Document DqVwKLgrxqMk08krzBOdJpaa

PENNSYLVANIA OCCUPATIONAL DISEASE ACT ACT OF JUNE 21, 1939 PAMPHLET LAW 566 AS AMENDED 1968 EFFECTIVE 1-1-69 KflEomsnBCsannB- PLAINTIFFS EXHIBIT 64 D. Pennsylvania Occupational DImu* Act Act No. 284, Jane 21, 1939. P. I>. 566, as amended. Dr fin in* tlw liability of an CTnplov,T to par damien for oecupktionsl donor rontrirtrd by aa employe arising out of and in the rourw of employment; establishing an elective schedule of compensation; providing procedure for the determination of habili-y and eompenaation thereunder; imposing dutiea on the Departmmt of Labor and Inductry. the Workmen'a Cooipcnaation Board. Workmen'a Compensation Refereea. and deana of medical schools: creating a medical board to determine con troverted mediral insure; establishing an Occupational Diaeaae Fund in cuatodv of the State WorkmenV Insurance Board; im posing upon the Commonwealth a part of the eompenaation payable for certain occupational diaeaaca; miking an appropria tion ; and prescribing penalties. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: J" ARTICLE I ZNTESrUTATlOK AND DOTNTTI0ST3 Section 101. This set shall be called and may be cited am The Pennsylvania Oeenpational Disease Act. It ahall apply to disabilities and deaths esnsed by oeenpational disease as defined in this act, resulting from employment within this Commonwealth, irrespec tive of the place where the contract of hii-mg was made, renewed, or extended, .and ahall not apply to any such disabilities and. deaths resalting from em ployment outside of the Commonwealth. Section ltd. `Wherever in this act the singular is used, the plural shall be included; and where the masculine gender is used, the feminine and neuter shall be included. Section 103. The term "employer," as used in this acl is declared to be synonymous with master, and to include natural persons, partnerships, joint-stock com panies, corporations for profit, corporations not for profit, municipal corporations, the Commonwealth, and all governEqrntal agencies created by it. Section 104. The term "employe," as sued in this set, is declared to be synonymous with servant, and includes all natural persons who perform services, except agricultural services or domestic services per formed in a private home, for another for a valuable consideration, exclusive of persons whose employment is casual in character and not in the regnlar coarse of the business of the employer, and exclusive of persons r < ( c ( i c C 003038 55 to whom *rtirl r.r material* art- irivrn out to be made op, cleaned. washed, altered, ornamented, finished, or repaired, or adapted for sale, in the wo-ker's own home, or on other premiers not under the eontrol or management of the employer. Every executive officer of a corporation elected or appointed in accordance with the charter and by-laws of the corporation, except elected officer* of the Commonwealth or any of .it* political subdivision.*, shall be an employe of the cor poration. * Section 105. The term "contractor," a* used in article two. section two hundred and three, and article three, section three hundred and two (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 service the disability occurs, but shall include a subcontractor to whom a principal contractor has sublet any part of the work which such principal contractor has undertaken. Section 108. The exercise and performance of the powers and duties of a local or other public authority shall, for the purposes of this act, be treated as the tTade or business of the authority. Section 107. The term "department," when 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 The Workmen's Compensation Board of this Common wealth. ' The term "referee," when used in this act, shall mean Workmen's Compensation Referee. , Section 108. The term "occupational disease," as used in this act, shall mean only the following diseases. (a) Poisoning by arsenic, lead, mercury, manganese, or beryllium, their preparations or compounds, in any occupation involving ''direct contact with, handling thereof, or exposure thereto. (b) Poisoning by phosphorus, its preparations or compounds, in any occupation involving direct contact with, handling thereof, or exposure thereto. (c) Poisoning by methanol, carbon bisulphide, hydro carbon distillates (naphthas and others) or halogenatcd hydro carbons, or any preparations containing these chemicals nr any of them, in any occupation involving direct contact with, handling thereof, or exposure thereto. 1 , -&c. 003039 66 (d) Poisoning by benxol. or by nitro. urnido, or amino derivatives of benxol (dinilro-brttxol. anilin, and olhrra). or their preparations or compounds, in ady occupation involving direct contact with, handling thereof, or exposure thereto. (e) Caisson disease (compressed air illness) resulting from engaging in any occupation carried on in com pressed air. (f) Radium poisoning or disability, due to radio active properties of substances or to Roentgen-ray (Xrays) in any occupation involving direct contact with, handling thereof, or exposure thereto. (g) Poisoning by, or nlreration from, chromic 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) Epitheliomatous cancer or ulerration due to tar, pitch, bitumen, mineral oil, or paraffin, or any com pound, product or residue of any of those substances, in any occupation involving direct contact with, handling thereof, or exposure thereto. (i) Infection or inflammation of the skin due to oils, entting compounds, lubricants, dust, liquids, fumes, gases, or vapor, in any occupation involving direct con tact with, handling thereof, or exposure thereto. ! (j) Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, or skins, or bodies of animals either alive or dead. - (k) Silicosis, anthraco-ailicosis or coal worker's pneu moconiosis (the latter two commonly known as miner'a asthma and hereinafter referred to as anthraro-silicosis or coal worker's pneumoconiosis) in any occupation involving direct contact with, handling of, or exposure to the dust of anthracite or bituminous coal and/or dust of silicon dioxide (SiOi). (1) Asbestosis in any occupation involving direct contact with, handling of. or exposure to the dost of asbestos. ^ ' (n) Tuberculosis, serum hepatitis or infectious hepa titis in the occupation of nursing or auxiliary services involving exposure to such disease. (n) All other occupational diseases (1) to which the claimant is exposed bv reason of his employment, and '(2) which arc peculiar to the industry or occupation, and (3) which are not common to the general popula tion. For the purposes of this clause, partial loss of hearing due to noise shall not be considered an occu pational disease. r Of'OCOO -A 67 (ol DisnsM of Ihf linirl and tunes. rnullini: in cither temporary or permanent total or partial dis. abilitv or death, after four years or more of srrvirr in fire fighting for the benefit or safety of the pubiie. caused by extreme over-exertion in times of stress or danper or by exposure to he:t*. smoke. fumes or (rases, arising directly out of the employment of any such firemen. The Commonwealth shall pay the full amount of compensation for disability under this clause. Section 109. No compensation shall be paid for any occupational disease if, during hostile attacks on the United States, disability or death of an employe results solely from military activities of the armed forces of the United States or from military activities or enemy sabotage of a foreign power. ARTICLE II DAMAOES BT ACTION AT LAW Section 201. In any action brought to recover dam ages for disability or death of an employe caused by occupational disease arising out of and iu the course of his employment, it shall not be a defense that the occu pational disease was caused in whole or in part 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 acope of their employment, including engineers, chauffeurs, miners, mine-foremen, fire-bosses, mine superintendents, plumbers, officers of vessels, and all other employes licensed by the Commonwealth or other governmental authority if the employer be al lowed by law the right of free selection of such em ployes from the class of persons thus lirensed ; and such employes shall be the agents and representatives of their employers, and their employers shall be respon sible for the acts and neglects of such employes, as in the case of other agents and employes of their employ ers; and, notwithstanding the employment of such employes, the property in and about which they are employed, and the use and oprrntion thereof, shall at all limes be under the supervision, management and control of their employers. Section 203. An employer who permits the entry upon premises occupied by him or under his control of 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 003041 % 58 employer's regular business rnlnnt'd to such employe or contractor, shall be liable to Mich laborer or assistant in the aamc manner aiul to the same extent aa to hia . own employe. Section 204. No agreement. composition, or release of damages made before the date of any disability or death resultin'! from occupational disease, except the agreement defined in article three of this act, ahall be valid or shall bar a claim for damages for such dis ability or death; and any such agreement other than that defined in article three herein, is declared to be against the public policy of this Commonwealth. The receipt of benefits from any association, society, or fond shall not bar the recovery of damages by action at law, nor the recovery of compensation under article three hereof; and any release executed in consideration of such benefits ahall be void: Provided, however. That if the employe receives unemployment compensation bene fits, such amount or amounts so received, ahall be credited as against the amount of the award made under the provisions of the Occupational Disease Act. Section 20X. Jf rtisobHit 1/ or death is compensable tinder this act, a person shall not be liable to anyone at common law or otherwise on aeeonnt of such disability or death for any act or omurton occurring while stick person teas in the same employ as the person disabled or killed, except for intentional wrong. ' t; <h. ARTICLB ni nxam compensation Section SOI. (m) When employer and employe ahall by agreement, either express or implied, as hereinafter provided, accept the provisions of article three of thia i act, compensation for disability or death of aueh em ploye, caused by occupational disease, arising out of and in the course of his employment, ahall be paid by the employer, without regard to negligence, according to the schedule contained in sections three hundred and six and three hundred and seven of this article, but-- 1. No-compensation ahall be paid when the disability or death is caused by the employe's violation of law, but the burden of proof of such fact shall be upon the employer. 2. The maximum compensation payable under this article for disability, and death resulting from silicosis, anthraco-silicosia, coal worker's pneumoconiosis, or .. asbestosls ahall not exreed the sum of twelve thousand seven hundred fifty dollars (112,750) which shall be r c < c i c B60030J2 I 59 full mid complete pnyment for nil disability. present or future. or for death from mtrli occupational rtiwws arising mil of employment liv any ami all employers in this ('ninmouwcaltli except Ilia! any employe who has ifffivMl the maximnin compensation herein or hrretofori* pavabla ahall hi- paid additional compensation in thr amount of seventy-live dollars ffi.i) per month for each mouth of total disability occurring subsequent to the month in which sm-li niaxininm compensation was received, provided that in the case of any employe who received the maximum compensation herein or heretofore payable prior to the effective date of this amending art. surh additional compensation shall com mence only with the month this amending act becomes effective. Such additional compensation which is paid to an employe who. on the effective date of this amend ing act, is receiving compensation or has theretofore received the maximum compensation prescribed, ahall be paid by the Commonwealth. Sueli additional com pensation paid to an employe who first becomes entitled to compensation subsequent to the effective date of this amending act and who exhausts tlir maximum compen sation prescribed, shall be paid front thr same source or sources and in the same manner as the prrscribed maxi mum compensation was paid. (b) The right to receive compensation under this act shall not be affectrd by the fact that a minor is employed or is permitted to be employed in violation of the laws of this Commonwealth relating to the em ployment of minors, nr'that he obtained his employment by misrepresenting his age. (e) Compensation for the occupational diseases enu merated in this act shall be paid only when such occu pational disease is peculiar to the occupation or indus try in which the employe was engaged, and not common to the general population. 