Document dQRMwy2xBDV4pMYZ5Vp3rp6gR

PLAINTIFFS I EXHIBIT 11 ACS-1A PENNSYLVANIA OCCUPATIONAL DISEASE ACT ACT OF JUNE 1. 1939 PAMPHLET LAW S66 AS AMENDED 1968 EFFECTIVE 1-1-69 54 D. Teaniylraisia Occupational DiHtM Art Act No. 284, June 21* 1999* F* L. 59$, as amended* OtAstm (Ki> tiihRitr f ( nupt*f>r t tur diAntn tar scwu> linul <tirw wnlnrtri br 11 rmrlorr iriwc out of nd fi Lhr (wro of foplgrani; mibliaitMi bo fkwrr vHrdulf dt forntrmtNfl: puvidini p<or<*rr for the ditrnniutiM of hiUliir utd Hopnuiwn Htumta: wiw* dwitr* n fJ r*rt>*nmrot of Ubu iftd liduHrf. the Workmens Cmpf tan Boud. Wnhnro'i CauvruUM Btftiw. tod d*iu of onfinl arhoob; crriitBc i nrdtnl twud to dtltrfliM UO Lrcrrrttcd mdnl irwi; mbJtt|uii| ta OmiMlwnlt Dinui Toad o eiutade of tho Sutr Wertmni tawout Board: pmu um tKr CommoimllK a pan of lhr lomfraoliaa pa?*blr tar Irrtio *vpunwl dwaHi *iko ta oppropna* tn; aad m'noidiaf irtako. The General Assembly of the Cotovroowealth of Pnoi^lTtBia here by taiett as follow*j AKT1CUB I ixrmraxrarto* *m nnxmoKi Section ICQ. This set *+i*U be called and msy be cited u The Pesm/lTaftfi OeeopliM) Dueue Art. It sbsll apply to disabilities sad death* caused by oetnpttioDtl diitue as defined in this act, resulting from employment within this Commonwealth* irrespec* nee of the pLaee where the contract of hiring wu foade, renewed, or extended...and shall not apply to any such disabilities and. deaths resulting from cm* ployraest outside of the Commonwealth* 8action ICS. 'Whererer in this act the singular is used* the plural shall he ineioded; and where the masculine reader is used, the feminine and neuter shall be included. fiirtlw 103. The term "employer/* at used in this act U declared to be synonymous with master, and to Include natural persona* partnership*, joint-stock com* panics, corporations for profit, corpora)ions not for profit, municipal corporations, the Commonwealth, and all leTtmpraul agencies created by it* Section 104. The term "employe,** as tssed la this act* is declared to be synonymous with aerraut, and includes all natural persons who perform terriers, except agricultural nrreier* or domestic set-rices per* formed in a pries)e home* for another lor a valuable consideration* exclusive of persons whose employment ss casual in character and not in the regular course of th* business of the employer, and exclusive of persona ceocoo ? ! 55 to whom nr material* arr firm otit to be tnarir op, cleaned. w**hl. altered. ornamented. finiOwrt. or repaired.or adapted for sale. in the wuker's own home, or on other premises not under the eon trot or manape- Btnt ot the employer. Errrr executive officer of corporation elected or appointed in aeeerdauee with the charter and by-law* of the corporation, except elected officer* of the Commonwralth or any of .ita political subdivision*. shall he an employe oC the cor poration. Section 105. The term `contractor.'* m used in article two. aeetinn two hundred and there, and article three, aection three hundred and tern fb). shall not include a contractor encaged in an independent buti. near, other than that of supplying laborer* or assistant*, in which he serve* person* other than the employer in whose aerriee the disability orenrj, bnt shall include a subcontractor to whom a principal contractor has sublet any part of the work which such principal contractor baa undertaken. Section 106. The exereise and performance of the powers and dnties ot a local or other publte authority sboU, for the purposes of this act, be treated aa the trade or boaincaa of the authority. Section 107. The term ''department." when used in this aet, shall mean the Department of Labor and In dustry of this Commonwealth. The term "board," when used in this act, ahall mean The Workmen's Compensation Board of this Common wealth. The tens "referee," when used in this net, shall mean Workmen's Compensation Referee. Section 10ft. The term "occupational disease," aa used in this aet, shall mean only the folio win* 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. fb) Poisoning by phosphorus, its prrpsration* or compounds, in any occupation involvinr direct contact with, handling thereof, or exposure thereto, (c) Poisoning by methanol, carbon bisulphide, hydro esrbon distillates (naphthas and other*) or halogensted hydro carbons, or any preparation* containing these chemical* or any of them, in any occupation invoicing direct eontaet with, handling thereof, or exposure thereto. <- 003030 66 (d) Poisoning by Kfniol. or by nitm, tmidfiv or amino drrivittvn of bcnxol (diniiro.benrol. anilm, tad othm), or'their prrpartliom or compounds, in any occupation involving? dirrct rontaei with, hindVinf thereof, or rxpoivfr thereto* <f) Caisson disease (compressed sir illness) resulting from eaKigin; io any oecopstion earned on in com* presaed air* (I) Radium poisoning or disability, doe to rsdio* aetive properties of substances or to noenigen*raT (X* rsrs) in any occupation involving direct contact with, handling thereof, or exposure thrreto* (g) Poisoning by, or ulceration from, chromic acid, or bichromate of ammonium, bichromate of potasaiam, or bichromate of sodium, or their preparations, in any oecopstion involving direct contact with, handling: thereof, or exposure thereto, (h) Epitheliomatous cancer or ulceration due to tar, ptteh, bitumen, mineral oil, or paraffin, or aay com' pound, product or residue of any of those substances, io aay oecopstion inroWisg direct eontact with, hsjtdliug thereof, or exposure thereto. (i) Infection or iaflamnistion of the skin due to oils, enttiog compounds, lubricants, dust, liquids, fumes, pases, or vapor, in any occupation involving direet con* tact with, hsndling thereof, or exposure thereto. fj) Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, or akins, or bodies of animals either alive or dead, (k) Silicosis, anthrseo-ailicosU or coal worker's poeotnuconiosis (the latter two eommonly known as miner's asthma and hereinafter referred to at anihrar^silicosit or coal worker's pneumoconiosis) to any oceupatioe 'mvolvinr direet contact with, handling of, or exposure to the dust of anthracite or bituminous coal and/or dual of silicon dioxide (S<Ot). 0) Aabestosia in any occupation involving direct contact with, handling of. or exposorc to the dust of asbestos. (in) Tuberculosis, serum hepstilis or Infectious heps* UtU in the oecopstion of nursing or auxiliary services involving exposure to such disease. (n) All other occupational diseases (1) to which the claimant is exposed by reason of his employment, and (2) which are peculiar to the industry or occupation, and (3) which arc not common to the general popula tion. For the purposes of this clause, partial loss o( hearing due to noise shall not be considered an occu pational disease. KL. 003010 57 M of the liHft And lunr< r^ntlinp in either temporary nr permanent total nr purl ill rliibitirr or drith, after four run nr more of *erriee in firr fighting for Ihr benefit nr safety of Ihr piihlir. caused by rxtrrmr orrr-nrrtidit in tim*"* of *tf* nr dancer nr by expnsiir# In hw. Mnobr. fum#* nr ra*#v arisinr dirrMly out of the rtBploymrnl nf any *ueh firemen. The Commonwealth shall pay thr full iniAunt of compensation for disability undrr this eiiuv. Section 109. No compensation shall be paid for any occupational disease if, during hostile attack* on (hr United States, disability nr death nf an employ# result* aolrly from military rtiritiw of the armed force* of the United Stales or from military activities nr enemy cabotage of a foreign power* ARTICLE H POCAOCS T ACTIOS at U** Seettcm SOL In any action brought to recover dam ages for disability or death of an employ# caused by occupational disease arising out of and in the course of hit 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. 201-..The employer .shall be liable for the negligence of employe* other than thr plaintiff, while acting within the scope of their employment, including engineer*, chauffeurs, miners, mine.forrmrn, ftre.bosae*. mine superintendent*, plumbers, officers of vessel*, and all other employer 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 licensed ; and such employes shall be the agents and representatives of their employers, and their employers shall be reaponsible for the act* and neglects of such employes, a* in the case of other agents and employes of their employ ers; and, notwithstanding the employment of ouch employes, the property in and shout which they are employed, and the use and operation thereof, shall at all times be under the supervision, management and control of their employers. Section 301 An employer who permits thr entry upon premise* occupied by him or under hi* control nf a laborer or an assistant hired hy an employe or con tractor who has rejected article three of this act. for the performance upon such premises of s part of the 003041 58 Kenltr in rath rmplove nr rmitrirtor, shall lx* liable to Mirh Ulwr^r nr iwiMint in I hr KJttnr maimer ami tu I hr umr rxtrifl u to his ovnt employe. Seetin 204. NV* nerennmt, fnmp*wilmit, r release nf damage* made before llir date of any disability or death resulting front prtututMnil disease, rxrept the agreement defined in arlirie three of this act, shall be valid nr shall bar a claim for damn**** for aitrh di> ability or dratli; and any such trrrrmrnt other than that defined in artirle three herein, is declared lo be attains! the public |oliey of this Commonwealth. The receipt of bearfit* from any iwnriaiion. society, or fond shall not bar the recovery of damages by action at lie, por the recovery of compensation under article three hereof; and any release executed in consideration of sueh benefits shall be void: Provided, however. That if the employe receive* unemployment eompensation bene* fits, such amount or amounts so received, shall be credited as arainat the amount of the aerard made under the provisions of the Oceopational Disease Act. Section 20$. Jf ifuahTitv or drafA u compensable surfer flii cf, m person shall not be fid Me to anyone at common tote or otherwise on account of sweA duobtlify or rfeofA for o*v oet or omission octnri ing wide sueA person was n the some emptov as the person dsi&bled or killed, except for intent tonel wrong. ARTICLE ni wt cctut coanKUpox fteetfos 301. (a) When employer and employe shall by agreement, either express or implied, as hereinafter provided, accept the provisions of article three of this act. compensation for disability or death of sueh em ploye, caused by occupational disease, arising aot of and in the course of his employment, shall be paid by the employer, without regard to negligence, according to the schedule contained in sections three hondred and tit and there hundred and seven of this article, but-- L No compensation shall be paid when the disability or death is caused by the employe'* violation of law, but the burden of proof of such fact shall be upon the employer. 1 The maximum compensation payable under this article for disability, and death rmulting from silicosis, anthraeoaiiieo*ia, coat worker's pneumoconiosis, or babesiosis shall not exceed the sum of twelve thousand seven hundred fifty dollars ($12,750) whieh shall be crocooTa- 59 full and fomnli'l#1 p*rmp( for nil disability. |rriu nr future, or for death from mip(i orcnpaitnnsl ilitPMwi irMiiiif nm of employment ly any and nil employer* in thi* {'*nninnnw*nltli except tltat any employe who ha* received the tnoximnni mnitetmimn herein or hereto, fore payable shall he paid additional compensation in the amount of seventy.hve HuIInr* fg7.1 > per month for tirh mouth of total disability **eetirritig *laetnt to the month In whirl* such maximum eompeneatton ww received. provided that in the rase of any employe who Wfivtd the tnmimmn compensation herein or heretofore payable prior to the effective date of I hi* amending art, such additional compensation thall eon*, tntnw only with the month this aniemlhir art becomes effective. Such additional compensation which is paid to an employe who. on the effective date of this amend, in it act. ia receiving compensation or ha* theretofore received the maximum compensation prescribed, shall be paid by the Commonwealth. Such additional com. peusat ion paid to employe who first becomes entitled to compensation subsequent to the rfTectire dote of this amending act and who exhausts the maximum compen sation prescribed, shall hr paid from the same sourer or sources and is the same manner a* the prescribed maxi, mum compensation wax paid. (b) The right to receive compensation under this set shall not be affected by the fact that a minor is employed or la permitted to be employed in violation of the law* of this Commonwealth relating to the em ployment of minors, nr'that he obtained hia employment by misrepresenting hia age. (e) Compensation foe the occupational diseases enutnerated in this act shall he 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 pnpotation. ^Thrreerr compensable dis ability or death is mentioned as a cause for compensa tion under this act, it shall mean only eomiwnsablr dis. ability or death resulting from occupational disease and occuring wihin four years after the date of his last employment in such occupation or industry, (d) Compensation for siticosis. or anthraeo-silirosis, toal worker'a pneumoconiosis, and aabralnsi*. shall be paid only when it ia ahown that the employe has had an aggregate employment of at least two year* in the Commonwealth of Pennsylvania, during a period of ten years next preceding the dale of disability, tn an occupation having a silica, real, or asbestos haxard. (c) Compensation shall not br payable for partial disability due to silicosis, anthrsco silicosis, coal work. CtJ g: so fr'n pni'uiuoraniiwi*', or mU'kIomv CmpMtMlinti hi!l be pays hie. Ms mlifrwiM prorirtrd in this irt, for tot*) disability or l***llt rtii'rd by silicosis. ant hraro-silicosi*. toil worker'* pnriini'ifonioii'n, or aibntotit, or by lilicaut, anthttro-tilifaiit, coal **tkrr' pneumoconio sis, or ajtbtotii, when tttpnptniftl by Active pulsionary tuberculosis. (I) If it be shown that the employe, at or immedi ately before the date of iliwbUitjr, was employed in any occupation or industry