................... .............. 00305 76 the lilt 1*o completed calendar quarter with the tame employer by the number of day* he worked for such em ployer d u rin g aurh period multiplied by five. 'T h e weekly wage tipou which compensation shall be computed, shall be the w ipe earned h r the employe in^ h is la s t employment in*the occupation or in d u stry in* which the oeeupational ditesae is a hazard. Suction 310. Alien widow, children and parents, - not residents of the United States, shall be entitled to compensation, but only to the amount of fifty per centum of the compensation which would have been 1 'payable if they were resident* of the United States; Provided, T hat compensation benefits are granted resi dents of the United States under the laws of the foreign country in which the widow, children or parents reside. Alien w idowers, brothers and siatera who are not resi dents of the U nited S tates shall not be entitled to receive an y compensation. .In no event shall a n r non*! re s id e n t a lie n w id o w o r p a r e n t be e n title d to com pensation in the absence of proof th at the alien widow or parent has actually been receiving a substantial portion of hit or her support from the decedent. W here transmission of funds in payment of any such compen sation is prohibited by any law of the Commonwealth or of the U nited States to residents of such foreign country, then no compensation shall accrue o r be pay able while such prohibition rem ains in effect and, unless such prohibition is removed w ithin o x y ears from the date of death, all obligation to pay corapenc: nation u n d er this section shall be fo rev tr extinguished. I n e v e ry in stan ce w here an a w ard is m ade to alien ' widows, children or parents, not residents in the United / Stale, the referee o r the board shall, in the aw ard, . , fix the am ount of an y fee allowed to any person fo r t\ %m service in c o n n e c tio n w ith p r e s e n tin g the e laim , a n d It shall be a misdem eanor punishable by a fine of not more than fire hundred dollars or imprisonment for not more than six months, or both, to accept any re muneration for the se rrie d other than that provided by the referee or board. Section 311. .Unless the employe or someone in hia behalf, o r some of the dependents or someone in their behalf, shall give notice of disability to the employer liable for compensation under this article, within tw enty-one days a fte r compensable disability begin** no compensation shall be due until aurh notice be given, and unlean surh notice be given within one hun dred and tw en ty day after the beginning of eorape usable d isability n o compensation ahall be allowed. r c c: c c ' 090C00 77 Section 312. T h e n o tire re fe rre d to in aertloti th ree hundred end elfTen hull inform the em ployer thnt a certain employe became disabled as a reault of the ocrupationsl disease, described in ordinary language, fn the course of hia employment on or about a specified t i m e . .................. ... S ection 313. T h e notice referred to in aeetiona three liundrrd and eleven and three hundred and twelve m ay be given to th e immediate: or other su p erio r o f the employe, to the em ployer, o r any agent of the employer regularly employed at the place of employment of the d i t a b l e d e m p l o y e ................ .... Section 314. A t a n y tim e a f t e r disability begins, the employe must submit himself for examination, at some reasonable tim e and place, to a physician or phy. aicians legally authorized to practicr under the laws of auch p la c e , w ho s h a l l be selected a n d p a id h y th e em* plover, o r the Commonwealth, and the report of the examination of th r physician, with hii testimony, shall be made a part of the record before a claim for disability shall be allowed by the referee of the board: Provided, T hat in the case w h e re there has bern an exam ination by a physician selected and paid for by the Common wealth, there shall be, in addition an exam ination by an independent physician elected and paid for by the e m p lo y e r, w ho s h a ll file a r e p o r t a n d te s tif y and w ho hall n o t be allowed tinder any eirenm stances to adopt the report or the testimony or the examination of the physician o f any o th e r p a rty . If the employe shall re-four to submit to the examination by the hririeian or physicians selected by the employer or the Common* wealth, the board ahall order the employe to submit to an exam ination at a time and plare set by it and by the physician or physicians selected and paid by the employer o r the Commonwealth, or by a physician or physicians deiignated by it and paid by the employer or the Com m onw ealth. The board m ay at any tim e after so eh first exam ination order the employe to submit him . elf to aneh fu rth e r exam inations a t it shall derm rea- aonable and neenutary, at auch times and places and by such physicians as it may designate; and. in such case, the em ployer or the Commonwealth shall pay the fees a n d expenses of th e exam ining physician o r physicians, and the reasonable traveling expenses and loss of wages Incurred b y the em ploye in order to submit himself to such examination. The refnss! or neglect, w ithout rea. aonable cause or excuse, of the employe to subm it to auch exam ination ordered by the board, either before o r after an agreem ent or award, ahall deprive him of T90C00 0 Ih e r i g h t In rnvnpfiiMiliiiii i i n t l r r Ilit*. a r t i c l e . d u r i n g t h # cotif u t i a n r r o f s u c h rrfiiHiil o r n e g le c t. a n d t ! p e r i o d of atirh negirc! o r rrfu u il hall be deducted frnm Ilie period during which compensation vruuld otherwise be .. .... - T he employe hull be entitled to hnre * physician or phjRici*na of bin ow n election, to be paid by him. p ar- * ticipate in any examination ordered by the board. / Section 315. In cane o f disability all claims for compensation ball be forever barred, tinlrw. within sixteen niuullis after comprmiablr disability begin*. the v... part shall have a g re e d upon Ih r com pensation p ay able under this article, o r unless, within sixteen months a fte r compensable disability begins, one of the parties aha!) h av e fllrd a petition* a* p ro v id ed in arlirl* fo u r hereof. In ra a r s o f d eath all elaivna for com pensation shall be forever barred, unless, within sixteen months a fter the death, the parties shall have agreed.upon the compensation payable under this artiele, or unices, within sixteen month after the death,one of thr parties ahall have filed a petition as provided in article four h e r e o f . `W h e r e , h o w e v e r , p a y m e n t of c o m p e n s a t i o n have been made in a n y case, said lim itations slmll not take effect until the expiration of sixteen month from the time of the m aking of the most recent paym ent ' m ade prior to the dale of filing such petition. In eases of total disability from ailieosis. anthraeom tico sis, co al w o r k e r '* p n e u m o f o n io s i a , a n d asb e s to sis w here the elaim ia allon-rd, com pensation shall be payj ' able and commence as of the d a te the claim is filed. Section 318. The compensation contemplated by thit artiele m ay at any time be comm uted by the board, at ..its then m ine when disroontrd at fire per centum CTP.ti r: i n t e r e s t . w i t h a n n u a l re s ts, u p o n a p p l i c a t i o n of e i t h e r p a rty , w ith due notice to the other, if it a p p e a r th a t .... auch e o m n iu la tin n w ill be fo r Ihe b e st in te re a t o f th e employe nr the dependents of the deceased employe, and that it will avoid undue expense or indue hardship to either party, or that anch employe or dependent has rem oved o r is abont to rem ove from the U nited States, or that the efiiployer has sold or otherwise disposed of the whole or the greater part of his business or aasrta: Provided, however. T hai unless the employer agrees to make aueh comm utation, the board may require the employe or the dependent of the deceased employe to furnish proper indem nity safeguarding Ihe employer* rights. ... <r ( < c \ 003062 # 7i> flection 317. Al e n y lin e after th f approval of an agreement r a ffrr ll- e n try of tlir award, a aura ^ o i t In all future in*ialm^rif o f rnm|wiafton m ay ( tr h frf dfAtli o r ill* n a tu re of th e tli**hiltfv r r n d m Ihr im o a n t of fulurr payment eertain*. with the approval of the b o a r d . I** p n H b y th* e m p l o y e r to a n y s a v i n g s b a n k , trust company, or life iisirnnrf company, in g o d s t a n d i n g an d atilhrtKet to d o I m i t i n m in thia Co rare o n wealth. and such mini, to p rth cr with all interest there on, shall thrrenftrr be held in trust for the employe or the de.irntieiiH of the employe, who shall hare no fu rth e r rreonrse acrninM the rm ployer. The p ay m e n t of aueli sum b y th e em ployer. evidenced by th e receipt of the trustee noted upon the prothonotary's docket, sh all o