'Wherever compensable dis ability or death is mentioned as a cause for compensa tion under this act, it shall mean onty compensable dis ability or death resulting frmn occupational disease and occuring wihin four years after ttie- date of his last employment in such occupation or industry. (d) Compensation for silicosis, or anthrseo-silieosis. coal worker's pneumoconiosis, and asbestosis. shall be paid only when it is shown that the employe has had an aggregate employment of at least two rears in the Commonwealth of Pennsylvania, during a period of ten years next preceding the date or disability, in an occupation having a silica, roal. or asbestos haxard. (e) Compensation shall not br payable for partial disability due to silicosis, anthraco-silicosis, coal work- 003043 I fiO fr'n piifiinmconidsis, or hIi'sIumv Com|)'nnlii>n shall bo payable. otherwise provided in this art, for total disability or death canard by silicosis. anthrsco.silicosis, coal worker's pneumoconiosis, or ulintmit, or by silicosis, anthraro-cilirosis, roal worker's pnruraoconio" sis. or asbestosis, when accompanied by active pulmonry tuberculosis. (I) If it be shown that the employe, at or immedi ately before the date of disability, was employed in any occupation or industry in mhirb the occupational dis ease is a hazard, it shall be presumed that the employe's occupational disease arose out of and in the course of his employment, bat this presumption shall not be con clusive. (it) The employer liable for the compensation pro vided by this article shall be the employer in whose employment the employe was last exposed to the hazard of the occupational disease claimed, regardless of the length of time of surh last exposure: Provided, That when a claimant alleges that disability or death was due to silicosis, snthraco-sillcosis, coal worker's pneu moconiosis. ssbestosis or any. other occupational disease which developed to the point of disablement only after an exposure of five or more years, the only employer liable shall be the last employer in whose employment the employe was last exposed to the hazard of such occupational disease during a period of six months or - more: And provided further, That in those cases where ' ' disability or death is not conclusively proven to be the P ' ' f^ult of inch last exposure, all compensation shall be paid by the Commonwealth. An exposure during a period of Iras than six months after the effective date of this act shall not be dremed an exposure. The notice of n,- disability or death and claim ahall be made to the era-- ployer who is liable under this subsection, his insurance , llr carrier, if any. and the Commonwealth. (h) Except as hereinafter provided, all compenaation payable under this article shall be payable in periodic installments, as the wages of the employe were payable before the accident. - (i) Notwithstanding any other provisions of this act, eompensntion for silicosis, anthraco-silicosis, coal worker's pneumoconiosis, and asbestos ahall be paid for each month beginning with the month this amend ing act becomes effective, or beginning with the first month of disability, whichever occurs later, at the rate of seventy-five dollars (t75) per month, to every rm. ploye totally disahlrd thereby as a result of exposure thereto, who has not therefore been compensated be cause his claim was barred by any of the time limita- <r c ( c < ( c BB BMliiWII H ocoo' r" 61 lions prrwrihoil l>y this nrt. ami shall rontinup during the period of siiih total disability. No compensation under this sort ion shall bp paiil to any pmployp who has not brrn exposed to a silica, coal, or asbpstoa hazard within thp Coninioiiwpaltli of Pennsylvania for a period of two years. Subsequent to the effective date of this amending act of 1P6!). it shall be necessary to be a resident of Pennsylvania In order to qualify for com pensation. but not to continue receiving the same after qualification. All such compensation to those whose last exposure preredes the effective date of this amend ing 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 snbsection shall be paid as provided by this act. An application for compensation under this subsec tion shall not be accepted from any person who. dur ing the preceding six months haa been determined to be ineligible hareuuder. Every application shall be accompanied by two prints of the same recent photograph of the applicant, and such other proof of identity as the board shall require. One of the prints shall 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 his report to the board. (j) Every person heretofore or hereafter qualified for additional compensation under the provisions of clause 2 of subsection (a> or subsection (i) of this sec tion shall, beginning with the month following the effective date of this amending act of 1069, or the month of qualification, whichever occurs later, be paid further compensation`of twenty-five dollars ($25) per month during the-period of disability. Such further 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 as the additional compensation pro vided in clause 2 of subsection (aV or subsection (i) of thia section, r . SECTION 2. THIS ACT SHAT,!, TAKE EFFECT IMMEDIATELY.. (kl Upon the award of any benefit! under the Fed eral Coal Mine Health and Safety Act of 1969 to a person who is also receiving or claiming monthly com pensation totally funded -by general revenues of the Commonwealth of Pennsylvania under subsections (a), (i), or (j) of section 301, sueh person shall have his monthly compensation from general revenues of the , - i gC 00304 s) 1 62 Commonwealth jtuspended effective with thr month fol lowing thf month of award of Federal benefits, as may be evidtneed by a copy of the Federal aword certificate, or effective with thn month of enactment of this amende went, whichever is later. Vpon any future action by the I'nitcd States Congress, Federal executive depart ments, or Federal courts which would make present recipients under the Pennsylvania Occupational Disease ' Art eligible for both Federal and fltate payments, the sum of which would exceed the maximum authorised Federal payment, the eligible recipients would then re ceive rrtrooctivcly Jf State payments that were sus pended under the authority of this act. All such : recipients who hare their State payments suspended shall continue their eligibility and entitlement under thr Pennsylvania Occupational Disease Art and at any time in the future for whatever reason that such re cipients'* payments under the Federal law arc termi nated, suspended or reduced their State payments shall be rrinstitutrd tfftetive with the month following the monfA Fcdrral benefits are terminated, suspended or reduced. The recipients* entitlement to weekly com pensation and the maximum .sum thereof proxdded *der clausa 2 of subsection (a) of section 301 shall remain unchanged, and no reduction shall be made in the medi cal and hospital compensation payable under subsec tion (f) of section 306 or in the burial expenses payable " t.u l\ -,Mndcr clause Q.of>srriion 307 '>r^ i;.ionn > SECTION 2. TIUR ACT SHAM. TAKE EFFECT r !MME1>1ATFJ,Y. ^ , Section 802.' (a) In every contract of hiring made ! -- r. ~r after October first, one thousand nine hundred and im.-r.u. thirty.nine, and in every contract of hiring renewed or extended by mutual consent, expressed or implied, after - said date, if aball be conclusively presumed that the parties have accepted the provisions of article three of this act, and have agreed to be bound thereby, unless the employer shall post at his plant, offiee or place of business a notier of his intention not to pay auelt com pensation or unle.w there be, at the time of the making, renewal, or eitensinn of such contract, an express state ment in writing, from either party to the other, that the provisions of article three of this act are not intended to apply, and unless a true ropy of surh posted r notice or aueh written statement, accompanied by proof of posting or proof of servicr thereof upon the other party. Betting forth under oath or affirmation the time, place, and manner of such, posting or aerviee. be filed with the department within twenty days after such posting or service. Every contract of hiring, oral, written, or implied from circumstances, now in opera- c < c L 003046 f' .> --- V 63 tion. or madr or implied on or before October first, one thousand nine hundred and thirty-ninr. shall be conclusively presumed to continue subject to the pro visions of article three hereof, unless the employer ahall on or before said date either post at his plant, office or plsce of business a notice of his intention not to pay such compensation or unless either party shall, on or before said date, in writing, hare notified the other party to such contract that the provisions of article three hereof are not intended to apply, and unless there ahall be filed with the department a true copy of such notice, together with proof of posting or service, within the time and in the manner hereinabove pre scribed: Provided, however. That the provisions of this aeetion shall not be so construed as to impair the obliga tion of any contract now in force. Such posted notice shall constitute sufficient notice to all employes SDd to the parents and guardians of all minor employes, and a certified copy of proof of posting or proof of service shall be prims facie evidence of notice. It shall not be lawful for any officer or agent of this Commonwealth, or for any county, city, borough, town, or township therein, or for any officer or agent thereof, or for any other governmental authority created by the laws of this Commonwealth, to give such notice of rejection of the provisions of this article to any employe of the Commonwealth or of such governmental agency. (b) After October first, one thousand nine hundred and thirty-nine, an employer who'permits the entry, upon premises occupied by him or under his control, of a laborer or an assistant hired by an employe or con tractor. for the performance upon such premises of a part of the employer's regular business entrusted to that employe or contractor, shall be conclusively pre sumed to have agreed to pay to such laborer or assistant compensation in accordance with the provisions of article three, unless the employer shall post at his plant, office or place of business a notice of his intention not to pay such compensation, and unless there be filed with the department within twenty days thereafter, a true copy of such nptiee. together with proof of the posting of the same, setting forth upon onth or affirma tion the time, place, and manner of such posting; and after October first, one thousand nine hundred and thirty-nine, any such laborer or assistant who shall enter upon premises occupied by oe under control of such employer, for the purpose of doing such work, ahall be conclusively presumed to hsvc agreed to accept the eom|>eiisation provided in article three, in lieu of his right of setion under article two, unless he shall have given notice in writing to the employer, at the $C 003047 raamnn 64 time of entering upon such employer'* premise* for the purpose of doing his work, of hi* intention not to accept such compensation, and unless within twenty day* thereafter there shall have been filed with the depart ment a true ropy of such notice, accompanied by proof of service thereof upon such employer, setting forth under oath or affirmation the time, place, and manner of such service. And in sueh case* where article three binds such employer and such laborer or assistant, it shall not be in effect between the intermediate em ployer or contractor and such laborer or assistant, un less otherwise expressly agreed. (c) Any notice given hereunder by an employer to his employes need not be addressed to each employe individually, but may be addressed to all employes. Proof of service of any number of statements or notices may be made in one affidavit, but such affidavit shall state the time and place of each service. Section SOS. Such agreement shall constitute an acceptance of all the provisions of article three of this act, and shall operate as a surrender by the parties thereto of their rights to any form or amount of com pensation or damages for any disability or death re sulting from occupational disease, or to any method of determination thereof, othrr than as provided in article three of this act. Such agreement shall bind the em ployer and his personal representatives, and the em ploye, bis or her wife, or husband, widow or widewer, next of kin, and other dependents. Section 304. Any agreement between employer and employe for the operation or nonoperatiou of the pro visions of article three of this act mar be terminated by the posting of notice by the employer or hy either party upon thirty days' notice to the other in writing, if a copy of such notice, with proof of posting or proof of service, be filed in the department aa provided in section three hundred and two of this article. Section 304.1 Section 301.1. The Secretary of tabor and Industry shall, scith'fn ninety (90) days after the effective date of this amendatory act, prepare a brochure of instruc tion*. setting forth the rights of an employe in the event of disability or death caused by occupational dis ease and informing Aim of the time and manner in schich claims should be filed. A copy of such brochure shall be provided each insurance company authorised to sprite insurance poticirs covering occupational diseases under this act. Sttch insurance companies shall prepare at fAeir own expense copies of said brochure for distribu tion to such insured employers. Each insurance eom- r c c c < ( c [-oeoen't 65 pony shall prepare thr brochures Inimrrllately upon receipt of the sample brochure from the Secretary of Labor ami Ineluslry in such '/uantity as required by employers for distribution to each employe. The em ployer shall distribute sorb brochurrs to each employe at the time of hirihej add to each existing emplotfe within lAtriy (30} days after the receipt of the brochure. '' Section 305. Every employer liable under (his act to pay compensation shall insure the payment of com pensation in the Slate Workmen's Insurance Fund, or in any insurance company, or mutual association or company,: authorised to insure such liability in this Commonwealth, unless such employer shall be exempted by the department from such insurance. Such insurer shall assume the employer's liability hereunder and shall be entitled to all of the employer's immunities and protection hereunder except that whenever any employer shall have purchased insurance to provide benefits under this act to persons excluded from the definition of "employe" under section 104 of this act by virtue of beinp engaged in domestic service or agriculture. neither the employer nor the insurer shall be entitled to raise the defense of such exclusion. An employer desiring to be exempt from insuring the whole or any part of liis liability for compensation shall make application to the department, . showing his .financial ability to pay such compensation, whereupon the de partment. if the applicant establishes his financial ability, shall issue to the applicant a permit authorizing such exemption.; From a refusal of the department to issue such permit an appeal shall lie to the court of common picas of Dauphin County. In any such appeal, the only question shall be whether the department abused its discretion in refusing such permit. The departraent shall establish a period of twelve calendar month*, to begin and end at such times as the departmrnt shall prescribe, which shall be known as the an nual exemption period. Unless previously revoked, all permits issued under this section xhall expire and ter minate on the last day of the annual exemption period for which they were issued. Permits issued under this act shall be renewed upon thr filing of an application. The department may;from time to time, require further statements of the financial ability of such employer, and, if at any time such employer appears no longer able to pay compensation, shall revoke its permit grant ing exemption, in which ease the employer shall im mediately subscribe to the State Workmen's Insurance Fund or insure his liability in any insurance company or mutual association or company, as aforesaid. Any employer who fails to comply with the provi sions of this section for every such failure shall, upon ; < - .... gC, 003049 66 summary conviction before any official of competent jurisdiction. be sentenced to pay a fine of not less than one hundred dollars or more than fire hundred dollars, and costs of prosecution, or imprisonment for a period of not more than six months, or both. Every day's vio lation shall constitute a separate offense. It shall be the duty of the department to enforce the provisions of this srrlion. and it shall investigate all violations that fvr. are brought to its notice and shall institute prosecutions for violations thereof. All fines recovered under the provisions of this section shall be paid to the departi ' ' ' -ment and by it paid into tbe State Treasury. Section 306. The following schedule of compensa tion is hereby established subject to tbe limitations of section 301 : (a) For total disability sixty-six and two-thirds per centum of the wages of the disabled employe as defined in section three hundred and nine, beginning after the seventh day of total disability, and payable for tbe ' r duration of total disability but the compensation shall hot be more than sixty dollars per week nor less than tbirty-five dollars per week. If at the time when dis'ability begins, the employe receives wages of 35.00 dollars per week or leas, then he shall receive ninety per centum of the wage* per week as compensation, bnt in no event lesa than twenty-two dollars per week. Nothing in this clause shall require payment of tom- '.L ,, pensstion after disability shall cease. .