Document rpZkm7ZGJ3baVBnOL60mw9ODV

FILE NAME: John Crane (JC) DATE: 1936 DOC#: JC015 DOCUMENT DESCRIPTION: Illinois Legislation t [THIRD SPECIAL SESSION-. 19. This Act shall be known and may be cited as the "Health and Safety Act." 20. That "An Act to provide for the health, safety and comfort of employees in factories, mercantile establishments, mills and workshops ; in this State, and to provide for the enforcement thereof, and to repeal [ an Act entitled, "An Act to provide for the health, safety and comfort of employees in factories, mercantile establishments, mills and workshops in this ytnr-j. and to provide for the enforcement thereof/ approved June 4, X900/" approved June 29, 1915, as amended, be and the same hereby is repealed, such repeal to take effect July 1, 1937; and that sec- ' tion 4 of "An Act in relation to employments creating poisonous fumes or diirft in harmful quantities, and to provide for the enforcement there of," approved June 29, 1915, be and the same hereby is repealed, such repeal to take effect October 1, 1936: and that "An Act providing for th reporting compiling and publishing of information concerning acci dents to and deaths by accident of employes/* approved May 24, 1907, be and the iame hereby is repealed, such repeal to take effect upon the t passage of this Act. 21. No repeal of any Act herein contained shall extinguish or in any way affect any right of action thereunder, existing at the time this Act takes efi\ u . A pp r o v e d March 16, 1936. ) OCCUPATIONAL* DISEASES. ttr-rf f 1, Title of A ct 5 31. Compensation, n ot assignable, I 2. L iability of em ployer, subject to lien attachm ent or f 3. R ight of action o f em ployee. garn ish m en t. S 4. E m ployer election to p a y com - 22. F rau d u len t con tract or agree pensntion. ment. $ 5. Definition. I 23. R ight to w a iv e a n y provision of $ S. Occupt! ona) d ise a se defined. Act. I 7, C om pensation, resu ltin g - in d e a th . 24. N otice to em p loyer fo r com pen &, Compen'iAtii'n. resulting- in d is satine. ability 5 25. le n g th o f tJm e em ployee e x 9. Paym ent of com pensation. posed-- Em ployer liable. 1 0 . Computing com pensation. 11. Application for a d ju stm e n t o f 26. P rovisions fo r em p loyers to p a y com p en sation . Ir claim. S27. A sso cia tio n s and departm ents 12. Employee to su b m it to ex a m in a tion. not affected. 28. I.tnble for com pensation. i 5 13. Compensation not lia b le for. 29 Procedure for com pensation, 14. Compensation to com m ission , where disablem ent or death arbitrators, other em ployees. not caused by negl Igcnce o f $ 15. .Turisdiriit.n of com m ission . employer or employees. | 16 Rules nn.-> orders o f com m ission. Report to com m ission. 17. Forms, records. Posting of notices. 1$. Industrial com m ission to settle P e n a lty , & disputed Question. 5 19. Procedure of d isp u ted questions. VVealiJdi;tpyeof?aA; ct. A lW ^ & 20. In d u stria l com m issio n report. Effective date. i H ouse B il l N o 1 31M 3C* A n A ct to p ro m o te th e g e n e r a T l v e i f a r ^ i f ik e p eo p le o f th is S ta te hij p ro vid in g rem edies fo r in ju r ie s su ffere d or d e a th re s u ltin g fr o m oc cupational diseases in c irre in th e course o f e m p lo y m e n t; p ro vid in g fo r enforcem ent a n d a d m in istra tio n th ereo f, a n d to rep ea l a n A c t a n d a part o f a rcriatn- A c t herein nam ed. B e it enacted ly th e P eo p le o f th e S ta te of Illin o is, rep resen ted in the G eneral A ssem b ly: I 5 /W ? ^ EMPIOTME-XT. 4L be known and aiav be cited as the Fay employer io r compensation or damages i >v or on account of any in ju ry to health, disease, or death therefrom, o'her than for the compensation herein provided or for damages as provided in section 3 of th is A ct; pro'. ided th a t th is section shall not affo *fc any rig h t to compensation under the "W orkm en's Com pensation A c.". 3. Where an employee in th is S tate sustains in ju ry to h ealth or donth by /soson of a disease contracte! or sustained in the course of 11u! ujnplovmcnt and proxonately caused by the negligence of the employer, unMss such employer shall have elected ( provide and pay compensation as provided in section 4 ot this A a , a rig h t of aerien shall accrue i the employee whose health has bevn in ju red fo r any damages sust: med thereby; an d in case of death, a right of action shall accri'e i ihr uiihnv of such deceased person, his bue.n heirs or adopter children, or m any person or persons uho were, ho lore such loss of life, (Icpetidoi ` for sup p o rt upon such deceased person, for a like re covery of dan.ages for the in ju ry sustained by rea<=<*,. of such death not Ut exceed tin sum of von thousand da liars ($l'J.hO0.00) ; provided, ill it \ioJatiuii by any employer of an)' effective rule ur rules made by the industrial commission pursuant to the Health and Safety Act, enacted by the F ifty-ninth G eneral Assembly a t the third special session, or violation L/ the employer of any statute of this Sravc. intended fo r the protection of the health o f employees, shall be and constitute negli gence of the '-mployer w ithin the m eaning of thjs section; pjovideil further, tl m -very such action for damage for injury to the health shall be com;.- Sliced w ithin three (3 ) je a rs a fte r the last day of the last exposure o the hazards of the disease and th a t every such action for damages in disc o f death shall be commenced within one (1 ) year a fter the dent1, of such, employee a n d w ithin five (5 ) years a fte r th e la st day of the last exposure to the hazards of the disease : Provided further, th a t in any action to recover damages under this section, it shall not be a defense H.at the employee either expressly or im pliedly assum ed the risk of lb employment, o r th a t the contraction or su stain in g of the disease m* death w as caused in whole or in p a it i>y the negligence of a fellow sc. ran t or fellow servants, or th a t the contraction o r sus taining of ihfi lisease or death resu ltin g was caused in whole or in p a r t by the contributory negligence of the employee, where such contribu tory negligence was not wilful. 4. fn) Any employer in this S tate m ay oioct to provide an d pay compenst'on according to th e provisions of this Act, for disability or death resulting from occupational diseases, and such election, when effective, shall apply to all cases m which the last r.f the last ex posure as defm :i in this Act to the hazards of the nrcupatioiial disease claimed upon i-.utll have occurred on or aFrcr the clncive dote ot such election, auu s-ali relieve such employer of all liability under section 3 of this Act a id all o th er liab ility w ith respect to injury to health or death* therefrom by reason of any disease* contracted or sustained in the course of tl e employment 40 THIED SPECIAL SESSION. (b) Election by any employer, pursuant to paragraph (a) of this section, shall be made by filing notice of such election with the industrial commission. Such employer shall either furnish to his employees per sonally or post in a conspicuous place in the place of employment, a copy of such notice of his election, , (c) Every employer who has elected pursuant to paragraph (a) and (b) of this section to provide and pay compensation shall, from and after the effective date of such election be, remain and operate under all provisions of this Act except section 3 hereof, with respect to all his employees except those who have rejected in due time as provided in ' paragraph (d) ; provided, however>that on October 1, 1037, and on each October first for four years thereafter, any employer who shall have elected pursuant to paragraphs (a) and (b) of this section to provide, and pay compensation under this Act, may elect not to provide and pay compensation .under this Act by filing notice of such election not to provide and pay compensation under this Act with the industrial commission at least sixty days prior to the October first upon which such election is to be effective and by either giving to his employees personally or posting in a conspicuous place in the place of employment i a copy of such notice of such election not to provide and pay compensa- j tion at least sixty days prior to such October first; and such election not to provide and pay compensation shall apply to all cases in which 1 the last day of the last exposure, as defined in this Act, to the hazards of the disease claimed upon shall have occurred on or after the October first on which such election shall have become effective ; provided further j that any employer having elected, pursuant to this paragraph not to j provide and pay compensation may at any time thereafter again elect pursuant to paragraphs (a) and (b) to provide and pay compensation, but having thus elected for the second time to provide and pay com pensation such employer shall, from and after the effective date of such last said election, be, remain and operate under all provisions of this Act, except section 3 hereof, with respect to all employees except those who have rejected in due time as provided in paragraph (d) of this section, and such employer may not again withdraw. (d) If any employer elects, pursuant to paragraphs (a) and (b) of this section, then every employee of such employer, who may be em ployed at the time of such election by such employer, shall be deemed to have accepted all the compensation provisions of this Act and shall be bound thereby unless within thirty (30) days after such election, he shall file a notice to the contrary with the industrial commission, whose duty it shall be immediately to notify the employer, and until such notice is given to the employer, the measure of liability of such employer shall be determined according to the compensation provisions of this Act; and every employee of such employer, hired after such employer's election, as a part of his contract of hiring shall he deemed to have accepted all of the compensation provisions of this Act, and f shall have no right of rejection. (e) The compensation herein provided for shall he the full, com plete and only measure of the liability of the employer bound by elec tion under this Act and such employees liability for compensation and EMP.OTIEKT. 43 medical benefits under this Act shall be exclusive and in place of any and all c titer civil liability whatsoever, a t common law or otherwise, to any employee or his legal representative on account of damage, dis ability or death caused or contributed to by any disease contracted or sustained in the course of the employment. 5. F or the purposes of this Act : The :erm "employer" as used in this Act shall be construed to be: First--The State and each county, city, town, township, incor porated village, school district, body politic, or municipal corporation therein. Second-- Every person, firm, public or private corporation, includ ing hospitals, public service, eleemosynary, religious or charitable cor porations or associations who has any person in service or under any contract ior hire, express or implied, oral or w ritten; provided, nothing contained herein shall he construed to apply to any work, employment or operations done, bad or conducted by fanners and others engaged in farming, tillage of the soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their em ploy or to any work done on a farm or country place, no m atter what land of work or service is being done or rendered. The term "employee" as used in this Act, shall be construed to mean: First--Every person in the service of the State, county, city, town, township, incorporated village or school district, body politic or m uni cipal corporation therein, under appointment or contract of hire, ex press or implied, oral or written, except any totally blind person, any official of the State, or of any county, city, town, township, incorporated village, school district, body politic or municipal corporation therein and except any duly appointed member of the fire department in any city whosA population exceeds five hundred thousand according to the last Federal or State census, and except any member of a fixe insurance patrol maintained by a board of underwriters in this State. However, any employee, his personal representative, widow, children, beneficiaries or heirs, who is, are or shall be entitled to receive a pension or benefit for or on account of disability or death arising out of or in the course of his employment from a pension or benefit fund to which the State or any r >unty, town, township, incorporated village, school district, body politic, underwriters* fire patrol or municipal corporation therein is a contributor, in whole or in part, shall bo entitled to receive only such part of such pension or benefit as as in o^oss of the amount of compensation recovered and received by such employee, his personal representative, widow, children, beneficiaries or heirs under this Act. And, pro'i'ided further, th a t one employed by a contractor who has con tracted with the State, or a county, city, town, township, incorporated village, school district, body politic or municipal corporation therein, through its representatives, shall not be considered as an employee of the State, county, city, town, township, incorporated village, school district, Indy politic or municipal corporation which made the contract. Seech`.--E very person in the service of another under any contract of hire, express or implied, oral or written, including aliens, and minors u THIRD SPECIAL SESSION. who, for the purpose of this Act, except section 3 hereof, shall be con sidered the same and have the same power to contract, receive pay ments and give quittances therefor, as adult employees, but not includ ing any totally blind person or any person.who is not engaged in the usual course of the trade, business, profession or occupation of his employer. "Disablement" means the event of becoming disabled from earning full wages at the work in which the employee was engaged when last exposed to the hazards of the occupational disease by the employer from whom he claims compensation, or equal wages in other suitable employ m ent; and "disability" means the state of being so incapacitated. No compensation shall be payable foT or on account of any occupa tional disease unless disablement, as herein defined, occurs within one (1) year after the last day of the last exposure to the hazards of the disease, except in cases of occupational disease caused by the inhalation of silica dust or asbestos dust and, in such cases, within three (3) years after the last day of the last exposure to the hazards of such disease. 