in which the occupational dis ease is a hatanl, it ahaII be presumed that the employe's occupational disease arose out of and in the course of his employment, but this presumption shall not be con clusive. Of) The employer liable for the compensation pro vided by this article shall be the employer in whose employment the employe was 1**1 exposed to the haxsrd of the occupational disease claimed, regardless of the length of time of such last exposure: Provided. That when claimant alleges that disability or death waa doe to silicosis, anthraco-ailleosis, coal worker'* pneu moconiosis. aabestoaia 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 who*# employment the employe waa last exposed to the hazard of each occupational disease during a period of six months or more: And provided further. That m those case* where disability or death is not conclusively proven to be the result of inch last exposure, all compensation shall be paid by the Commonwealth. An exposure during a period of leas than six months after the effective date of this arl shall not be deemed an exposure. The notice of disability or death and claim shall be made to the em ployer who is liable under this subsection, his insnranee carrier, if any. and the Commonwealth. (h) Exerpt a* hereinafter provided, all compensation payable under this article shall be payable in periodic installments, ax the wage* of the employe were payable before the accident. (I) Notwithstanding any other provisions of thi* set. compensation for silicosis, snthr*eo-slli<*oi*. coal worker's ptltumievuiosis, and asbestos shall be paid for each month beginning with the month this amend ing aet beentries effective, nr beginning with the first month of disability, whichever occurs later, at the rate of aeventy-ilve dollars (f75) per mouth, to every em ploye totally disablril thereby as a result of exposure thereto, who has not therefore been eom|*emialed be cause his claim was barred by any of the time limits- l l'OCOO ^ ei turn* pfrorrihnl hr this *f(. and shall continue dnritig the prriiHl of xui-li tol*l disability. No oompenution undff thin shall b*> paid tn ant* employe who hu not f*pnMil tn a silica. rod, nr oibntoi hwtrd within thr Commm*wo* It h of Pennsylvania lor a ported of ttrn year*. SiitoNurml to thr eifretive data of thi* amending art of lflfift. it thall hr nrrrMir^ to ha a rwWrnt of PrnnvlTania in order to |iidifr for com* penaation. but not to rontinnr rrtriviot thr u>m after qualification, AH such romprnutwn to thow wlw latt exposure precede* thr effective dale of thi* amend ing1 act *h*H br paid by thr Commonwealth. Employe* whoar lilt exposure follow* tlir effective date of tbia amending act and who become entitled to thr com. pcnulion provided by thia sabaeelion ahall be paid aa provided hy thia act. An application for rompenaation tinder thia mbite* tion ahaII not br accepted from any person who. dor* if thr preentin* iij months has been determined to be ineligible hereunder. Every application ahalt be accompanied by two prints of the same recent photograph of the applicant, and sueh otber proof of identity** thr board ahall require. One of the print* ahall be stamped by the board and returned to the applicant, who ahall delieer It to the physician at tbe time of examination. The physician ahall attach the print to hta report to the board. ()) Every person heretofore or hereafter qualified for additional compensation under the provision* of clause 2 of subsection U1 or subsection (i) of this sec tion ahall, beginning with the month following the effective date of this amending set of 1!>S9. or the month of qualification, whichever oeeor* later, be paid fur ther compensation of twenty-five dollar* ft25) per month daring the-period of disability, fttieh forthcr 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 sourer aa the additional compensation pro vided in clause 2 of aubieetioa (at or subsection (l) of this section. SECTION 2. THIS ACT SHALT- TAKE EFFECT IMMEDIATELY. L 'F O E O O O a (kl Vpcn Hr mrf of coy benefit* mndor Me Fed eral Cool Mine Health *nd Safety Act of 1969 to a perron who u afro rrertVtnq or datniiw? monthly erapento(to* totally funded -by general revenue* of the Commonwealth of Pennsylvania under aubteetiotu (*), (i), or (j) of section Ml, stteh person shall hot*o fit* monthly enmpensntinn from general rerrnnt* of the  Commonwealth suspended effretire mtth the month 'fot* lomimj the month of award of Federal benefit*, tu may be eritlt need by a copy of the Federal atroret errtificaic. or effretire with tkn month of enactment of this amend* meat, whirhtrer is toter. t'pon any future oetion by the Voirret States ('entires*. Fedreel exeunt ire depart- #<(, err Federal courts which would moke pretent recipients under the Fenntyli'am Occupational Disease Aet elifrtble foe both Federal and Stole payments, the turn of mhieh mould exceed the maximum authorised Federal penment. the eligible recipients mould then re ceive rrfruoctirefv alt Stole povmenti that mere su*- pemdrd under the authority of this ewt- AH tuck recipients u'ho hare their fttnte payments suspended shall ran(in / their eligibility and entitlement under the Pennsylvania Occupational Disease ,VI and at any time in the future for mhoitrer reason that such re cipients ' payments under the Federal lam arc termi nated. suspended or reduecet their State payments shall be reinststuted tffsetire mith thr month following the month Federal benefits ore terminated. syspemded or redttefd. The recipients' entitlement to meekly com- pensatian and the maximum sum thereof provided n der clausa 2 of *u herehots fa) of section 301 shall remain unchanged, and mo reduction shall be made in the medi cal and hospital compensation payable under subsec tion If) of section 306 or in Ike burial expenses payable under clause.g.ofiseetiom 307t- nfi **. RECTI* IS 2. Till* ACT R1IAM. TAKE EFFECT IMMEDIATELY. B#eHo# SOI. () In every rontrrt of hiring made after Oclobfr flt. one th>uund ntnf hundred ind thirty-mar. and in every contract of hirinc renewed or extended by mutual consent, expressed nr implied, after aaid date, it shall be conclusively presumed that the partie* hare aerepted the provisions of article three of thia aet, and have agreed In be bound therrby, unless the employer shall post at hi* plant, office or pi are of boin a notice of hia intention not to pay such compentat ion or unless there be. at the time of the making, renewal, or extension of aoeh eontrart. an expreaa state. Men! in writing, from either party to the other, that the provision* of article three of this act are not intended to apply, and miles* a true copy of siteh posted notire or such written alatement. accompanied by proof of posting or proof of service thereof upon the other party, act tine forth uoder oath or affirmation the time, place, and manner of aueh posting or arrvire. be filed with the department within twenty day* after such posting or service. Every eontrart of hiring. oral, written, or implied from circumstance*, now in opera. 00304G 3 tion, or rat dr or implied on or before October first, one thousand nine hundred end thirty-nine. shall be tonftuHTrly prrsumrd to rontinue subject to the pro visions of irticlr three hereof, ttnlnu the employer shall on or befor* maid date either pet at him plant, office or plaee of business a notire of him intention not to pay oneb compensation or uuiess either parte that!, on or before maid date, in writing, haTe notified the other parly to moth contract that the provision* of article three hereof are not intended to apply, and unless there ahall be died with the department a tree ropy of each notice, together with proof of posting or aerviee, wit! in the time and in the manner hereinaboce pre scribed : Procided, however. That the peovimiona of thia aeetion ahall not be to construed aa to impair the oblira* tion of any contract now in force. Such posted notice hall constitute aufficient notice to all employes aod to the parents and (retardisns of all minor employe*, and a certified copy c( proof of posting or proof of service ahall be prima facie evidenre of notice. It shall not be lawful for any nffieer or arent of thi* Commonwealth, oe for any county, city, borough. town, or township therein, or for any officer nr agent thereof, or for any other governmental authority ereatrd by the laws of this Commonwealth, to give such notiee of rejection of the provfation* of thia artiele to any employe of the Commonwealth-or of aoeh governmental agency. (fc) After October first, nuf thousand nine hundred and thirty-nine,'an employer who permits the entry, upon premise* occupied by him or under his control, of a laborer or an assistant hired hy an employe or con* tractor, for the performance upon auch premises of a part of the employer's regular business entrusted to that employe or eontractor. shall he ronelusively pre. sumed to have agreed to pay to sneh laborer or assistant compensation in aeeonlanee with the provisions of article three, unless the employer shall post at hia plant, office or plaee of bnatnrss a notice of hi* intention not to pay such rompeusat ion. and unless there be filed with the department within twenty days thereafter, a true^ copy of such notice, together with proof of the posting of the same, setting forth upon oath or afflrma. tion the time, plaee, and manner of such pelting; and after October first, one thousand nin* hundred and thirty-nine, any such laborer or assistant who ahall enter ttpon premises occupied by or under control of aueh employer, for the purpose of doing such work, ahall be ennelusively presumed to have agreed to accept the com|>ensation provided in article three, in liru of his right of action under article two, unless he shall have given notice in writing to the employer, at the 003047 Si time of entering upon such eraplPTff i prrmiiH for the purpot* of tinp hi rk,f Kit intention not to aeetpt such rompensation. and unleu wjthin twenty days thereafter there thtll hove Keen filed with the deport ment a true ropy of tueh notiee, aeeompanied by proof of nervier thereof upon tilth employer, retting forth under ooth or tfflrmation the time, ploee, and manner of aueh ttrritt. And in tnth erne* where article three bind* such employer and ouch laborer or ouittant, it shall pot hr in effect between the intermediate em ployer or contractor and such laborer or acaiatant, onleaa otherwise expressly optnl. (el Any notiee given hereunder by an employer to his employe* need not be addreaaed to each employe individually, but may be addreaaed to all employes. Proof or service of any number of statement* or aoticrs may be made in one affidavit, but such affidavit shall stale the time and ptaee of eaefa service. Section 303. Such agreement shall constitute an acceptance of all the provision* of article three of this act. and shall operate as a surrender by the parties thereto of their riehis to any form or amount of com pensation or da mares for any disability or death re sulting from oceopstiona) disease, or to arty method of determination thereof, other than as provided in artiele three of this act. Such arreement shall bind the em ployer and his personal representative!, and the em ploye, his or her wife, or husbsnd. widow or widower, next of kin. aud other dependenta. fcetlsu 304. Any arreement between employee and employe for the operation or nonoperation of the pro. visions of article three of this *et rosy be terminated by the posting of notiee by the employer or by either party upon thirty days* notice to the other in writing, if a copy of ueh notiee, with proof of posting or proof of service, be filed in the department as provided in aeetlon three hundred and two of this article. IWctlou SOU Stilus 30U. The fiffrrlsry of Labor and fade*fry aAaU, *n'IA*u atariy ISO) days after the effective date af Hi* amendoJory act, prrpare a brochure of isilrsc. (its*, sett imp forth the ngh It of an rmplcvr in fAc event of disability or depth earned by occupational dis ease and informing him of (Ac time and meaner in tcAieA claims should be filed. A eopw of saeA brochure shotl be provided eaeA in*Kroner company authorised fo writt intnronee policies eavcrtnrj oernpahonal Jlissjsi under this act. S*eA iswcsscf companies sAoft perport at fAetr otea expense copies of toid ArocAttfe for Julnbu. ties to siscA insured rmptoyrrs. arA insurance com- GfOEO!)"> 65 pony shall prepare the hr**?Anets imw/rfulfly ipi receipt of Mr sample braehnte fram the Areretorv of .Labor mad Indnslrt in rmeh quantity as required by mp{ifrrr for distrihstfsHm to each emplo*e. The em ployer shall dittrilmti web Aff*nn It *^ emptv* I the i ttm'of kirinfj oifet te* rmek maimer rot plate tailh in thirty fJO) day* after (hr rreeipl of the brochure. 6action S0&. Every employer litklt under thU tt to pay ttnipfnwtiflii shell inoirr the pirtnrnl of com. twoutibn in I hi- Sittt Workmen's Iniurtntf Fund, or in any iitiiiranre company. nr mutual *Maei*iiti or company, authorised to insure mrh liability in this Common wealth, unless aueh eniplovrr shall hr exempted by Ihr department from such insurance. Such insurer shall tuumr the employer'* liability hereunder and b*JI be entitlrd to all of Ihr employer'* immunities and protection hereunder except that wh merer any emplnyrr thill have purehaied insurance to proeide hfiirfi* etidrr thit act to penou.s excluded from the definition of "employe** tinder section 104 of this act be eirine of briitp engaged in domestic aerriee or agriculture. neither the employer nor the insurer ahall be entitled to raise the defense of aueh exclusion. An employer desiring to be exempt from insuring the whol* or any part of his 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 authorising elicit exemption.: From a refusal of the department to isane sorb permit an appeal shall lie to the court of common pleas of Dauphin County. In any aueh appeal, the only question shall be whether the department abused it* discretion in refusing surh permit. The de partment shall establish`a period of tieel re- calendar months, to begin and end at aueh time* as the depart ment shall prescribe, srhirh shall be known as the an nual exemption period. Unless preciously Tfroked, all permit* issued tinder this are)ion shall expire and ter minate on the last day of the snnaal exemption period for trbieh thee were issued, permit* issued under thia aet shall be renewed upon the Aline 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 aueh employer appears no longer able to pay compensation, shall reeokc its permit grant ing exemption, itt which esse 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 preci sion* of this scctinn for every such failure shall, upon T, 003040 66 Mimmurr convict inn before any official of competent jurisdiction, bf ifntrnefd to par a fine of not Ifu than onf huudrfd iIaIIim or morr than five hundred dolltn, aim) r<ni of prowcutinn, or imprisonment for a ptriod of itot morr Ilian six month*, or both, Every day's vio* tat ion shall constitute a separate offense. It ahall be I hr duty of the department to enforce the provision* of this writoR. anti tl ahall inmti(tt all violations that arr brought to it* notice and ahall institute prosecution* for violation* thrreof. All fines recovered undtr the provision* of thit iKtivn ahall far paid to the depart* mmt and by it paid into tbe State Truiury, Section 306. The following schedule of eompcnsa- lion ia hereby established subject to tbe limitation* of section 301 ; (a) For total disability sixty.