-() For disability partial in character (except the particular cases mentioned in clause (c)) sixty-six and *n. \ \ thirds per centum of, the difference between the ". 'wages of'the disabled employe, as defined in section three hundred and nine, and the earning power of the ......... employe thereafter; but such compensation shall not be more than forty-five dollars per week. This compen- . sation shall be paid during the period of such partial - on , , disability except as provided in clause (e) of this see, ^ .\~tion, but not more than three hundred and fifty wefks.----- Should total disability be followed by partial disability, the period of three hundred and fifty weeks shall not be reduced by the number of weeks during which com pensation was paid for total disability. The term "earn: ,ing power," aa used in this section, shall in no ease be less than Jhe weekly amount which the employe re ceives after disability begins, and in those eases in which the employe works fewer thsn five dsys per week for reasons not connected with or arising out of the disability resulting from the injury shall not be less . than five times his actusl daily wage as fixed by the day, hour, or by tbe output of the employe, and in no c Ui , instance shall an employe receiving compensation under r i c c o('ocoo r' 't . 67 . . OiU Ketion receive more in compensation end waitn combined than a fellow employe in employment aimilar to tbat in which the injured employe waa engaged at the time of disability. (c) For all disability resulting from loss or loss of the use of members resulting from occupational disease, the compensation shall be exclusively as follows: For the loss of a hand, sixty-six and two-thirds per centum of wages during one hundred and seventy-five weeks. For the loss of a forearm, sixty-six and two-thirds per centnm of wages during one hundred and ninetyfive weeks. For the loss of an arm, sixty-six and two-thirds per eentnm of wages during two hundred and fifteen weeks. For the loss of s foot, sixty-six and two-thirds per centum of wages during one hundred and fifty weeks. For the loss of a lower leg, sixty-six and two-thirds per centum of wages during one hundred and eighty weeks. For the loss of a leg, sixty-six and two-thirds per eentnm of wages during two hundred and fifteen weeks. For the loss of an eye, sixty-six and two-thirds per eentnm of wages during one hundred and fifty weeks. . For the complete loss of hearing, in both ears, sixtysix and two-thirds per eentnm of wages during one hundred and eighty weeks. For the loss of a thumb, sixty-six and two-thirds per > eentum of wages daring sixty weeks. For the loss of a first finger, eommonly called index ^ finger, sixty-six and two-thirds per eentnm of wages during thirty-five weeks. For the loss of a second finger, sixty-six and twothirds per eentnm of wages daring thirty weeks. For the loss of s third finger, sixty-six and two-thirds per eentnm of wages daring twenty weeks. For the loss of a fourth finger, commonly called little finger, sixty-six and two-thirds per eentnm of wages daring fifteen weeks. - The loss of the first phslsnge of the thnmb shall be considered the loss of the thumb. The loss of a sub stantial pert of the first phslsnge of the thumb shsll be considered the loss of-one-half of the thumb. The loss of any substantial part of the first phslsnge of a finger, or an ampntation immediately below the first phalange for the purpose of providing an optimnm surgical result, shsll be considered Joss of one-half of the finger. Any greater loss shall be considered the lota of the entire finger. The loss of one-half of the thumb, or a finger, shall be compensated at the tame rate as for the loss of a thumb B C 003051 B 68 or (ingfr but for one-half of the period provided for the Iom of a thumb or finger. "For the low of. or permanent loss of the use of. anjr tivo or more such members, not constituting total dis ability, sixty-six and two-thirds per centum of wages during the aggregate of the periods specified for each. .. For the loss of a great toe. sixty-six and two-thirds ' per centum of wages during forty weeks. For the loss of any other toe, sixty-aix and two-thirds per centum of wages during sixteen weeks. The loss of the first phalange of the great toe, or of any toe, shall be considered equivalent to tbe loss of one-half of such great toe, or other toe, and shall be compensated at the same rate as for the loss of a great toe, or other toe, but for one-half of the period provided for the loss of a great toe or other toe. -The loss of more than one phalange of a great toe, or any toe, shall be considered equivalent to tbe lota of the entire great toe or other toe. For the loss of, or permanent Iona of the nse of any two or more such members, not constituting total dis ability, sixty-six and two-thirds per centum of wages daring the aggregate of the periods specified for each. Unless the board shall otherwise determine, the loss of both hands or both arms or both feet or both legs or both eyes shall constitute total disability, to be compensated according to the provisions of clause (a). . Amputation at the wrist shsll be considered as the 'equivalent of the loss of a hand, and amputation at the ankle shall be considered as the equivalent of tbe loss `' .'-' of a foot. Amputation between the wrist and the elbow shall be considered as the loss of a forearm, and ampstation between the ankle and the knee shall be eon- sidered as the loss of a lower leg. Amputation at or above the elbow shall be considered as the loss of an r arm and amputation at or above the knee shall be i 'o? * - considered as the loss of a leg. Permanent loss of the nse of s hand, arm, foot, leg, eye, finger, or thumb, great toe or other toe, shall be considered as the equivalent of the loss of such hand, arm, foot, leg, eye, finger, or thnmb, great toe or other toe. ` ... '*>* : In addition to the payments hereinbefore provided for disabilities of the classes specified, any period of disability necessary and required as a healing period shall be compensated in accordiuice with tbe provisions of this subsection. The healing period shall end (I) when the claimant returns to employment without impairment in earnings, or (II) on the last day of the period specified in the following table, whichever is the earlier: -omr-e-.r-- Tor the loss of a hand, twenty week*. r- ( r c ( < c BC 0030 C71 fO 69 For the low of a forearm, (wpnly weeks. For the loss of an arm. twenty weeks. For the loss of a foot, twenty-five weeks. For the loss of the lower left, twenty-five weeks. For the loss of a leg, twenty-five weeks. For the loss of an eye, ten weeks. For the loss of hearing, ten weeks. For the loss of a thumb or any part thereof, ten weeks. For the loss of any other finger or any part thereof, six weeks. For the loss of a great toe or any part thereof, twelve weeks. For the loss of any other toe or any part thereof, six weeks. This compensation shall not be more than sixty dol lars per week nor less than thirty-five dollars per week: Provided. That if at the time of disability the employe receives wages of thirty-five dollars per week or less, then he shall receive ninety per centum of such wages per week as compensation, but in no event less than twenty-two dollars per week. When an employe works during the healing period, hi* wages and earning power shall be as defined in this act. and lie shall not receive more in wages and compensation combined than his wages at the time of disability as defined in section 309. Where any such injury or injuries shall require an amputation 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 amputation to the same limb prior tn the expiration of the first healing period, a new healing period shall commence for the period hereinbefore provided and no fnrther compen sation shall be payable for the first healing period. (d) Where at the time of disability, the employe incurs other disabilities, srperate from those which re sult in permanent disabilities enumerated in clause (c) of this section, the number of weeks for which compen sation is specified for the permanent disabilities shall begin at the end ot the period of temporary total dis ability which results from the other separate disability, but in that event the employe ahall not receive compen sation provided in clause (c) of this section for the specific healing period. In the event the employe incurs two or more permanent disabilities of the above enu merated classes compensable under clause (e) of this section, he shall be compensated for the largest single healing period rather than the aggregate of the healing periods. 3 c. 0030 Cl 70 (e) No compensation shall bp allowed for the first seven days after disability begins, except as provided in this clause (r' and clansr (f) of this section. If the period of disability lasts more than six weeks after disability begins, the employe shall also receive com pensation for the first seven days of disability. (f) During the first six months after disability be gins, the employer shall furnish reasonable surgical and .medical services, medicines, and supplies, as and when needed, unless the employe refuses to allow them to be furnished by the employer. The cost of such services, medicines, and supplies, shall not exreed seven hundred fifty dollars. If the employer shall, upon application made to him, refuse to furnish such services, medicines, and supplira. the employe may procure same and shall receive from the employer the reasonable cost thereof within the above limitations. In addition to the above service, medicines, and supplies, hospital treatment, services, and supplies and orthopedic appliances and prostheses, shall be furnished by the employer for the said period of six months. The board may order further medical, surgical and hospital services if it is estab lished that further care will result 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 designed for the employe's rehabilitation. The cost of such hospital treatment, service, and supplies, shall not in any ease exceed the prevailing charge in the hospital for like services to other individuals. If the employe ' shall refuse reasonable surgical, medical, and hospital services, medicines, and supplies, tendered to him by hia employer, he shall forfeit all rights to compensation for disability or any increase in his disability shown to have resulted from such refusal. 'Whenever an employe shall have suffered the loss of a limb, part of a limb, or an eye, the employer shall furnish to the employe in addition to the aforementioned surgical and medical erviees, services rendered by duly licensed practition ers of the healing arts, medicines and supplies, or arti ficial limb or eye or other prostheses of a type and kind recommended by the doctor attending such employe in connection with such injury as well as surh training as may be required in the proper use of such prostheses. The provisions of this section shall nppiy to occupa tional diseases where no loss of earning power occurs. (g) Should the employe die from some other causr than the occupational disease, the liability for compen sation shall cease. Baetion 307. In case of death resulting from occu pational disease, compensation shall be computed on the iii'" r r c C c S0C00 71 following basis, and distributed to the following per sons, subject to the limitations of section 301: 1. If there be no widow nor widower entitled to compensation, rompensation shall be paid to the guard ian of the child or ehildrrn, or if there be no guardian, to such other persons as may be designated by the board as hereinafter provided, as follows: (a) If there be one ehild. thirty-two per eentnm of wages of deceased, bat not in excess of twenty-five dol lars per week. (b) If there be two children, forty-two per eentnm of wages of deceased, bat not in excess of thirty-three dollars per week. (c) If there be three children, fifty-two per centum of wages of deceased, but not in excess of forty-one dollars per week. (d) If there be four children, sixty-two per centum of wages of deceased, but not in excess of forty-eight dollars per week. (e) If there be five children, sixty-four per eentnm of wages of deceased, but not in excess of fifty-fonr dol lars per week. (f) If there be six or more children, sixty-six and two-thirds per centum of wages of deceased, but not in excess of sixty dollars per week. 2. To the widow or widower, if there be no children, fifty-one per centum of wages, but not in excess of thirty-nine dollars per week. S. To the widow or widower, if there be one child, sixty per centum of wages, bat not in excess of fortysix dollars per week. 4. To the widow or widower.'if there be two chil dren. sixty-aix and two-thirds per centara of wages, but not in excess of fifty-four dollars per week. - 5. To the widow or widower, if there be three or more children, sixty-six and two-thirds per centum of wages, but not in excess of sixty dollars per week. 6. If there be neither widow, widower, nor children, entitled to compensation, then to the father or mother, if dependent to any extent upon the employe at the time of his death, thirty-two per centum of wages, but not in excess of twen'ty-llve dollars per week: Pro vided, however. That in the case of a minor child who has been contributing to his parents, the dependency of said parents shall be presumed: And provided fur ther, That if the father or mother was totally depen dent npon the deceased employe at the time of his death, the compensation payable to such father or mother shall be fifty-two per centum of wages, but not in excess of thirty-eight dollars per week. CS0C00 '& r' * ty , 72 7. If there be neither widow, widower, children, nor dependent parent, entitled to compensation, then to the brothers and ulsters, if actually dependent upon the decedent for support at the time of hit death, twenty-two per centum of wage* for one brother or oiater, and five per centum additional for each addi tional brother or sister, with a maximum of thirty-two per centum, such compensation to be paid to their guardian, or, if there be no guardian, to such other person as may be designated by the board, as herein after provided. 