6. In this Act the term " Occupational Disease" means a disease arising out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of the employment shell not be compensable, except where the said diseases follow as an incident cl an occupational disease as defined in this section. A disease shall be deemed to arise out of the employment, only if there is apparent to the rational mind upon consideration of all the circumstances, a direct casual connection between the conditions under which the work is performed and the occupational disease, and which can be seen to have followed as a natural incident of the work as a Tesult of the exposure occasioned by the nature of the employment and which can be fairly traced to the employment as the proximate cause, and which does not come from a hazard to which workmen would have been equally exposed outside of the employment. The disease must be in cidental to the character of the business and not independent of the relation of employer and employee. The disease need not to have been foreseen cr expected but after its contraction it must appear to have had its origin in a risk connected with the employment and to have flowed from th at source as a rational consequence. ,, 7. The amount of compensation which shall be paid for an occupational disease sustained by the employee resulting in death shall be: (a) If the employee leaves any widow, child or children whom he was under legal obligations to support at the time of his disablement, a sum equal to four times the average annual earnings of the employee, but not less in any event than two thousand five hundred dollars and not more in any event than four thousand dollars. Provided, that when an award has been made under this paragraph, where the deceased loft at the time of his death a widow and one child under sixteen years of age him surviving, the compensation payments and death benefits to the extent the same were increased because of the existence of said child, insofar as some have not been paid, shall cease and become extinguished BMM.OYMBNT. 45 when said cMld arrives a t the age of eighteen years, if said child is physicall v and mentally competent at th a t time. Any right to receive compensation hereunder shall be extinguished by the remarriage of a widow, if the deceased did not leave him su r viving nny child or children whom he was under legal obligations to support .it the time of said disablement. Any* compensation payments orhev than necivsfixy medical, surgical or hospital foes ot services shall ho rVducted in ascertaining the an-ounl payable death. ' (b) If no am ount is payable under paragraph (a) of th is section and the employee leaves any parent, husband, child or children who at the time of disablement, were totally dependent upon the earnings of the anpi'iyee/then a snm equal to four times the average annual' earn ings of 1he employee, but n o t less in any event th an two thousand five hundred dollars, and not more in any event than four thousand dollars. Any compensation payment other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the am ount payable <*n death. (c) I f no am ount is payable under paragraph (a) or (b ) of this section and the employee leaves any parent or parents, child or children, who at the time of disablement were partially dependent upon the earn ings of I.ip employee, then such proportion of a sum equal to four times the aver: .ge annual earnings of the employee as such dependency bears to total dependency, but not less in any event than one thousand dollars and not more in any event than three thousand seven hundred fifty dollars. Any compensation pAjunents other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amoi nts payable on death. fd) If no amount is payable under paragraphs ( a ) , (b ), or (c) of this $ *ction an d the employee leaves any gran dparent, grandchild or grandchildren or collateral heiis dependent a t the* tim e of th e disable ment to he employee upon his earnings to the extent of fifty percentum or move of total dependency, then such proportion of a sum equal to four tim *$ the average annual earnings of the employee as such depen dency bt- irs to total dependency, but not more in any event th an three thousand seven hundred fifty dollars. Any compensation payments other tfo n necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amounts payable on death. (e) I f no amount is payable under paragraphs (a), (b), (c) or (d ) of t:iis section, a sum n o t to exceed one hundred and fifty dollars for burial expenses to be paid by the employer to the undertaker ot to the person or persons incurring the expense of burial, and th e fu rth er sum of t ^ree hundred dollars, which shall be paid w ithin sixty days into a special fund, of which the S tate treasurer shall be ex-officio custodian. Riich spp- ial fund to be held and disbursed for the purposes hereinafter Rtatn.il 1 1paragraph (f ) of scetion 8. either upon the order of the indus trial cor mission or of a competent court. Said special fund shall be depositee the same as are State fu n d s and any in terest accruing thereon shall be added thereto every six months. I t shall be subject to au d it the samf as State funds and accounts and shall be protected by the t. - 46 THlHD SPECIAL SESSION. general bond given by the State treasurer. I t shall be considered always appropriated for the purposes of disbursements as provided in section 6; paragraph (f), of this Act, and shall be paid out and disbursed as therein provided and shall not a t any time be appropriated or diverted to any other use or purpose; provided, that whenever any sum is paid into the said fund and subsequently i t develops th a t compensation is payable under paragraphs (a ), (b ), (c) ot (d) of this section, th e industrial commission shall order the refund of any sum paid into the said fund, and the State treasurer as custodian of said fund shall immediately refund the sum paid to him in accordance w ith the order of th e indus trial commission upon receipt by him of a certified copy of said older. The industrial commission shall, within ten days after the rendition of any award providing for payments into said special fund provided for in paragraph (c) of this section, mail a certified copy thereof to the State treasurer.. I f 'said award be not paid w ithin th irty days after the date said award has become final, the State treasurer shall proceed to take judgm ent thereon in his own name as ex-officio custodian of said fu n d as is provided for other awards by this A ct and take th e necessary steps to collect said award. The industrial commission shall immedi ately, upon learning of any death because of which payments into said fund may become due under paragraph (e) of this section, notify the State treasurer thereof and the State treasurer, if payments be not made into said fund within sixty days following said death on account of which it may be due, shall w ithin sixty days after the receipt of said notice institute proceedings in his own name before the industrial commission for the collection thereof, and in said proceedings the industrial com mission may order the burial fund provided ot in this A ct paid to the person, corporation or organization who has paid o r become liable for the payment of same. I n all such proceedings so instituted by th e State treasurer it shall not be a defense that notice of the disablement was not given the employer as provided in this Act or th at the demand for pay m ent was not made within six months or th at w ritten claim for compen sation was not filed w ith th e industrial commission w ithin one year. Any person, corporation or organization who has paid or become liable for the payment of burial expenses of said deceased employee m ay in his or its own name institute proceedings before the industrial commission for the collection thereof. Provided further, th a t at no tim e shall there be paid into said special fund on account of any one death a sum to exceed three hundred dollars. ( f ) All compensation, except fo r burial expenses provided in this section to be paid in case occupational disease results in death, shall be paid in installments equal to the percentage of the average earning as provided for in section 8 of this Act, a t the same intervals a t which the wages or earnings of the employees were p aid ; o r if this shall not be feasible, then installm ents shall be paid weekly: Provided, such com pensation may he paid in a lum p sum upon petition as provided in sec tion 9 of this Act, (g) The compensation to be paid fo r occupational disease which results in death, as provided in this section, shall be paid to the persons who form the basis for determining the am ount of compensation to be EMPLOYMENT. 47 paid by \he employer, the respective hares to he in the proportion o their respective dependency a t the time of the disablement on the earn ings of iiie deceased: Provided, th at the industrial commission or an arbitrator thereof may, in its or his discretion, order or award the pay ment to i he parent or grandparent of a child for the latter's support th e amount <? compensation which but for such order or award would have been paid to such child as its share of the compensation payable, winch order or award may be modified from time to time by the commission in its discretion with respect to the person to whom shall be paid the amount of said order or award remaining unpaid at the tim e of said modification. The payments of compensation by the employer in accordance w ith the order or award of the industrial commission shall discharge such employer Crum all further obligation as to such compensation. In a case where any of the persons who would be entitled to com pensation is living a t any place outside of the U nited States, then p ay ment shall be made to the personal representative of the deceased em ployee. The distribution by such personal representative to the persons entitled shall be made to such persons and in such m anner as the com mission shall order. (h) 1. Whenever in paragraph (a) of th is section a m inim um of two thousand five hundred dollars is provided, such m inim um shall be increased in the following cases to the following am ounts: Three thousand dollars m case of one child under the age of 16 years at the time of the death of employee. Tiu -'e thousand one hundred dollars in case of two children under the age (-1 16 years a t the time of the death of employee. T hr o thousand two Inmdred dollars in case of three or mrne chil dren unuer the age of 16 years a t the time of the death of the employee. 2. Whenever four times the average annual earnings of the de ceased employee as provided in paragraph (a) of this section am ounts to more than two thousand five hundred dollars and to less th a n four thousand dollars, th e am ount so payable under said paragraph shall be increased as follows: In case such employee left surviving him one child under the age of sixteen years the amount so payable shall be increased three hundred fifty doi ars. In case such employee left surviving him two children under the age of sa te e n years the am ount so payable shall be increased four hun dred filly dollars. In case such employee left surviving him rhree or more children under the age of sixteen years the amount so payable shall be increased six hundred dollars. 3. Whenever in paragraph (a) of this section a maxim um of fo u r thousand dollars is provided, such maximum shall be increased in the followii!g cases to the following amounts: Four thousand four hundred fifty dollars in case of one child under the age of sixteen years a t the time of the death of the employee. Fo T thousand eight hundred dollars in case of two children under the age of sixteen years at the time of the death of the employee. 48 THIRD SPECIAL SESSION. Five thousand five hundred dollars in case of three or more children under the age of- sixteen years a t the time of the death of the employee. 4. Whenever four times the average annual earnings of the de ceased employee as provided in paragraph (a) of this section amounts to four thousand dollars and not more than four thousand four hundred dollars and the deceased employee left surviving him one child under the age of sixteen years the amount payable shall be four thousand four hundred dollars. Whenever four times the average annual earnings of the deceased employee as provided in paragraph (a) of this section amounts to four thousand dollars and not more than four thousand seven hundred dollars and the deceased employee left surviving Mm two children under the age of sixteen years the amount payable shall be four thousand seven hundred dollars. Whenever four times the average annual earnings of the deceased employee as provided in paragraph (a) of this section amounts to fouT thousand dollars and not more than five thousand dollars and the de ceased employee left surviving him three or more children under the age of sixteen years the amount payable shall be five thousand dollars. - (i) In case the employee is under sixteen years of age a t the time of the last cay of the last exposure and is then illegally employed, the amount of compensation payable under paragraphs (a ), (b ), (c), (d) and (e) of this section shall be increased fifty percentum. Provided, however, that nothing herein contained shall be construed to repeal or amend the provisions of an Act concerning child labor, approved June 26,1917, as subsequently amended relating to the employment of minors under the age of sixteen years. (j) Whenever the dependents of a deceased employee are aliens not residing in the U nited States or Canada, the amount of compensa tion payable shall be limited to the beneficiaries described in paragraphs (a), (b) and (c) of this section and shall be fifty percentum of the compensation provided in paragraphs (a ); (b) and (c) of this section except as otherwise provided by treaty. 