*ix and two*thirds per centum of the wages of the diaabled employe aa defined in section three bnntlrrd and nine, beginning after the seventh day of total disability, and payable for tbe deration of total disability but tbe compensation shall pot be more than sixty dollars per week nor leas than tbirtv.flre dollars per week. If *t tbe time when dr*, ability begin*, the employe receives wage* of 35.00 dollars per week or Irat, then he ahall receive ninety per eentom et the wages per week as compensation, hot in no event less than twenty.two dollars per week, ftothiog in this clause shall require payment of com* pensation after diaabUity shall erase. ,.(b) For diaabUity partial in character (except tbe particular eases mentioned in clause (e)> sixty-six and two thirds per eentom of, the difference between tbe vp* of`the disabled employe, aa defined in section three hundred and nine, and tbe earning power of tbe employe thereafter; bnt such compensation shall not be more than forty.ftve dollar* per week. This compen sation ahall be paid during the period of ruch partial disability except aa provided in elsnae (<) of this sec tion, bnt not more than three bondrrd and fifty weTka. Should total diaabUity be followed by partial disability, tbe period of three hundred and fifty weeks shall not be reduced by the number of weeks during whieh com pensation was paid for total disability. The term '`earn ing power." as nard in this section, shall in no esse be lem than Ihf weekly amount which tbe employe re* cvtvei after diaabUity begins, and in those case* in whieh-the employe works fewer than five days per week for reason* not connected with or arising oot of the disability resulting from the injury shall not be Ifm than.five times hi* actual daily wage as fixed by the day. hour, or by tbe output of the employe, and in no instance shall an employe receiving compensation under O'.'OCOO 67 this section nert m compensation and mnbintd this & fellow employe is employment umiUr to that in which the injured employe vu engaged at the time of disability. (e) For ell disability rentUat from leu or leu of the use of members resulting from occupational disease, the compensation shall be exclusively aa follows: For the loos of 'hand. sixty-six and two-thirds per eestnm of wages daring one hundred and seveaty*fl*e weeks. For the loos of a forearm, sixtywix and two-thirds per contain of wage* daring one hundred and ninetyflee week*. For the low of an arm, rixty-eix and two-thirds per centum of wages during two hundred and fifteen weeks. For the less of a foot, sixty-aix and two-thirds per centum of woges during one hundred and fifty weeks. For the loss of a lower leg, sixty-aix and two-thirds per centum of wages daring one hundred and eighty weeks. For the toss of a leg, sixty-eix and two-thirds per eeotam of wages daring two hundred and fifteen weeks. For the lota of an eye, aixty-eix and two-thirds per eentam of wages during one hundred and fifty weeks. For the complete loss of hearing, in both earn, sixtysix and two-third* per centum of wages during one hundred sad eighty weeks.- For the loss of a thumb, aixty-eix and two-thirds per eeatum of wges daring sixty weeks. For the less of a-first finger, commonly railed index finger, sixty-six and two-third* per centum of wages daring thirty-five weeim. For the loss of a second finger, elxty-six and twothirds per eeotam of wages during thirty weeks. For the lorn of a third finger, saxty-aix and two-thirds per centum of wages during twenty weeks. For the loss of a fourth finger, commonly called little finger, sixty-six and two-tbirds per centum of wages during fifteen weeks. The lorn of the lint phalange of the thumb shall be considered the loss of the thumb. The loss of a sub stantial port of the first phalange of the thumb shall be considered the loos of- one-half of the thumb. The loos of any substantial part of the first phalange of a finger, or an amputation immediately below the first phalange for the purpose of providing sn optimum surgical result, shall be considered loss of onr-bslf of thr Auger. Any greater loss shall be considered the loss of the entire finger. The loss of one-hall of the thumb, or a Sager, shall bs compensated at the same rate aa for the loss of a thumb 003051 66 or finger but for oi^-hilf of thr period provided for the loss of a thumb or Antrer. For the Iom of. or prrmanent Iom of the uir of. ny two or more surh members, not constituting teul dis ability, sixtv.six and two-thirds per eentum of wares during the aggregate of the period* specified for eseh. For the lorn of i irreat toe, ii)ttr4ii and two-third* per ecmum of wattes dorin* forty weeks. For the loss of any other toe. sixty-aix and two-third* per eentnm of eipi during sixteen weeks. The loss of the first phalange of the great toe, or of any toe. tball be considered equivalent to the loss of one-ha If of sueh greet toe, or other toe. aod shall be compensated at the wme rate as for tbe loss of a great tor, or other tor, but for one-half of tbe 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 the loss of the entire great toe or other toe. For the less of, or permanent lose of the nae of any two or more eueh member*, net censtitoting total dis ability, sixty-six and two.thirds per centum of wage* during thr aggregate of the period* specified for each. Unless the board shall otherwise determine, the loss of both handa or both arms or both feet or both legs or both eyes shall eonetitote total disability, to be com pensated according to the provisions of elsaae (a). Amputation at the wrist sbaU be considered aa the equivalrnt of the loss of a band, and amputation at the ankle shall be considered aa the eqnivalcnt of tbe loaa of a foot.- Ampotation between the wrist and the elbow shall be considered aa the loss of a forearm, and ampu tation between the ankle and the knee shall be con sidered aa the loss of a lower leg. Amputation at or above tbe elbow shall be considered as the Iota of an arm and amputation at or above the knee shall bs considered as the loss of a leg. Permanent loss of the te of a hand, arm, foot, leg, eye, finger, or thumb, great toe or other top, shall be considered aa the equivalent of the loss of ioeh hand, arm, loot, leg. eye, finger, or thumb, great toe or other toe. In addition to thr payments hereinbefore provided for disabilities of the classes specified, any period of disability neteaaary and required aa a healing period shall be compensated in accordance with the provisions of this subsection. The healing period shall end (I) when the claimant returns to employment without im pairment in earnings, or (II) on the last day of tbe period specified in the following table, whichever it tbe earlier: Tor tbe Ions of a hand, twenty weeks. to 69 For the lou of lorrirn, twenty wffki. For the lota of an arm. twenty weekly For thr low of foot* t*fnly*flrr wki For (hr Jo** of thr lower leg, twenty-five week*. For thr loss of A lt(, lwrnty.rtrr weeka. For thr loss of an eye, ten weeks. For thr Ion of hearing. ten weeks. For thr loss of a thumb or any part thereof, ten weeks. For the loss of any other finder or any part thereof, six weeks. For the Ion of a great lor or any part thereof, twelve weeks. For the low of any other toe or any part thereof, sis weeks. This rnntfennttoii shill not be more than sixty dol. lar* per wrek nor lea* than thirty-five dollar* per week . Provided. That if at the time of disability the employe receive* war** of thirty-five dollar* per week or less, then he shall rereive ninety per centum of aurh wages per week a* rnmppiuttisn, but in no event leva than twefity.two dollars pee week. When an employe work* durine* the healing period, hi* wage* and earning power shall be a* defined in this aet. and ha ahall not receive more in wares and compensation combined than hi* vtfe* at the time of disability a* defined in section 309. Where any sneh injury or injuries shat) repairr an amputation *t a time after the end of the healinr period hrrrinbefore provided, the employe shall be entitled to receive eompensation for the seeond healing period, and in the ease of a second injury or amputation to the same limb prior to the expiration of the first healing period, a new healing period shall eommenee for the period hereinbefore provided and no further compen sation shall be payable for the first healing period. (d) "Where at the time of disability, the employ* incurs other disabilities, seperate from those which re tail in permanent disabilities enumerated to elauae (c) of this section, the number of weeks lor wbleh compen sation is specified for the permanent disabilities shall begin at the end ot the period of temporary' total dis ability which reunite from the other seperatr disability, but in that event the employe shall not nttWr compen sation provided in etanse fe) 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. CO cn 70 fej No compensation shall bn allowed frr the first seven day* after disability begins, except a* provided In this clause fe* and clause Cf) of this section. If the period of disability lasts room than six week* after disability begin*, the employe ahall also receive com* penaatinn for the first seven days of disability. (f) During the fint six month* after disability be. gins, the employer shall furnish reasonable surricsl and medical services, medicines, and supplies, aa and when needed, unless the employe refuses to allow them to be furnished by the employee. The cost of such service*, medicines, and sopplir*. shall not exceed seven hundred fifty dollars. If the employer shall, upon application made to him. refuse to furnish such arrviees. medicines, and supplies, 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, acreire*, and supplies and orthopedic appliances and proathrars, shall be furnished by the employer for the said period of six months. The board may order further medieal, surgical and hospital services if it is estab. fished that further care will result in restoring the disabled employe's earning power to a aubstanual de gree. In eaeh ordrr thr hoard (hall speeify the maxi, ana period and the maximum costs of the treatment designed for thr employe'* rehabilitation. The cost of such hospital treatment, icrrict, and supplies, shall not in any esse exceed the prevailing charge in the hospital for tike merrier* to other individual*. If thr employe shall refuse reasonable surgical, medieal, and hospital service*, medirine*. and mtpplies, tendered to him by bis employer, he shall forfeit all rights to compensation for disability or any increase in his disability shown to have resulted from mteh refusal. "Whenever an employe shall have suffered thr lo*a of a limb, part nf a limb, or an eye, the employer shall furnish to the employe in addition to the aforementioned surgical and medical services, services rendered by duly licensed practition er* of the healing art*, medicines and supplies, or arti ficial limb or eye or other prosthese* of a type nd kind recommended by the doctor attending soeh employe in connection with such injury as well at such training as may be required in thr proper use of such pro*thee. The provision* of this section shall apply to occupa tional disease* where no loss of earning power occurs, fg) Should thr emp) ye die from some other cause than thr occupational disease, the liability for compen sation shall cease. Saotfon SOT, Jn ease of death resulting from occu pational disease, compensation shall be computed on thr soeoo^ 71 following buii, isd distribute to the following per* sons, subject to the limitations of section 3011 1. If there he no widow nor widower entitled to eompensation.compensation shall be paid to the guardisn of the child or children, or if there be no guardian, to such other person* at mar be designated by the board as hereinafter provided, as follows; (a) If there be one ehild. tKirty*t per centum of wages of deceased, bat not in excess of twtty-flee do)* lars per week. (b) If there he two children, forty.two per centum of w|h f deceased, bnt not is exeeaa of thirty-three dollars per week. (c) ff there be three children. Mty-tw per centum of ware* of deceased, but not in excess of forty*oo dollar* per week. (d) tf there be font children, sixty-two per centum of wages of deceased, bnt not in excess of forty-eight dollars per week. (e) If there be Are children, sixty-four per centum of wages of deceased, but not in excess ol fifty-four dol lars per week. (f) ff there be six or more ehildrru, sixty-six and two-thirds per centum of wages of deceased, but not ha excess of sixty dollars per week. 2. To the widow or widower, II there he no ehSdrea, flffy-one per centum of wages, bnt not in excess of thirty-nine dollars per week. 3. To the widow or widower. If there be one child, sixty per centum of wages, but not in txttn of loftysix dollars per week. 4. To the widow or