p e ra te ma a s a t i s f a c t i o n o f said a w a r d a i t o th e employer. Payments from said fund shall hr made by the trustee in tlir M m e amounts and at the same period* a* a re h e re in re tju ire d o f the em ployer, u n til said fund and inter**! shall be exhausted. In the appointment of the trustee preference shall be given. In the discretion of th e board, to the choiee of th e * employe or the dependents of the deceased employe. Should. however. there remain any unexpendrd balance of any fund a fter the paym ent of all suras due u n d er this act. *n?h balance shall be repaid to the em ployer who made the original paym ent, or lo his legal repre sentatives. Section 318. The rig h t of compensation g ranted by thia article shall have the same preference (w ithout limit o f a m o u n t ) a g a i n s t t h e a s s e ts of an e m p lo y e r, li a b le f o r \ 1,1 such compensation, s h now or may hereafter be al lowed by law for a claim for unpaid wage for labor: Provided, however. T h at tio claim for compensation ahall have priority nTer any judgm ent, m ortgage, or conveyance of land recorded prior to the filing of the petition, award, or agreem ent as to compensation in the offiee of Ihe p ro th o n o ta ry id th e c o u n ty in w hich the land is situated. Claims for paym ents due u n d er this article of this act and compensation payments made by J virtue thereof shall nnt be assignable. and (except as provided in section th re e hundred sud nineteen of a rti cle three and section five hundred and one of article five hereof) shall be ex e m p t from all claires of c re d i tors, and from levy, execution, or attachm ent, which exemption may not be waived. fle c tio n 319. W h e r e t h e c o n i p r m a b l e d i s a b i l i t y I* can ted in w hole o r in p a r t b y t h e a c t o r om issio n of a third parly. Ihe employer shall be subrogated to the rig h t of the employe, hi* personal representative, hia estate or his dependents, against such third p a rty for 2,c- 003063 60 the balance of an y sum recovered in (({(ration, o r paid in compromise srttlrm rn t. after subtraction of reason* able attorney's fees and other p roper di&burscment*, but only to the extent of the compensation payable under this article by the employer. Any reeovery against such third person in cxeess of the compensa tion theretofore paid by the employer shall be paid forthwith to the employr or to the dependents, and shall be treated as an advance payment by the cm- ployer on account of any future installments of com pensation. W here an employe hat received payments for the dis ability or medical expense resulting from a disability in the course of his employment, paid by the employer, or an inaaranee company, on the basis that the dia -ability w a s n o t c o m p e n s a b le u n d e r th is a c t, in th e cTcnt of an agreement or aw trd for that disability, the employer, or insurance company, who made the payments, shall be subrogated out of the agreement or aw ard to the amount so paid, if the right to subroga tion is agreed to by the parties or is established at the - ' time of bearing before the referee or the board. ` ave: - *'"s S e c ti o n 9X0. ( a ) I f the e m p lo y e is a m in o r, u n d e r the age of eighteen y e a n , employed or perm itted to w ork in violation of any provision of the laws of thia Commonwealth relating to minors of such age, com pensation, either in the ease of disability o r death of such employe, shall be one hundred and fifty per centum of the am ount th a t would be payable to such minor if legally employed. The amount by which such compen sation shall exeeed that provided for in r a i r of legal e m p lo y m e n t m a y b e re f e rre d to aa " a d d itio n al com* pens tion." (b) The employer and not the insurance carrier shall be liable for the additional compensation. Any provi sion in an insurance p o liry u n d ertak in g to relieve an "J *e m p lo y e r f r o m such li a b ilit"v shall b e void . (e) W here death or the nature of the disability ren ders the amount of fu tu re paym ents certain, the total araonnt of the additional compensation, object to dis count as in the case of commutation, shall be immedi ately due and payable. It ahall be deposited, subject to the approval of the board, in any saving* bank, trust company, or life insurance company in good standing and authorised to do buainess in this Commonwealth. W here th r amount of the future payment* of com pensation is uncertain, the board shall, upon the a p proval of the agreement or the entry of an award, 'determ ine as nearly as m ay be Ihe total am ount of p a y m ent to be m ade, an d the ad d itio n al com pensation ao AJt . r" C C C ( 003064 n ea In tin ted hull. im m H iilH .r npon such determ ination, become due am) payable by the employer. The amount may be redeterm ined by the board, and any increase hall ihen Heroine du* and payable, and any excess, which hall be shown to have been paid, ahall be re- turned to the person paring the same. Upon deter m ination of the am ount due. it hull be deposited as above provided. Paym ents of compensation out of de posits shall be m ade to the employe o r dependents as paym ents of other compensation are m ade; Provided, how ever. T hat the board may, in its discretion and npon inquiry as in cases of commutation, aeeelerate such payments. (d) The provision of the foregoing paragraph (e) shall not apply to employers who are exempted by the departm ent from the necessity of carrying insurance. (e) Possession of an employment certificate, duly is sued and transm itted to the employer in accordance w ith the provisions of the child labor law. and receipt thereof duly acknow ledged by him, ahall be conclusive evidence to such em ployer of his legal rig h t to employ the m inor for whose employment such certificate has been issued. (f) The possession of an age certificate, duly issued and transm itted to the employer by the school authori ties of the school district in which a minor resides, shall be conclusive evidence to the employer of the minor's age as certified therein. (g) If neither p arty has elected not to be bound by the provisions of article three of the aet to which tbii aet w an amendm ent, in the m anner prescribed by sec tion three h u n d red an d tw o of said aet. th ey shall be held to have agreed to be bound hy the provisions of this aet, and to have waived any other right or remedy a t la w o r in. e q u i t y , f o r t h e r e c o v e r y o f d a m a g e * fo r Injuries occurring under the circumstances herein described. ARTICLE IV r*oeroeax B o d Icm 401. T h e te r m " employer,** w h e n t u r d In this ariie le , nhall 'm e a n the e m p lo y e r a* defined in article one of this act, o r his duty authorized agent, o r his insurer if such insurer has a*umrd the employer'* liability, o r the S tair \V orkm rn\ Insurance Fund of % this Comm onwealth if the employer be insured therein. T h e d e p a rtm e n t ahall bp deemed a " p a r t y in interest** In any proceeding u n d e r this arlirle before a referee, the board or any court involving any claim for com pensation, a p a rt of which is p s v ih le by the Comm on wealth under the provision* of this aet. o o 03 o CD O 'l r 82 cftion 409, R*p**Wd J a n u s ry 2. 1952, P . L ,Act 482. ...... 3811, S eed on 403. (a) Alt proceeding* before the board o r an y referee, and all appcala to the b oard, ahall be in atiln ted b y p etition ad dreamed to the b o a rd . All peti- tio n a mball be an w r i t i n g a n d in t b a fo r m p re s c rib e d < by the board. (b) All petition*, all copies of agreements for eon* penaation, and all paper* requiring aetion by the board, ahall be mailed or delivered to the departm ent at its p rin c ip a l office. 