8. The amount of compensation which shall be paid to the employee for disability from an occupational disease not resulting in death shall be; - (a) In cases of silicosis, or silicosis complicated with tuberculosis, or asbestosis, or asbestosis complicated with tuberculosis, the employer shall provide the necessary first aid. medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however to that which is reasonably required to cure or relieve from the effects of said diseases for a period not exceeding six months from date of disablement. In all other cases, the employer shall provide the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital sewups thereafter. limited, however to that which is reasonably required to effect a cure from the effects of the disease. The employee may in any case elect to secure his own physician, surgeon and hospital services at his own expense. Any occupational disease resulting in .the amputation of an arm, hand, leg or foot, ot the enucleation of any eye, EMPLOYMENT* 49 the employer shall furnish an artificial of any such member lost by occu pational disease arising out of and in the course of the employment, and shall alsu furnish the necessary braces in all proper and necessary cases, provided, the furnishing by the employer of any such services or appli ances sh ill not be construed to admit liability on the part of the em ployer tc pay compensation, and the furnishing of any such- services ox appliances by the employer shall not be construed as the payment of compensation. (b) If the period of tem porary total incapacity for work lasts more th ru six working days, compensation equal to fifty percentum of the earirngs, but not less than $7.50 nor more $15.00 per week, begin ning on ihe eighth day of such temporary total incapacity and continuing as long m the temporary total incapacity lasts* but not after the am ount of compt nsation paid equals the amount which would have been payable as a dca h benefit under paragraph (a ), section 7, if the employee had died as i result of the occupational disease, leaving heirs surviving as provided in said paragraph (a ), section 7: Provided, th at in the case where t! e temporary total incapacity for work continues for a period of more than thirty days from the day of the disablement, then compen sation si .ill commence on the day after the disablement. (c) For any serious and permanent disfigurement to the hand, head, ia-e or neck, the employee shall be entitled to compensation for such dis.igurement, the amount fixed by agreement or by arbitration in accordarce with the provisions of this Act, which amount shall not ex ceed one-quarter of the amount of the compensation which would have been payable as a death benefit under paragraph (a), section 7, if the employe had died as a result of the occupational disease, leaving heirs surviving as provided in said paragraph (a), section 7: Provided, th at no compensation shall be payable under this paragraph where compensa tion is payable under paragraphs {d), (e) or ( f ) of this section: And, provided, further, that when the disfigurement is to the hand, head, face or neck as &result of any occupational disease fox which compensation is not payable under paragraphs (d ), (e) or (f) of this section, com pensation fox such disfigurement may be had under this paragraph. (d) If, after the disablement has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing his usual and customary line of employment, he shall, except in the cases covered ay the specific schedule set forth in paragraph (e) of this section, receive (ompensation, subject to the limitations as to tune and maximum amount.*- fixed in paragraphs (b) and (h) of this section, equal to fifty percents zn of the difference between the average amount which he earned before the last day of the last exposure and the average amount which he is earning o ris able to earn in some suitable employment or business after t.hi disablement. (e) For disabilities in the following schedule, the employee shall receive compensation for the period of temporary total incapacity for work remitting from such occupational disease, in accordance with the provisions of paragraphs (a) and (b) of this section, for a period not to exceed sixty-four weeks, and shall receive in addition thereto com- pensatkn for a further period subject to limitations as to amounts a 50 THIBD SPBOlAi SESSION in this section provided, for the specific loss herein mentioned, as fol lows, but shall not receive any compensation for such disabilities under any other provision of this Act. 1. Per fixe loss of a thumb, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during seventy weeks. 2. For the loss of a first finger, commonly called the index finger, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during forty weeks. 3. For fixe loss of a second finger, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during thirty- five weeks. 4. For the loss of a third finger, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during twenty-five weeks. 5. For the loss of a fourth finger, commonly called the little finger, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during twenty weeks, 6. The loss of the first phalange of the thumb or of any finger, shall he considered to be equal to the loss of one-half of such thumb or finger and compensation shall be one-half of the amount above specified. 7. The loss of more than one phalange shall be considered as the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. 8. For the loss of a great toe, or for the permanent and complete loss of its use, fifty percentum of the average weekly wage during thirty-five weeks. 9. For the loss of each toe other than the great toe, or for the permanent and complete loss of its use, fifty percentum of the average weekly wage during twelve weeks. 10. The loss of the first phalange of any toe shall be considered to be the equal to the loss of one-half of such toe, and compensation shall be one-hair of the amount above specified. 11. The loss of more than one phalange shall be considered as the loss of the entire toe. * 12, For the loss of a hand, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during one hundred and seventy weeks. 13. For the loss of an arm, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during two hun dred and twenty-five weeks. 14. For the lose of a foot or the permanent and complete loss of its use, fifty percentum of the average weekly wage during one hundred and thirty-five weeks. 15. For the loss of a leg, or the permanent and complete loss of its use, fifty percentum of the average weekly wage during one hundred and ninety weeks. 16. For the loss of the sight of an eye, o r for the permanent and complete loss of its use, fifty percentum of the average weekly wage dur ing one hundred and twenty weeks. EMPtOYilEOT- 51 16%. For the total and permanent loss of the hearing of one ear, fifty percentum of the average weekly wage during fifty weeks and for the total and permanent loss of hearing of both ears, fifty percentum oi the average weekly wage during .one hundred twenty-five weeks. 16%, For fire loss of a testicle, fifty percentum of the average weekly wage during fifty weeks, and for the loss of both testicles, fifty peTcentuin of the average weekly wage during one hundred fifty weeks. 17. For the permanent partial loss of use of a member of sight of an e y , but not including the bearing of an ear, fifty percentum of the average weekly wage during that proportion of the number of weeks in the foregoing-schedule provided for the loss of such member ox sight of an ey*i which the partial loss of use thereof bears to the total loss of use of such member or sight of eye. 17%. In competing the compensation to be paid to any employee who, before the disablement foT which he claims compensation, had before il at time sustained the loss by amputation or partial loss by amputation of any member, including hand, arm, thumb or fingers, leg, feet, or u i j toes, such loss or partial loss of any such member shall be deducted from any award made for the subsequent disablement, and for the permanent total loss of use or the permanent partial loss cf use of any such member or tike sight of an eye for which compensation has been paid then such loss shall be taken into consideration and deducted from 3xi\ award fox the subsequent disablement. 18. The specific case of loss of both hands, or both arms, or both feet, ox both legs, or both eyes, ox of any two thereof, suffered by occu pational disease, oi the permanent and complete loes of use thereof, suffered by occupational disease, shall constitute total and permanent disability, to be compensated according to the compensation fired by paragraph (f) of this section: Provided, that these specific cases of total an< permanent disability shall not be construed as excluding other cases: Provided further, that any employee who has previously in a ry manner uffeted the loss or permanent and complete loss of the use of any of iaid members, and in a subsequent independent disablement loses another or suffers the permanent and complete loss of the use of any one of said members, the employer for whom the disabled employee was working at the time of the last day of the last exposure shall be liable to pay compensation only for the loss or permanent and complete loss of the use of the member*occasioned by said last independent dis ablement. 10. In a case of specific loss under the provisions of'this paragraph and the amount of which loss has been determined under the provisions of this Act, and the subsequent death of such employee from other causes that such occupational disease, leaving a widow and/or lineal depen dents surviving befoTe payment in full for such specific loss, then and in that event the balance remaining due for such specific loss shall be payable to such dependents, in the proportion which such dependency bears to total dependency. (f) In case of complete disability, which renders the employee wholly and permanently incapable of work, compensation equal to fifty percentum of hie earnings but not less than $7.60 nor more than $15.00 52 THlKD SPECIAL SESSION. per week; commencing on the day after the disablement, and continuing until the amount paid equals the amount which would have been pay able as a death beneiit under paragraph (a), section 7, if the employee had died as a result of the occupational disease, leaving heirs surviving as provided in said paragraph (a ), section 7, and thereafter a pension during life annually, in the specific case of total and permanent disa bility equal to 12 percentum, and in other cases of total and permanent disability equal to 8 percentum, of the amount which would have been payable as a death benefit under paragraph (a ), section 7, if the em ployee had died as a result of the occupational disease, leaving heirs surviving, as provided in said paragraph (a ), section 7. Such pension shall be paid monthly. Provided, any employee who receives an award under this paragraph and afterwards returns,to work or is able to do eo, and who earns or is able to earn as much as before the last day of the last exposure, payments under such award shall cease; if such em ployee returns to wort:, or is able to do so, and earns or is able .to earn part but not as much as before the last day of the last exposure, such award shall be modified so as to conform to an award under paragraph (d) of this section: Provided, further, that if such award is terminated or reduced under the provisions of this paragraph, such employee shall have the right at any time within one year after the date of such ter mination or reduction to file a petition with the commission for the pur pose of determining whether any disability exists as a result of the occupational disease and the extent thereof: Provided, further, that disability as enumerated in subdivision 18, paragraph (e) of this section shall be considered complete disability. I f an employee who had pre viously in any maimer incurred loss or the permanent and complete loss of use of one member, through the loss or the permanent and com plete loss of the use of one hand, one arm, one foot, one leg, or one eye, incurs permanent and complete disability through the loss or the per manent and complete Joss of the use of another member, he shall receive, in addition to the compensation payable by the employer and after-such payments have ceased, an amount from the special fund provided for in paragraph (e) of section 7, which, together with the compensation pay able from the employer in whose employ he was on the last day of the last exposure, wifi equal the amount payable for permanent and com plete disability as provided in this paragraph of this section. The custodian of said special fund provided for in paragraph (e) of section 7 shall be joined with the employer as a party respondent in the application for adjustment of claim. Said application for adjust ment of claim shall state briefly and in general terms the approximate time and place and manner of the loss of the first member. The indus trial commission shall mail a copy of said application to the custodian of said special fund and shall mail to said custodian all notices of hearing that are mailed to the employer and employee. In its award the commission or the arbitrator shall specifically find the amount the employee shall be weekly paid, the number of weeks' compensation which shall be paid by the employer, the date upon which payments shall begin out of the fund provided for in paragraph (e) of section 7 of this Act, the length of time said weekly payments shall con EMPLOYMENT. 53 tinue, the date upon which the pension payments shall commence and the monthly amount of said payments. A certified copy of said award and the judgment of any court of competent jurisdiction affirming same shall be. by the industrial commission,, sent to the State treasurer by registered mail. I t shall be the duty of the said State treasurer, th irty days after the date upon which payments out oi said fund shall be com menced js provided in said award, and every month thereafter, to mail to the s:tid employee direct, o r a t the option of said treasurer, to some bank in the county in which he resides for delivery to him. a check or d raft payable out of said special fund, for ail compensation accrued to th a t dais at the rate fixed in said award. Sam check or d ra ft cr the back thereof shall designate the style and docket number of the cause and the period of time for which it pays, and shall be accompanied by a duplicate receipt, on a form to be supplied by the industrial commis sion, which receipt shall be executed in duplicate by the employee and returned to the* treasurer, who shall retain one thereof and shall mail one to the said industrial commission. Said d raft, check o r receipts shall be a full and complete acquittance to the said State treasurer for the payment out of eaia fund, and no other appropriation or w arrant except the certified copy of said award and judgm ent of said court shall be necessary to w arrant payment out of said fund. The said fund shall be always considered as appropriated for the purpose of making payments according to the terms of said awards. (g) In case death occurs as a result of occupational disease before the total of the payments made equals the am ount payable as a death benefit, then in case the employee leaves any widow, child or children, parents, grandparents, .or other lineal heirs, entitled to compensation under section 7, the difference between the compensation foT death and the sum of the payments made to the employee, shall be paid to the beneficiaries of the deceased employee, and distributed as provided in paragraph (f) of section 7, but in no case shall the am ount payable under tins paragraph be less than $500.00. (h) In no event shall the compensation to be paid exceed fifty perccntum of the average.weekly wage, or exceed $15.00 per week in am o u n t; nor, except in case of complete disability, as defined above, shall any payments extend over a period of more than eight years from the date of the disablement. In case an employee shall be mentally incom petent ; t the time when any rig h t or privilege accrues to him under the pi*ovisions of this Act, a conservator or guardian may be appointed p u r suant to law, and may, on behalf of such m ental incompetent, claim and exercise any such right or privilege with, the same force and effect as if the employee himself had been mentally* competent and had claimed or exercised said right or privilege; and no lim itations of tim e by th is Act provided shall ru n so long as said mentally incom petent employee is without a conservator ot gunrdian. (i) " I.