widower, if there be two chil dren. sixty-six and two-thirda per centum of wages, bnt not in excess of fifty-four dollars per week. 5. To the widow or widower,- if there be three or mere children, sixty-six and two-thirds per centnm of wages, bnt not in exresa 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 tc any extent upon the employe at the time of his death, thirty-two per centum of wages, bnt not in exer* of twenty-fire dollars per weeki Pro vided, however, That in the case of a minor child who has been contributing to his parents, the dependency of said parent* shall be presamfd; And provided far ther, That if the father or mother was totally depen dent upon the deceased employe at the time of bis death, the compensation payable to aneh father or mother shall be flfly-two per centum of wages, bnt not in excess of thirty-eight dollars per week. tf P o 03 CD cn ci 72 7* If there be neither widow, widower, children, nor dependent parent, entitled to compensation, then to the brothers and aislers, it Mtuillf dependent open the decedent for support *t the time of bis dcsth, twenty-two per centum of wages for one brother or sister, and five per centum additional foe eaeb addi tions! brother or sister, with a maximum of thirty-two per centum, neb compensation to be paid to tbeir 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 dependeota as aforesaid, tbe reasonable expense of burial, not exceeding seven hundred fifty dollars, srhieh shall be paid by the em ployer or insurer directly to the undertaker {without deduction of any ameants theretofore paid for eomptn. sation or for medical expenses!. Compensation shall be payable under this section to or on account of any child, brother, or sister, only if and while such child, brother, or sister is under tbe age of eighteen. No compensation shall be payable under this section to a widow, unless she living with her deceased husband at the lime of bis death, or wax then actually dependent upon him and receiving from him a substantia) portion of her support. No compensation shall be payable under this seetion to a widower, unless ha be incapable of self-support at tbe time of bis wife's death and be at neb time dependent Upon her for support, If members of decedent's house hold at tbe time of him death, the terms "child" and "children" shall ioelode step children, adopled children, and children to whom he atood in loco parentis, and hall include poathnmooa children. Should any de pendent of a deceased employe die or remarry, or should tbe widower become capable of self-support, the right of soeh dependent or widower to compensa tion under this section shall cease. Provided, however. That if. upon iuvesligation and hearing, it shall be as certained that tbe widow or widower is lieing with a nan or woman, as the ease may be, in meretricious relationship and not married, or the widow living a life of prostitution, the board may order the termina tion of compensation payable to such widow or wid ower. If tb$ compensation payable under this section to any person aboil, for any cause, cease, tbe compensa tion to the remaining persons entitled thereunder shall thereafter be the name as would have been payable to them had they been the only persons entitled to com pensation at the time of the death of the deceased. The wages upon which death compensation shall be baaed shall not in any case be taken to exceed ainttj 9Q0C00 '* 73 dollars per nor hr Iras than fifty dollars per wwk. The board may. ir the bt inlrrr* of * rhild or children shod so require, at my timr order and dieert thr compensation payable to a child or ehildrrn. or to a widow or a widower, on account of any child or ehil* dren. to be paid to the guardian of *neh child or ehi|. dren, or. if there be no guardian. to sueh other person as the board, a* hereinafter provided, may direct. If there be no guardian or committee of any minor. de. pendent, or insane employe, or dependent, on whose account compensation is payable, the amount pa ye hie on account of such minor, dependent, or incanr employe, or dependent may he paid to any surviving parent, or to such other person as the board may order and direct, and the board may repuirr any person, other than a guardian or committee, to whom it has directed com pensation for a minor, dependent, or insane employe, or dependent to be paid, to render, as and when it shall 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 moneys received by aoeh person. Soctton 908. (a) When compensation is awarded bevaoae of disability or death caused by ailicoais, anthraco-stljeosis, coal worker's pneomoennioata, ashes* teais, 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 (*) 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 eentum. (b) Compensation payable by the Commonwealth under subsection fa) of this section shall be paid oot of appropriations made from time to time to the depart ment ont of the General Fund in the Slate Treasury. (e) In all claims for compensation partially payable by the Commonwealth, under subsection <a> of this action, the department shall be designated as a codefendant. (d) In all agreement* for the payment of compensa tion and all award*, the amount payable by the em ployer and the amount payable liy the Commonwealth ahatl he separately stated. An award against the em ployer shall be for only the percentage of the total compensation which the employer i* obligated to pay under subsection tat of this section, hot to exceed the fated percentage of the maximum payable by the cm- CO o cn n plover nnHer section 3fll (*) 2 of this irt, nr if rrHinii 301 () 2 be inuppliriblr. then nmlrr rrimn 300 anti 307 nf this art. A wparnr w*trt shall b" made against the f'ommonwealth for the balance of Ih comped** I inn parable under uM section*. tvhieh shall he payable out of appropriation* made a* aforesaid. Nothing in thia action thill prohibit the Commonwealth from enterin* into agreement* tn par the compensation for whieh it u liable: Provided. however. That where compensa tion h payable under the provision* of aubteetion It) of thia tectiiB, the Commonwealth abal) not enter into n arreement unless the employer is a party to the agreement: And prorided further. That any aueh agreetaent fthall contain fact* mfllritat to entitle the elatmant to compensation and *hall be accompanied by a aopportin* medical certificate. All aueh agreement* bail be approved by the board or by a referee. Section 309. TThtotwr m thia article the term "wigei" ts used. it ahall be construed to mean the aver, age weekly wage* of the employe aacertaioed *.* follow*: (a) If at the time of the disability the w*ge*are fixed by the week, the amount so fixed ahall be the average weekly wage. (b) If at the time of the disability the ware* are fixrd by the mouth, the average weekly wage shall be the monthly wage ao fixed, multiplied by twelve and diided by fifty-two. (e) If at the time of the disability the wage* are fixed by the year, tbe average weekly wage ahall be the yearly wage ao fixed, divided by fifty-two. (d) If at the time of tha disability tbe wares are fixed by the day, hour, or by tbe outpnt of tbe em ploye, the average weekly wage *hall be the ware most favorable to the employe, computed 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 week* immediately preceding the dis ability, or in case the employe receive* wagrs monthly or semi-monthly, by dividing by thirteen the total wage* uf aaid employe earned in the employ of the employer in the fimt, aeeond, third, or fourth period of three consecutive calendar month* in the year immediately preceding the disability. If the employe ha* been in the employ of employer less than thirteen calendar week*, for three calendar months if the employe receive* wage* monthly, or semi monthly) immediately preceding the di*abiH*y, hit average weekly wage ahall be computed under the S0C00 o CO 75 foregoing paragraph, taking "total for sueh purpo** to be the amount h* would ha** earned had hr bffn to employed hr employer Ihf full thirteeo calendar wwiit for three calendar month*) imme- diately preceding th* disability, and had worked when work -ik available to other employ*" in a similar occupation, union it be conclusively thorn that, by resion of exceptional cause*, atteh method of eompnta- tion does not ascertain fairly the "total wages" ot th* employe so employed leas than thirteen calendar weeks (or three calendar month#). (e) In occupations which arc vxrtuaively seasonal, and therefore cannot be carried on throughout tbe year, the average weekly wage shall be taken to be one* fiftieth of the total wages whirh the employe has earned from all occupation# during the twelve calendar month* immediately preceding the disability, unlesa it be shown that during sueh year, by reason of exceptional causes, sueh method of computation doe* not aserrtain fairly the earnings of the^employe, in which ease the period for calculation shall be extended ao far as to give * basis for the fair ascertainment of hia average weekly earnings. Tbe ttrm* "average weekly wage" and "total wages," as nted in this section, shall include board and lodging received from the employer, and when ao received, the board shall be rated at two dollars per day if more than one meal ia served, and one dollar per day if only one meal i* served, and lodging shall be rated at one dollar and fifty cent* per day. In employment# in whieh employes customarily receive not less than onethird of their remuneration in tips or gratuities not paid by the employer, gratuities ahall be added to the wages received at the rate of two dollars per day; bat tuefa terms shall not include amount# dedueted by the employer under the eontratl of hiring for labor furnished, or paid for by the employer, and neeeary for tbe performtare of snrh contract by the employe: nor shall such term* include deductions from wages due the employer for rent, and supplies necessary for the employe'# use in tbe performance of hia labor. "Where the employe is working under eoneorrrut coatrccl* with two or more employers, and tbe de fendant employer has-knowledge of sueh employment prior to the disability, his wages from all each em ployers shall be considered as it tarred from the employer liable for compensation. Jf under clauses (a), (b). (e). (d). and fe) or this section the amount determined ia its* than if com puted as follows, this computation shall apply, vis; divide the total wage# earned by the employe daring 00305 7G the Uit two eomplftfd calendar quoners with the tame employer by the Dumber nt diyt h worked for such employer during turh period multiplied by five. The weekly wage upon which compensation nhill he computed, shall be the wage earned by the employe in hi* last employment in'the occupation or industry in wbieh the occupational disease ia a haxard. Section 330. Alien widows, children and parenta. 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 loreitrn country in wbieh the widow, ehildren or parents rrtide. Alien widowers, brothers and sitters who are not resi 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 absenee of proof tbat the alien widow or parent baa actually been receiving a substantial portion of his or her snppert 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 neb foreign eonntry, then bo compensation shall accrue or be pay able while meh prohibition remains in effect and, tmlem meh prohibition is removed wjtbin six years from the date of death, all obligation to pay compen sation under this section shall be forever extinguished. In every instance where an award is made to alien widows, children or parents, not residents in the United States, the referee or tbe board shall, in the award, fix the amount of any fee allowed to any person for services in connection with presenting the claim, and it ahall 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 gceept any re muneration for the services ether than that provided by tbe referee or board. Section 333. Unless the employe or someone in his behalf, or some of the dependents or someone in their behalf, ahall give notice of disability to tbe employer liable for compensation under this article- within twenty-one days after compenaablr disability begin*, no compensation ahall be doe until such notice be given, and unless sueh notice be given within one hondeed and twenty days after tbe beginning of com pensable disability no compensation shall be allowed. Vj3 P 003060 TT Section 312. The notice referred In in nrntitn Ihrrf hundred and eleven shall inform the employer that a eprtKin nniplnm bffimn diihlnf i* a result of the oeeupational disease, deseribed in ordinary' Isnruaee, in the course of hi* employment on or about a npctificd time. Btetien 313. The notice referred to m imioni three hundred and eieeenand three hundred and twelve nty be given to the immediate nr other tuprrw of the employe, to the employer, or any arent of the employer regularly employed at the place ot employment of the disabled employe. Beetion 314. At any time after disability begins, the employe must submit himself for examination, at aome reasonable time and place, to a phyaieian oe phy sicians legally authorized to practice under the laws of sueh place, who shall be selected and paid hy the em ployer. or thr Commonwealth, and the report of the examination of thr physician, with hi* testimony, shall be made a pari of the yeeord before a Haim for disability shall be allowed by the referee of the board: Provided, That in the ease 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 ahalt file a report and testify and who halt not be allowed under any eirenmstanees to adopt the report or the testimony or the examination ot the physician of any other party. If the employe ahall refme to submit to the examination by the physician or pbysieiana aeleeted by the employer or the Common wealth. the board shall order the employe to rabmit to an examination at a time and place set by it and by the physician or physicians aeleeted and paid by the tmpi oyer or the Commonwealth, nr by a physicj an or physicians designated by it and paid by the employer or the Commonwealth. The hoard may at any time alter meh first examination order the employe to submit him self to aoeh further examinations as it shall deem rea sonable and necessary, at such times and places and by aoch physicians as at may designate: and, in such case, the employer or the Commonwealth shall pay the fees and expenses of the examining phyaieian or physician*, and the reasonable traveling expenses amt loss of wages incurred by the employe in order to submit himself to soeh examination. The refnsal or nerlert, without rea sonable cause or excuse, of the employe to submit to aoeb examination ordered by the board, either before or after ait agreement or award, shall deprive him of 3c 003061 78 the right In r(irnpciMlinn umirr tlii>~ (irtiHr, (turn?