1 Section 404. Tbe departm ent ahall, immediately u p o n their receipt, properly file an d d o ck et all peti tions, agreements for compensation, finding* of fact by the board or any referee, award or disallowance of compensation, or modification! thereof, and all other reports or paper* filed with it nnder the provisions of this act or the rale* or regulations of the board. Boetiua 406. Im m ediately npon receiving from the board or any referee any aw ard or disallowance of c c o m p e n s a tio n , o r a n y m odification th e re o f, o r a n y o t h e r decision, the departm ent shall serve a copy thereof on all parties in interest. Baction 406. All notiee and copies to whleh any p a rty ahall be entitled nnder the provisions of this article shall be erred by mail, o r in rnch m a n n e r as tbe board shall direct. F or the purpose* of this article any notiee or copy hall be deemed served on tbe d ate when mailed, properly tamped and addressed, and shall be pram m ed to have reached tbe p arty to be served; but any party may abow by competent evidence that any "notiee or copy was not received, or that there was an a n a ra il or nnreaaonsble delay in its transmission throogh tbe mails. In any rach c u t proper allowance ball be made for tbe party* failure within the pre scribed time to assert any rig h t given him by thia a c t The department, the secretary of the board, and every r e f e r s ball keep a careful record of the date of mailing every notice and copy required by thia set to be served on the partita in in te re st Section 407. On or after the seventh d ay after dis ability ahall have begun or death ahall have occurred, tbe employer and employe or hii dependent* may agree upon the compensation payable to the employe or hii dependents under thia act; bol any agreem ent mads prior to the seventh day after the diaabillty ahall have 990900^ w- ZD S3 begun or the death ahall hare occurred, or permitting a commutation of payment* contrary to the proriaion* of thi* act, or T arring the amount to be paid or the period during which compensation hall be payable a* pro* Tided in thia a r t. ahall be w holly nu ll and ro id . I t ahall b e unlaw ful f o r an y em p lo y er to aeeept a receipt allow in g t h e p ay m e n t o f eompenmation when m fa c t u o such . p a y m en t ha* been made. ' AH agreement* made fn aeeordanee with the p ro riaion of thi aeetion ahall be In writing, and signed by all parties In interest. All agreement* for eompentation and all supple mental agreements for the modification, suspension, reinstatement, or termination thereof, and all receipt* eaceuled by any employe of whatever age, or by any dependent to whom compensation ia payable o n d c r sec- lion three hundred and seven, and who has attained the age of sixteen years, ahall be valid and binding unless modified or net aside a* hereinafter provided. Section 406. All agreements for compensation m ay be modified, suspended, reinstated, or terminated at any time by a supplemental agreement approved by the department, if the disability of an employe baa in creased, decreased, reenrred, or temporarily or finally terminated, o r if the status of any dependent has changed. ' --------- ' Section 409. "Whenever an agreement or supple mental agreement ahall be-executed between an era- - .. p lo y e r and employe o r his d ep end ents as p ro v id ed b y *r - tbis act, such agreement hall be exeented in triplicate. Two copies thereof, signed by all parties in interest, ahall be mailed or delivered to thr department within thirty days after execution. It ahatl be the doty of the department to examine the agreement to determine whether it conforms to the provisions of aeetion fonr hundred and seven, to notify the parties thereto of its validity or invalidity, under the aforesaid aeetion, within thirty days after the copies of the agreement hare been mailed or delivered to it, and, if the agree ment be approved, to tend to the employe or depend ents, together with vneh notification of its approvsl, * copy of the agreemefit: Provided, however, That any payment made in aeeordanee with any agreement prior to the reeript of notice of invalidity ahall discharge pro tanto the liability, nnder article threr of this aet, , of t h e em ployer m a k i n g aueb p aym en t* .......................................... S ection 410. If, a fte r any disability or d ra th , the employer and the employe or his dependent* (hall fall to agree upon the facts thereof and the eompei^aatlon 30COO ^2 S4 doe under tM i net, the employe o r bis dependents may i.- .... Prelen* claim for com penulion to the board. Whenever any claim fo r com pensation ia p resen ted to .the^ b o ard, a n d U finally a d ju d icated in fa v o r o f th e claim ant, the am ounts of com pensation aetnally doc a t th e tim e th e ti n t p aym ent Is m ade a fte r tn eh a d ju d ic a tion shall b ear intcreat at the rate o f aiz p er centum per ..an n u m fro m th e d ay n e b el aim Is p re se n te d , an d aueh in terest shall be payable to Ibe sam e persona to whom th e com pensation is payable. . In case any claim ant shall die before the final ad ju d i cation of hia claim , th e am ount of com pensation due T ...neb claim ant to the d ate of death shall be paid to the dependents entitled to eom penastion, or, if there be no dependents, then to the estate of th e decedent. , xSmm 7 . actio n 411. W henever the em ployer and the cmploye or his dependents shall, on o r after the seventh d ay after any disability begins o r death occurs, agree o s the facts on which a claim fo r com pensation de pends, b n t shall fail to sgTee on the eom penastion payable thereunder, they may petitio n the board to determ ine the com pensation payable. Such petition shall eontain the agreed facts, and ah all be signed by a ll p arties in interest. T he board sh all fix a tim e and plaee fo r hearin g the petition, an d shall n o tify all p a rtie s in in terest. A t soon as m ay be a fte r such h ear ing, the board shall aw ard or d isallo w com pensation In aeeordanee w ith the provisions of th is act. # < . * *i Bectlon'* 413. Tf a n y p a r t y sh a ll d e sire th e corn m u tation of foture instalm ents of eom penastion, he shall p resen t a petition therefor to the board. action 413. The board, or a referee designated by th e board, m ar, at any tim e, review and m odify or set aside an existing original or existing supplem ental agree m eet, upon petition filed by e ith e r p a rty w ith the board or in the course of the proceedings u n d e r any petition pending before such board or referee, if it ba p roved th a t aueh agreem ent w it in a n y m ate ria l re* , v ' f rp eet ineorrecl. T he board -or referee designated b y th e b o ard , m ay, a t any time, m odify, re instate, suspend, o r term inate an original or supplem ental agreem ent, or an aw ard, upon p etitio n filed by eith er p a rty w ith aueh b o a rd , upon proof th a t tbe disability of the em ploye has in- ereased, decreased, recurred, or has tem porarily or finally ceased, or that the statu s of an y dependent has changed. 8 ueh modification, rein itsleraen t, suspension, o r term ination shall be m ade as of d a te upon w hich it cr: c c c cajcooTa 85 U s h o w n t h a t th e d is a b ility o r th e e m p lo y e h m in* creased, decreased, recurred, or ha* tem porarily or fin a lly e r a s e d , o r u p o n w h ic h i t in s h o w n th a t th e s t a tu s of any dependent baa changed; Provided, T hat as ag reem en t o r an a w ard can only be reviewed,, m odified, o r re in s ta te d d u rin g th e tins such ag re e m e n t o r aw ard 'ha* to ru n , if fo r a definite p erio d ; an d no agreem ent or aw ard shall be review ed, or modified, o r rein stated , unies* p e titio n is filed w ith th e b o ard w ith in tw o year a fte r th e d ate of the most recent paym ent of com pensation m ade p rio r to the d ate of fllin r such -p etitio n . W here com pensation has been suspended be' cause the em ploye's earn in g s are equal to o r in excess o f his w ages p rio r to the d isability p aym ents u nder th e agreem ent o r aw ard m ay he resum ed a t a n y tim e d u rin g th e period fo r w hieh com pensation fo r partial d isab ility is p ay ab le, unless it be show n th at th e loss of earnings d o rs n o t resu lt from th e disability due to the exposure. The board o r referee to whom any such petition baa been assigned m ay tQ bpoena w itnesses, h e s r evidence, m ake findings o f fact, and aw ard, o r disallow com pen satio n in th e sam e m an n er and w ith th e sam e effect and abject to th e sam e r ig h t o f appeal, a* if such p etitio n w ere an o rig in al claim petition. - - T he filing o f a p etitio n to term in ate o r m odify a - com pensation ag reem en t o r aw ard aa p ro v id ed in th ii "eetton shall o p erate as a supersedeas, and shall sus pend the p a y m e n t o f com pensation fixed in th e ag ree m en t or by the aw ard , in w hole or to such ex ten t aa the fact* alleged in the petitio n w ould, if proved, require. S e c tio n 414. 