* All compensation provided for in paragraphs (b ), (c), (d ) , (e) and (f) of this section, other th an in case of pension for life, shall br paid in installments a t the same intervals at which the wages or earn ngs of the employee were paid at the time of the last exposure, or if th 's shall not be feasible, then the installm ents shall be paid w eekly; H TKIKD SPECIAL SESSION. all payments of compensation to be made not later than two weeks after the interval for which compensation is payable. 2. Provided, tbat any payments of compensation by the employer to an employee shall not be construed against the employer as admitting liability to pay compensation; and 3. Provided, further, that all compensation payments named and provided for in paragraphs (b), (c ), (d), (e) aha (f) of this section, shall mean and be defined to be for only such occupational diseases and disabilities therefrom as are proven by competent evidence, of which there aie or have been objective conditions or symptonis proven, not within the physical or mental control of the employee himself. (]) I* Wherever in this section there is a provision for fifty percentum, such percentum shall be increased five percentum for each child of the employee, including children who have been legally adopted, under 16 years of age at the time of the disablement to the employee until such percentum shall reach a maximum of sixty-five percentum. 2. Wherever in tins section a weekly minimum of $>7.50 is pro vided, such minimum shall be increased in the following cases to the followin'* amounts: $13.00 hi Uie ease oL` an employee having <ma child under the age .of 16 years at the time of the disablement of the employee; $12 00 in case of an employee having two children under the age of 16 years at the time of the disablement of the employee; $13.00 in case of an employee having three children under the age of 16 years at the time of the disablement of the employee ; $14.00 in case of an employee having four or more children under the age of 16 years at the time of the disablement of the employee. 3. Wherever in this section a weekly maximum of $15.00 is pro vided. such maximum shall be increased in the following cases to the following amounts: $16.00 in case of an employee with two children under the age of 16 years at the time of the disablement of the employee. $18.00 in case of an employee with three children under the age of 16 years at the time of the disablement of the employe. $20.00 in case of an employee with four or more children under the age of 16 years at the time of the disablement of the employee. (k) In case the employee is under sixteen years of age at the time of the last day of the last exposure and is illegally employed, the amount of compensation payable under paragraphs ( b ) /( c ) , (d), (e) and (f) of this" section shall be increased fifty percentum. Provided, however, that nothing herein contained shall be construed to repeal or amend the provisions of an Act concerning child labor, approved June 26, 1917, as anhsE^mmily amended relating to the employment of minors under the age u! >;\tecn years. 9, Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum. may petition the commission, asking that such compensation be so paid, and if, upon proper notice to the interested parties and a proper showing made before such commission or any membeT thereof, it appears to the best interest of the parties that such compensation be so paid, the KHPLOYMESTT. 55 commission may order the comm utation of the compensation to a n equivalent lump sum, which comm utation shall be an amount which w ill equal the total sum of the probable future payments capitalized at th eir present value upon the basis of interest calculated at three per centum per annum with annual rates; Provided, that in cases indicating complete disability no petition for a commutation to a lump sum basis shall be entertained by the commission until after the expiration of six m onths from the date of the disablement, and where necessary, upon proper application being made, a guardian, conservator or administrator, as the case may be, may be appointed fo r any person under disability who may be entitled to any such compensation, and an employer bound by the terms of this Act and liable to pay such compensation, may petition fo r the appointment of the public adm inistrator, or a conservator, or g u ar dian, where no legal representative has been appointed or is acting for such party or parties under disability. Subject to the provisions herein above in this paragraph contained, where no dispute exists as to the fact th a t the occupational disease arose out of aiid in .the course of th e ' employment ana where such disease results n. death or in the amputation of any member or in the enuclea tion of an eye, then and in such case the arbitrator or commission may, upon the petition of either the employer or the employee, enter an award providing for. the paym ent of' compensation for such death or disability in accordance with the provisions of section 7 or paragraph (e) of section 8 of this Act, 1 (. The basis for computing the compensation provided for in sections 7 and 8 of this Act shall be as follows: (a) The compensation shall be computed on the basis of the annual earnings which the disabled person received as salary, wages or earnings if in the employment of the same employer continuously during the year next preceding the last day of the last exposure. (h) Employment by the same employer shall be taken to menu employment by the same employer in the grade it; which the employee was emp:>yed a t the time of the last day of the last exposure unim or- rupted bv absence from work due to illness or any other unavoidable cause. * v. ^ (c) I f such person has n o t been engaged in the eipploymeui of the same employer for the full year immediately precedin^fee last day of the la.it exposure, the compensation shall be computed^fccording to the annuid earnings which persons of the same class in the same employ ment and same location, (or if th a t be impracticable, of neighboring employments of the same kind) have earned during such period. (d) As to employees in employments in which it is the custom to operate throughout the working days of the year, the annual earnings, if not otherwise determinable, shall he regarded ns 300 times the average daily earnings in such computation. (e) As to employees in employments in which it is the custom to operate for a p art of the whole number of working days in each year, such number, if the annual earnings are not otherwise determinable, shall be "sed instead of 300 as a basis for computing the annual earn --23 56 THIRD SPECIAL SESSION. ings: Provided, the minimum number of days which shall be so used for the basis of the year's work shall be not less than 200. (i) In the case of employees who earn either no wage or less than the earnings of adult day laborer in the same line of employment in that locality, the yearly wage shall be reckoned according to the average annual earnings of adults of the same class in the same (or if that is impracticable then of neighboring) employments. (g) Earnings, for the purpose of this section, shall be based on the earnings for the number of hours commonly regarded as a day's work for that employment, and shall .exclude overtime earnings. The earnings shall not include any sum which the employer has been accus tomed to pay the employee to cover any special expense entailed on him by the nature of his employment. (h) In computing the compensation to be paid to any employee, who, before the disablement for which he claims compensation, was dis abled and drawing compensation under the tern s of this Act, the com pensation for eaeh subsequent disablement shall be apportioned accord ing to the proportion of incapacity and disability caused by the respective disablements which he has suffered. (i ) To determine the amount of compensation for each installment period the amount per annum shall be ascertained pursuant hereto,, and such *imount divided by the number of installment periods per annum. 11. (a) Whenever, after the death of an employee, any party in interest files an application for adjustment of claim under this Act, and it appears th at an autopsy may disclose material evidence as to whether or not such death was due to the inhalation of silica or asbestos dust, the industrial commission, upon petition of either party, may order an autopsy a t the expense of the party requesting same, and if sue!) autopsy is so ordered, the commission shall designate a competent pathologist to perform the same, and shall give the parties in interest such reasonable notice of the time and place thereof as will afford a reasonable opportunity to witness such autopsy in person or by a repre sentative. I t shall be the duty of such pathologist to perform such autopsy as, ir. his best judgment, is required to ascertain the cause of death. Such pathologist shall make a complete written report of all his findings to the industrial commission (including laboratory results described as such, if any). The said report of the pathologist shall contain Ins findings on post-mortem examination and said report shall not contain any conclusion of the said pathologist based upon the findings* so re ported. Said report shall be placed on file with the industrial commission, and shall be a public record. Said report, or a certified copy thereof, may be introduced by either party on any hearing as evidence of the findings therein stated, but shall not be conclusive evidence of such findings, and either party may rebut any p art thereof. (b) Where an autopsy "has been performed a t any time with the expre^ or implied consent of any interested party, and without some opposing party, if known or reasonably ascertainable, having reasonable notice of and reasonable opportunity of witnessing the same, all evidence BKPLOrMTEKT. 57 obtained by such autopsy shall be barred upon objection a t any h e a rin g ; provided, th at this paragraph shall.not apply to autopsies by a coroner's physician ir the discharge of his official duties. 12. An employee entitled to receive disability payments shall be required, if requested by the employer, to submit himself, a t the expense of the employer, for examination to a duly qualified medical practitioner or surgeon selected by the employer, at any tim e and place reasonably convenient for th e employee, either w ithin o r w ithout the State of Illinois, for the purpose of determining the nature, extent and probable duration of the occupational disease and the disability there from suffered by the employee, and for the purpose of ascertaining the amount of compensation which may be due the employee from time to time for disability according to the provisions of this Act: Provided, an employes* requesting such an examination, of an employee residing within the State of Illinois, shall pay in advance of the time fixed for the examination sufficient money to defray the necessary expense of travel by th* most convenient means to and from the place of exam ina tion, and the costs of meals necessary during the crip, and if the ex amination cr travel to and from the place of examination causes any loss of worl.ing time bn the p a rt of the employee, the employer shall reimburse him for such loss of wages upon the basis of his average daily wage. Provided, however, th at such examine non shall be made in the presence of a duly qualified medical practitioner or surgeon pro vided and paid for by the employee, if such employee so desires. In all cases where the examination is made by a physician or su r geon engaged by the employer, and the employee "s.;s no physician or surgeon present at such examination, it shall be the duty of the -phy sician or surgeon making the examination at the instance of the em ployer to deliver to the employee, or Ms representative, a statem ent in writing o: the examination and findings to the same extent th a t said physician or surgeon reports to the employer and the same shall be an exact copy of th at furnished to the employer, said copy to he furnished the employer-, or his representative, as soon as practicable but not later th an the time the case is set for hearing. Such delivery shall be made in person eirher to the employee ot his representative, or by registered mail to either, and the receipt of either shall be proof of such delivery. I f such physician or surgeon rouses to furnish the employee with such statem ent to the same extent as th at furnished the employer, said phy sician or surgeon shall not be perm itted to testifiy a t the hearing next following said examination. I f the employee reivtses so to subm it him self to examination'or unnecessarily obstructs the same, his rig h t to compensation payments shall be tem porarily suspended u ntil such ex amination shall have taken place, and no compensation shall be pay able under this Act for such period. I t shall be the duty of physicians or surgeons treating an employee who is likely to die, and treating him a t the instance of the employer, to have called in another physician or surgeon to be designated and paid for by either the employee or by the person or poisons who Would become his beneficiary *or beneficiaries, to make an examination before the death of such employee. 58 THIRD SPECIAL SESSION. Id afl cases where the examination is made by a physician or sur geon engaged by the employee, and the employer has no physician or surgeon present a t such examination, it shall be the duty of the physi cian or surgeon making the examination at the instance of the employee, to deliver to the employer, or his representative, a statem ent in w riting of the examination and findings to the same extent th a t said physician or surgeon reports to the employee and the same shall be an exact copy of th at furnished to the employee, said copy to be furnished- the em ployer, or his representative, as soon as practicable but not lateT than the time the case is set for* hearing. Such delivery shall be made in person either to the employer, or his representative, or by registered anail to either, and the receipt of either shall be proof of such delivery. I f such physician ot surgeon refuses to furnish the emplover with such statem ent to the same extent as th a t furnished the employee, said physasian or surgeon shall not be perm itted to testify at the. hearing next following said examination. 