* the emit immure of surh refill*I nr neglect, unit the period of aurh neglect or rrfuui shall bn deducted from the P*riwl (Itirinc which rnniprii'wtion wtdd otherwise bf payable. Thr employe shall bn entitled to hare a physician or physicians of hi* own selection. to bn paid by him. par. titipilr in any examination ordered by thn board. Saidton 315, In rwn of diabililr all rltim* for compensation shall bn forever barred, imlena. within sixteen muulh* after compensable disability begins, the ptnitt shall have agreed upon the rotnjtttion pay* able onder this artirle. or onlrsa, within sixteen month* after compensable disability begin*, nnn of the parties aha!) have filed a petilionta* provided in artirle four hereof. In raw of death at) riaima f*r compensation ahall be forever barred, unleut, within sixteen month* after the death, the parties ahall have armed.upon the compensation payable under this artiete. nr unless, within sixteen month* after the dee ..one nf the parties ahall bare filed a petition as prov ,,ed in artirle four hereof. Where, however, payments of compensation have been made in any case, said limitations shall not take effect until the expiration of sixteen months from the time of the making of the most reeent payment made prior to the date of filing etteh petition. In case* of total disability from silicosis, anthrtco* silicosis, coal worker's pneumoconiosis. and asbestosis where the claim is allowed, compensation shall be pay* able and commence ax of the date the claim is filed. Section 318. The compensation contemplated by this article may at any time be eotnmttled by thr board, at its then value- when discounted at five per eentno interest, with annual rests, upon application of either party, with line notice to the other, if it appear that sneh commutation will be for the best interest oT the employe or the dependents of the deceased employe, ami that it wilt amid undue e'xpense or undue hardship to either party, or that aneh employe or dependent has removed or is about to remove from the Vnited fit a tea, or that the eriiployer has sold or otherwise disposed of the whole or the greater part of his business or assets: Provided, however. That unless the employer agrees to make ueb commutation, the board may require the employe or the dependrnt* of the deceased employe to fnmi-ah proper indemnity safeguarding the employer'* right*. o o CO o CD to 7^ Section 317. Al any time after the approval of m agreement nr afl*-r tin* entry *>f tin- award, 3 auto equal to all fnturr itotalnu-m* of may (whtTf deni)' or the not nr.* nl ll- tlisahihlv render* the a motint of future payment* rertnm'i. with the approval of the board. lie paid l_v the rmplovrr to ant* tivin^t bank, trust rompiny, ue life insiwnnee fcmv*>T. in gt>*>d ataiidiiie ami attllmrtrrd to .In business in thia Corareon* wealth, ami twli Mini, together with all interest there* on, shall thereafter be held in trust for the employe or the dependent* f the employe, who ihall have no further rrroursr against the rmplnyrr. The payment of atteli sum by the employer. evidmeed hy the receipt of the trustee noted upon the prothonoiary'a docket, shall operate s a satisfaction of xniii award at tn the employer. Payment* from said fund ahall he made by the trustee in the same amount* and at the same period* a* are herein required of the employer, until said fund and interest shall be exhausted. In the appointment of the trustee preferenee ahall be given, in the diseretion of the hoard, to the choice of the employe or. the dependents of the deceased employe. Should, however, there remain any unexpepdrd balance of any fund after the payment of all xttnt doe under this art. su?h balance shat) l*e repaid to the employer who made the original payment, or to hia legal repre sentatives. Section 318. The right of compensation granted by this article shall have the same preference (without limit of amount 1 against the asset* of an employer, liable for tueh compensation, as is now or may hereafter be allowed by law for a claim for unpaid wage* for labor: Provided, however. That tw claim tor compensation ahall have priority over any judgment, mortgage, or eonvryan?e of land recorded prior to the filing of the petition, award, or agreement a* to compensation in the office of the prothonotary i>( the roumy in which the land is situated. Claims for payments due under this article of this act and compensation payment* tn*de by virtue thereof shall not be assignable, and (except a* provided in section three hundred and nineteen of arti cle three and section five hundred and one of article five hereof! shall be exempt from all claims of credi tor*, and from levy, execution, or attachment, which exemption may not be waived. jjC 0030G3 Section 319. Where the compensable disability ts 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, hi* eatatr or his dependents, against such third party for so the bsianee of any sum recovered in litigstion. or paid in compromise settlement. after subtraction of rrasonable attorney's fee* and other proper disbursements, but only to the exteot of the compensation payable uoder (hi* article by the employer. Any recovery against such third person in excess of the compensa tion theretofore paid by the employer shall be paid forthwith to the employe or to the dependents, and ahaU be treated at an adeanee payment by tbe em ployer on aeeount of any futQre rextallmenta of com pensation. "Where an employe has received payment* for tbe 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 snder 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 snbrogation is agreed to by the parties or is established at the time of hearing before tbe referee or the board. Section 320. fa) If the employe is a minor, nodcr tbe age of eighteen years, employed or permitted to work in violation of any provision of tbe laws of this Commonwealth relating to minors of snch age. com pensation, either in tbe ease of disability or death of meh employe, shall be one hundred and fifty per centum of tbe amount that would be payable to roeh minor if legally employed. The amount by whieh meh compen sation shall exceed that provided for in rate of legal employment may b* referred to as "additional com pensation." fb) The employer and not the insurance carrier shall be liable for the additional compensation. Any provi sion in an insurance peltry undertaking to relieve an employer from aueh liability shall be void. (e) Where death or the nature of thr disability ren ders the amount of future payment* certain, the total amount of the additional compensation, subject to diseenut as in the ease of commutation, shall be immedi ately due and payable. It shall be deposited, subject to the approval of the board, in any saving* bank, trust company, or life insurance company in good standing and authorised to do business in this Commonwealth. Where the amount of the future payments of com pensation is uncertain, the board shall, upon the ap proval of the agreement or the entry of an award, determine as nearly a* may be the total amount of pay ment to be made, and the additional compensation so "gp 003GG4 ei ralrtitninl shall. imRiMiil*i.<r upon urh determination, b^mnit- (i# *ii*l piynhlf by the fmploy^r. Tlif amount may be redetermined by the board. and any increase hall then h**mn* du and ptrabb. and any rjcm, which hall b<* shown to have boon paid, shall be re* turned to the person paying1 the unr. Vpon deter mination of the amount due. it shall be deposited as above provided. Pirmeot* nt compensation out of deposits Khali be marie to the employe or dependents as payments of other compensation are made: Provided, however. That the board may, in its discretion and npnn inquiry as in eases of commutation, accelerate such payments. <d) The provisions of the foregoing paragraph (e) shall not apply to employers who are exempted by the department from the necessity of carrying insurance. te) Possession of an employment certificate, doty is sued and transmitted to the employer ia accordance with the provisions of the child labor law. and rrrript thereof duly acknowledged by him. ahall be conclusive evidence to such employer of his legal right to employ the zntnor for whose employment such certificate has brrn issued. (f) The possession of an age certificate, duly issued and transmitted to the employer by the school authori ties of the school district in trhteh a minor resides, shall be conclusive evidence to the etnplojer of tbe minor's age as certified therein, (g) If neither party has eleeted not to be boned by the provisions of article three of the act to which this aet is an amendment, in the manner prescribed by *eetion three hundred and two of uid set. thry shall be held to have agreed to be bound hy the provisions of this aet. and to have waived any other right or remedy at law or in. equity, for the recovery of damages for injuries occurring under the circumstance* herrtu described. ARTICLE TV nutcavxz Beetle 401. The term "employer" when need in this article, shall '"mean the employer a* defined in Srtiele one of this aet, or hi* duly authorized agent, or hi* insurer if snrh 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 ahall he deemed a "party in interest" In any proceeding under this nrtielr belore a referre, 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 aet. G90C00 ^ faction 403. Aet 482. 82 Repeal'd January 2, 1952, P, L, 1811, Rsttlun 403. (a) All proceeding* before the board or any referee, and all appeals to the board, shall be Instituted by petition addressed to the board. All petitiosi shall be in writing and in tb* form presented by the board. fb) All petitions, all eepiea of agreements for com pensation, and all papers requiring action by the board, ball bs mailed or delivered to the department at ita principal office. Bocttton 404. The department shall. Immediately npon their receipt, properly file and docket all peti tions, agreements for compensation, finding* of tact by the board or any referee, awards or disallow aoees of compensation, or modifications thereof, and all other reports or papers filed with it under the provisions of this aet or the mica or regulations of the board, gocthm 400. Immediately npon receiving from the board or any referee any award or diaallewauee of compensation, or any modification thereof, or any other decision, the deparmnent ahall serve a eopy thereof on all parties in interest. Section 406. All notices and copies to which any party shall be entitled under the provisions of this article shall be served by mall, or in *oth manner as tbe board shall direct. For the purpose* of this article any notice or eopy shall be deemed served on the date when mailed, properly stamped and addressed, and shall be promoted to have reached the party to be served; bnt any pnrty may tbow by competent evidence that any notiee or copy was not received, or that there was an nnnroal or onreasonable delay in its transmission through the mails. In any sneh ease proper allowance ball be made for the party's fail ore within the pre scribed time to assert nny right given him by this set. The department, the secretary of the board, and very referey, shall keep a earefnl record of the date of mailing every notice and eopy required by tbia aet to be served on the partita in interest. 99QC00^L Section 407. On or after the seventh day after din. ability shall have begun or death shall have occurred, the employer and employe or his dependents may agree npon the compensation payable to the employe or his dependents tinder this act; bnt any agreement reads prior to the sevrnth day after tbe disability shall have 83 begun or the death shall have occurred, or permitting * commutation of payments contrary to the provision* of this act, or t*rrinc the amount to be paid or the period durinr which compensation shall be payable as pro* vided in this art, shall be wholly noli and void. It shall be unlawful for any employer to aeeept a receipt show, iag the payment of compensation when in faet no aneb payment baa been made. All agreements made m aeeordance with the prori. ion of this section shall be In writing, and ligurd by all parties In interest. All agreements for compensation and all supple* mental agreements for the modification, suspension, reinstatement, or termination thereof, and all receipts executed by any employe el whalerer arc, or by any dependent to whom compensation is payable under sec* tion three hundred and seren, and who has attained the age of sixteen years, shall be ralid and binding tmleos modified or set aside as hereinafter provided. Section 40&. A11 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, reenrred, or temporarily or finally terminated, or if tbe status of any dependent has ehmnged. Soetioa 409, 'Whenever an agreement or supple mentsi agreement shall be- executed between an era* pi oyer and employe or his dependents as provided by this set, tueh agreement shall be executed in triplicate. Two eopies thereof, signed by all parties in interest, hall be mailed or delivered to the department within thirty days after exeention. It ahall be tbe doty of tbe department to examine tbe agreement to determine whether it conforms to the provisions of section fonr hundred and seren, to notify the partie* thereto of its validity or invalidity, under the aforesaid section, within thirty day* after the ropirs of the agreement bare been mailed or delivered to it, and, if the agree* ment be approved, to send to the employe or depend* ents. together