'W h e n e v e r a c la im p e titio n o r o th e r p etitio n is p resen ted to the board, th e board shall, by ;.general ru les or special order, eith er d irect it to be heard by one o r m ore m em ber* of th e board or assign it to a referee for h earin g : Provided, how ever, T hat peti tio n s p resen ted u n d er sections four h u n d red and eleven and fo u r h u n d red and tw elve shall be heard by one or m ore m em bers of the board. " The d epartm ent shall serve upon each adverse party a copy of tjje p etitio n , tog eth er w ith a notiee th a t such petition w ill be hard by the board o r th e referee to whom it has b ren assigned (giving his nam e and ad d ress), as the cM f m ay be. and, if the petition shall have been assigned to a referee, shall mail the original p etitio n to su rh referee, together w ith copies of the notices served upon the adverse parties. flection 415. A t any tim e before an aw ard o r d isal low ance of rom pensation or order h at been m ade by a Be 003060 86 w f w to whom a petition ha bem lu i^ n fd , the board m ay order ueh petition heard before it or one o r more o f ita m e m b e r o r m a y r e a l i g n St to a n y o th e r re fe re e . Unle* the b o ard ahall otherw ise ord er, th e testim o n y ta k e n b efo re th e o rig in al referee ahall be considered aa though ta k e n b efo re th e . b oard o r su b stitu te d referee. BootJon 416. W ith in tw e n ty d ay s a fte r m eopy of any petition has been served upon any ad v en e p arty , he m a y file w ith th e s e c re ta ry of th e b oard if th e p e ti tion haa been directed to be heard by the board, o r w ith the referee if the petition haa been assigned to a referee, on answ er in the form prescribed by the board. B eery fe e t alleged in a claim petition not specifically denied by a n an sw er to filed by an adverse p a rty ahall be deem ed to be adm itted b j him . B nt the failu re of a n y a d v e n e p a r t y , o r o f all o f th e m , to d e n y a fa c t mo alleged shall n o t preclude the board or referee before w hom the p e titio n is b eard from re q u irin g , o f its o r his ow n m otion, proof of each fact. Section 417. Aa soon as may be after the tw elfth day a fte r notice th a t a petition haa been directed to be heard by the board baa been served upon the adverse p a rtie s th e re to , th e b oard ahall fix a tim e and place fo r bearing th e petition. If a petition be assigned to a referee, he ah all, as soon as p racticab le th e re a fte r, fix a tim e and a place fo r bearing the petition. The seere- _ tary of the b o ard , if the petition has been directed to be h eard by th e board o r b y one or m ore of Ita m em bers, o r th e referee to w hom th e petition haa been asaipcned, hall serve u p o n all p arties in in te re st a notiee o f the tim e and p lace of h earing, and shall serve upon th e petitioner s copy of soy answ er of any adverse p arty . n - r : ; : Soctioa 418. T he b o ard , if a p etitio n is d ire c te d to be heard by it o r b y one or m ore of ita m em bers, o r th e referee to w hom a p etitio n is assigned for h ra rin g m ay tubpoena w itnesses, o rder the production of books and o th e r w ritin g s, and h e a r evidence, and shall m ak e, in w ritin g and ai*oon as m ay be a fte r the conclusion of the hearing, such findings of fact, conclusions of law , and aw ard o r disallow ance of com pensation, nr oth er order, aa the p etitio n and answ ers and the evidence p ro duced b efo re It o r him and the provisions o f th is a c t shall, in its o r his ju dgm ent, req u ire. The findings of fact m ade by the board in any petition heard by it or by one or m ore of ita m embers or upon a hearing de novo shall be final, except aa h erein after prov id rd . and the findings of fact made by a referee to whom a peti- C, ( ( C o co CO o s* o --I. . 87 tie s k u b w n assigned or any question of foot k u been referred u nder the provisions of section four hundred and nineteen shall be final, unless an appeal is tak en sa provided in this set,' o r nnlesa the board shall, nnder the provisions of seetions four hundred and tw entyfive o r fo u r h u ndred a n d tw enty-six o f this article, gran t a hearing dc novo o r a rehearing. Section 419. The b o ard m ay refer any question of faet arising nnder any petition, including a petition fo r com m utation heard by it, to a referee to h e a r evi dence and re p o rt to th e board the testim ony taken before him o r sueh testim o n y an d findings o f faeta thereon as the board stay order. Tbe board m ay refer any question o f faet ariiin g ont of any petition assigned to a referee, to any e th e r referee to hear evidence and rep o rt the testim ony so taken thereon to the original referee. 8 ac tion 430. T he b o a rd o r a re fe re e , if It o r b e deem it necessary, m ay, of its o r bis ow n motion, either before, during or after any bearing, m aks an investi gation of th e faeta act fo rth in the petition nr answeT. The board o r referee w ith the consent of the board, may appoint one or m ore im partial physicians o r sur geons to exam ine the claim ant and rep o rt thereon, or he m ay em ploy the aervieee of raeh o ther experts as shall appear neeeeaary to ascertain the faeta. The re po rt of any physician, surgeon, or expert appointed by the b o ard o r b y a referee shall be filed w ith th e board or referee, ns the esse may be, and shall be a p art of the record and open to inspection as sueh. ..... - T he b o ard sh a ll fix th e com pensation of such ph y si cians, surgeons, and experts, w hich, when so fixed, hall be p aid o n t of th e sum a p p ro p ria te d to tb e D e p artm en t of Lmbor and In d u stry . T h e sum o f fifty th o u sa n d d o lla rs (850,000) la h e re b y appropriated to the D epartm ent of Labor and Industry fo r com pensation payable by the Commonwealth nnder the provisions of this aeetion fo r th e bienninm one thousand nine hnndred and fifty-five one thousand nine hnndred and fifty-seven. , flection **1 AU h earin g s b efo re tb e board o r o n t nr m ore mem bers thereof, or before a referee, shall b t public. -- , Section 433. The board, ite members and tbe ref.erees shall n o t be bound by the technical rales of evidence in eondneling hearings and investigation!, b n t all findings of fa c t shall be baaed only upon suffi cient. com petent evidence to jnatlfy them . 003071 s. : . * '; nLx ' PR If in v p a rty o r w itness reside* outside of the Com m o n w e a lth . o r th r o u g h illiir** o r o th e r e a u a r I* u n a b le to testify before the board o r a referee, his o r her testim ony or deposition m ay he taken, w ithin or w ith- vOut th is C om m onw ealth, in sueh m anner and in such form as th e hoard m ay. by speeial o rder or general . i - . .r u l e , p re s c rib e . T h e rerir<l<. k e p t b y a h o sp ita l o f th e m e d ic a l o r s o r r i e s t tr e s in ie n l f i v r n to a n e m p lo y e In an eh h o sp ital, shall he adm issible as evidence o f the m edical and surgical m atters stated therein, but shall n o t be conclusive proof of sueh m atter. W here a n y claim for com pensation at issue befo re a re fe re e in v o lv e flee w eeks o r Ies o f d isa b ility , e ith e r th e em ploye o r th e em ployer m ay subm it a certificate _ . _ .... b y an y q u alified p h y sician as to th e h is to ry , e x a m in a tio n , tre a tm e n t, diagnosis and eaose of the condition, a n d the statem en ts shall be adm issible as evidence of m edical and surgical m atters therein stated, but sueh statem en ts an d ce rtio ra te s shall not be adm issible in . a n y subsequent proceeding*. " W here an em ployer ha* furnished ro rg tcal and m edi c al services o r hosp italizatio n In accordance w ith the a J provisions of subsection (f) of section 305, or w here th e emplo}*e h a s him self p ro c u re d them , th e em ployer o r em ploye sh all, upon request, in an y pen d in g p ro ceeding be fam ish ed w ith or have m ade available a tru e and com plete record of the m edical and surgical services a n d h o sp ita l tre a tm e n t, in c lu d in g X rmyt. la bo- - rm tory te sts, an d all oth er m edical and surg ical d a ta in .th e possession o r u nder the control of th e p arty ro- q n ested to fu rn ish o r mmke av ailab le auch d ata . LL_- i . cc. tt. v <> -- -n.. . S ectio n 423. A n y p a rty In in te re st m ay . w ith in , t w e n t y d a y s a f t e r n o tic e o f s r e f e r e e 's a w a r d o r dis* a llo w a n c e o f c o m p e n s a tio n sh a ll h a r e b e e n e rre d u p o n him , take an ap peal to the board on the g ro u n d : o ( 1 ) th a t t h e a w a r d o r d is a llo w a n c e o f ro m p e n s a tio n la - ' " *-`* n o t in c o n f o r m it y w ith th e l e r m i o f th is a c t, o r t h a t th e referee eom m itted any other e rro r of law - (2) th a t th e finding* of fa e t and aw ard o r disallow ance of com* p en sat ion w a s u n w a rra n te d by aoflReient. co m p e te n t evidence, o r wa* procured h r fran d . coercion, or o th er im p ro p er eo nduet of any p arty in in terest. The b oard iV ' *y. upon cause show n, extend the tim e provided m th is article for ta k in g auch appeal o r fo r th e filing of an answ er or o th e r pleading. In any su ch ap p eal the hoard m ay d isreg ard the find ing* of fa rt of the referee, and m ay exam ine the te s ti m o n y ta k e n b efo re *Urh referee, a n d if it deem p ro p e r - m a r hear o th er evidence, and m ay su b stitu te for the finding* o f th e re fe re e su ch finding* o f fa c t a* the ev i- r c f c I c t o o CO o -sj to I .