13. No compensation shall bo payable under this Act for any condition of physical or mental ill-being, disability, disablement, ot death for which compensation is recoverable on account of accidental injury under the "Workmen's Compensation Act." 1*1. The .members of the industrial commission, arbitrators and other employees whose duties require them to travel, shall have reim bursed to them their actual traveling expenses and disbursements made or incurred by them in the discharge of their official duties while away from their place of residence in the performance of their duties under this Act. The secretary, or assistant secretary, of the commission shall fu r nish certified copies, under the seal of the commission, of any such rec ords, files, orders, proceedings, decisions, awards and other documents on file with the commission as may be required. Certified copies so furnished by the secretary or assistant secretary shall be received in evidence before the commission or any arbitrator thereof, and in all courts, provided th a t the original of such certified copy is otherwise competent and admissible in evidence. The secretary or assistant secre tary shall perform such other duties as may be prescribed from tim e to tim e by the commission. ^ The security supervisor, under the direction of the industrial com mission, shall perform such duties as may be prescribed from time to time by th e commission. 15. The industrial commission shall have jurisdiction over the operation and adm inistration of the compensation provisions of this Act, and said commission shall perform all the duties imposed upon it by this Act, and such further duties as may hereafter be imposed by law and the rules of the industrial commission not inconsistent there with. 16. The industrial commission shall make and publish rules and orders fo r carrying out the duties imposed upon it by law, which rules and orders shall be deemed prima facie reasonable and valid; and the process and procedure before the commission shall be as simple and summary as reasonably may be. The commission upon application of EMPLOYMENT. 59 either party may issue dedimus poiesiatem directed to a commissioner, notary public, justice of the peace or aDy other officer authorized by law to administer oaths, to take the depositions of such witness or w it nesses as may be necessary in the judgm ent of such applicant. Such dedimus potestatem may issue to any of the officers aforesaid in any state or territory of the U n ited States. 'When the deposition of any witness resident of a foreign country is desired to be taken, the dedimus shall be directed to and the deposition taken before a consul, vice consul or other authorized representative of the government of the U nited States of America, whose station is in the country where the witness whose d<position is to be taken resides; provided, th at in countries where the government of the U nited States has no consul or other diplom atic represcn:ative, then depositions in such case shall be taken through the appropriate judical authority of th a t country; c-r where treaties provide for other methods of taking depositions, then the same may be taken as in euc.'i treaties provided. The commission shall have the power to acton I in ocssary rules to govern the issue of such dedimus pofestaiem The emiumssion, or any member thereof, or any arbitrator designated by said commission shall have the power to administer oaths, subpoena and examine witnesses, to issue subpoenas duces tecum, requiring the production of such books, papers, records and documents as may be evidence of any m atter under inquiry, and to examine and inspect the same and such places or premises as may relate to the question in dis pute. S'lid commission, or any member thereof, or any arbitrator desig nated by said commission, shall on written request of either p arty to the dispute, issue subpoenas for the attendance of such witnesses and production of such books, papers, records and documents as shall be designated in said applications, providing, however, th a t the parties applying for such subpoena shall advance the officer and witness fees provided for in suits pending in the Circuit Court. Service of such subpoenas shall be made by any sheriff or constable or otheT person. In case any person refuses to comply with an order of the commission or subpoenas issued by it or by any member thereof, or any a rb itra to r designated by said commission or to perm it an inspection of places or premises, or to produce any books, papers, records, or documents, or any witness refuses to testify to any matters regarding which he may be lawfully interrogated, the county court of the county in which said healing or m atter is pending, on application of any member of the commissi m or any arbitrator designated by the commission, shall com pel obedience by attachm ent proceedings, as for contempt, as in a case of disobedience of the requirements of a subpoena from such goutl or refusal testify therein. The records kept by a hospital, certified to ns true and correct by the superintendent or other officer in charge, bowing the medical and surgical Treatment given an employee in such hospital, $lmll adm is sible without any further proof as evidence of the medical and surgical matters f- ated therein, but shall not be conch m\ e proof of such m atters The commission a t its expense shall provide a stenographer to take the testimony and Tecord of proceedings at the hearings before an arbi trator, committee of arbitration, or the commission and said steno 60 THIBD SPECIAL SESSION. grapher shall furnish a transcript of such testimony or proceedings to either party requesting it, upon payment to him therefor of ten cents per one hundred words for the original and eight cents per one hundred words for each copy of such transcript. The commission shall have the power to determine the reasonable ness and fix the amount of any fee of compensation charged by any person, including attorneys, physicians, surgeons and hospitals, for any service performed in connection with this Act, or for which payment is to be made under this Act or rendered in securing any right under tjhie Act. 17. The commission shall cause to be printed and shall furnish free of charge upon request by any employer or employee such blank forms as it shall deem requisite to facilitate or promote the efficient administration of this Act, and the performance of the duties of the commission; it shall provide a proper record in which shall be entered and indexed the name of any employer who shall file a notice of election under this Act, and the date of the filing thereof; and a proper record in which shall be entered and indexed the name of any employee who shall file a notice of election, and the date of the filing thereof; and such other notices as may be required by this Act; and records in which shall be recorded all proceedings, orders and awards had or made by the commission, or by the arbitration committees, and such otheT books or records as it shall deem necessary, all such records to be kept in the office of the commission. The commission, in its discretion, may des troy all papers and documents except notices of election and waivers which have been on file for more than five years where there is no claim for compensation pending, or where more than two years have elapsed since the termination of the compensation period. 18. All questions arising under this Act, if not settled by agree ment of the parties interested therein, shall, except as otherwise pro vided. be determined by the industrial commission. 19. Any disputed questions of law or fact shall be determined as herein provided. (a) I t shall be the duty of the industrial commission upon notifi cation that the parties have failed to reach an agreement, to designate an arbitrator; provided, that if the compensation claimed is for a partial -permanent or total permanent incapacity or for death, then the dispute may, at the election of any party, be determined by a committee of arbi tration consisting of three members, which election for determination by a committee shall be made by any petitioner filing with the commis sion his election in writing with the petition or by any other party filing with the commission his eLection in writing within five days of notice to him of the filing of the petition, and thereupon it shall be the duty of the industrial commission upon any of the parties having filed such election for a committee of arbitration as above provided, to notify the parties to appoint their respective representatives on the committee of arbitration. The commission shall designate an arbitrator to act as chairman, and if either side, whether by mere omission or ^because of disagreement among parties on th at side, fails to appoint its member on the committee within seven days after notification as above provided, BMPIiQYHISNT. 61 the commission shall appoint a person to fill the vacancy an d notify the parties to th a t effect. The party filing his election for a committee of arbitration shall with his election deposit with the commission the sum of twenty dollars, to be paid by th e commission to the arbitrators selected by the parties as compensation for their services as arbitrators and upon a failure to deposit as aforesaid, the election shall be void and the deter mination shall be by an arbitrator designated by the commission. The members: of the committee of arbitration appointed by either side o r one a p p o i n t by the commission to fill a vacancy by reason of the failure of urn; oi the parties to appoint, shall not he a member of the commission or au employee thereof. (1) T he application for adjustment- of claim filed with the indus trial cionmission shall state; (a) The approximate date of the last day or the last exposure and the approximate date of the disablement. (b) The general nature and character of the illness or disease claimed. (c) The name and address of the employer by whom employed on the last day of the last exposure and if employed by any other em ployer after such last exposure and before disablement the name and address ux such other employer or employers. (d) In case of death, the date and place oi death. (e) Amendments to applications for adjustm ent of claim which relate to the same disablement o r disablement resulting in death orig inally claimed upon may be allowed by the industrial commission or an arbitrator thereof, in .their discretion, and in the exercise of such discre tion, they may in propel' cases order a trial de novo; such amendm ent shall relate back to the date of the filing of the original application so amended. (f) Whenever any claimant misconceives his remedy and files an application for adjustm ent of claim under this Act and it is subsequently discovered, at any time before final disposition of such cause, that the claim for disability or death which was the biisis for such application should properly have been made under the VT^rkmen's Compensation Act, 1lieu the provisions of section 19, paragraph i a-1) of the W orkmen's Compensation Act having reference to such application shall apply. Whenever any claimant misconceives his icnody and files no appli cation for adjustment of claim under the Workmen's Compensation Act and it is subsequently discovered, at any time be.ore final disposition of such cause th at the claim for injury or death which was the basis for such application should properly have been made under this Act. then the application ao filed under the Workmen** Compensation Act may be amended in form, substance ox both to assert claim for such disability or death under this Act and i t shall he deemed *.o have been so filed as amended on the date of the original filing thereof, and such compensation may be awarded as is w arranted by the whole evidence pursuant to the provisions of this Act. When such amendment is subm itted, fu rther cr additional evidence may be heard by the arbitrator or industrial com mission when deemed necessary; `provided, th a t nothing in this section contained shall be construed to be or perm it a waiver of any provisions 62 CTTRD SPECIAL SESSION. of this Act with reference to notice or demand, but notice or demand if given shall be deemed to be a notice or a demand under the provisions of this Act if given within the time required herein. (b) The arbitrator or committee of arbitration shall make such inquiries and investigations as he or they shall deem necessary and may . examine and inspect all books, papers, records, places, or premises re la t ing to the questions in dispute and hear such proper evidence as the parties may submit. The hearings before the arbitrator or committee of arbitration shall be held in the vicinity where the last exposure oc curred,. after ten days' notice of the time and place of such hearing shall have been given to each of the parties or their attorneys of record. The arbitrator or committee of arbitration may find th at the disabling condi tion is temporary and has notxpet reached a permanent condition and may order the payment of compensation up to the date of the hearing, which award shall be xeviewable and enforceable in the same manner as other awards, and in no instance be a bar to a further hearing and deter mination of a further amount of temporary total compensation or of compensation for permanent disability, b u t shall he conclusive as to all other questions except the nature and extent of said disability. The decision of the arbitrator or committee of arbitration shall be filed with the industrial commission, which commission shall immediately send to each party or his attorney a copy of such decision, together with a notification of the time when it was filed, and unless a petition for review is filed by either party within fifteen days after the receipt by said party of the copy of said decision and notification of time when filed, and un less such party petitioning for a review shall within twenty days after the receipt by him of the copy of said decision, file with the* commission either an agreed statement of the facts appearing upon the hearing before the arbitrator or committee of arbitration, or if such party shall so elect, a correct transcript of evidence of the proceedings at such hearings, then the decision shall become the decision of the industrial commission and in the absence of fraud shall be conclusive : Provided, th at such indus trial commission or any member thereof may grant further time not exceeding thirty days, in which to petition for such reviw or to file such agreed statement or transcript of evidence. Such agreed statement of facts or correct transcript of evidence, as the case may be, shall be auihenticated by the signatures of the parties or their attorneys, and in the event they do not agree as to the correctness of the transcript of evidence it shall be authenticated by the signature of the arbitrator designated by the commission. (c) The industrial commission may appoint, a t its own expense, a duly qualified, impartial physician to examine the employee and Teport to the commission. The fee for this service shall not exceed* five dollars and traveling expenses, but the commission may allow additional reason able amounts in extraordinary cases. (c) If any employee shall persist in insanitary or injurious prac tices which tend either to imperil or retard his recovery or shall refuse to submit to such medical, surgical, or hospital treatment as is oasonahly soil,ini to promote his tccoycvy, the commission may. in its dis cretion. reduce or suspend the compensation of any such employee. EMPLOYMENT. 