8. Whether or not there be dependents as aforesaid, the reasonable expense of burial, not exceeding seven hundred fifty dollars, whirh shall be paid by the em ployer or insurer directly to the undertaker (without deduction of any amounts theretofore paid for compen sation or for medical rxpenses). Compensation shall be payable under this section to or on account of any child, brother, or sister, only if , and while inch child, brother, or sister is under the age of eighteen. No compensation shall be payable nnder this section to a widow, unless she was living with her deceased husband at the time of his death, or was then actually dependent upon him and receiving from him a substantial portion of her support. No Compensation shall be payable nnder this section to a widower, unless he be incapable of self-support at the time of bis wife's death and be at such time dependent upon her for support. If members of decedent's household at the time of his death, the terms "child" and "children" shall include step children, adopted children, . and children to whom be stood in loco parentis, and shall include posthumous children. Should any de pendent of a deceased employe die or remarry, or .should the widower become capable of self-support, the right of snch dependent or widower to compensa tion under thim section shall cease. Provided, however, ,,That if, upon iuvestigation and hearing, it shall be as.. certamed that the widow or widower is living with a man or woman, as the case may be, in meretricious relationship and not married, or the widow living a life ol prostitution, the board may order the termina tion of compensation payable to such widow or wid ower. If thj; compensation payable under this section to any perso'n shall, for any canse, cease, the compensa tion to the remaining persona entitled thereunder shall thereafter be the same as would hare been payable to them had they been the only persons entitled to com pensation at the time of the death of the deceased. The wagea upon which death compensation aball be based shall not in any case be taken to exceed ninety r ( c L 3c> 00305G 73 dollar* per week, nor hr 1< than fifty dollar* per week. The board may. if the best interests of a child or children shall so require, at any time order and direct the compensation payable to a child or children, or to a widow or a widower, on areount of any rhild or chil dren. to be paid to the guardian of such child or chil dren, or. if there be no guardian, to such other person aa the board, as hereinafter provided, may direct. If there be no guardian or committee of any minor, dependent, or insane employe, or dependent, on whose account compensation ia payable, the amount payable on account of aucli minor, dependent, or insane employe, or dependent may he paid to any surviving parent, or to such other person as the board may order and dirret, and the board mny require any person, other than a guardian or committee, to whom it has directed rompenaation for a minor, dependent, or insane employe, or drpendent to be paid, to render, as and when it shall so order, accounts of the receipts and disbursements of aueh person, and to file with it a satisfactory bond in a sum sufficient to secure the proper application of the moneya received by such person. Section 308. (a) 'When compensation ia awarded because of disability or death caused by silicosis, anthraeo-silieosis, coal worker's pneumoconiosis, aabestosis, or any other occupational disease which developed to the point of disablement only after an .exposure of five or more years, the compensation for disability or death due to such disease shall, except as otherwise provided in subsection (g) of section 301. be paid jointly by the employer and the Commonwealth and the employer shall be 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 made from time to time to the depart ment ont of the General Fund in the State Treasury. (e) In all claims for compensation partially payable by the Commonwealth, nndrr subsection (a) of this section, the department shall be designated as a co defendant. (d) In all agreements for the payment of compensa tion and all awards, the amount payable by the cmplover and the amount payable by the Commonwealth shall be separately stated. An award against the em ployer ahail be for only the percentage of the total compensation which the employer is obligated to pay under subsection (a) of this section, not to exceed the stated percentage of thr maximum payable by the em- 'umiuimwmmfm .(.Q o e o o ^ 74 plover under section 301 fn) 2 of this net. nr if section 301 (a) 2 he inapplicable, then under section* 300 and 307 of this act. A separate award shall b<- ntatle against the f'ominonu'ealtli for the balatire of the compensation payable under said sections, which shall he payable out ' at appropriations made as aforesaid. Nothing in this > aeetion shall prohibit the Commonwealth from entering jnto agreements to pay the compensation for which it ia liable: Provided, however. That where compensa tion is payable under the provisions of subsection (a) of this section, the Commonwealth shall not enter into an agreement unless the employer is a party to the agreement: And provided further. That any such agree ment shall contain facts sufficient to entitle the claim ant to compensation and shall be accompanied by a supporting medical certificate. All auch agreement* shall be approved by the board or by a referee. Section 309. "Whenever in thia article the term . "wagea" it used, it shall be construed to mean the aver age weekly wages of the employe ascertained as follows: (a) If at the time of the disability the wages are fixed by the week, the amount so fixed shall be the average weekly wage. (b) If at the time of the disability the wages are fixed ''by the month, the average weekly wage shall be the monthly wage so fixed, multiplied by twelve and di vided by fifty-two. (e) If at the time of the disability the wages are fixed by the year, the average weekly wage shall be the yearly wage so fixed, divided by fifty-two. (d) If at the time of the disability the wages are fixed by the day, hoar, or by the output of the em-- ploye, the average weekly wage shall be the wage most -.favorable to the employe, romputed by dividing by thirteen the total wages of said employe earned in the employ of the employer in the first, second, third, or fourth period of thirteen consecutive calendar weeks in the fifty-two weeks immediately preceding the dis ability, or in case the employe receives wages monthly or semi-monthly, by dividing by thirteen the total wages of said employe earned in the employ of the employer in the first, second, third, or fourth period of three consecutive calendar months in the year immediately preceding the disability. If the employe has been in the employ of employer less than thirteen calendar works, (or three calendar months if the employe receives wages monthly, or semi monthly) immediately prereding the disabili'y. his ` average weekly wage shall be computed under the 1m m i'i--Hmwwi c ( ( c < < CO C 00305 75 foregoing paragraph, taking "total wkm" for such purpose to be the amount hr would have earnrd had hr brrn so rmplovrd by rniployrr Ihr full thirteen calendar week* (or threr calendar month*) imme diately preceding the disability, and had worked when work was available to othrr employe* in a similar occupation, unless it be conclusively shown that, by reason of exceptional causes, such method of computation does not ascertain fairly the "total wages" of the employe so employed leas than thirteen calendar weeks (or three calendar montha). (e) In occupations which are exclusively seasonal, and therefore cannot be carried on throughout the year, the average weekly wage shall be taken to be onefiftieth of the total wages which the employe has earned from all occupations during the twelve calendar months , immediately preceding the disability, unless it be shown that during such year, by rrason of exceptional causes, such method of computation does not ascertain fairly the earnings of the^employe, in which case the period for calculation shall be extended so far as to give a basis for the fair ascertainment of hit average weekly earnings. The terras "average weekly wage" and "total wages," as used in this section, shall include board and lodging received from the employer, and when so received, the board shall be rated at two dollars per day if more than one meal is served, and one dollar per day if only one meal is served, and lodging shall be rated at one dollar and fifty cents per day. In employments in which employes customarily receive not less than onethird of their remuneration in tips or gratuities not paid by the employer, gratuities shall be added to the wages received at the rate of two dollars per day; but such terms shall not include amounts deducted by the employer under the contract of hiring for labor furnished, or paid for by the employer, and necessary for the performance of such contract by the employe; nor shall such terms include deductions from wages due the employer for rent, and supplies necessary for the employe's use in the performance of his labor. "Where the employe is working under concurrent eontrerts with two or more employers, and the de fendant employer 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), (c), (d), and (e) of this section the amount determined is less than if com puted as follows, this computation shall apply, vis: divide the total wages earnrd by the employe during o o CO o cn CO 76 the last two completed calendar quarters with the umr employer hy the number of daya he worked for such employer during such period multiplied by five. The weekly wage upou which compensation shall be computed, shall be the wage earned by the employe in ' his last employment in'the occupation or industry in" which the occupational disease is a hazard. Section 510. Alien widows, 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 payable if they were residents of the United States; Provided, That 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 widowers, brothers and sisters who are not rrsi- dents of the United States shall not be entitled to receive any compensation.. In no event shall any non resident alien widow or parent be entitled to com pensation in the absence of proof that the alien widow or parent baa actually been receiving a substantial portion of his or her support from the decedent. Where transmission of funds in payment of any such compen sation is prohibited by any law of the Commonwealth or of the United States to residents of such foreign i country, then no compensation shall accrue or be pay able while such prohibition remains in effect and, unless such prohibition is removed within six years from the date of death, all obligation to pay cotnpentuu e sation under this section shall be forever extinguished. 1' ' . 1 In every instance where an award is made to alien widows, children or parents, not residents in the United 8tales, the referee or the board shall, in the award, . fix the amonnt of any fee allowed to any person for services in connection with presenting the claim, and it shall be a misdemeanor punishable by a fine of not more than five hundred dollars or imprisonment for not more than six months, or both, to accept any re muneration for the services other than that provided by the referee or board. Beet!on SIX. .Unless the employe or someone in his behalf, or some of the dependents or someone in their behalf, shall give notice of disability to the employer liable for compensation nnder this article, within twenty-one days after compensable disability begins, no compensation shall be dne nntil such notice be given, and unless such notice be given within one hun dred and twenty days after the beginning of com pensable disability no compensation shall be allowed. r C C c c 003060 0 77 Section 312. The notice referred to in section three hundred mid eleven shall inform the employer that a certain employe became disabled a* a result of the oceupationr.l disease, described in ordinary laniruaire, in the course of his employment on or about a specified time. ...... Bection 313. The notice referred to in sections three hundred and eleven and three hundred and twelve may be Riven to the immediate, or other superior of the employe, to the employer, or any airenl of the employer regularly employed at the place of employment of the disabled employe................ ,, Section 314. At any time after disability begins, the employe must submit himself for examination, at some reasonable time and place, to a physician or phy sicians legally authorized to practice under the laws of such place, who shall be selected and paid by the em ployer, or the Commonwealth, and the report of the examination of the physician, with his testimony, shnll be made a part of the record before a claim for disability shall be allowed by the referee of the board: Provided, That in the case where there has been an examination by a physician selected and paid for by the Common wealth, there shall be, in addition an examination by an independent physician selected and paid for by the employer, who shall file m report and testify and who shall not be allowed tinder any circumstances to sdopt the report or the testimony or the examinstion of the physician of any other party. If the employe shall re fuse to submit to the examination by the physician or physicians selected by the employer or the Common wealth- the board shall order the employe to submit to an examination at a time and plare set by it and by the physician or physicians selected and paid by the employer or the Commonwealth, or by a physician or physicians designated by it and paid by the employer or the Commonwealth. The board may at any time after such first examination order the employe to submit himself to such further examinations aa it shall deem rea sonable and necessary, at such times and places and by such physicians as it may designate; and, in such case, the employer or the Commonwealth shall pay the fees and expenses of the examining physician or physicians, and the reasonable traveling expenses and loss of wages incurred by the employe in order to submit himself to such examination. The refnsal or neglect, without rea sonable cause or excuse, of the employe to submit to such examination ordered by the board, either before or after an agreement or award, shall deprive him of 3 c 003C61 wmm I m 78 til*" rtffIII to compensatimi under this nrticle, during the continuance of such refusal or neglect, and 11>* period of such neglect or refusal shall be deducted from Mir period during which roniprtisHtiou would otherwise br payable. The employe shall Hr rntillrd lo hare a phynirian or i. physieiana of His own srlrrtion. lo br paid by him. par ticipate in any examination ordered bv the board. Section SIS. In cases of disability all claims for compensation shall be forever barred, unless, within sixteen mouths after compensable disability begins, the parties shall have agreed upon the eompensation pay able under this article, or unless, within sixteen months after compensable disability begins, one of the parties shall have (lied a petitiontas provided in article four hereof. In eases of death all elaima for compensation ahalt be forever barred, unless, within sixteen months after the death, the parties shall have agreed-upon the compensation payable under this article, or unless, within sixteen months after thr death.one of the parties shall have filed a petition as provided in article four hereof. Where, however, payments of eompensation have been made in any case, said limitations shnll not take effect until the expiration of sixteen months from the time of the making of the most recent payment made prior to the date of filing such petition. In eases of total disability from silicosis, anthraeosilicosis, coal worker's pneumoconiosis, and asbestosis where the claim ia allowed, compensation shall be pay able and commence as of the date the claim is filed. Section 316. The compensation contemplated by this article may at any time be commuted by the board, at U: ..its then value when discounted at five per centum cw.v:interest,, with annual rests, upon application of either party, with due notice to the other, if it appear that such commutation will be for the best interest of the employe or the dependents of the deceased employe, and that it will avoid undue expense or undue hardship to ritlier party, or that such employe or dependent has removed or is abont to remove from the ITnited States, or that the ertiployer has sold or otherwise disposed of the whole or the greater part of his business or assets: Provided, however, Thnt unless the employer agrees to make such commutation, the board may rrquire the employe or the dependents of the deceased employe to furnish proper indemnity safeguarding the employer'a rights. r c ( c < t c% 003062 wmmsrmtmntam nKJKLmiiM until 7! Section 317. At any lime after the approval of an apr<*rni(*nt or after the entry of tin* award, a sum equal to all future instalments of t-<uu|ii-usnthm may (where death or tlir nature nt tin- disability renders the amount of future payment* certain). with the approval of the board, he paid lv the employer to any savings bank, trust company, or life insueiinre company, in good standing and authorised to do business in this Common wealth. and such aum. together with all interest there on, shall thereafter be held in trust for the employe or the dependents of the employe, who shall have no further recourse against the employer. The payment of sueh sunt by the employer, evidenced by the receipt of the trustee noted upon the prothonotary'a docket, shall operate as a satisfaction of said award as to the employer. Payments front said fund ahall be made by the trustee in the same amounts and at the same period* as are herein required of the employer, until aaid fund and interest shnll be exhausted. In the appointment of the trustee preference shall be given, in the discretion nf the hoard, to the choice of the employe or the dependents of the deceased employe. Should, however, there remain any unexpended balance of any fund after the payment of all sums due under this act. such balance shall lie repaid to the employer who made the original payment, or to his legal repre sentatives. Section 318. The right of compensation granted by this article shall have the same preference (without limit of amount! against the assets of an employer, liable for ", such compensation, as is now dr may hereafter be al- " ' lowed by law for a claim for unpaid wages for labor: Provided, however. That no claim for compensation ahall have priority over any judgment, mortgage, or conveyance of land recorded prior to the filing of the petition, award, or agreement as to compensation in the office of fhe prothouotary of the county ih which the land is situated. Claims for payments due under this article of this act and compensation payments made by J virtue thereof shnll not be assignable, and (except as provided in section three hundred and nineteen of arti cle three and section five hundred and one of article five hereof) ahall be exempt from all claims of credi tors, and from levy, execution, or attachment, which exemption may not be waived. "'V Section 319. Where the compensable disability is caused in whole or in part by the act or omission of a third party, the employer shall be subrogated to the right of the employe, his personal representative, his estate or his dependents, against such third party for 30 00306 80 the balance of any sum recovered in litigation, or paid in compromise settlement, after subtraction of reason able attorney's fees and other proper disbursements, but only to the extent of the compensation payable under this article by the employer. Any recovery against such third person in exeess of the compensa tion theretofore paid by the employer shatl be paid forthwith to the employe or to the dependents, and shall be treated as an advance payment by the em ployer on account of any future installments of com pensation. Where an employe has 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 insurance company, on the basis that the dis- ability was not compensable 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, if the right to subroga tion is sgreed to by the psrties or is established at the - time of hearing before the referee or the board. (lection StO. (a) If the employe 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, com pensation, either in the case of disability or death of such employe, shall be one hundred and fifty per centum of the amount that would be payable to such minor if legally employed. The amount by which such compen sation shall exceed that provided for in case of legal employment may be referred to as "additional com pensation." (b) The employer and not the insurance carrier shall be liable for the additional compensation. Any provi sion in an insurance policy undertaking to relieve an - employer from such liability shall be void. (c) Where death or the nature of the disability ren ders the amount of future payments certain, the total amount of the additional compensation, subject to dis count as in the case of commutation, shall be immedi ately due and payable. It shall be deposited, subject to the approval of thr board, in any savings bank, trust company, or life insurance company in good standing and authorised to do business in this Commonwealth. Where thr amount of the future payments of com pensation is uncertain, thr board shall, upon the ap proval of the agreement or the entry of an award, determine as nearly as may be the total amount of pay ment to be made, and the additional compensation so r c c c ( < c -gp 0030G4 mmm \ i ii  ' ~~^i 81 calculated shall. immediately upon such determination, become due am) payable bv the employer. Tile amount may be redetermined by the board, and any increase shall then heroine due and payable, and any excess, which shall be shown to have been paid, shall be returned to the person paying the same. Upon deter mination of the amount due. it shall be deposited as above provided. Payments of compensation out of de posits shall be made to the employe or dependents as payments of other compensation are made: Provided, however. That the board mar, in its discretion and upon inquiry as in cases of eommutation, accelerate such payments. (d) The provisions of the foregoing paragraph (c) shall not apply to employeTM who are exempted by the department from the necessity of carrying insurance. (e) Possession of an employment certificate, duly is sued and transmitted to the employer in accordance with the provisions of the child labor law. and rrceipt thereof duly acknowledged by him. shall be conclusive evidence to such employer of his legal right to employ the minor for whose employment such certificate has been issued. (f) The possession of an age certificate, duly issued and transmitted to the employer by the school authoritics 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 party has elected not to be bonnd by the provisions of article three of the set to which this act is an amendment, in the manner prescribed by sec tion three hundred and two of said act. they shall be held to have agreed to be bonnd hy the provisions of this act, and to have waived any other right or remedy at law or in. equity, for the recovery of damages for injuries occurring under the circumstances herein described. ARTICLE IV FltOCEBOllE Bectlom 401. The term "employer," when used in this article, shall 'mean the employer as defined in article one of this act, or his duly authorized agent, or his insurer if such insurer has assumed the employer's liability-, or the State Workmen's Insurance Fund of this Commonwealth if the employer be insured therein. The department shall he deemed a "party in interest" in any proceeding under this nrtirle before a referee, the board or any court involving any claim for com pensation, a part of which is payable by the Common wealth under the provisions of this act. G90C00 ^  .- -- - Section 402. .Act 482. 82 Repeal'd January 2, 1952, P. L. 1811, Section 403. (a) All proceedings before the board or any referee, and all appeals to the board, shall be instituted by petition addressed to the board. All peti- < tiona shall be in writing and in tbs form prescribed by the board. (b) All petitions, all copies of agreements for com pensation, and all papers requiring action by the board, shall be mailed or delivered to the department at its principal office. Section 404. The department shall, immediately upon their receipt, properly file and docket all peti tions, agreements for compensation, findings of fact by the board or any referee, awards or disallowances of compensation, or modifications thereof, and all other reports or papers filed with it under the provisions of this act or the rules or regulations of the board. Section 405. Immediately upon receiving from the board or any referee any award or disallowance of compensation, or any modification thereof, or any other decision, the department shall serve a copy thereof on all parties in interest. Baction 400. All notices and copies to which any party shall be entitled under the provisions of this article shall be served by mail, or in such manner as the board shall direct. For the purposes of this article any notice or copy shall be deemed served on the date when mailed, properly stamped and addressed, and shall be presumed to have reached the party to be served; but any party may show by competent evidence that any notice or copy was not received, or that there was au unusual or unreasonable delay in its transmission through the mails. In any such case proper allowance shall be made for tbe party's failure within the pre scribed time to assert any right given him by this act. The department, the secretary of the board, and every referef, shall keep a careful record of the date of mailing every notice and copy required by this act to be served on the parties in interest. Section 407. On or after the seventh day after dis ability shall have begun or death shall have occurred, tbe employer and employe or his dependents may agree upon the compensation payable to the employe or his dependents under this act; but My agreement made prior to the seventh day after the disability ahall have r ( ( c c 990C00^ 83 begun or the death shall have occurred, or permitting a commutation of payments contrary to the provision! of this act, or varying the amount to be paid or the period during which compensation shall be payable as pro vided in this art, shall be wholly null and void. It shall be unlawful for any employer to accept a receipt show ing the payment of compensation when in fact no such payment bas been made. All agreements made in accordance with the provi sion of this section shall be in writing, and signed by all parties in interest. All agreements for compensation and all supplemental agreements for the modification, suspension, reinstatement, or termination thereof, and all receipts executed by any employe of whatever age, or by any dependent to whom compensation is payable under sec tion three hundred and seven, and who has attained the age of sixteen years, shall be valid and binding unless modified or set aside as hereinafter provided. Section 408. All agreements for compensation may 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, recurred, or temporarily or finally terminated, or if tbe status of any dependent has changed. --------- flection 409. Whenever an agreement or supple mental agreement shall be-executed between an em ployer and employe or his dependents as provided by this act, such agreement shall be executed in triplicate. Two copies thereof, signed by all parties in interest, shall be mailed or delivered to the department within thirty days after execution. It shall be the dnty of the department to examine the agreement to determine whether it conforms to the provisions of section four hundred and seven, to notify the parties thereto of its validity or invalidity, under the aforesaid section, within thirty days after the copies of the agreement have been mailed or delivered to it, and, if the agree ment be approved, to aend to the employe or depend ents, together with such notification of its approval, a copy of the agreement: Provided, however. That any payment made in accordance with any agreement prior to the receipt of notice of invalidity ahall discharge pro tanto the liability, nnder article three of this act, of the employer making such payments. . . Section 410. If, after any disability or death, the employer and the employe or his dependents shall fail to agree upon the facta thereof and the eompeiuation 2c 003067 BBB90 ffSKBKSnesBm* w 84 due under this act, the employe or his dependents may present a claim for compensation to the board. Whenever any claim for compensation is presented to the board, and is Anally adjudicated in faror of the claimant, the amounts of compensation