Document B857gyjj6M4vOeyzJGnX6v1Lm

O.D. Where an employee has received payments for the disability or medical expense resulting from a disability in the course ol his employment, paid by the employer or an insurance company on the basis that the disability was not com pensable under this act, in the event of an agreement or award for that disability, the employer or insurance company, who made the payments, shall be subrogated out of the agreement or award to the amount so paid, i( the right to subrogation is agreed to by the parties or is established at the time of hearing before the referee or the board. 'Section 320. (a) If the employee is a minor, under the age of eighteen years, employed or permitted to work in violation of any provision of the laws of this Commonwealth relating to minors of such age, compensation, either in the case of disability or death of such employee, shall be one hundred and fifty per centum of the amount that would be payable to such minor if legally em ployed. The amount by which such compensation shall exceed that provided for in case of legal employment may be referred to as "additional compensation". (b) The employer and not the insurance carrier shall be liable for the additional compensation. Any provision in an insurance policy undertaking to relieve an employer from such liability shalt be void. (c) Where death or the nature of the disability renders the amount of future payments certain, the total amount of the additional compensation, subject to discount as in the case of commutation, shall be immediately due and payable. It shall be deposited, subject to the approval of the board, in any savings bank, trust company, or life insurance company in good standing and authorised to do business in this Commonwealth. Where the amount of the future payments of compensation is uncertain, the board shall, upon the approval of the agreement or the entry of an award, determine as nearly as may be the total amount of payment to be made, and the additional compensation so calculated shall, immediately upon such deter mination, become due and payable by the employer. The amount may be redetermined by the board, and any increase shall then become due and pay able, and any excess, which shall be shown to have been paid, shall be returned to the person paying the same. Upon determination of the amount due, it shall be deposited as above provided. Payments of compensation out of deposits shall be made to the employee or dependents as payments of other compensation are made: Provided, however. That the board may, in its discretion and upon Inquiry as in cases of commutation, accelerate such pay ments. (d) The provisions of the foregoing paragraph (c) shall not apply to employers who are exempted by the department from the necessity of carrying insurance. (e) Possession of an employment certificate, duly issued and trans mitted to the employer in accordance with the provisions of the child labor law, 8ttd receipt thereof duly acknowledged by him, shall be conclusive evi dence to such employer of his legal right to employ the minor for whose , em ployment such certificate has been issued. * As amended by Act No. 286. Laws of 1941; sod by Act No. 15J, Laws of 1955, effective March 29, 1956. 123