with such notification of its approval, h copy of the agreemefi't: Provided, however. That any payment made in aeeordance with any agreement prior to the reeeipt of notice of invalidity shall discharge pro tmnto the liability, under article three of tbit act, f tbe employer making rueb payments^ Bsctluii 410. If, after any disability or drsth, the employer and the employe or his dependents ahall fail agree upon the facta thereof and the compe:*4*Uon Jc O03GG7 54 doc under this att, the employ* or fait dependent* may present a elaim for compensation to the board. WhtMftr any tfatn for tempmtlioo it pretested to the botrd, and is finally adjudicated is favor of the elaimsnt, the ssoont* of compensation actually dot at the time the first payment Is mode after troth adjudica tion shall bear interest at the rate of six per eenturo per annum from the day auefa elaim it presented, and sueh interest shall be payable to the same persona to whom the compensation is payable. In case any claimant shall die before the final adjudi cation of his claim, the amount of compensation doe roeb claimant to the date of death shall be paid to the dependents entitled to compensation, of, if there be no dependents, tben to the estate of tbe decedent. Section ill. "Whenever the employer and the cmploye or his dependents shall, on or alter the seventh day after any disability begins nr death occnra. agree on tbe faeta on wbieh a claim for compensation de pends, bat shall fail to agree on tbe compensation payable thereunder, they may petition the board to determine tbe compensation payable. Such petition shall contain the agreed (seta, and shall be signed by all parties in tstcrent. Tbe board sbaU fix a time and plane for hearing tbe petition, and shall notify all parties in interest. As soon as may be after rath hear ing. the board shall snint or disallow compensation In accordance with the provisions of this set. flection 411- Tf any party shall desire the commu tation of fa tare instalments of compensation, he sbaU present a petition therefor to tbe board. Baction 413. The board, or a referee designated by the board, mar, at any time, review and modify or act aide an existing original or existing supplemental agreement, upon petition filed by either party with the board or in the course of the proceedings under any petition pending before aoeh board or rrferee, if it be proved that sueh agreement *i in any material ra* spect incorrect. The board or referee designated by the board, may, at any time, modify, reinstate, suspend, or terminate an original or supplemental agreement, or an award, npon petition filed by either party with aueh board, ttpon proof that tbe disability of the employe has in creased. decreased, rcenrred. or has temporarily or finally ceased, or that the status of any dependent has changed. 8oeh modification, reinstatement, suspension, or termination shall be made as of date upon which it 89JC00o 35 is ithown that the disability of tK* rmplovr has in* creased, decreased. recurred, of hat temporarily nr finally nr upon which it it *h#wn that the status of any dependent haa changed: Provided. That an agreement nr an award can only be reviewed modified, or reinstated durinr thr time auch agreement or award has 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 w* yean after the date of the most reeent payment of compensation made prior to the date of fiiinr such petition. Where compensation has been suspended be* eatue the employe's raminrs are equal to or in excess of his trapes prior to the disability payments onder the agreement or award may he resumed at any time during tbe period for which compensation for partial disability is payable, unless it be shown thsl the loss of earnings does not result from tbe disability doe to the exposure. The board or referee to whom any soth petition baa been assigned may subpoena witnesses, hear evidence, make Aodings of fact, and award, or disallow compea. aatioo in the same manner and with the same effect and aubjeet to the same rijrht of appeal, at jf such petition were u origin*) claim petition. Tbe filing of * petition to terminate or modify a compensation agreement or award as provided in this section shall operate as a supersedeas, and shall tns* pend the payment of compensation fixed in the agree* meat or by thr award, in whole or lo such extent u the facts alleged in the petition would, if proTed, require. flection 414. Whenever claim petition or other petition is presented to the board, the board shall, by general rules or special order, either dirrrt it to be heard by nnr or more members of the board or assign it to a referee for hearing: Provided, however. That peti tions presented under sections four hundred and eleven and four hundred and twelve shall be heard by one or more members of the hoard. The department shall serve upon each adverse party a copy of t)>e petition, together with a notice that such petition will be h*ard by the board or the referee to whom it has been mimed (giving hit name and ad dress), at the ease may be. and, if the petition shall have been assigned to a ref ere*, thall mail the original petition to aueh reftree. together with eopit* of tbe notices served upoo the adverse parties. Be 003CG3 Section 415. At any time before an award or disal lowance of rnmpensalion or order has been made by a 86 Tflrrff to whom * petition ha* been auitn^d, thr board wy oirtr such petition heard before it or one or more of it* member* or mar rea**irn it to any other referee, Unlesa the board shall otherwise order, the t**tiraony taken before the original referee thall be considered aa though taken before the board or substituted referee. Section 418. Within twenty day* after * copy of any petition ha* been served upon any adverse party, be may die with the secretary of the beard if the peti. tion has been directed to be heard by the board, or witb the referee if the petition baa been assigned to a referee, an answer in the form prescribed by the board. Every fart alleged in a elatm petition not specifically denied by an answer so filed by an adverse party shall be deemed to be admitted by him. Bat the failure of any adverse party, or of all of them, to deny a fact ao alleged shall not preclude the board or referee before whom the petition it heard from repairing, of ill or hia own motion, proof of inch fact. Section 427. Aa soon bj may be after the twelfth day after notice that a petition has bern directed to be beard by the board baa bern served upon the adverse pirtiec thereto, the board shall fix a time and place for bearing the petition. If a petition be asaiirned tn a referee, he shall, aa soon aa practicable thereafter, fix a time and a place for bearing the petition. The were* tary of the board, if the petition has been dirreted to be beard by the board or by one or more of it* members, or the referee to whom the petition has been assigned, shall serve upon all parties in interest a notice of the time and place of hearing, and ah all serve upon the petitioner a copy of any answer of any adrerse party. Sootloa 418. The board, if a petition is directed to be heard by it or by one or more of its member*, or the referee to whom a petition i* assigned for hearing may subpoena witness*-*, order the production of book* and other writings, and hear eridenee. and shall make, in writing and a-soon as may he after the conclusion of the hearing, such findings of fact, conclusions of law, and award or disallowance of compensation, or other order, a* the petition and answer* and the evidence pro duced before it or him and the provision* of this act shall, in its or hi* judgment, require. The findings of fact made by the board in any petition heard by it or by one or more of its members or upon a hearing dr novo shall be final, except a* hereinafter provided, and the findings of fact made by a referee to whom a peti- 003070 67 tion hu been assigned or soy question of fact Ha* bcro referred seder the proviiioni of itetion four hundred tad nineteen thill be ftatl, unless aa tppetl it taken u provided is tbit tel, or tinless the board tbaJL, under the provision* of tttl'tosi leer hundred and tveotj* five or four hundred and twenty-six of this artielt, front a betring de novo or a rehearing. Section 419. The hoard any refer any question of ftet anting tinder any petition, including a petition for commutation heard by tt, to a referee to hear evi dence and report to the board tbe teetimony taken before biro or nth teetimony and finding* of feet* thereon at the board may order. Tbe board may refer any qneation of fact anting oot of any petition assigned to a referee, to any other referee to bear evidence and report tbe tcatimosy to taken thereon to tbe original referee. Baethm 430. Tbe board or a referee. If It or be deem it neeeasary, may, of ita or bit own motion, either before, daring or after any bearing, make an inveatlgation of the facta aet forth in the petition or answer. The board or referee with tbe content of the board, may appoint one or more impartial physicians or ror* groat to examine the claimant and report thereon, or he may employ the service* of each other expert! aa dull appear neeeaaary to aaerrtain the facta. Tbe re port of any pbyaieian, anrgroa. or expert appointed by the board or by a referee ahall be filed with tbe board or referee, aa the cate may be, and shall be a part of the record and open to inspection aa such. Tbe board shall fix the compensation of each phyxieisas. surgeons, and experts, which, when so fixed, ahall be paid out of tbe turn appropriated to tbe Dt> pertinent of latbor and Industry. Tbe sum of fifty thousand dollar* <450,000) la hereby appropriated to tbe Department of Labor and Industry lor compensation payable by the Commonwealth under the provisions of this section for the bieaninm one thousand nine hundred and fifty-five--on* thousand nine hundred and fifty-seven. ifL All bearings before tbe board or one or more oembm therebf, or before a referes, shall be public. Bee.lion 433. The board, lit member* and tbe ref eree* shall not be bound by the technical rule* of evidence in eondneting bearing* and investigations, but alt findings of fact shall be bated only npon suffi cient, competent evidence to justify them. 003071 Pfl If any party or witness nuliidr f the Com* monwealth. or through illness or other cause is unable to truify brforr thr board or a referee. his or her Iraiimnny or deposition may Ur taken, wit bin or with- out this Commonwealth. in aurh manner and in auch form a* the board may. by special ordrr or geoeral role, prescribe. The remrik, kept by a hospital of thr nrdirti or auririral treatment *iven to an rmploye in nth hospital, ahall hr admiuihle as rrirtenet of thr medical and aurfital matter* staled thereto. bat ahatl not be tontluaire proof of aueh mattrrt. Where any claim for compensation at inane hr fore a referee involves (ter week* or (cs of disability, either the employe or the employer may aobmit a certificate by any qualified physician aa to the history. rum mi* tion, treatment, dtaptnai* and eaoae of the rendition* and the atatemrnla ahall be admissible aa evidence of medical and surgical matters therein stated, hot roeh statements and certificates shall not bo admiaaiblr in aay subsequent proceeding*. Where as employer has fumiahed surgical and medi cal tme or hospitalisation in aeeordanee frith the provisions of anbarel ion (f) of section 30ft, or where the employe has himself procured them, the employer or employe shall, upon request, io any pending pro ceeding be furnished with or hare made available a true and complete record of the mrdtral and aorgical ervtee* and hospital treatment, including X raya, labo ratory teat*, and all other mrdieal and surgical data ia the psMfMifln or under the control of the party ro- qoeatrd to furnish or make available such data. Beetion 433. Any party in interest may, within twenty days after notice of a referee's award or di> allowance of compensation shall have been served upon him, take an appeal to thr board on the ground: (1) that the award nr disallowance of compensation la not in conformity with the terms of this set, or that the referee committed any other error of law; (2) that the finding* f fart and award or diaallowanee ol com pensation was nn war ranted by aolTleieot. competent evidence, or was procured hy fraud, coercion, or other improper conduct nf any party in interest. The board may, opon cause shown, eatrnd the time provided m this article'for taking aueh appeal or for the filing of an answer or other pleading. In any soeli appeal the hoard may disregard the find ing* of fact nr the referee, and may examine the te*ti> mony taken before aueh referee. and if it deem proper may hear other evidence, ami may substitute for the findings of the referee such find mgs of fact as the evi- CO (C 89 Arne* taken before the referee amt the hoard. aa her*, in be for** provided. may, in (hr jxidrment of (hr board, require, and ttiav make mtrh disallowance or award of compensation or olhrr order at the facia *o founded by it may require. SoetioB 434. "Whenever an appeal shall be baaed upon an alleged error of law, it ahalt be the duty of the board to grant a hearing therron. The board ahall fix a time and piaee for aueh hearing. and ahal! merer notice thereof on all parties in interest. At soon aa may be aftrr such hearing, the board ahall either sustain or reverse the refrree'a award or diaal. lomance of compensation, nr make much modification thereof as it shall drcm proper. Section <35. "Whenever an appeal ahall be taken on the ground that the referee's sward or disallowance of compen aa lion was unwarranted by the evidence, or be. eause of fraud, coercion, or other improper eondoet by any party in interest, the board may, in it* discretion, grant a hearing de novo before the board or one or more of its member*, or assign the petition for rehearinr to any referee designated by it, or sustain the referee's award or disallowance of eompenaatiou. If the board ahall grant a hesrinr de novo, it shall fix a time and place therefor and notify all parties in interest. Am soon aa may be after any hearing de novo by the board, it shall in writing state its findings of fact, and award or disallow compensation in acrordanre with the provisions of this act. Section <36. 