% - CD D D ~ 69 denee taken before the referee and the hoard. m here in b efo re provided. m ay. in the judgm ent of th e board, rn iu ire . and m ay m ake m irh diullow jtnr-c o r aw ard of com pensation n r o th r r o rd e r as th e f a d s so fo u n d ed b.r it m ay require. '* r * * m . ..... B octlos 434. T T hrnerer an appeal shall be based upon an altered erro r of la ir, it shall be the d u ty of th e board to g ra n t a h ra rin g th ereo n . T he b o ard hall fix a tim e and p la c e fo r auch h e a rin g , an d sh a ll serve n otice thereof on all p arties in in terest. As soon as m ay be after such h rarin g . the board shall e it h e r s u s ta in o r r e v e r s e th e r e f e r e e 'a a w a r d o r d is a l low ance o f com pensation, o r m ake an rh m odifies lion thereof as it shall drera proper. Section 435. "W henever an appeal ahall be tak en on th e g ro u n d th a t th e re f e r e e 's a w a r d o r d is a llo w a n c e of com pensation u u n w arran ted by th e evidence, o r be cause of fraud, coercion, o r o th er im proper eondoct by any p a rty in in terest, th e board m ay, in its discretion, g ran t a hearing d r novo before the board o r one o r m ore of its m em bers, o r assign the petition for reh ear ing to an y re feree designated by it, o r su stain the r e f e r e e 's a w a rd o r d ix a llo w a n e e o f c o m p e n s a tio n . I f th e b o a rd shall g ra n t a h e a rin g de nov o , it shall fix a tim e and place th e re fo r and n o tify all p a rtie s in in te re st. A t soon as m ay be a fte r any h e a rin r de novo by the b o a rd , it shall in w ritin g sta te its fin d in rs o f fa e t. and aw ard or disallow com pensation in accordance w ith the provisions of th is act. Section 426. The board, upon petition of any p arty and upon enune show n, at any tim e before th e co u rt of co m m o n plea o f a n y e o o n ty oT th is C o m m o n w e a lth , o th e r th an A llegheny C ounty, and in A llegheny C ounty b efo re the. c o u n ty co u rt o f A lleg h en y C o u n ty , to w h ieh an appeal has been tak rn tinder th e provisions of sec tion four hundred and tw enty-seven of this article shsll h av e ta k rn Anal action th ereon, m sy g ran t a reh earin g of any petition upon w hich th e board has m ade an aw ard nr diasllow snee of rnm penaalion or o th er order o r ru lin g , or upo n w hich the board has sustained or reversed any action of a referee; but sueh rehearing shall not b e.g ran ted more than eighteen m onlha after the board has m ade such aw ard , disallow ance, o r order o r ruling, or has sustained or reversed any action of the rrfrre r. If the board shall g ran t a rrh ra rin g of a n y p e titio n fr o m th e h o a r d 's a c tio n o n w h ic h a n a p . peal h as been ta k r n to ao d is p en d in g in th e c o u rt of -a*v. U M H r * f i B i i l . M i m t M a r XT. 1 * 0 . P a a f a U | TO Si: au-fh-if Ciiy--a** ad )*. i n . maw iu * iu . $c 003073 do com m on p ira* o r In tliv m u n i r c o u rt o f A llegheny C ounty, a* the n v m ay be. under the provisions of arctinn fo u r hundred and tw enty-seven of this artiele, th e board shall file in neh c o u rt a certi fled copy of iU o r d e r g r a n t in g eh r e h e a r in g , a n d it a h a lt th e re u p o n be the d u ty of such court to canne the record o f the ease to be rem itted to the board : P rovided, how ever, T h a t n o th in g e o o Laned in th in se c tio n ah a II lim it o r m itric i the rig h t of the board, o r a referee designated by the board, to review , m odify, set aside, reinstate, an spend, o r term inate, aa original o r supplem ental agreem ent, or an aw ard in accordance w ith the pro. visions o f section fo u r hundred and th irteen of this artiele. '* ' * ' .?r -? *. Eactiim 427. A ny p a rty m ay appeal from any action of th e b o ard on m atter of law to the co u rt of com m on p le a t o f th e c o u n ty in w hich th e em ploye w as la st em ployed p rio r to h it disability or d e a th o r o f the county in w hich the ad v erse p a rty resides o r has a perm anent place of business, or. b y agreem ent of the p arties, lo the eo u rt of comm on pleas of any oth er county of this C om m onw ealth: Provided, T h at no such appeal shall be tak en to the court of com m on pleas of A llegheny C ou n ty , but in A llegheny C o u n ty all such appeals shall be tak en to th r eonnty court of A llegheny C ounty, w hich shall have exclusive ju risdiction of such appeals. Rurh appeal m ust in all eases be b rought w ithin tw en ty days a fte r notice of the action of the board has been oerred upon such p arty , on le u any court o f com m on pies* o r the county eourt of A llegheny Count}*, as th r ea se m ay b e, to w hich a n ap p eal lies shall, upon cause show n, extend the tim e herein p ro vided for tak in g the appeal. The pirtj* taking the appeal shall, at the tim e of taking the appeal, serre upon th r a d r r r s r p a rty a w ritten noliee th ereo f, settin g fo rth th e d a te o f th e ap p e a l and th e c o u rt io w hich th e sam e * file d , a n d s h a ll filr. e ith e r w ith h is n o tic e of appeal, or w ithin th irty days thereafter, such exceptlons (n the action of the hoard aa he m ay desire to ta k e , and shall specify th e findings of fa e t. if any, of the board, o r of the referee sustained by the board, w h ieh he allege to be u n su p p o rted by sufficient, com petent evidence*. TTpon filin g o f th e n o tic e o f a n a p p e a l, th e p ro th o n o ta ry of the eourt of common picas or the e lrrk of the county court of A lleghrny C ounty, as the ease m ay be, to which th r appeal has hern tak en shall issue a w rit of certio rari, d irected to the board, com m anding it, w ithin trn days a ftrr serv ire thereof, to certify to such court Its e n tire reco rd in the m a tte r in w hich th e ap p eal has been taken. The w rit so iasurd shall be m ailed by the C C c c ( ( c 003074 91 p ro th o n o tiiy c r the clerk of th e county court of A lle gheny C ounty, ir the ease m ay be, to the d epartm ent a t H arrisburg, together w ith a copy of the exception. The^ board hall, w ith in ten days a fte r such service, c e r t if y to su c h r o u r t its* e n tire re c o rd in th e m a t t e r In which the appeal h as been tak en , including th e notes of testim ony. ? A n y court b efo re w hich an ap p eal ia p e n d in g fro m any action of the board, may rem it th e record to the board fo r m ore apeeifie findings of fa c t if th e findings of the board o r referee or of the m edical board arc not, in ita opinion, sufficient to enable it to decide the ques tio n o f law raised b y th e appeal. If the eourt of common pleas o r the county co u rt of A llegheny C ounty, as th e ease m ay he, shall affirm an aw ard or order of the board o r of a referee, sustained by th e board, fixing the com pensation payable u n d e r this act, the eourt shall enter judgm ent fo r the total am ount stated by the aw ard o r o rder' to be payable, w hether then due and accrued o r payable In fu tu re Instalm ents. If such cou rt shall sustain the app ellan t's exceptions to a finding o r findings of faet and rcTcrse the action of the board founded thereon, th e court ahull rem it th e record to the board fo r fu rth e r h earin g and determ ination, in which th e procednre shall be the sam e as th a t hereinbefore p ro v id ed In th is a rtic le In the esse of a p etitio n presented to th e b o ard , except th a t th e testim ony ta k e n in th e o rig in al proceedings shall be considered aa though taken in such fu rth e r hearing. The prothonotary of any court of common pleas or the clerk of the county court o f A llegheny C ounty, as the case m ay be, to w hich an appeal has been tak en from the board, shall send to the board a certificate of the ju d g m en t of the co o rt as soon as rendered, w ith a copy of any opinion w hich m ay be filed in the ease, and, w ith in five d ay s, sh all g ire notice o f such ju d g m e n t and the date thereof, by registered mail to eaeh a t to rn ey a t law a p p e a rin g in th e ease a t th e ad d ress g iv en % th e a tto rn e y in th r p lead in g s, a n d . if no a tto rn e y e a t law has appeared, b y registered m ail to th e p a rty o r parties not represented by counsel. A t the end of the period hereinafter allowed fo r an appeal from the ju d g m ent of the court, the record of the board shall be rem itted to it by th e 'p ro th o n o ta ry o r the clerk of the county ro u rt of A llegheny County, as the ease m ay be, u n less a n a p p e a l sh a ll Kstc been ta k e n to th e S u p e r io r Court as hereinafter provided. If such appeal shall be taken, the rrco rd shall be rem itted to th r board by the p r o th o n o ta r y o r th e c lr r k if th e ro u n ty e o u r t o f A lle gheny C ounty, aa the case may be, on its retu rn from the appellate court, - * GiOCOO I 92 A n y p a r t y may* i p p r i l to th e S u p e rio r C o u r t fro m th e , judgm ent o f the court o f common pleas o r the county cou rt of A llegheny C ounty, os the cam m a r bev w ithin th irty days a fte r entry o f said judgm ent, irrespective of the am oupt involved. Sueh appeal ahatl be tak en and prosecuted in the aame m anner an d form an d w ith the . aam e e fle e t a s ia p ro v id e d la o th e r eaaea o f a p p e a l to th e S u p e rio r C o u rt, a n d th e re e o rd ao c e rtif ie d aha.11 contain all th a t waa b efo re the co u rt o f com m on plena o r the county court of A llegheny C ounty, aa the eaae m ay be. A