63 (e) I f &petition for review and agreed statem ent of facts or tra n script oi evidence is filed, as provided herein, the industrial commission shall pn inaptly review tire decision of the arbitrator or committee of arbitration and all questions of law or fact which appear from the said statem ent of facts or transcript of evidence, and such additional evidence as the parties may su b m it A fter such hearing upon review, the com mission shall file in its office its decision thereon, and shall im m ediately send to each party or his attorney a copy of such decision and a notifica tion of the tin e when i t was filed. Such review an d hearing1m ay be held in its office or elsewhere as the commission may deem advisable: Provided, th at th e taking of tes timony cn such hearing may be had before any member of the commis sion and in the event either of the parties may desire an argum ent before others oi the commission, such argum ent may be had upon w ritten de mand therefor filed w ith the commission a t least five days before th e date of the hearing, in which event such argum ent shall be had before not less th an a majority* of th e com m ission: Provided, th a t the comm is sion shall give ten days' notice to the parties or their attorneys of the time and place of such taking of testimony and of such argum ent. In any case the commission in its decision may in its discretion find specially upon any question or questions of law or fact which shall be submitted in w riting by either party, whether ultim ate or otherwise. Any parl v may, w ithin tw enty days after receipt of notice of the commis sion's decision, or w ithin such fu rth e r tim e not exceeding th irty days, as the commission m ay grant, file with the commission either an agreed statemenr of the facts appearing upon the hearing, or, if such party shall so idect, a correct tra n sc rip t of evidence of the additional proceed ings presented before the commission, in which report the party may embody ft correct statem ent of such other proceedings in the case as such party may desire to have reviewed, such statement of facts or tran scrip t of evidence to be Authenticated by the signature of the parties or th eir attorneys and in th e event th a t they do not agree, then the authentica tion of such tran scrip t of evidence shall be by the signature of any m em ber of thv commission. I f a reporter does not for any reason furnish a transcript of the proceedings before the arb itrato r in any case fo r use on a hearing for review before the industrial commission, w ithin the limitations of tim e as fixed in this section, the industrial commission may, in its discretion, order a trial de novo before the industrial com mission in such case upon application of either party. The applications for adjustm ent of claim and other documents in the nature of pleadings filed by either party, together w ith the decisions of th e arb itra to r and of the industrial commission, and the statem ent of facts or transcripts of evidence herein provided for shall be the record of the proceedings of said commission, and shall be subject to review as hereinafter provided. (f) The decision of the industrial commission acting w ithin its powers, according to the provisions of paragraph (e) of this section shall, in the absence of fraud, be conclusive unless reviewed as in this paragraph hereinafter provided: Providedhowever, that the arbitrator or the commission may on his or its own motion, or on the m otion of either party, correct any clerical error or errors in computation within 64 TKII?D SPECIAL SESSION*. fifteen days alter the date of any aw ard by such arb itrato r or anydecision on review of the commission; and shall have the power to recall the original award on arbitration or decision on review, and issue in lieu thereof such corrected aw ard or decision. W here such correction is made the time for appeal or review herein specified shall begin to run from the date of the receipt of the corrected aw ard or decision. (1) The circuit court of the county where any of the parties de fendant may he found, except in such cases as arise in a proceeding in which, under paragraph (b) of this section, the decision of the arbitrator or committee of arb itratio n has become the decision of the industrial commission) shall by w rit of certiorari to the in d u strial commission have power to review all questions of law an d fa c t presented by such record; provided no additional evidence shall be heard in the circuit court. Such suit by w rit of certiorari shall be commenced w ithin twenty days of the receipt- of notice of th e decision of the commission. Such w rit of certiorari and w rit of scire facias shall be issued by th e clerk of such court upon praecipe returnable on a designated re tu rn day, not less th an ten or more than sixty days from the date of. issuance thereof, and the praecipe shall contain the last known address of .other parties in interest and their attorneys of record who aTe to be served by scire facias, Serv ice upon any member of th e in dustrial commission or the secretary' or the assistant secretary thereof shall be sendee upon the commission, and service upon othei parties in interest and th e ir attorneys of record shall be by s e r s facias, and such service shall be m ade upon said commission and otheT parties in interest by m ailing notices o f th e commencement of the proceedings a n d th e retu rn day of th e w rit to th e office of the said commission and to th e last known place of residence of other parties m interest or their attorney or attorneys of record. The clerk of the court issuing the w rit of scire facias shall on the day of issue m ail notice of the commencement of th e proceedings w hich shall be done by m ailing a copy of th e w rit of certiorari to th e office of th e industrial commission, and a copy of th e w rit of scire facias to th e other parties in interest or their attorney or attorneys of record, a n d th e clerk of said court shall make certificate th a t he has so sen t said notices in pursuance of this section, which shall be evidence of service on th e commission and other parties in interest. - The industrial commission shall not be required to certify the record of their proceedings to the circuit court, unless the party com mencing the proceedings for review in th e circuit co m t as above pro vided, shall pay to the commission the sum of ten cents per one hundred words of testimony taken before said commission and six cents per one hundred wot&s of all other m atters contained' in such record* and it shall be the duty of the commission, upon such' paym ent, to prepare a true and correct typew ritten copy of such testim ony and a true and correct copy of all other m atters contained in such record, an d certified to by the secretary or assistant secretary thereof. In its decision on review the in d u strial commission shall determine in each particular case the am ount of. the probable cost of the record to be filed as a retu rn to the w rit of certiorari in th a t case and no praecipe for a writ of certiorari may be filed an d no w rit of certiorari shall issue EMPLOYMENT. G5 unless t\y. party seeking to review the decision of the in d u strial com mission frhal! exhibit to th e clerk of the said circi:it court a receipt show ing payment. of the sum s so determined to th e in dustrial commission. () No such w rit of certiorari shall issue unless the one against whom the industrial commission shall have rendered an award for the payment of money shall upon the filing of his praecipe fo r such w rit file with the clerk of said court a bond conditioned that if he shall not suc cessfully prosecute said w rit, he will pay the said aw ard and the costs of the proceedmgs in said court. The am ount of the bond shall be fixed by any member of the in d u strial commission and the surety or sureties of said bond shall be approved by the clerk of said court. The State and every county, city, town, township, incorporated vil lage, school district, body politic or m unicipal corporation having a population of five hundred thousand or more against whom the indus trial commission shall have rendered an award for the paym ent of money shall not be required to file a bond to secure the paym ent o f said award and the costs of the proceedings in said court to authorise said court to issue such w rit of certiorari. The co u rt'm ay confirm ot set aside the decision of the industrial commission. If the decision is set aside and the facts found in the pro ceedings before the commission are sufficient, the court may enter such decision ;is is justified by law, or may remand the cause to the industrial commissi-m for fu rth er proceedings and may state the questions requir ing further hearing, and give such other instructions as m ay be proper Judgm ents and orders of the circuit court under th is Act shall be reviewed only by th e Suprem e Court upon a w rit of e rro r which the Supreme Court in its discretion may order to issue, if applied for within thirty days after the rendition of the circuit court judgm ent or order sough! to be reviewed. T h e w rit of error when issued shall operate as a supersedeas. The bond filed w ith th e praecipe for the w rit of certio rari as pro vided in this paragraph shall operate as a stay of judgm ent o r order of the circuit court until the tim e shall have passed w ithin which an appli cation for a w rit of error can be made, and u n til the S uprem e C ourt has acted upon the application fo r a w rit of error, if such application is made. I t shall b the duty of the clerk of any court rendering a decision affecting or affirming an award of the commission prom ptly to furnish the commission w ith a copy of such decision, w ithout charge. The decision of a m ajority of the members of the committee of arbitration ox of th e in d u strial commission, shall be considered the de cision of such committee or commission, respectively. (g) E ither party may present a certified copy of the aw ard of the arbitrator, or a certified copy of the decision of the industrial commis sion when the same has become final, when no proceedings for Teview aie pending, providing for the payment of compensation according to this Act, to the circuit court of the county where the Inst exposure occurred or either of the parties are residents, whereupon said court shall render a judgm ent in 'accordance th erew ith; and in case where the employer refuses to pay compensation according to such final award or such final 66 THIRD SPECIAL SESSIOX. decision upon which such judgment is entered, the court shall in enter ing judgment thereon, tax as costs against him the reasonable costs and attorney tees in th e arbitration proceedings and in the court entering the judgm ent for the person in whose favor the judgm ent is entered, which judgm ent and costs taxed as herein provided shall* u n til and unless set aside, have the same effect as though duly rendered in an action duly tried and determined by said court, and shall with like effect, be entered and docketed. T he circuit court hall have power a t any time upon application to make any such judgment conform to any modification re quired by any subsequent decision of the Supreme C ourt upon appeal, or as the result of any subsequent proceedings for review, as provided in this Act. Judgm ent shall not be entered until fifteen days3 notice of the time and place of the application for the entry of judgm ent shall be served upon the employer by filing such notice with the industrial commission, . wthich commission shall, in case it has on file the address of the em ployer or the name and address of its agent upon whom notices may be served, immediately send a copy of the notice to the employer or such designated a g e n t, (h) An agreement or award under this Act providing for com pensation in installments, may at any time within eighteen months after such agreement or award be reviewed by the industrial commission at the request of either the employer or the employee, on the ground that the disability of the employee has subsequently recurred, increased, diminished or ended; and on such review compensation payments may be reestablished, increased, diminished or ended; Provided th a t the commission shall give fifteen days1 notice to the parties of the hearing for review; And, provided, further; any employee, upon any petition for such review being filed by the employer, shall be entitled to one day's notice for each one hundred miles necessary to be traveled by him in attending the hearing of the commission upon said petition, and three days in addition thereto, and such employee shall, a t th e discretion of the commission, also be entitled to five cents per mile necessarily traveled by him w ithin the State of Illinois in attending such hearing, not to exceed a distance of 300 miles, to be taxed by the commission as costs and deposited w ith the petition of the employer: Provided, fur ther, th a t when compensation which is payable in accordance w ith an award or settlement contract approved by the industrial commission, is ordered paid in a lum p sum by the commission, no review shall be had as in this paragraph mentioned. (i) Each party, upon taking any proceedings or steps whatsoever before any arbitrator, committee of arbitration, industrial commission or court, shall file with the industrial commission his address, or the name and address of any agent upon whom all notices to be given to such party shall be served, either personally or by registered mail, ad dressed to such party or agent at the last address so filed with the in dustrial commission; Provided, th at in the event such party has hot filed his address, or the name and address of an agent, as above pro vided, service of any notice may be had by filing such notice with the industrial commission EMPLOYMENT, 67 (j) Whenever in any proceeding testimony has been taken or a final cecisionhas been rendered, and after the taking of such testi mony or after such decision has become final, the employee dies, then in any subsequent proceeding brought by tne personal representative or beneficiaries of the deceased employee, such testimony in the former proceeding may be introduced with the same force and effect as though the witn ss having so testified were present in person in such subsequent proceedings and such final decision, if any, shall be taken as final ad judicate n of any of the issues which are the same in both proceedings. (k) In .any cases where there has been any unreasonable or vexa tious de ay of payment or intentional under-payment of compensation, or proceedings have been instituted or carried cn by the one liable to pay the compensation, which do not present a real controversy, but are merely frivolous or for delay, then the commission may award compensa tion additional to that otherwise payable under this Act equal to fifty per centum of the amount payable at the time of such award. Failure to pay compensation in accordance with the provisions of section S, paragraph (i) o f this Act, shall be considered unreasonable delay. 