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 ha* been taken under the provisions of acetion four hnndred and twenty.seven of this article ahall have taken final action thereon, may grant a rehearing of any petition upon which the board has made an award nr disallowance of compensation or other order or ruling, or npon which the board has sustained or reversed any action of a referee; but such rehearing shall not be granted more than eighteen months after the board has made aueh award, disallowance, or order or ruling, or has sustained or reversed ary aetion of the referee. If the board shall gtant a rehearing of any petition from the hoard's aetion on which an ap. peal has been taken to and i* pending in the court of "nee. Itun gw iknlml e M*r *?. 1*43. r*ethM Un *43 a*: AiifftMi cio-o* *i a*, sis, *- 114-us." 3^ 003073 M> fnmwon or in the county eourt of Allegheny Countv, a* the ease may be. ondrr the protimont of section four hundred and twenty-seven of tbit artielr, the board shall HIr in *oeh court t certified copy of it* ordrr granting ieh rrhrtrinK. *nd it ihall thrrfopon be the doty n[ such court to tiur the record of the etw to bo remitted to the board: Provided, however, That noth in* renuinrd in tbi* section aboil limit or restrict the right of the board, or * referee deaimated by the board, to review, modify. Ml aside. reinatate, rospend, or terminate, as original or supplemental Mrrfmrnt, or an award in accordance with the pro* viaion* of section [our hundred aod thirteen of this article. Baotixm 427. Any party may appeal from any action of the board on matters of law to the conrt of common pleas of the county in which the employe was iaat employed prior to hts durability or death or of the county in which the adverse party resides or haa a permanent place of business. or. by agreement of the parties, to the eourt of common pleas of soy other county of thia Commonwealth: Provided, That no niefa appeal shall be taken to the eourt of common plea* of Allegheny County, but In Allegheny County all *oeh appeals shall be taken to the coonty court of Allegheny County, which shall have exclusive jurisdiction of socb appeals. Such appeal most in all eaaea be brought within twenty days after notice of the aetion of the board haa been aerved opoo attch party, unless uy court of common pleas or the eoonty court of Allegheny County,' as the vase may be, to which an appeal lies shall, upon cause shown, extend the time herein pro. sided for taking the appeal. The party taking* the appeal shall, at the time of taking the appeal, serve upon the adrerse 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 Hays thereafter, aueh cxeeptiona to tbe action of the board as he may desire to take, and shall specify the findings of faet, if any, of the board, or of the refrree sustained by the board, which he alleges to be unsupported by sufficient, com. patent vidnctv T7pon filing of the notice of an appeal, the prothonotary of the eourt of common pleas or the clerk of th* county court of Allegheny Coonty, as the case msy be, to which the appeal has been taken shall is*\ie a writ of certiorari, directed to the board, commanding it, within ten day* after service thereof, to certify to such court it* entire reeord in the matter in which the appeal has been laken. The writ so issued shall be mailed by the 003074 * O 91 prothonotary or the clerk of the county court of AJlrgheny County, a* the rase may be. to the department at Harrisburg, together with a copy of the exceptions. The board shall, within ten daya after such service, certify to such eourt it* entire reeorrt in the matter In which the appeal has been taken, including the note* of tealimony. Any eourt before which an appeal ia peed in it from any action of the board, may remit the record to the board for more apeetfle findior* of fact If the (lading* of the board of referee or of the medical board arc not. in ita opinion, sufficient to enable it to decide tie qoca tion of law raised by the appeal. If the eourt of common pleaa or the eonnty court of Allegheny County, aa the eaae may he, thall affirm an award or order of the board or of a referee, sustained by the board, Axing tb* compensation payable under this act, the court ahail 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 austain the appellant's exceptions to a finding or finding* of feet and rererae the action of the hoard founded (hereon, the court ahail remit the record to the bnard for further hearing aud determination, in which the procedure shall be the same aa that hereinbefore provided in this article lu the eaae of a petition presented to the board, except that the testimony taken in the original proceeding*. hall be considered aa though taken in such further bearing. The prothenotary of any eourt of common pleaa or the clerk of the county court of Allegheny County, as the race may be, to which an appeal baa been taken from the board, shall send to the board a certificate of the judgment of the court aa aooo as rendered, with a copy ot any opinion which may be filed in the eaae, and, within fire days, shall give notice of such judgment and the date thereof, by registered mail to each at torney at law appearing in the ease at the address gieen by the attorney in the pleadings, end. if no attorney at law has appeared, hv registered mail to the party or parties not represented by counsel. At the end of the period hereinafter allowed for an appeal from the jadg, ment of the eourt, the record of the board shall be remitted to it by the'prothonotary or the clerk of the county court of Allegheny County, as the case may be, unless an appeal shall have Uren taken tn the Superinr Court as hereinafter provided. If such appeal shall be taken, the record shall be remitted to the bnard by the prothonotary or the clerk f the vounty eourt of Alle gheny County, as the case may be, on it* return from the appellate court. tc 003075 Any partr *r appeal to the Superior Covrt from tbe judgment of the court of common plea* or tbe eonoty toart of Allegheny County, a* tbe ease may be, within thirty day* after entry of aaid jodgment, irrespective of the amount involved. Sueh appeal shall be takes and prosecuted in the same manner and form and with the aame effect aa U provided in other casern of appeal to the Superior Coart, and the reeord so certified shall contain all that was before the easrt of common pleas or the county coart of Allegheny Coomy, sj the esse may be. Any appeal from tbe action of the board to a court of eemreoa pleas or the county court of Allegheny County, a* the case may be, and from it to the Saperior Court shall take precedence over at) other civil actions. The judgment of the Superior Court shall be final. on. less an appeal therefrom it allowed aa in the ease of other judgment* of that court. Upon the rendition of any jndfatnt ia the county eonrt of Allegheny County hereunder, the party to whom sneh judgment i awarded shall be entitled to file is th* office of the protbonotary of Allegheny County, a transcript from the docket of the county court, showing the judgment so rendered, which jodgmrnt shall be entrrrd epeo the judgment indea of such eoonty m tbe same manner and with like effeet a* in the ease of other judgments rendered by the county coart of Allegheny County, It is the intention of this set that all appesl* from the Workmen's Compensation Board heretofore triable in the eonrt of eommon pleas of Allegheny County shall hrr-altcr be exclusively triable in the eounty eourt of Allegheny County, regardless of tbe amount of money involved in the appeal. Section iflS. Whenever the employer, who has ae* cepted and eompljed with the provisions of aeetion three hundred five, shall be in default in compensation pay* rarnta for thirty day* or more, the employe or drpen> dents entitled to rerapmut ion thereunder may file a certified copy of the agreement and the order of the board approving the same, or of the award or order, with the prothonotary of the eonrt of common pleas of any eounty, and the prothonotary shall enter the entire balance payable under the agreement, award or order to be payable to the employe or his dependent*, aa a judgment against the employer or other party liable nnder such agreement or award. Where the corprn*. tionao payable is for a total and permanent disability, the judgment shall be in the amount of thirty thousand dollars lest such amount aa the employer shall have actually paid pursuant to sueh agreement or award. Sneh judgment shall be a lien against property of the 3 c 003076 S3 employer nr other party liable under tuch agreement or award, snd rxeeution mir issue thereon forthwith. Whwr, i(tfr disability nr ^ra(h, any employe ur hb d^(>iMlnts thill hivr rntfrw) into a rornprnuiiou with an employer liable for compensation under thia art, who ha* not aeeepicd or romp lire! with thr pfoTtHona of taction three hundred Are, or shall file a claim petition with thr board against such employer, hr mar file a certified copy thereof with tbc prothoootary of thr court of common plena of any county. Tbc prothonotary shall enter the amount stipulated in any such agreement or claimed in any such petition aa a judgment against thr employer, and where the amount so stipulated or rlaimed is for total disability, aorh judrnrnt shall be in the sum of thirty thousand dollars. If the agreement be approved by the department, or compensation awarded aa claimed in the petition, tbe amount of compensation stipulated in the agreement or elatmed in the petition shall be a lieu, aa of the date when the agreement or petition was filed with tbe prothonetary, rending the approval of the agreement or thr award or comprn*aiton. no othrr lirn which may be attached to thr employer's property duriug such time shall rain priority over the lien of such agreement or award, but no elocution ahmll issue on any compens*lion judgment before the approval of the agreement or the award of compensation on thr said petition. If the agreement be disapproved, or. after hearing, compensation shall be disallowed, thr employer may file, with the prothonotary of any county in which the petition or agreement is on record as a judgment, a ertified 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. Vut another amount awarded, thr compensation jndg> ment shall be a lirn to the extent of the award, as of the date of filing the petition with the prothonotary. with the same effect as to other liens and the same disability to issue execution thereon aa if the compensation claimed had bern allowed, lit anrh esse* the prothono tary shall make such modification of the record as shall be appropriate. If the compensation payable under any agreement or award upon which judgment has hern entered under the prorisinns of this section shall be modified. sus. pended, reinstated, or terminated by a supplemental agreement executed under the previsinns of section four hundred and eight, or by an sward or order made under the provisions of section four hundred and thir teen, any party t such judgment, at any time alter & o W such agreement hae been approved by the department or after the expiration of the time allowed for an appeal from the award or order, may fUe with the prolhonntary of the eourt of common pleas of any county in which the judgment ia on record a certified copy of such supplemental arreement, award, or order, and it shall thereupon be the duty of the prothonotary to modify, rurpeud. reinstate, or satisfy such judirment in accordance with the terms of such supplemental agreement, award or order. Execution may iaaoe by first filing with the prothono. tary an affidavit that there has been a default in pay ment* of compensation due o any jodgmrnt for compensation, entered prior to the approval of the compensation agreement, or an award on petition, as soon aa aoeh agreement shall bare been approved br the department, or so eh award made aa evidenced by the approval of the board of the award or by a certified copy thereof. Excent ion shall in alt eases be for the amount of compensation and interest thereon due and payable op to the date of the issuance of said execution, with costa, and further execution may issue from time to time aa further compensation shall become doe and payable, until full amount of the judgment with costa shall have actually been paid. Section <39. If any party against whom a compen sation agreement, award, or other order fixing the compens* t ion payable nnder this act ha* been filed of record in any county of this Commonwealth in accord ance with the provision* of section four hundred and twenty-eight of thie article, or against whom judgment has been entered by the prothonoUry of the court of common pleas 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 br any referee, showing the payment of compensation a* re quired by the agreement or award in full to the date of presentation to the referee, the board shall Issue a certificate to each party, in the form prescribed, stating the extent to whieh the jodgment on the agreement or award has byjen reduced. Upon the presentation o! such certificate to the prothonnlary of the eourt of common plea* of any county in whieb such agreement or award has been filed of record at a judgment, or in which judgment on an award ha* been entered by the prothonotary of the eourt of common plea*, it ahall he the prothonotary* 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 issued by the board under the provisions of JC 003078 95 Mtlinn hundred tnd of Ihit art. it thill bf thr tluiv of the prethoeotirr to mark neh judgment tally satisfied. Boctiorm 430. The lien of any judgment entered upon may award thall not be divested by any appeal. If, however, thr party appealing from the award shall Ala with the board a bond, its aueh amouat and in such form aa the rale* and regulations of the board shall direet. the appeal ahall, pending its decision, estate the payment of *o much of the compensation aa ia eonteated therein; bat if the Anal decision on appeal shall sustain the award* it shall be the duty of the employer by whom