ny appeal from the aetion of the board to a co u rt o f com m on pleaa o r th e eounty c o u rt o f A llegheny . * C ounty, aa th e caae m ay be, and from it to th e Superior . . . . C o u rt aha 11 ta k e p re c e d e n c e o v e r a ll o t h e r c iv il a e tio n a . T he ju d g m e n t of the S u p e rio r C o u rt ah a ll be final, on* lesa an appeal therefrom ia allow ed aa in th e caae of e th er judgm enta of th at conrt. U pon the rendition o f any judgm ent in the county co u rt of A llegheny C ounty hereunder, th e p arty to wfilheo min nteh *k jofufdicgem eonft thlae a wp raortdheodn osthaarlyl boef eAn tliltelgehde ntoy i C ounty, a tran scrip t from the docket o f the county c o u rt, sh o w in g th e ju d g m e n t ao r e n d e r e d , w h ic h ju d g m ent shall be entered upon the ju d g m en t index of rueh e o u n ty in th e aam e m a n n e r a n d w ith lik e effect aa kq the eaae of o th er judgm ent* rendered by the county .... c o u rt of A lleg h en y C o u n ty . It it the intention of th is aet that all appeals from . the Workmen** C om pensation B oard h ereto fo re triable tt - - . . . . in th e c o u rt o f com m on p le a s o f A lle g h e n y C o u n ty hall h ereafter be exclusively triab le in the eo u n ty court of . A llegheny C ounty, regardless of the am ount of money involved in tk f appeal. \:r ,* i' mi . .-- . Section 428. W henever the em ployer, w ho baa aeeepted and com plied w ith th e provisions of section three - h u ndred five, shall be in d efau lt in com pensation pay m ents for th irty days or m ore, the em ploye or depen d e n ts en titled to com pensation th e re u n d e r m ay file a certified copy of the agreem ent and the o rd e r of the board approving the sam e, o r of the aw ard or order, --with th e p r o th o n o ta ry o f th e c o u rt o f co m m o n p le sa of any county, and the prothonotary shall en ter the entire balance payable under the agreem ent, aw ard o r o rd er to be payable to the em ploye o r hia d ep en d en t!, aa a judgm ent against the em ployer o r o th er p a rty liable nndcr such agreem ent or aw ard. W here the com pensa tio n ao p a y a b le ia fo r a t o t a l a n d p e rm a n e n t d is a b ility , the ju d g m e n t sh all be in th e am o u n t of th ir ty th o u san d dollars less sueh am ount aa the em ployer shall have actually paid pursuant to aueh agreem ent o r aw ard. Such ju d g m en t ahall be a lien ag ain st p ro p e rty of the C C C < < 3c 00307G .93 biplover o r o th er p ir tjr liable u nder ouch agreem ent o r . iT rard, and execution m ir issue thereon forthw ith. ^ W h r r w , after d iu b iliir o r death, any employe or h k dnendrntN shall h ere entered into A com pensation agreem ent w ith an em ployer liable for com penaation un d er this te l. who has not accepted o r complied w ith th e p rovisions o f rctio n t h r r t h u n d re d Dtc, o r sh a ll file a claim petition w ith the board against aueh em ployer, .-he m a r file t certifie d copy th e re o f w ith th e p ro th o n o ta r r of the court of common pleas of a a r county. The prothonotary shall enter the am onnl stipulated in any such agreem ent o r claimed In any aueh petition aa a judgm ent against the em ployer, and w here the am ount so stipulated o r claim ed is fo r to tal disability, such judgm ent shall be in the sum of th irty thousand dollar. If the agreem ent be approved by the departm ent, o r com pensation aw arded as elaim rd in the petition, the a motint of com pensation stipulated in the agreem ent or claimed in the petition shall be a lien, as of the date w hen the agreem ent or petition v u filed w ith the prothonotary. Tending the approval of the agreem ent o r the aw ard of com pensation, no other lien which m ay be attached to the em ployer's pro p erty durin g such tim e .ahall ra in p rio rity ov er the lien of such agreem ent o r a w a rd , b u t no execution shall isftttr on an y com pensa tion judgm ent before the approval of the agreem ent o r the aw ard of com pensation on the said petition. ` If the agreem ent be disapproved, or, after hearing, compensation shall he disallowed, the em ployer m ay file, w ith the. p ro th o n o tary o f any co u n ty in w hich the p etitio n or agreem ent is on reco rd as a ju d g m e n t, a certified eopy of the disapproval of the agreem ent o r disallow ance of rom prn*tion. and it shall be th e d u ty of such p ro th o n o tary to strik e off th e ju d g m en t. If the amount o f com pensation claimed be disallow ed, but another am ount sw arded, the com pensation ju d g ment shall be a lien In the extent of the aw ard, a* of th e dale of filing the petition w ith the o ro th o n o tsry , w ith p th e sam r effect as to other lien and the aarae d isab ility to Issue execution thereon as if the com pensation claimed had been allowed. In sneh eases the prothono ta ry shall make tucli modification of the rreo rd aa shall be a p p ro p ria te . ** . ' If the compensation payable under any agreem ent or aw ard upon which judgm ent has been entered u n d er the provisions of this section shall be modified, aus. pended, reinstated, or term inated by a supplem ental agreem ent executed under the provisions of section fo u r h u n d re d an d e ig h t, or by a n aw a rd or o rd e r m a d e under the provisions of section four hundred and th ir teen, any p arty to sneh judgm ent, at any tim e a fic r o o 00 ... o w much t g m m f o t h a s b re n a p p ro v e d b y th e d e p a rtm e n t o r a fte r th e ex p iratio n o f the tim e allowed fo r an a p p e a l fro m th e a w a rd or o rd e r, m a j file w ith the p r o th o n o ta r y o f th e e o n rt o f com m on p le a s o f m>* c o u n tj in w h ic h th e jodprm ent ia on reco rd a certified eopv of roeh supplem ental arreem ent. aw ard, o r order, and it shall thereupon be the d u ty of the prothonotary to m odify, suspend, reinstate, or satisfy sueh judgm ent in accordance w ith the term s of such supplem ental agreem ent, aw ard or order. E xecution m ay issue by first filing w ith th e p rothono ta ry an affidavit th at there has been a default in pay m ents of com pensation due on any judgm ent for com pensation, entered p rio r to the approval o f the com pensation agreem ent, or an aw ard on p etition, as soon as such agreem ent shall have been approved by the departm ent, o r sueh aw ard made as evidenced by the approval o f the board of the aw ard o r by a certified copy thereof. Execution shall in all c u r be fo r the am ount of com pensation and interest thereon due and payable up to the date o f the issuance of said execution, w ith costs, and fu rth er execution m ay issue from tim e to tim e as c f u r th e r c o m p e n s a tio n sh all b e rn m r d o e a n d p a r a b le , until full am ount of the judgm ent with costs shall have actually been paid. * Section 439. If any p a rty against whom a com pen sation agreem ent, aw ard, or other order fixing the com pensation p a ra b le u n d er th is act has been filed of reco rd in a n y c o u n ty of this C om m onw ealth in acco rd ance w ith th e provisions of section four hundred and tw enty-eight of this article, or against whom judgm eot has been entered by the prothonotary of the cou rt of comm on plea o f any county on any aw ard o r o rd e r of the hoard o r a referee, shall, at any tim e, p resen t to the board receipts o r copies thereof, certified by any referee, show ing the paym ent of com pensation aa re quired by th e ag reem en t or aw ard in fa ll to th e d a te of presentation to the referee, the board shall issue a < certificate to such p a rty , in th e form prescribed, sta tin g the extent to w hich the jodgm ent on the agreem ent or a w a rd has by.cn red u ced . U pon the p re s e n ta tio n of such certificate to the prothonotary of the court of comm on pleas o f an y county in whieb such agreem ent o r a w ard has been filed of reco rd as a ju d g m e n t, o r in ( w hich ju d g m en t on an aw ard has been entered b y the p ro th o n o ta ry o f th e co u rt of com m on p leas, it sh all he the prothonotary*s d uty to m ark such judgm ent satis fied In the e x te n t of the p aym ents so certified, and, c u p o n th e p r e s e n ta tio n to sueh p ro th o n o ta ry of a c e r tificate issued by ih r board under the provisions of sc 003078 D i& r ~ . 