aetnally doe at the time tbe first payment is made after such adjudica tion shall bear interest at the rate of six per centum per . annum from the day such claim is presented, and such interest shall be payable to tbe same persons to whom the compensation is payable. In ease any claimant shall die before the final adjudi cation of his claim, the amount of compensation due ; such claimant to the date of death shall be paid to tbe dependents entitled to compensation, or, if there be no dependents, then to the estate of the decedent. Section 411. Whenever the employer and the em ploye or his dependents shall, on or after the seventh day after any disability begins or death occurs, agree on the facts on which a claim for compensation de pends, but shall fail to agree on the compensation payable thereunder, they may petition the board to determine the compensation payable. Such petition shall eontain the agreed facta, and shall be signed by all parties in interest. The board shall fix a time and place for hearing the petition, and shall notify all parties in interest As soon as may be after such hear ing, the board shall award or disallow compensation in accordance with the provisions of this act. Section 415L Tf any party shall desire the commu tation of fatnre instalments of compensation, he ahall present a petition therefor to the board. Section 41S. The board, or a referee designated by the board, mar, at any time, review and modify or set aside an existing original or existing snpplcmental agreement, upon petition filed by either party with the board or in the course of the proceedings under any petition pending before such board or referee, it it ba proved that sueh agreement was in any material ra? spect incorrect. The board-or referee designated by the board, may, at any time, modify, reinstate, suspend, or terminate ah original or supplemental agreement, or an award, upon petition filed by either party with such board, upon proof that tbe disability of the employe haa in creased, decreased, recurred, or has temporarily or finally ceased, or that the atatus of any dependent has changed. Sueh modification, reinstatement, suspension, or termination shall be made as of date upon which it c c c c c c s s je o o o a t' 1 85 in nKmrii that the disability of lti employe ha* in creased. decreased, reeurred. or ha* temporarily or finally ceased, or upon which it is shown that thr statu* of any dependent has changed: Provided. That an agreement or an award can only be reviewed,, modified, or reinstated during the time such agreement or award ha* to run. if for a definite period; and no agreement or award shall be reviewed, or modified, or reinstated, unless a petition is filed with the board within two years after the date of the most recent payment of compensation made prior to the date of filing such petition. Where compensation has been suspended be cause the employe's earnings are equal to or in excess of his wages prior to the disability payments under the agreement or award may be resumed at any time during the period for which compensation for partial disability is payable, unless it be shown that the loss of earnings dors not result from thr disability due to the exposure. The board or referee to whom any such petition has been assigned may subpoena witnesses, hear evidence, make findings of fact, and award, or disallow compen sation in the same manner and with the same effect and subject to the same right of appeal, as if such petition were an original claim petition. The filing of a petition to terminate or modify a compensation agreement or award as provided in this section shall operate as a supersedeas, and shall sus pend the payment of compensation fixed in the agree ment or by the award, in whole or to such extent as the facts alleged in the petition would, if proved, require. Section 414. Whenever a claim petition or other petition is presented to the board, the board shall, by --general rules or special order, either direct it to be heard by one or more member* of the board or assign it to a referee for hearing; Provided, however, That peti tions presented under sretions four hundred and eleven and four hundred and twelve shall be heard by one or more members of the board. The department shall serve upon each adverse party a copy of tjje petition, together with a notice that such petition will be heard by the bosrd or the referee to whom it has been assigned (giving his name and ad dress), as the ease may be. and, if the petition shall hare been assigned to a referee, shall mail the original petition to such referee, together with copies of the notices served upon the adverse parties. Section 415. At nny time before an award or disal lowance of compensation or ordrr haa been made by a MMBli G9QCOO 86 referee to whom a petition has hern luiunn), the board may order such petition heard before it or one or more of its members or may reassign it to any othrr referee. Unlea* the board shall otherwise order, the testimony taken before the original referee shall be considered as though taken before the board or substituted referee. Section 416. Within twenty days after a copy of any petition has been eerred upon any adverse party, he may file with the secretary of the board it the peti tion has been directed to be heard by the board, or with the referee if the petition has been assigned to a referee, an answer in the form prescribed by the board. Brery fact alleged in a claim petition not specifically denied by an answer so filed by an adverse party shall be deemed to be admitted by him. But the failure of any adverse party, or of all of them, to deny a fact so alleged shall not preclude the board or referee before whom the petition is beard from requiring, of its or his own motion, proof of such fact. Section 417. Am aoon as may be after the twelfth day after notice that a petition has been directed to be heard by the board has been served upon the adverse parties thereto, the board shall fix a time and place for hearing the petition. If a petition be assigned to a referee, he shall, as soon as practicable thereafter, fix a time and a place for hearing the petition. The secre tary of the board, if the petition has been directed to be heard by the board or by one or more of its members, or the referee to whom the petition has been assigned, shall serve upon all parties in interest a notiee of the time and place of hearing, and shall serve upon the petitioner a copy of any answer of any adverse party. Bection 418. The board, if a petition is directed to be heard by it or by one or more of its members, or the referee to whom a petition is assigned for hearing may subpoena witnesses, order the production of books and other writings, and hear evidence, and shall make, in writing and at-noon as may be after the conclusion of the bearing, such findings of fact, conclusions of law, and award or disallowance of compensation, or othrr order, as the petition and answers and the evidence pro duced before It or him and the provisions of this act shall, in its or his judgment, require. The findings of fact made by the board in any prtition heard by it or by one or more of its members or upon a hearing de novo shall br final, exerpt as hereinafter providrd. and the findings of fact made by a referee to whom a peti- C ( ( C c o VBHR mm mMM1 \ > J 67 tion hu been assigned or any question of fact has been referred under the provisions of section fonr hundred and nineteen shall be final, unless an appeal is taken as provided in this set, or unless the board shall, under the provisions of seetions four hundred and twentyfive or four hundred and twenty-six of this article, grant a bearing de novo or a rehearing. Section 410. The board may refer any question of fact arising under any petition, including a petition for commutation heard by it, to a referee to hear evi dence and report to the board the testimony taken before him or such testimony and findings of facts thereon as the board may order. The board may refer any question of fact arising out of any petition assigned to a referee, to any other referee to hear evidence and report the testimony so taken thereon to the original referee. Section 430. The board or a referee. If it or he deem it necessary, may, of its or his own motion, either before, during or after any hearing, make an investi gation of the facts set forth in the petition or answer. The board or referee with the consent of the board, may appoint one or more impartial physicians or sur geons to examine the claimant and report thereon, or he may employ the services of such other experts as shall appear necessary to ascertain the facts. The report of any phyaieian, surgeon, or expert appointed by the board or by a referee shall be filed with the board or referee, as the ease may be, and shall be a part of the record and open to inspection as such. The board shall fix the compensation of sneh physi cians, surgeons, and experts, which, when so fixed, shall be paid out of the sum appropriated to the De partment of Labor and Industry. The sum of fifty thousand dollars ($50,000) Is hereby appropriated to the Department- of Labor and Indnatry for compensation payable by the Commonwealth nnder the provisions of this section for the biennium one thonsand nine hundred and fifty-five--one thousand nine hundred and fifty-seven. Section 431. All hearings before the board or one or more members thereof, or before a referee, shall be public. Section 433. The board, its members and the ref. .erees shall not be bound by the technical rules of evidence in eondneting hearings and investigations, bnt all findings of fact shall be based only upon suffi cient, competent evidence to justify them. 003071 * RR If nv party or witness resides outside of the Com monwealth. or throuirli illness or other rausr is unable to testify before the board or a referre, hi* nr her testimony or deposition may bo taken. within or with.out tliist Commonwealth. in such manner and in anch form as thr board may. by special order or general .role, prescribe. The rrrnrds, kept by a hospital of the medical or surgieal treatment given to an employe in anch hospital, shall he admissible a* evidence of the medical and surgical matters stated therein, bat shall not be conclusive proof of surh matters. Where any claim for compensation at issue before a referee involves five week* or less of disability, either the employe or the employer may submit a certificate . by any qualified physician aa to the history, examina tion, treatment, diagnosis and eanse of the condition, and the atatement* ehall be admissible a* eridencc of medical and surgical matters therein atated, hut such statement* and certificates shall not be admissible in . any subsequent proceedings. Where an employer has furnished surgical and medi cal service* or hospitalization in accordance with the provisions of subsection (f) of section 30<i, or where the employe has himself procured them, the employer or employe shall, upon request, in any pending pro ceeding be furnished with or have made available a true and complete record of the medical and surgical services and hospital treatment, including X ray*, labo- ratory tests, and all other medical and aurgieal data in - ....... the poaseaaion or under the control of the party re quested to furnish or make available such data. o . Section 423. Any party in interest may, within twenty days after notice of a referee's award or dia- " allowance of compensation shall have been served upon him, take an appral to thr board on the ground: (1) that the award or disallowance of compensation la '---not in conformity with the terms of this act, or that the referee committed any other error of law; (2) that the findings of fact and award or disallowance of com pensation was nnwarranted by sufficient, competent evidence, or was procured by fraud, coercion, or other improper conduct of any party in interest. The board may, upon cause shown, extend the time provided m thia article'for taking such appeal or for the filing of an answer or other pleading. In any such appeal the board may disregard the find ings of fart of the referee, anil may examine the testi mony taken before such referee, and if it deem proper may hear other evidence, and may substitute for the findings of the referee such findings of fact a* the evi- r < c C c 003072 mumr>HSB900IK3SKE CD u D 89 denee taken before the referee mu] the board, ns here inbefore provided, mile, in the judgment of the board, require, and may make mieli disallowance or award of compensation or other order ai the facta ao founded by it may require. Section 434. Whenever an appeal ahall be baaed upon an alleged error of law. it ahall be the duty of the board to grant a hearing thereon. The board ahall fix a time and place for aueh hearing, and ahall serve notice thereof on all parties in interest. Aa soon as may be after aueh hearing, the board shall either sustain or reverse the referee's award or disal lowance of compensation, or make aueh modification thereof as it shall deem proper. Section 435. Whenever an appeal shall be taken on the ground that the referee's award or disallowance of compensation was unwarranted by the evidence, or beeause of fraud, coercion, or other improper conduct by any party in interest, the board may, in its discretion, grant a hearing dr novo before the board or one or more of its members, or assign the petition for rehearing to any referee designated by it, or sustain the referee's award or disallowance of compensation. If the board shall grant a hearing de novo, it shall fix a time and place therefor and notify all parties in interest. As soon as may be after any hearing de novo by the board, it shall in writing atatr its findings of fact, and award or disallow compensation in accordance with the provisions of this act. Section 428. The board, upon petition of any party and upon cause shown, at any time before the court of common pleas of any county of this Commonwealth, other than Allegheny County, and in Allegheny County before the. county court of Allegheny County, to which an appeal has been taken under the provisions of section four hundred and twenty-seven of this article ahall haTe taken final artion thereon, may grant a rehearing of any petition upon which the hoard has made an award or disallowance of compensation or other order or ruling, or upon which the board has sustained or reversed any action of a referee; but such rehearing shall not be granted more than eightren months after the board has made such award, disallowance, or order or ruling, or has sustained or reversed any action of the referee. If the board shall grant a rehearing of any petition from the board's artion on which an ap. peal has been taken to and ia pending in the court of IlMtT BC 003073 TO MUMMiaW [ . - . ... . 