such sward is payable to make pay ments of compensation aa from the date of the original ward. If on appeal the award ia suitsioed aa to a part, it shall be the duty of the employer by whom such part is payable to make psymenta aa from the date of the original award, ta case thr award ia annulled on appeal, it shall be the duty of the prothonotary of any county in which aueh award haa been entered a* a judgment to mark it satisfied. Section 4SL The coat 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 col lected aa npon confemioa of judgment on a judgment note. Boetiou 433.. It shall be the duty of the prothono tary of eaeh court of common pleas and of the Bupertor Court of the Commonwealth, to make a monthly report to the board of the disposition of all appeals taken to aueh court under the provisions of this article. Boetiou 433. A document on file in the department or with the board or any referee, or part of the reeord of any proceeding* taken under Articles !H and IT of this act shall be approved by a eopy thereof, certified by the deportment under the seat of the department, or certified by the chairman of the board and guested by tht secretary of tbe board under seal of the board, aa the ease may be. B*fltini 434. A final receipt, given by an employe or dependent entitled to'.compensation under a com pensation agreement or award, ahall be prints facie evidence of the termination of the employer's liability to pay compensation undrr such agreement or award Provided, however. That the board, or a referee deaig. sated by the board, may. at any time within two years 003079  from the dil to which payments have brn nod*. art id* a filial reeeipt. upon petition filed with the board, if it be eon*lu*vely proved that all di**b3ity do* to thr occupational diwait* in fact had not terminated. ABT1CLE V VoedioB B01. No claim or pwnnt for leyal aer. viee* or disbursement* in support of *07 demand made or tuit bronchi under thr pmviiicai of article two of this art ahall br an tnfomablt lien arsinat thr amoont to be paid a* da mare*, or he valid or hirtdinc in any rept. unlru thr same br appeared in wrttiny by the jtidrr preaidior at thr trial, or. ia caw of settlement without trial, by a judjre of the eesunon pleas court of the county in whieb the accident occurred. No claim or arTrrwwt for lejral *errire or diabumetnrnta in rapport of any claim for renpmulion, or m prepaTinc any nxTeement for comprr>tion. under at. tiele three of thia aet. ahal! hr an enforceable Hen against the amoont to be paid aa com penration, or b* valid or bin din ft in any other reaped, unit** the same be approved by the board. Any soeh elaim ot arreement ahall be filed with the department, which ahall, aa soon a* may be, notify the person by whom the use waa filed of the board's approval or disapproval thereof aa the ease may be. After the approval at herein required, if the em ployer be notified in writinx of such claim or pte ment for leant nervier* and disbursement*, the same shall be a lien strain*t'any amount thereafter to be paid an damage* or compensation: Provided, however. That where the employe a compensation ic payable by the employer in periodical instalments, the board ahall fix, at the time of approval, the proportion of eaeh hi atal ment to be paid on aecoont of legal service* sad disbursement*, and the board may, upon application made to it, commute the tarn awarded for legal arrrier* and disbursement*. Aeefao* SOU. Any perron who retveils money for casufinp any perron to obtain any bear/it* sndar Ikii act shaft be ptiilty of * tmtdemcsnoe owl upon tewie ltd* thereof iAdl hr sentenced to pay a /Ins not to exceed one fAoaaoad doUorj ($JJDOO) and coifs of profe tation, or to wndergo imprieonment for one year, or bofA. This proruton shaft not apply to an attorney of fare orho for o for has bee* retained by claimant to give him legal odoice and assists no* in obtaining benoflit. SECTION S. TITIS ACT SflALL TAKE EFFECT IMMEDIATELY. 80C00 o 97 Boetlen SOI. Nothing bi-thls act shall affect or im pair any right* of actios which have seemed before this set shall take effect. Bsution S03. If any provision of this set shall he held by any court to be unconstitutional, seeh jsdmcot shall sot affect any ether section or provision ot this set, except that articles two and three are hereby de clared to be inseparable and as os* legislative thought, and if either article he declared by each court mid or inoperative in an essential part eo that the whole of sseh article moat fait, the other article shall fall with It and not stand alone. Booties SOL The following sets are hereby specifi cally repealed: The set, approved the second day of July. one thooeand nine hundred thirty-seven (Pamphlet Laws, twenty-seven hundred fourteen), entitled "A snpplo* mrnt to the act. approved the second day of Jane, ons thousand nine hundred fifteen (Pamphlet Laws, seven hundred tbrrty-eix), entitled, as amended 'An set de fining the liability of an employe to pay damages for injuries received by ss employe in the eosrss of em ployment; establishing a system and achedole of emupen ration; providing procedure for the determination of liability and compensation thereunder; and prescrib ing penalties,' as amended and re-enacted, pro-riding lor the inelusion of occupational diseases within the scope thereof, and providing definitions, provisions, and procedure related to such diseases; and making an appropriation.** All other acta and parts of sets inconsistent with the pro-visions of this act. Bootion BOO. The provisions of this act shall become effective on October first, one thousand nine hundred and thirty-nine, except the provisions of section three hundred two of this aet, which shall beeome effective immediately upon the final enactment ot this act. Aet No. 202--Act No. 316 Bocrtkrtt 422. The hoard, 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 baa been taken under the provisions of sec tion four hundred and twenty-seven of this article shall have taken final aetion thereon, may grant s rehearing of any petition upon which the board hsa made an CJ o CD w award or diiftliowiner of esmpfaution or olhtr order or ruling, or open whieb the board hu sustained or memd any action of a referee i bat sneh rehearing shall oot be (mated more than one year alter the board bat made raeb award, disallowance, or other order or ruling, or haa sustained or reversed aor oetioo of the referee. If the board ahat) grant a rehearing of any petition from the board'a aetion os which on appeal baa been taken to and is pending iiu the coart of common pleas, |of toy county of thza Commonweal ih | or is the county eoort of Allegheny Connty, aa the ease may be. under the provision* of section four hundred and twruty-aeren of thia article, the beard dull hie in aoeb eoort a erniftrd copy of ita order granting aneh rehear* ing. and it ahall thereupon be the doty of aaeh coert to eauae the record of the eaae to be remitted to the board: Provided, however, That nothing contained in tbit aection ahall limit or rrrtriet the right of the board, ora referee designated by the board, to re-new, modify, et aside, reinstate, impend, or terminate, an original or supplemental agreement, or as award in aecordaae* with the provision* of section lonr hundred thirteen of this article. ftectUm tt7. Any party may appeal from any action of the board on matters of the law to the eoort of mowon pleas of the county in which the accident occurred or of the eoanty in which the adverse party resides cr has a pet iiitnmt place of buatnesa, or, by agreement of the part ire, to the eonrt of common plena of any other eoanty of this Commonwealth t Provided, That no noth appral ahall be taken to the court of common plena of Allegheny Connty, but in Allegheny County oil aaeh appeals ahall be taken to the county court of Allegheny County, whieh ahall have exclusive Jurisdiction of raeh appeal*. Sneh appeal most in all eases bo brought within twenty days after notice of the action of the board baa been "erred upon sneh party, unless any eonrt of common pleas or the eoonty eonrt of Allegheny County, aa the ease may be, to which a* appeal lie* hall, opon eanse shown, extend the time herein pro* sided for talcing the appeal. The party taking the appeal ahall, at the time of taking the appeal, serve upon the Adverse party a written notiee thereof, setting forth-the date of the appeal and the eonrt In which the tame is filed, and shall file, either with hi* notie* of appral, or within thirty days thereafter, sneh excep tion to the setion of the board aa 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 bt alleges to be unsupported by competent evidence. 3C 003082 99 Upon filing oF the notice of an appeal. the prothenotary of the eoart of rornmon pleas or the clerk of the eouitty eoart of Allegheny County. a* the ease way be. to which the appeal haa been taken shall iuat a writ of certiorari directed to the board, commanding it, within ten day* after service thereof, to certify to roeh court Eta entire reeord in the matter b which the appeal haa been taken. The writ ro issued thaU be mailed by the prothonotary or the elerk of the county eoort of Allegheny County, aa the ease may be, to the department at Harrisburg. torether with a eopy of the exceptions. The board ahaU, within ten days after mh service, certify to such eoort ita entire reeord in the natter in which the appeal haa been taken, including the notea of tettimony. Any eoort before whom an appeal ia pending from any aetion of the board may remit the reeord to the board lor more specific finding* of fact, if the finding* of the board or referee are not, in ita opinion, raffieicat to enable it to deeide the question of law raised by the appeal. If the eoort of common plena of any county fof thia Commonwealth] or the county eourt of Allegheny County, as the ease may be, aball affirm an award or order of the board or of a referee sustained by the board, fixing the compensation payable under thia act, the eourt ahall 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 sueh court shall sustain the appellant's exceptions to a finding or fiodtng* of faet and reverse the aetion of the board founded thereon, the eourt shall rewit the reeord to the board for farther bearing and determina tion. ia which the proredore shall be the cane as that hereinbefore provided in this article in tha case of a petition presented to the board, exeept 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 pleaa or the elerk of the eounty eourt 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 as soon as Tendered, with a eopy of any opinion which say be filed in tbe cue, and, within five days, shall give notice of saeh judg ment, and the date thereof, by registered mail to eaeh attorney-at-law appearing in the case at tbe 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 eoonsel. At tbs end of the period hereinafter allowed for an appeal C30E00 100 from the judgment J the eonrt, the record of the bond (Kelt be remitted to It by the ptethwaUry or the elerk of the county court ot Allegheny County, the cue tnsy be. onl* an appro] nhtll have been token to tbe Superior Court as hereinafter provided. ?f such appeal ahall be taken, tbe record aboil be remitted to the board by the pvothonotary oe the clerk of the eoonty court of Allegheny County, as the ease may be, ett its return from tbe appellate court. Aap party nay appeal to the Superior Court from tbe judgment of the court ot common pleas or the eoanty court of Allegheny County withm thirty days alter entry of said judgment, irrewpeetWe of the amount iorolecd. Such appeal ahalt be taken and prosecuted is the name manner and fora and with the Mate effect as is provided in ether eases of appeal to the Superior Court, and the record ae certified shall contain all that eras before tbe coon of common ple*s ot the county ewcrt of Allegheny County* as the caae may be. Any appeal from tbe action of the board to a court of common pleas or the county court ot All** ghesy County, as the caae may be and from It to tbe Superior Coort shall take precedence over all otheT civil actions. The judgment of the Superior Court shall be dual* uniess as appeal therefrom is allowed as in the case of other judgment* of that tribunal. Upon the rendition of any judgment n the county court of Allegheny County hereunder, tbe party to whom saeh 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 eonrt, bowing the judgment ao rendered, which jademeat shall be entered upon tbe judgment index of aaid eoanty in the name manner and with like effect as in the ease of other judgments rrndered by tbe county court of Allegheny County. tt is the intention of this act that all appeal* from fhe Workmen's Compensation Board heretofore triable in the court of common pleaa of Allegheny County shall henceforth be exclusively triable in the enonty court of Allegheny County, rrrardtesa of the amount ot money involved in tbe appeal. gc 003084 OCCUPATIONAL DISEASE ACT IKDEX Sect Ion Burial expenses......................................... . . . 307(8) Change of status In degree of disability of injured employe. . 307 408 413 Change of status of dependents... . 307 408 413 Children, schedule of conpen* 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 occupstion or industry . . ........................ . 301 Disease resulting solely from military activities not compensable. ......... . 109 Diseases. ........... .. . 108 Guardian............................................................................ . 307(8) Impartial physician, board appointment of........ . 420 In loco parentis. ......... Last sickness and burial. ..... . 306(g) 307(8) Length of employment, for silicosis, anthraco'silicosis . . 301(d-e) Liability of Commonwealth ........................ Liability of employer . . ........................ Maximum compensation payments ... . 301 307(8) Minimum compensation payments ... . 307(8) Payments in installments. * . . . . Presumption disease caused by special hazard of industry. . 301 Silicosis, anthraco-silicosis or asbestosis, total disability Page 72 70 83 84 70 83 84 70 72 81 St 57 55 72 87 72 70 72 S9 73 0 58 72 72 58 58 59 003085 03 O