95 se c tio n th r e e h u n d re d a n d seventeen of th is s e t. it afia.ll b r the d u tr of th e p re th N tlirjr to mark each judgm ent Colly satisfied. W*,M tMi.T S s o tto u 430. `T h e lie n o f a n y ju d g m e n t e n te re d upon an y ' aw ard shall not be divested by any appeal. If, h o w e v e r, th e p a r t y a p p e a lin g fro m th e a w a rd sh a ll file with th e b o ard a b o n d , in stich a m o u n t a n d in sueh . form aa the rnleo and regulations of the board shall direct, th e appeal shall, pending its decision, excuse th e pay m en t o f so m uch of th e com pensation a s is contested th e re in ; bat if the Anal decision on appeal shall sustain the aw ard, it shall be the doty of the em ployer by whom aneh aw ard is payable to m ake pay. m ents o f compensation as from the date of the original aw ard . I f on appeal th e aw ard is sattained as to a p a rt, it shall be the doty of the employer by whom such p a rt is payable to m ake paym ents as from the d ata of th e original aw ard. In ease the aw ard is annulled on appeal. It ahall be the d u ty of the prothonotary of any county in which sueh aw ard has been entered as a judgm ent to m ark it satisfied. Section 4SI. T he cost of the prothonotary for eater, in g the am ount o f com pensation aa provided in th is set, o r m aking a modification of the reeord, or m arking the ju d g m e n t satisfied , sh a ll be allow ed, ta x e d , a n d col* leeted a s upon a confession of judgm ent on a judgm ent a n te . r Section 433. . I t shall be the d u ty of the prothonota ry of each court of common pleas and of the Superior C ourt o f the Com m onwealth, to m ake a m onthly re p o rt to the b eard of th e disposition of all appeals ta k e n to ueh co u rt under the provisions of this article. S ec tio n 4S3. A d o e n m ra t e u file in th e d e p a rtm e n t o r w ith th e board o r any referee, o r p a rt of the reeord of any proceedings taken under A rticles III and IV of this se t ahall be approved by a copy thereof, certified by the departm ent under the seal of the departm ent, or certified b y the chairm an o f the board and attested by th e secretary of tb e board under seal of the b o ard , aa the ease m ay be. Soetlou 434. A final receipt, given by an employ o r dependent entitled to ".compensation under a com. pensation agreem ent or aw ard, ahall be prim s facie evidence of the term ination of the em ployer's liability to pay com pensation u nder sueh agreem ent or aw ard : Provided, however. That the board, or a referee desig n ated by the board, may, a t any tim e within two years 003079 I > *j - >. `. 1.4 o . . V . .. 'i . t " . . " ~ " l l* 96 fro m th e d i l p t_ w h ich partner!* b m b e e n m a d e . se t idr a Anal rf te ip t, upon petition filed w ith th e board. If it be m r lo w T f jr proved that all disability due to . th e occu p atio n al disease in fael had not te rm in ated . ABTICLE V S e c tio n 'S O I. N o elaivn o r ag reem en t f o r I f f t l oer- rie t* o r disbursem ent* in anpport of any dem and m ade o r tu it b ro u g h t u n d er the provisions of article tw o of thia a c t shall be an enforceable Hen ag ain st th e am ount to be p aid aa dam age*, o r h r valid o r b in d in g in any respect. u n lrw the sam e be approved in w ritin g by the ju d g e p re sid in g a t the tria l, or, in case of settlem ent w ithout trial, by a ju d g e of the common pleas court of th e county in w hich the aeeidrat occurred. No claim o r agreem ent for legal services o r disburse- voenU in ra p p o rt of any claim for com pensation, or m p rep arin g a n y a g rerrarn t for com pensation, u n d er ar* tid e th ree o f th is act. shall be an enforceable Ken ag ain st the am oont to be paid aa com pensation, o r b* valid o r binding in any other respect, unless the same be approved by th r board. A ny raeh claim o r agree m ent shall be filed w ith th e d ep artm en t, w hich shall, aa soon aa m ay be, notify the person b y whom th e same w as filed o f th e b o a rd 's approval or d isa p p ro v a l thereof aa the case m ay be. . . . ; \ A fte r th e ap p ro v al aa herein req u ired , if th e em p lo y er be notified in w riting of soeh claim o r agree m ent fo r legal services and disbursem ent*, th e same ``shall be a lien against any am ount th ereafter to be paid aa dam ages or com pensation: P rovided, however, ; T h a t w h e re th e e m p lo y e 's c o m p e n sa tio n 5* p a y a b le b y th e em p lo y er in p eriodical instalm ents, th e b o ard hall fix. a t th e tim e o f sp p m ra l, the p ro portion of eaeh ra- Lalmrnt to be paid on aeeoont of legs) services and disbursem ent*. and the board m ay, upon application m ade to it, com m ute the sum aw arded for Irg sl services and disbursem ents. S e c tio n S O U . A n y p e r s o n w h o oolicilM m o n e y fo r assisting a n y person fo ohfmn any benefits u n d er this ' o c t sh a ll h r g u il ty o f a m isd em ea n o r a n d u p o n co n vic tion thereof shall he rente need fo po y a fine not to exceed one th o u sa n d dollars ($]/>00) a n d cot Is o f prose- cmtion, o r to undergo im prisonm ent fo r one year, or b o th . T h is p ro v isio n sh ell no t o p p ly to a n o ffo rw ry / C lo se seho f o r a fe e has been re ta in ed b y a c l a i m a n t to S>: g ive h im leg a l a d vice and assistance vn o b ta in in g bene o ir fit . . ... ' . 8R C T 10N 2. T H IS ACT SH A LL T A K E E F F E C T IM M ED IA TELY . 80E00 o .. . : *.; V ..^ V * *`r x * "' ' : `S : * : -V V-- -v: ; v. . .: . . . * - ' *; ?, - . J : ... e ; ,,tv-A-y-. *.i! . i. * - . . * * . -V-.V;*. "i * * * ! * s ' m Beetioa M l N othing in this s e t d u ll i f f n t or im pair any rights of aetion which have aecrned before this act shall take effect. ` * *. * action 503. I f any provision e l thie act ahall he 'held by any court to be nneonetltntfonal, inch judgm ent ahall not affeet any other oeetioa o r provision of this act, except that articles two and three are hereby do' ' d ared to be iateparable and as one legislative thought, mad if either article be declared by each eoort void or Inoperative hi an essential p a rt ao th a t the whole of nch article mast fall, the other article ahall fall with it and not aland alone. Hact i on BOA The follow ing nets a r t hereby specifi cally repealed! The act, approved the oeeond day of Jnly, one thousand nine hundred thirty-seven (Pamphlet Laws, twenty-seven hundred fourteen), entitled "A supple ment to the act, approved the aeeond day of Jane, one thousand nine hundred fifteen (Pamphlet law s, seven hundred thirty-ds), entitled, as amended 'A n act de fining the liability of an employer to pay damages fo r injuries received by an employe in the conrse of cm ploym ent; establishing a system and schedule of com pensation; providing procedure for the determination . of liability and compensation thereunder; and prescrib ing penalties,' as amended and re-enacted, providing for the inclusion of occupational diseases within the scope thereof, and providing definitions, provisions, -and procedure related to such diseases; and making an appropriation.'* All ether acts and porta of seta hteonsisto.it with the . .provisions of this set. It) T tr Beetles 60S. The provisions of this set shall become effective on October first, one thousand nine hnndred and thirty-nine, eseept the provisions of section three hundred two of this set, which shall become effective 'immediately npon the final ensetment of this act. -- > A- ct No. 8.02. --A ct No. S16 Bsetion 28. The hoard, npon petition of any party and npon eame shown, a t any time before the eoort of common pleas of sn y eonnty of this Co mmon wealth . other th sn Allegheny County, sad In Allegheny County before the eonnty ro n rt of Allegheny County, to whieh an appeal has been taken tinder the provisions of sec tion four hnndred snd twenty-seven of this article shall have taken final aetion thereon, may grunt s rehearing of sny petition npon whieh the board haa made an EC 003081  ` -i. . M Award o r distU ow tace of e o n p a u tio n o r o th er o rd er r. . * o r ru ling, o r upon which the board h u m U ln r d or V* - J re v e rse d a n y a e tio n o f a re fe re e %b a t n e h re h e a r in g ' 4 ' 'ah all n o t be g ra n te d m ore th a n o n e y e a r a f t e r th e b o a rd has m ade such aw ard, dU allow anee, o r O ther o rd e r or ra tin g , o r has Detained or reversed a n y aetion o f the , referee. If the board shall grant a rehearing o f any petition from th e board's action on which a n appeal has + `been ta k e n to an d it pending In, th e e a o rt of com m on * pleaa, (o f any county o f this Com m onw ealth] o r in the county eo n rt o f A llegheny C ounty, as the ease m ay be, m d e r the provisions of section four hundred and tw c u tj- o e r e n o f th is a rtic le , th e b o a rd s h a ll file In such I court a certified eopy of its order g ran tin g such rehear ing, sa d it shall thereupon be the d u ty of such co u rt to cause th e record of the ease to be rem itted to the b o a r d : P ro v id e d , h o w ev er, T h a t n o th in g c o n ta in e d In th is section shall lim it o r restrict th e rig h t of the board, o r a referee designated b y the b oard, to re-view, m odify, set aside, reinstate, suspend, or term inate, an original or supplem ental agreem ent, or an aw ard m accordance . w ith the provisions of section fo u r hundred th irteen of this article. B oetlon <T7. A ny p a rty rosy appeal fro m a n y aetio n o f the board on m atters of the law to the eourt of eo n - *. mon pleas of the county In wMeh th e aeeldent occurred o r of th e c o u n ty In w hich th e a d v e rse p a r t y re sid e s o r ha* a p m n in m t place of buiiueaa, or, by agreem ent of . the parties, to the eonrt of common plea* of any o th er ~ county o f th Com m onwealth: Provided, T hat no eueh appeal ahall be taken to the eonrt of common plrma of - A llegheny C onnty, bnt In A llegheny C ounty all sueh appeals shall be taken to the county court o f A llegheny * ? Connty, rrhich shall have elu siv e jurisdiction of such r* ~ ***** 'a p p e a ls . 