2-0. The .industrial commission shall repoTt in writing to the Governor on the 30th day of June, annually, the details and results of its administration of this Act, in accordance wiih the terms of this Act. and ma> prepare and issue such special bnonins and reports from time to time as in the opinion of the commission seems advisable. ZL No payment, claim, award or decision under this Act shall be assignable or subject to airy lien, attachment or garnishment, or be held liable in any way for any lien, debt, penalty or damages. And the compensation allowed by any award or decision of the commission shall be entitled to a preference over the unsecured debts of the employer, wages cxcopied, contracted after flic date of 1W disablement of an em ployee. A decision or award of the industrial commission against an employer for compensation under this Act, or a written agreement by an employer to pay such compensation shall, upon the filing of a certi fied copy of the decision or said agreement, as the case may oe, with the recorder of deeds of the county, constitute a lien upon all property of the employer within said county, paramount to all other claims or liens, except mortgages, tru s t deeds, or for wages or taxes, and such liens may be enforced in the m aimer provided for the foreclosure of mortgages under the laws of this State. Any right to receive compensation here under shall be extinguished by the death of the person or persons en titled thereto, subject to the provisions of this Act relative to compensa tion for death received in the course of employment, and subject to the provisions of paragraph (e) of section 8 of this Act relative to specific loss: Provided-, th a t upon the death of a beneficiary, who is receiving compensation provided for in section 7, leaving surviving a parent, sister or brother of the deceased employee, at the time of his death dependent upon him for support, who were receiving from such beneficiary a contributioi: to support, then th a t proportion of the compensation of the beneficiary which would have been paid but for ihc death of the bene ficiary, hut in no event exceeding said unpaid compensation, which ihe contribution of fhe beneficiary to the dependent's support within one ea ' THXHD SPECIAL SKSSHUT. year prior to the death of the beneficiary bears to the compensation of the beneficiary within th at year, shall be continued for the benefit of such dependents, notwithstanding the death o the beneficiary. 22. Any contract or agreement made by any employer or his agent or attorney with any employee or any other beneficiary of any claim tinder the provisions of this Act within seven days after the dis ablement shall be presumed to be fraudulent. ^3. No employee, personal representative, or beneficiary shall have power to waive any of the provisions of tins Act in regard to the amount of compensation which may be payable to such employee, per sonal representative or beneficiary hereunder except after approval by the industrial commission; provided, however, that any employee who prior to the taking effect of this Act has contracted silicosis or asbestosis out is not disabled therefrom, may within 'sixty days after the Inking effect of this Act, file with the industrial commission a request for per mission to waive full compensation on account of disability or death resulting from silicosis or asbestosis, or any direct result thereof, sup ported by medical evidence satisfactory to the industrial commission, that he has actually contracted silicosis or asbestosis hut is not disabled therefrom, and if the industrial commission shall approve such waiver, the compensation payable, for such resulting disability or death of such employee, after futber exposure iri the employment of any employer who has elected, pursuant to paragraphs (a) and (b) of section 4 of this Act. shall be fifty percentum of the compensation which but for such waiver would have Been payable by any such employer. 24. No proceedings for compensation under this Act shall be maintained unless notice has been given to the employer of disablement arising from an occupational disease as soon as practicable after the date of the disablement. In case of mental incapacity of the employee or any dependents of a deceased employee who may be entitled to compensation, under the provisions of this Act, the limitations of time in this section of this Act provided shall not begin to run against said mental incompetents until a conservator or guardian has been appointed. No defect or inaccuracy of such notice shall be a bar to the maintenance of proceedings on arbi tration or otherwise by the employee unless the employer proves that he is unduly prejudiced in such proceedings by such defect or inaccuracy. Notice of the disabling disease may be given orally or in writing: provided, no proceedings for compensation under this Act shall be main tained unless claim for compensation has been made within six (6) months after the occurrence of the disablement from the occupational disease; provided further, that in any case, unless application for com pensation is filed with the industrial commission within one (1) yearafter the date of the disablement, or within one (1) year after the Sate of the last payment of compensation, if any has been paid, the right to file such application shall be barred. 25. An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time however short, he is employed in an occupation or process in which the hazard of the disease exists. JB M PU rM SN T . 69 The employer liable fox the compensation in this Act provided shall be the employer in whose employment the employee was last ex posed to the hazard of the occupational disease claimed upon regardless of the length of time of such last exposure, provided, that in cases of silicosis or asbestosis, the only employer liable shall be the last employer in whose employment the employee was last exposed during a period of sixty {00) days cor more after the effective date of this Act, to the hazard of such occupational disease, and, in such cases, an exposure during a period of less than sixty (60) days, after the effective date of this Act, shall not be deemed a last exposure. The insurance carrier liable shall be the carrier whose policy was in effect covering the employer liable on the last day of the exposure render ing such employer liable in accordance with the provisions of this Act. 26. (a) Any employer electing to provide and pay the com pensation provided for in this Act shall : (1) File with the commission a sworn statement showing his finan cial ability to pay the compensation provided for in this Act, the affidavit to which statement shall bo signed and sworn to by the president or vice president and secretary or assistant secretary of said employer if it be a corporation, or by all of the partners if it be a co-partnership, or by the owner if it be neither a co-partnership nor a corporation, or if any such employer fails to file such a sworn statement, ot if the sworn statement of any such employer does not satisfy the commission of the financial ability of the employer who has filed it, the commission shall require such employer to, (2) Furnish security, indemnity or a bond guaranteeing the pay ment by the employer of the compensation provided for in this Act, or (3) Insure ms entire liability to pay such compensation in some insurance carrier authorized, licensed, or permitted to do such insurance business in this State; provided, all policies of such insurance carriers insuring the payment of compensation under this Act shall cover all the employees and all such employer's compensation liability in all cases in which the last day of the last exposure to the occupational disease involved is within the effective period of the policy, anything to the contrary in said policy notwithstanding; provided, further, that no pol icy of insurance in effect at the time of the enactment of this Act, cover ing the liability of an employer for workmen's compensation, shall be construed to cover the liability of such employer under this Act for any occupational disease unless such liability is expressly accepted by the insurance carrier issuing such policy and is endorsed thereon; the insur ance or security in force to cover compensation liability under this Act shall he separate and distinct frojn the insurance or security under the "Workmen's Compensation Act" and any insurance contract covering liability under either Act need not cover any liability under the other ; nothing herein contained shall apply to policies of excess liability car riage secured by employers who have qualified under sub-paragraphs 1 or 2 of paragraph (a) of this section, or (4) Make some other provision, satisfactory to the industrial com mission, for the securing of the payment of compensation provided for in this Act, and 70 THIRD SPECIAL SESSION. (5) Upon becoming subject to this Act and thereafter as often , as the commission may in writing demand, file with the commission in form prescribed by it evidence of his compliance with the provisions of this section. ' (b) The sworn statement of financial ability, or security, indem nity or bond, ot amount of insurance, or other provisions, filed, fu r nished, carried, ox made by the employer, as the case may be, shall be subject to the approval of the commission, upon the approval of which, the commission shall send to the employer written notice of its approval thereof. A certificate' of compliance with the provisions of subparagraphs %and 3 oi paragraph (a) of this section shall within five days after the effective date of said policy be delivered by the insurance carrier to the industrial commission. Said policy shall remain in full force and effect until thirty days after receipt by the industrial commission of notice of its cancellation or expiration and shall cover all compensation liability occurring during said time. (c) Whenever the industrial commission shall find that any cor poration, company, association, aggregation of individuals, reciprocal or interinsurers exchange, or other insurer effecting workmen's compensa tion insurance in this State shall be insolvent, financially nnsound, or unable fully to meet all payments and liabilities assumed or to be as sumed for compensation insurance in this State, or shall practice a policy of delay or unfairness toward employees in the adjustm ent, set tlement, or payment of benefits due such employees, the said industrial commission may after reasonable notice and hearing order and direct th a t such corporation, company, association, aggregation of individuals, reciprocal or interinsurers exchange, or insurer, shall from and after a date fixed in such order discontinue the writing of any such workmen's compensation insurance in this State. Subject to such modification of said order as the commission may later make on review of said order, as herein provided, it shall thereupon be unlawful for any such corpo ration, company, association, aggregation of individuals, reciprocal or interinsurers exchange, or insurer to effect any workmen's compensation insurance in this State. All orders made by the industrial commission under this section shall be subject to review by the courts, said Teview to be taken in the same manner and within, the same time as provided by section 19 of this Act ot review of awards and decisions of th e in dustrial commission, upon the party seeking-said review filing with the clerk of the court to which said review is taken a bond in an amount to be fixed and approved by the judge of the court to which said review is taken, conditioned upon the payment of all compensation awarded against said person taking said review pending a decision th ereo f pro vided that upon said review the circuit court shall have power to review all questions of fact as well as of law. (d) The failure or neglect of an employer to comply w ith any of the provisions of paragraph (a) of this section or the failure or refusal of an insurance carrier to comply with any order of the industrial com mission pursuant to paragraph (c) of this section, shall be deemed a misdemeanor punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, for each day of such refusal or EMPLOYMENT. n neglect until the same ceases. Each day of such refusal ox neglect shall constitute a separate offense. P ro vid ed , that the penalty provided for in this paragraph shall not attach and shall not begin to run until the final determination of the order of the commission. In nil prosecutions under this section the venue may be in any county wherein said employer or insurance carrier has property or main tains a principal office. Upon the failure or refusal of any employer cr insurance carrier to comply with the orders of the industrial commission under this section, or the order of the court or- review after final adjudi cation, h shall be the duty of the industrial commission immediately to report said failure or refusal to the Attorney General and it s l h r - tve duty of said Attorney General within thirty days after receipt oT ^aid notice, to institute prosecutions and promptly prosecute all reported violations of this section. (a)' This Act shall not affect or disturb the continuance of any existing insurance, mutual aid, benefit, or relief association or department, whether maintained in whole or in part by the employer ot whether maintained by the employees, the payment of benefits of such association or department being guaranteed by the employer or by some person, firm or corporation for him: P ro vid ed , the employer con tributes to such association or department an amount not less than the full compensation herein provided, exclusive of the cost of the main tenance nf such association or department and without any expense to the emp'oyee. This Act shall not prevent the organization and main taining under the insurance laws of this State of any benefit or insur ance company for the purpose of insuring against the compensation provided for in this Act, the expense of which is maintained by the employer. This Act shall not prevent the organization ot maintaining under the insurance laws of this State of any voluntary mutual aid, benefit or Telief association among employees for the payment of addi tional accident or sick benefits. (b) No existing insurance, mutual aid, benefit or relief associa tion ot department shall, by reason of anything herein contained, be authorized to discontinue its operation without first discharging its obligations to-any and all persons carrying Tance in the same or entitled to relief or benefits therein. (c) Any contract, oral, written or implied,, of employment pro viding for relief benefit, or insurance or any other device whereby the employee is required to pay any premium or premiums for insurance against the compensation provided for in this Act shall be null and void, and any employer withholding from the wages of any employee any amount for the purpose of paying any such premium shall be guilty of a misdeameanor and punishable by a fine of not less than ten dollars nor more than one thousand dollars, or imprisonment in the county jail foT not more than six months, or both, in the discretion of the court. 