90 common plr or in the county court of Allegheny County, ax the cane may be. under the provisions of section four hundred and twrnty-seven of this article, the board shall file in such court a certified copy of its order granting such rrhearing. and it shall thereupon be the duty of such court to cause the record of the case to be remitted to the board: Provided, however, That nothing contained in this aeetion shall limit or restrict the right of the board, or a referee designated by the board, to review, modify, set aside, reinstate, tuspend, or terminate, an original or supplemental agreement, or an award in accordance with the pro visions of section four hundred and thirteen of this article. Boction 427. Any party may appeal from any action of the board on matters of law to the court of common pleat of the county in which the employe was last employed prior to his disability or death or of the eonnty in which the adverse party resides or has a permanent place of business, or, by agreement of the parties, to the court of common pleas of any other county of this Commonwealth: Provided, That no such appeal shall be taken to the court of common pleas of Allegheny County, but in Allegheny County all such appeals shall be taken to the county court of Allegheny County, which shall have exclusive jurisdiction of such appeals. Such appeal must in all cases be brought within twenty days after notice of the action of the board has been served upon such party, unless any court of common pleas or the county court of Allegheny County, as the case may be, to which an appeal lies shall, upon cause shown, extend the time herein pro vided for taking the appeal. The party taking the appeal shall, at the time of taking the appeal, serve upon the adverse party a written notice thereof, setting forth the date of the appeal and the court in which the same is filed, and shall file, either with his notice of appeal, or within thirty days thereafter, such excep tions to the action of the hoard as he may desire to take, and shall specify the findings of fact, if any, of the board, or of the referee sustained by the board, which hr alleges to be unsupported by sufficient, com petent evidence.*, TTpon filing of the notice of an appeal, the prothonotary of the court of common pleas or the clerk of the county court of Allegheny County, as the ease may be, to which the appeal has been taken shall issue a writ of certiorari, directed to the board, commanding it, within ten days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken. The writ so issurd shall be mailed by the 'aammssssoBssesBea c c c c ( < c 0 o o CoO 91 prothonotary or the clerk of the county court of Alle gheny County, ax the eaxe may be. to the department at Harrixburg, together with a copy of the exception*. The board shall, within ten days after auch aerrice, certify to such rourt its entire record in the matter in which the appeal has been taken, including the notea of testimony. Any eourt before which an appeal is pending from any action of the board, may remit the record to the board for more specific findings of fact if the findings of the board or referee or of the medical board are not, in its opinion, sufficient to enable it to decide the ques tion of law raised by the appeal. If the rourt of common pleas or the county eourt of Allegheny County, ax the caxe may he, shall affirm an award or order of the board or of a referee, sustained by the board, fixing the compensation payable under this act, the court shall enter judgment for the total amount stated by the award or order to be payable, whether then due and accrued or payable in future Instalments. If such eourt shall sustain the appellant's exceptions to a finding or findings of fact and reverse the action of the board founded thereon, the court shall remit the record to the board for further hearing and determination, in which the procedure shall be the same as that hereinbefore provided in this article In the eaxe of a petition presented to the board, except that the testimony taken in the original proceedings shall be considered as though taken in such further bearing. The prothonotary of any court of common pleas or the clerk of the county court of Allegheny County, as the ease may be, to which an appeal has been taken from the board, shall send to the board a certificate of the judgment of the court ax soon as rendered, with a copy of any opinion which may be filed in the ease, and, within five days, shall give notice of such judgment and the date thereof, by registered mail to each at torney at law appearing in the case at the address given by the attorney in the pleadings, and. if no attorney at law has appeared, hy registered mail to the party or parties not represented by counsel. At the end of the period hereinafter allowed for an appeal from the judg ment of the court, the record of the board shall be rrmitted to it by the'prothonotary or the clerk of the county court of Allegheny County, as the ease may be, unless an appeal shall have been taken to the Superior Court as hereinafter provided. If such appeal shall be taken, the record shall be remitted to the board by the prothonotary or the clerk of the county court of Alle gheny County, as the case may be, on its return from the appellate court. W>B^WAUIil<UMJWliLIRl>U be 003075 92 _ Any party may appeal to the Superior Conrt from the . judgment of the court of common plena or the county court of Allegheny County, ai the ease may be, within thirty days after entry of said judgment, irrespective of the amount involved. Such appeal shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other eases of appeal to the Superior Court, and the record so certified' shall contain all that was before the court of common pleas or the county court of Allegheny County, as the ease may be. Any appeal froan the action of the board to a court of common pleas or the county court of Allegheny County, as the case may be, and from it to the Superior ... Conrt shall take precedence over all other civil actions. The judgment of the Superior Court shall be final, un less an appeal therefrom is allowed aa in the case of other judgments of that eonrt. Upon the rendition of any judgment in the connty eonrt of Allegheny County hereunder, the party to whom sneh judgment is awarded shall be entitled to file in th* office of the prothonotary of Allegheny County, a transcript from the docket of the connty court, showing the judgment so rendered, which judg ment shall be entered upon the judgment index of such county in the same manner and with like effect as in the esse of other judgments rendered by the connty conrt of Allegheny County. It is the intention of this act that all appeals from .- ..... the "Workmen's Compensation Board heretofore triable t ..... - in the court of common pleas of Allegheny Connty shall hereafter be exclusively triable in the county court of . Allegheny County, regardless of the amount of money involved in the appeal. Beetloa 428. Whenever the employer, who has ac cepted and complied with the provisions of section three - hundred five, shall be in default in compensation pay ments for thirty days or more, the employe or depen dents entitled to compensation thereunder may file a certified copy of the agreement and the order of the board approving the same, or of the award or order, i. ii . ,,-rwith the prothonotary of the eonrt of common pleas of any county, and the prothonotary shall enter the entire balance payable under the agreement, award or order to be payable to the employe or his dependents, aa a judgment against the employer or other party liable nnder sneh agreement or award. Where the compensa tion so payable is for a total and permanent disability, the judgment shall be in the amount of thirty thousand dollars less such amount aa the employer shall have actually paid pursuant to such agreement or award. Such judgment shall be a lien against property of the c* c c c ( < c 3 c 00307G WUIU 93 -employer or othrr psrty liable under such iptuntnt or award, and execution may issue thereon forthwith. WKrrrv'r, after disability or death, any employe or his dependents shall have entered into a compensation agreement with an employer liable for compensation under this art. who has not aecrptrd or complied with the provisions of section three htindrrd five, or shall file a claim petition with the board against such employer, ;he may file a certified copy thereof with the prothono tary of the court of common pleas of any county. The prothonotary shall enter the amonnt stipulated in any such agreement or claimed in any such petition as a judgment against the employer, and where the amonnt so stipulated or claimed is for total disability, such judgment shall be in the sum of thirty thousand dollars. If the agreement be approved by the department, or compensation awarded as claimed in the petition, the amonnt of compensation stipulated in the agreement or claimed in the petition shall be a lien, as of the date when the agreement or petition was filed with the pro thonotary. Tending the approval of the agreement or the award of compensation, no other lien which may be attached to the employer's property during such time shall gain priority over the lien of such agreement or award, but no execution shall issur on any compensa tion judgment before the approval of the agreement or the award of compensation on the said petition. ' If the agreement be disapproved, or, after hearing, compensation shall be disallowed, the employer may file, with the. prothonotary of any county in which the petition or agreement is on record as a judgment, a certified copy of the disapproval of the agreement or disallowance of compensation, and it shall be the duty of such prothonotary to strike off the judgment. If the amount of compensation claimed be disallowed, but another amount awarded, the compensation judg ment shall be a lien to the extent of the award, as of the date of filing the petition with the orothonotarv, with the same effect as to other liens and the same disability to issue execution thereon as if the compensation claimed had been allowed. In nnrh cases the prothono tary shall make auclt modification of the record as shall be appropriate, e . ' If the compensation payable under any agreement or award upon which judgment has heen entered under the provisions of this section shall be modified, sus. pended, reinstated, or terminated by a supplemental agreement executed under the provisions of section four hundred and eight, or by an award or order made under the provisions of section four hundred and thir teen, any party to such judgment, at any time after W0UJWJU* mmiaaiw o o CO o i 94 aueh agreement has been approved by the department or after the expiration of the time allowed for an appeal from the award or order, may file with the prothonotary of the court of common plea* of any county in which the judgment ia on record a certified copy of aueh supplemental arreement. award, or order, and it shall thereupon be the duty of the prothonotary to modify, suspend, reinstate, or satisfy such judgment in accordance with the terms of such supplemental agreement, award or order. Execution may inane by first filing with the prothono tary an affidavit that there has been a default in paymenta of compensation due on any judgment for compensation, entered prior to the approval of the compensation agreement, or an award on petition, as soon as such agreement shall have been approved by the department, or such award made aa evidenced by the approval of the board of the award or by a certified copy thereof. Execution ahall in alt eases be for the amount of compensation and interest thereon due and payable up to the date of the issuance of said execution, with costa, and farther execution may issue from time to time as further compensation shall become dne and parable, until full amount of the judgment with costs shall have actually been paid. taction 439. If any party against whom a compen sation agreement, award, or other order fixing the com pensation payable under this act has been filed of record in any county of this Commonwealth in accord ance with the provisions of section four hundred and twenty-eight of this article, or against whom judgment has been entered by the prothonotary of the court of common pleaa of any county on any award or order of the hoard or a referee, shall, at any time, present to the board receipts or copies thereof, certified by any rrfrrrc. showing the payment of compensation as re quired by the agreement or award in foil to the date of presentation to the referee, the board ahall iasne a certificate to aueh party, in the form prescribed, stating the extent to which the judgment on the agreement or award has b^jen reduced. Upon the presentation of such certificate to the prothonotary of the court of common picas of any county in which such agreement or award has been filed of record as a judgment, or in which judgment on an award has been entered by the prothonotary of the court of common pleas, it shall be the prothonotary*s duty to mark such judgment satis fied to the extent of the payments so certified, and, upon the presentation to such prothonotary of a cer tificate isaued by the board nnder the provisions of :*. V-** c c c c < < c SC 003078 w v .- - . r-.'-.V . . . . v-: ' V 95 - section three hundred and seventeen of this act, it ahall he the duty of the prothonotary to mark each judgment folly satisfied. Section 430. The lien of any judgment entered upon any award shall not be divested by any appeal. If, however, the party appealing from the award ahall file with the board a bond, in such amount and in auch . form aa the rulea and regulations of the board ahall direct, the appeal ahall, pending its decision, excuse the payment of so much of the compensation aa is contested therein; but if the Anal decision on appeal shall sustain the award, it shall be the duty of the employer by whom such award is payable to make pay ments of compensation as from the date of the original award. If on appeal the award is sustained as to a part, it shall be the dnty of the employer by whom such part is payable to make payments as from the date of the original award. In ease the award is annulled on appeal, it shall be the duty of the prothonotary of any county in which such award has been entered as a judgment to mark it satisfied. Section 431. The cost of the prothonotary for enter, ing the amount of compensation aa provided in this set, or making a modification of the record, or marking the judgment satisfied, shall be allowed, taxed, and eo|. leeted as upon a confession of judgment on a judgment note. , r Section 433. . It shall be the duty of the prothonotary of each court of common pleat and of the Superior Court of the Commonwealth, to make a monthly report to the board of the disposition of all appeals taken to such court under the provisions of this article. Beeticm 433. A document on file In the department or with the board or any referee, or part of the record ofany proceedings taken nnder Articles III and IV of this act shall be approved by a copy thereof, certified by the department under the seal of the department, or certified by the chairman of the board and attested by the secretary of the board under seal of the board, as the ease may be. Sectina 434. A final receipt, given by an employe or dependent entitled to'.compensation under a com pensation agreement or award, lhall be priroa faeie evidence of the termination of the employer's liability to pay compensation under such agreement or award: Provided, however. That the board, or a referee deaig. nated by the board, may, at any time within two years 003079  :'.!r ." *'* " ; . 