8 n e h a p p eal m u tt hi aJl ca se s be b ro u g h t w ithin tw enty days a fte r notice of the action o f the board baa been served upon such p a rty , unless any eourt of comm on pleas o r the county court o f A llegheny . C ounty, as the case m ay be, to which an ap p eal lies shall, upon esuae shown, extend the tim e herein pro- r . vlded fo r tak in g the appeal. The p a rty tak in g the * appeal shall, a t the tim e of taking the appeal, serve npoo the Adverse party a w ritten notice thereof, settin g , fo rth th e date of the appeal and the c o u rt la w hich th e sam e is filrd. and ah all file, e ith e r w ith hla no tice of appeal, or w ithin th irty days thereafter, raeh exerp- .. tion to th e action of the board as he m ay d esire to ta k e , and hall pecify the findings of fact, if any, of the . r. ,., board o r of the referee sustained by the board, which be alleges to be unsupported by com petent evidence. C 3 c 003082 m 99 ITpoo filing o f th e n o tic e o f a n a p p e a l, th e p ro th o n o - ts ry of the eonrt of rom m on pleaa or the clerk of the ; com ity eonrt of A llegheny C ounty, aa the eaae m ay be, to w hich t h r appeal haa been ta k e n shall iaane a w rit e f rertio rari directed to the board, com m anding it, w ithin ten days a fte r set-rice thereof, to certify to sneh eo n rt its entire record in th e m atter in which the .-appeal baa been taken. The w rit so lam ed shall be > m ailed by the prothonotary o r th e clerk of the county . * "' eonrt of A llegheny C ounty, as the case m ay be, to the departm ent a t H arrisb n rr. together with a copy of the exceptions. The board shall, w ithin ten days a fter sneh aerriee, certify to sneh eonrt its entire record m the '..m a tte r in w hich the appeal baa been taken, including th r notrs of testim ony. A ny c o u rt before w hom an ap p eal la pending from any action of th r board m ay rem it the record to the board for more speeifie findings ef fact, if the findings o f the board or referee are not, in its opinion, sufficient to enable it to decide tbe question of law raised by the > * appeal. If the eonrt of common pleas of any county [of this Commonwealth] o r the county eourt of A llegheny . C ounty, aa the ease m ay be, shall affirm an aw a rd or ' order of tbe board o r o f a referee sustained by tbe ; .. bo ard , fixing the com pensation p ay ab le u n d e r th is se t, the court shall enter J s d g n rs l for the total am ount .. s ta te d b y th e s w a rd o r o rd e r to be p a y a b le , w h e th e r then due and accrued or payable in future instalm ents. If such eourt aball sustain the appellant's exceptions to a finding or findings of fa c t and re Terse th e aetion of the board founded thereon, the eourt shall rem it the . record to the board for fu rth er hearing and determ ina tion, in w hich the proeednre shall be tbe same as th a t ' hereinbefore presided m this article in the ease of a petition presented to the board, exeept th at the testi mony taken in the origins! proceedings shsll be con sidered as though taken in such fa rth e r hearing. The prothonotary of any court ef common pleas or th e elerk of the eounty court ef A llegheny County, as ' th e case m ay be, to w hich an appeal haa been taken ' from the board shall send to the beard a certificate o f the judgm ent o f'lh e eo n rt as soon as rendered, w ith t eepy of sn y opinion w hich m ay be filed in th e ease, and. w ithin fire days, shall give notice of ineh ju d g m ent, and the date thereof, by registered mail to each attorney-at-law appearing in the ease a t tbe address gieen by the attorney in the pleadings, and. if no altorney-at-Iaw has ap p eared , .by registered m ail to the p arty or p srtirs not represented by eounsel. A t the end of the period hereinafter allowed for an appeal csocoo ?- a -^a . 1 ' K * V, .V $ ; : < -a ;.c .,. y > ^ . . ' - i . - ^ jjy.. , : ? . , ,,: / - - ^ - j ` * :f * 100 fr e n th e judgm ent of th e court, the record of the fco*rd sh a ll be r e m itte d to St b y th e p r o th o n o ta ry or the clerk of the co u n ty co u rt of A llegheny County, at the ease m ay he, u n le u an appeal shall have been taken to the Superior C o u rt as herein after provided. If such a p p e a l ah a 11 b e ta k e n , th e re c o rd s h a ll b* re m itte d to ' the board by th e prothonotary o r the clerk of the county court of A llegheny C ounty, as the ease may be, on Its retu rn from the appellate court. A ny p a rty m ay appeal to the S uperior Coart from the judgm ent o f the c o u rt of com m on pleas o r the eoonty eourt of A llegheny C ounty w ithin thirty days after entry o f said judgm ent, irrespective of the am ount Involved. Such appeal shall be taken and p ro ieeu ted in th e aame m an n er and form and w ith the tam e effect aa is provided in o th e r cases of appeal to the Superior C o u rt, and th e reco rd so certified shall contain all th at w as before the eourt of common pleas ' o r th e eonuty e o u rt of. A llegheny C o u n ty , a t th e case m ay be. Any ap p e a l from the action o f the board to a court of comm on pleai o r the county court of A lle gheny County, as the ease m ay be and from it to the S uperior C ourt ahull ta k e precedence over all o th er eirfl actiona. T he ju d g m en t of the 8 nperi or Court ahall bo final, unless a a appeal therefrom is allowed as in the case of o th er judgm ents of th a t tribunal. Upon the ren d itio n of m judgm ent In the county curl o f A lle g h e n y C o u n ty h r r e n n d e r , th e p a r t y to w hom aueh ju d g m e n t is a w a rd e d ah all be en title d to >~1Ue in th e -o ffic e o f th e p r o t h o n o ta r y o f A lle g h e n y ;C ounty a tra n sc rip t'fro m the docket of the county . eoort, show ing th e ju d g m e n t so ren d ered , which ju d g m ent shall be c-ntered upon the judgm ent index of said e o u n ty in th e s a m e m a n n e r a n d w ith lik e effect as In the ease of o th e r ju d g m en ts rendered by the county e o u rt o f A lle g h e n y C o u n ty . ' . . " ... , t I t is the intention of th is set that all appeals from the W orkm en's C om pensation B oard heretofore triab le in the eo u rt of com m on pleas of A llegheny County shall henceforth be exclusively triab le in th e eounty co u rt of A llegheny C ounty, regardless of the am ount of money involved In th e a p p e a l. ? . ' * *.'* * *\ V - v;.c M- . ; `4. ' . - j- ..** v. < ic 003084 p .. ' *k . $3 OCCUPATIONAL DISEASE CT INDEX ,." ,.T; - * J-. V ? ' * ` 1 4 : , ' ._! B u r i a l e x p e n s e s . . . . . . . . . . . Section . 307(8) i V ' ?*** '72 : H . ; r V '.Change o f s t a t u s in d e g ree o f V" d i s a b i l i t y o f i n j u r e d employe.. . 307 40 B 413 . 70 83 84 2: VA % 'Change o f s t a t u s o f d e p e n d e n t s . ... C h i l d r e n , s c h e d u l e o f c o m p e n * . s a t i o n f o r . . . . . . . . . . 307 408 413 . 307 * " * . ,.;* ' 70 83 : K * : . 84 v .\ V *. . V V : .-{ 4 7b .Commutation o f co ap en satio n p a y m e n t s ................................................ . 307(8) 72 -Its- Department o f Labor and In d u stry , p arty in in te r e s t in any ' proceedings. . . . . . . . . 401 : f r ' - V - * 81 * SL?. Disease p e cu liar to the occupa tio n or industry . . . . . . . D isease r e s u ltin g s o le ly from . 301 \ " 58 -1 - m ilitary a ctiv ities not compensable. . . . . . . . . . . 109 1 S7 ./ c l * di* *;v * *' -D ise a s e s '. . '. . . . . . . . . . . i . 108 ' Guardian. . . :' . . . . . . . 307(8) .Im partial physician, board ' appointm ent o f . . . . . . . . . 420 v I n l o c o p a r e n t i s . . . . . . . . . . . 3 0.a7.( 8 ) 55 K $ * $ < , : . 72 ; m .* : l V . M; - Sc '.'.V 87. ' I 72 . . . D ." . Last sickness and b u r i a l . . . . . . . 306(g) 307(8) ` L e n g t h o f e m p l o y m e n t , f o r s i l i c o s i s , a n th ra c o -s illc o s is . . 301(d-e) 70 72 * ' 59 i\V *- * i >% % "' I.* < L iability .* o f C o m m o n<*w e.a.lth . . . . , . 308(a-d) ` V 73 * j.fjf6r .-Ms 2 - - T f L i a b i l i t y o f e m p l o y e r ................................ . 3 0 1 ( g ) 60 Maximum c o a p e n s a t i o n p a y m e n ts . . . . 301 58 307(8) 72 y .7 Minimum co m p e n sa tio n paym ents . . . . 307(8) 72 ;V p-'t o P a y m e n t s i n i n s t a l l m e n t s .......................... . 301 58 .i1* Presum ption d ise ase caused : by s p e c ia l hazard o f in d u stry , Silicosis, anthraco-sillcosis or asbestosis, total disability . or death only. . 301 . 301(e) _ . *.i 58 : . i* . f | 4 59 ,;'V v . :- ; >*5 . ' ifi * 003085