'V . ... --------- -- 96 from thf itlf to which payments have been made, net aside a final receipt, opon petition filed with the board, if it be conclusively pro-red that all disability due to the occupational disease in fact had not terminated. ARTICLE V ocianuu. runaroiea Section 601. No claim or agreement for legal aer- riees or disbursements in snpport of any demand made or suit brought under the provisions of article two of thia act shall be an enforceable lien against the amount to be paid as damages, or be ralid or binding in any respect, unless the same be approved in writing by the judge presiding at the trial, or, in case of settlement without trial, by a judge of the common pleas court of the county in which the accident occurred. No claim or agreement for legal services or disburse ments in snpport of any claim for compensation, or in preparing any agreement for compensation, under ar ticle three of this act, shall he an enforceable Hen against the amount to be paid as compensation, or be valid or binding in any other respect, unless the same be approved by the board. Any such claim or agree ment shall be filed with the department, whieh shall, as soon as may be, notify the person by whom the same was filed of the board's approval or disapproval thereof as the ease may be. . v f__._ - ., .r ^4 x r^r ~ After the approval as herein required, if the em ployer be notified in writing of such elaim or agree ment for legal services and disbursements, the same 'shell be a lien against any amount thereafter to be paid as damages or compensation: Provided, however, ' ; That where the employe's compensation is payable by the employer in periodical instalments, the board shall fix, at the time of approval, the proportion of each in stalment to be paid on account of legal services and disbursements, and the board may, upon application made to it, commute the sura awarded for legal services and disbursements. Section SOU. Any perron mho solicits money for assisting any person to obtain any benefits tender this act shall be guilty of a misdemeanor and npon eonmo tion thereof shall he sentenced to pay a fins not to . exceed one thousand dollars (fljOOO) mnd costs of prose- cation, or to undergo imprisonment for one year, or both. This provision shall not apply to an attorney of . lose mho for a fee has been retained by a claimant to \ ptrr him legal advice mnd assistance in obtaining bens- V fits. .. .................................... 8ECTJ0N 2. THIS ACT 8HALL TAKE EFFECT IMMEDIATELY. c 1 c c V... 08OCOO # & 91 Swttm BOS. Nothing in this net shall affect or im pair any right* of action which hare accrued before this act shall take effect. (Section 80S. It any provision of this act shall be - held by any court to be unconstitutional, each judgment shall not affect any other seetion or provision of this act, except that articles two and three are hereby de- elated to be inseparable and as one legislative thought, and if either artiele be declared by such court void or inoperative in an essential part so that the whole of such article must fall, the other artiele shall fall with it and not stand alone. Section 604. The following aets are hereby specifi cally repealed: The act, approved the second day of July, one thousand nine hundred thirty-seven (Pamphlet Laws, twenty-seven hundred fourteen), entitled "A supplemeat to the set, approved the second day of June, one thousand nine hundred fifteen (Pamphlet Laws, seven hundred thirty-ix), entitled, as amended `An aet de fining the liability of an employer to pay damages for injuries received by an employe in the eoune of em ployment; 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 occupations] diseases within the ' scope thereof, and providing definitions, provisions, and procedure related to such diseases; and making an appropriation." All other aets and parts of sets inconsistent with the provisions of this aet. r1` Section 808. The provisions of this act shall become effective on October first, one thousand nine hundred and thirty-nine, exeept the provisions of section three hundred two of this aet, which shall become effective immediately upon the final enactment of this net. Aet Nik 802--Act No. 816 Section 428. The board, upon petition of any party and upon esose shown, at any time before the court of common pleas of any county of this Commonwealth other than Allegheny County, mud in Allegheny County before the eounty court of Allegheny County, to which an appeal has been taken under the provisions of sec tion four hundred and twenty-seven of this article shall have taken final action thereon, may grant a rehearing of any petition upon which the board has made an U9MS wiimgMfwi m...mmwm i V Be 003081 i rTggWil1 1 N */ * t * -i'; / ^ :'V. V. M award or disallowance of compensation or other order or rating, or upon which the board has sustained or reserved any action of a referee; bnt inch rehearing shall not be granted more than one gear after the board has made such award, disallowance, or other order or rating, or has sustained or reversed any action of the referee. If the board shall grant a rehearing of any petition from the board's action on which an appeal has been taken to and is pending in, the court of common pleas, (of any county of this Commonwealth) or in the county eonrt of Allegheny County, as the ease may be, under the provisions of section four hundred and twenty-seven of this article, the board shall file in such court a certified copy of its order granting such rehear ing, and it shall thereupon be the duty of such court to eause the record of the ease to be remitted to the board: Provided, however, That nothing contained in this section shall limit or restrict the right of the board, or a referee designated by the board, to review, modify, act aside, reinstate, suspend, or terminate, an original or supplemental agreement, or an award m accordance with the proviaions of section four hundred thirteen of this article. Section 4TT. Any party may appeal from any action of the board on matters of the law to the eonrt of eom- non pleas of the county In which the accident occurred or of the county in which the adverse party resides or hss a permanent place of business, or, by agreement of the parties, to the court of common pleas of any other county of this Commonwealth: Provided, That no sueh appeal shall be taken to the eonrt of common plras of Allegheny Connty, bnt in Allegheny County all such appeals shall be taken to the county eonrt of Allegheny " County, which shall have exclusive jurisdiction of such - appeals. Snch appeal must hi all eases be brought within twenty days after notiee of the action of the board has been served npon sueh party, unless any eonrt of common pleas or the county court of Allegheny . County, as the ease may be, to which an appeal ties -shall, upon cause shown, extend the time herein pro vided for taking the appeal. The party taking the appeal shall, at the time of taking the appeal, aerve npon the Adverse party a written notiee thereof, setting , forth the date of the appeal and the court in which the same is filed, and shall file, either with his notiee of appeal, or within thirty days thereafter, such excep tion to the action of the board as he may desire to take, and shall specify the findings of fact, if any, of the board or of the referee sustained by the board, which be alleges to be unsupported by competent evidence. C ( 1 c fo ami* socoo  ' . I- 1 .\ .'rtf-. / i v' D ? 99 ITpon filing of the notice of an appeal, the prothonotary of the court of common pleas or the clerk of the eounty court of Allegheny County, as the ease may be, to which the appeal haa been taken shall iasne a writ of certiorari directed to the board, commanding it, within ten days after aerriee thereof, to certify to such court its entire record ia the matter in which the appeal has been taken. The writ so issued shall be mailed by the prothonotary or the clerk of the county court of Allegheny County, as the case may be, to the department at Harriaburg. together with a copy of the exceptions. The board shall, within ten days after such aerriee, certify to such court its entire record in the matter in which the appeal haa been taken, including the notes of testimony. Any court before whom an appeal ia pending from any action of the board may remit the record to the board for more specific findings of fact, if the findings of the board or referee are not, in its opinion, sufficient to enable it to decide the question of law raised by the appeal. If the court of common pleas of any county [of this Commonwealth] or the eounty court of Allegheny County, as the ease may be, shall affirm an award or order of the board or of a referee sustained by the board, fixing the compensation payable under this act, the eonrt shall enter judgment for the total amount stated by the award or order to be payable, whether then due and accrued! or payable in future instalments. If such court shall sustain the appellant's exceptions to a finding or findings of fact and reverse the action of the board founded thereon, the court shall remit the record to the board for further hearing and determina tion, in which the procedure shall be the same as that hereinbefore provided m this article in the ease of a petition presented to the board, except that the testi mony taken in the original proceedings shall be con sidered as though taken in such further hearing. The prothonotary of any court of common pleas or the elerk of the eounty court of Allegheny County, as ' the case may be. to which an appeal has been taken from the board shall send to the board a certificate of the judgment of'the court as soon as rendered, with a copy of any opinion which may be filed in the case, and, within five days, shall give notice of such judg ment, and the date thereof, by registered mail to each attorney-at-law appearing in the case at the address given by the attorney in the pleadings, and, if no attorney-at-law has appeared, .by registered mail to the party or parties not represented by counsel. At the end of the period hereinafter allowed for an appeal l CSO0OO 0 4 I ' :'s . Si--.: '..C.V\- ' I Vf.' 100 from the judgment of the court, the record of the hoard shall be remitted to it by the prothonotary or the clerk of the county court of Allegheny County, as the ease may be, unless an appeal shall hare been taken to the Superior Court as hereinafter provided. If auch appeal shall be taken, the record shall be remitted to the board by the prothonotary or the elerk of the county court of Allegheny County, as the ease may be, on its return from the appellate court. Any party may appeal to the Superior Court from the judgment of the court of common pleas or the county court of Allegheny County within thirty days after entry of said judgment, irrespective of the amount involved. 8uch appeal shall be taken and prosecuted in tbe same manner and form and with the same effect aa is provided in other cases of appeal to the Superior Court, and the record ao certified shall contain all that eras before the conrt of common pleas or the county court of Allegheny County, as the case may be. Any appeal from the action of the board to a court of common picas or the county court of AUe* gheny County, as the ease may be and from it to the Superior Court shall take precedence over all other civil actions. The judgment of the Superior Court shall bo final, unless an appeal therefrom is allowed aa m (he case of other judgments of that tribunal. Upon the rendition of any judgment in the county court of Allegheny County hereunder, the party to whom aneh judgment is awarded shall be entitled to ' file in the. office of the prothonotary of Allegheny " .'County a transcript' from the docket of the county court, showing the judgment so rendered, which judg ment shall be entered upon the judgment index of said county in the same manner and with like effect as in . the ease of other judgments rendered by the county "Vcourt of Allegheny County. ' It is the intention of this act that all appeals from the Workmen's Compensation Board heretofore triable in the court of common pleas of Allegheny County shall henceforth be exclusively triable in the county court of Allegheny County, regardless of the amount of money involved In the appeal. JM 9 mm v:,C V. ' <( i' /. r :. *\ v :v- 'v\ < : . - J ' .-T'o-vi t e t ? 003084 OCCUPATIONAL DISEASE ACT INDEX Sect Ion .Burial expenses ................................................ 307(8) Change of status in degree of disability of injured employe Change of status of dependents. 307 408 413 . 307 408 413 Children, schedule of compen sation for . . ......................... 307 Commutation of compensation payments ..................................... 307(8) Department of Labor and Industry, party in interest in any proceedings. .. ............................... 401 Disease peculiar to the occupa tion or industry ............................... Disease resulting solely from military activities not compensable................................................. Diseases. . '. . . . . . . .... 301 109 - 108 Guardian. . ; . . . . . Impartial physician, board appointment of. ............................... In loco parentis. 307(8) 420 307(8) Last sickness and burial. .... 306(g) 307(8) Length of employment, for silicosis, anthraco-sillcosis 301(d-e) Liability of Commonwealth .... a- Liability of employer ...... 308(a-d) 301(g) Maximum compensation payments . . * 301 307(8) Minimum compensation payments . . Payments in installments......................... 307(8) 301 Presumption disease caused by special hazard of industry Silicosis, anthraco-sillcosis or asbestosis, total disability . or death only........................................... 301 301(e) .? : - f 72 r v ,V 70 * 83 .C/i . . 84 / * V? :: l-c iC70 83 ' 84 -f: v.: r. >-V` 7b .-.if. 72 )!< - . tr-: ., 81 7; 58 - k. 57 55 . ^ * gj , I / 72 : ri ' 87 72 70 72 59 ' . 73 .u;`> ' 'hz 60 58 '*;* r r.72 *4 z72 *v 58 58 j 59 & . }} -.o - 4 003085 <55 O