2$. In the event the employer does not pay the compensation for which he is liable, then an insurance company, association or Insurer which may have insured such employer against such liability shall be come primarily liable to pay to the employee, his personal representa tive or beneficiary the compensation required by the provisions of this 72 THIRD SPECIAL SESSION'. Act to be paid such employer. The insurance carrier may be made a party to the proceedings to which the employer is a party and an award may be entered jointly against the employer and the insurance carrier. 29. Where a disablement or death for which compensation is payable by the employer under this Act was not proximately*caused by the negligence of the employer or his employees, and was caused under circumstances creating a legal liability for damages in some person other than the employer to pay damages, such other person having also elected to provide and pay compensation under this Act, the right of the employee or personal representative to recover against such other person shall be transferred to his employer and such employer may bring legal proceedings against such other person to recover the dam* ages sustained,, in an amount not exceeding the aggregate amount of compensation payable under this Act, by reason of the disablement or death of such employee. Where the disablement or death for which compensation is payable under this Act was not prorimately caused by the negligence of the employer or his employees and was caused under circumstances creating a legal liability for damages on the part of some person other than the employer to pay damages, such other person not having elected to pro vide and pay compensation under this Act, then legal proceedings may be taken against such other person to recover damages notwithstanding such employer's payment of or liability to pay compensation under this Act. In such case, however, if the action against such other person is brought by the disabled employee or his personal representative and judgment is obtained and paid, or settlement is made with such other person, either with ot without Suit, then from the amount received by such employee or personal representative there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee or personal representative. If the disabled employee or his personal representative shall agree to receive compensation from the employer or accept from the employer any payment on account of such compensation, or to institute proceed ings to recover the same, the said employer may have or claim a lien upon any award, judgment or fund out of which such employee might be compensated from such third party. ,, In such actions brought by the employee or his personal repref- sentative. he shall forthwith notify his employer by personal service or registered mail, such fact and of the name of the court in which such suit is brought, filing proof thereof in such action. The employer may, at any time thereafter join in said action upon his motion so th at all orders of court after hearing and judgment shall be made for his pro tection. No release or settlement of claim for damages by reason of such disability or death, and no satisfaction of judgment in such pro ceedings, shall be valid without the written consent of both employer and employee or his personal representative, except in the case of the employers, such consent shall not be required where said employer has been fully indemnified or protected by court order. In the event the said employee or his personal representative shall fail to institute a proceeding against such third person at any time EMPLOYMENT. 73 prior to ;:hree months before said action would be barred a t law said employer may in his own name, or in the name of the employee, or his personal representative, commence a proceeding against such other per son for the recovery of damages on account of such disability ot death to the employee, and out of any amount recovered the employer shall pay over to the injured employee or his personal representative all sums collected from such other person by judgm ent or otherwise in excess of the amount of such compensation paid or to be paid under this Act, and costs, attorney's fees and reasonable expenses as may be incurred by such employer in m aking such collection or in enforcing such liability. 3C. I t shall be the duty of every employer within the com pensation provisions of this Act to send to the industrial commission in writing an immediate report of all occupational diseases arising out of and hi the course of the employment and resulting in d eath ; it shall also be the duty of every such employer to report between the 15th and the 2-5th of each month to the industrial commission all occupational diseases for which compensation has been paid under this Act, which entail a hiss to the employee of more th an one week's time, and in case the occupational disease results in perm anent disability, a fu rth er report shall be made as soon as it is determined that such permanent disability has vosulied or will result therefrom. All reports shall state the date of the d.sablement, the nature of the employer's business, the name, address. rhe age, sex, conjugal condition of the person, the specific occupation of the person, li e nature and character of the occupational disease, the length of disability, and, in case of death, the length oi disability before death, the wages of the employee, whether compensa tion has oeen paid, to the employee, or to his legal representatives ot bis heirs or next of kin, the am ount of compensation paid, the amount paid for physicians', surgeons' and hospital bills, and by whom paid, and the mount paid for funeral or burial expenses, if known. The making of reports as provided herein shall relieve the employer from making such reports to any other officer of the State. 31. Every employer operating under the compensation pro visions oi this Act shall, under the rules and regulations prescribed by the industrial commission, post printed notices in their respective places of employment in such num ber an d a t such places as may be determined by the commission, containing such inform ation relative to this Act as in the judgm ent of the commission may be necessary to aid employees to safeguard their rights under th is Act. 32. Any wilful neglect, refusal or failure to do the things required to be done by any section, clause, or provision of this Act, on the part of the persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attem pt to obstruct or interfere with any court officer, or any other person charged with the duty of administering or enforcing the provisions of this Act, shall be deemed a misdemeanor, punishable by a fine of not less than $10.00 nor more than $500.00, a t the discretion of the court. | 33. "An Act to promote public health by protecting certain employee? in this State from dangers of occupational diseases, and pro- 74 THIRD SPECIAL SESSION. rifling fox the enforcement thereof," approved May 26, 2911, as amended, and section 4 of "An Act in relation to employments creating poisonous fumes or dusts in harmful quantities, and to provide for the enforcement thereof/* approved Ju n e 29,1915, are hereby repealed. 34. No repeal of any act or p art thereof herein contained gh*n extinguish or in any way affect any right of action thereunder, existing at the time this Act takes effect; and no employer shall be liable for compensation ot damages under this Act in any case in which the dis ablement on which claim is predicated shall have occurred prior to the date this Act becomes effective; provided th a t nothing in this section shall affect any case' in which exposure as defined in this Act shall have taken place after the effective date of this Act, 35. This Act shall take effect on October 1, 1936, Approved March 16, 1936. PAEKS. LAYING OP TRACKS--rCHICAGO PARK DISTRICT. 1. Authorizing Park District to lay- $ 2, Expenses, ing of tracks. (Hovsx Bxtii No. 3. F ilsd March 20, 1986.) An Aot authorizing the Chicago Park District to permit the laying of trades and the operation of electric surface car lines through the parks under its control for the purpose of connecting with other parts of electric surface car lines outside of the parks. Be it macted by the People of the State of Illinois, represented in the General Assembly: Section 1. The Chicago Park District is authorized to permit the laying of tracks and the operation of electric surface car lines by electric surface car companies through any park or parks under control of said district for the purpose of connecting with electric surface car lines out* side of said park or parks: Provided, however, that such tracks may be laid only through sruch parks on a highway which heretofore has been in use as a highway for general traffic purposes and is sufficient in width to,,accommodate street cars, vehicles and pedestrians using the highway at the same time; and provided further, that such use shall be for the sole purpose of connecting existing facilities necessary for the good of the public service. 2. The Chicago Park D istrict shall grant permission subject to the requirement th at all expenses foT alterations, location or relocation of existing facilities and the repair and upkeep of the same shall be borne by the company or companies to which such permission is granted. Filed March 20, 1936. This bill having' been filed in this office by the Governor without approval, and it having been presented to him ten days, Sundays excepted, prior to this date, the General Assembly being In session., it naa thereby become a law. Witness my. hand this 20th day of March, A. D, 1936. Edward J. Hughes, Secretary of State. RAILROADS AND WAREHOUSES. 75 RAILROADS AND WAREHOUSES- LICENSE AND BOND REQUIREMENTS. 5 1. Amends aectfons 2. 3. 4, 6. IS and procure Uliccen.se and bond---P enalty. 3 4. Surety bond -- Amount-- Revocation for failure to furnish bond. 3 6. Storing m ixing and In specting grain. 7 Warehouse receipts -- Is suance, nuinbet lng. etc ! 13 Schedule of ratea 5 33. Penalty for violation Duty of State's Attor ney. i 2. Repeal. (Ssnats Bi(X No. IS. approved March 18, 1933.) An Act '.o amend sections &, S, 4, 6, 7, IS and Z3 of " A n A c t to regulate public warehouses,^ and the warehousing, inspection, purchase, scde, contracts for purchase and sale of groin, and to give effect to article thirteen of ike constitution of this State " approved April 85, 2371, as amended, and to repeal sections 5 and 6c thereof. Be tt encoded by the People of the State of Illinois, represented in the General Assembly: Sbc'-'ion 1. -Sections 2, 3, A, 6, 7 ,1 5 an d 23 of "A n Act to regulate public warehouses, and the warehousing, inspection, purchase, sale, and contracts lo r `purchase and sale of grain, and to give effect m article thirteen .>f the constitution of this S tate," approved A pril 25, 1871, as amended, are amended to road as follow s: 2. Public warehouses of Class A shall embrace all \vavehou>e? elevators and granaries in which grain is stored in bulk, and xn which the grail, of different owners is mixed together, ox in which gram is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved, such warehouses, elevators or granaries being located in cities having not less than 100,000 inhabitants. Public warehouses of Class B shall embrace all other warehouses, elevators or granaries in which grain is stored in bulk, ana in which the grain of different owners is mired together. Public warehouses of Class C shall embrace dl other warehouses or places where property of any kind is stored fox a consideration. The word, grain when used in this Act shall mean, shelled corn, wheat, outs, rye, barley, grain sorghums, feed oats, mixed, feed oats, kaffir corn, seed oatft, cereal oats, soy beans, buckwheat, flaxseed and mixed grim. "Opfra&ot** when used in this A ct means any person who owns, controls, operates, 'manages or leases any public warehouse, elevator or granary i i this State, in which grain is stored for a compensation* "P& soti" when used in this A ct means any person> firm, associa tion or corporation* "Commission** when used in this A ct means the Illinois Commerce Commits on and i ts successors. "On \er*J when used in this A d means any person, including the operator, who either as owner, factor, broker, consignee, pledgee or agent shall law ully make application for the storage of grain in an elevator. 562 KMPLOSMENT upon the em ployer by filing such notice w ith the industrial commission, w hich commission shall, in case it has on file the address of the employer o r th e nam e and address of its ag en t upon whom notices may be served, im m ediately send a copy of th e notice to th e em ployer o r such desig nated agent. (h ) An agreem ent or aw ard u n d er tin s A ct p roviding for com* pensatiou m installm ents, may at any tim e w ithin eighteen mouths a fte r such agreem ent o r aw ard bo reviewed by th e in d u stria l commission a t the request of either the employer or the employee, on the ground that the disability of the employee has subsequently recurred, increased, dim inished or ended; and on such review com pensation paym ents may be re-established, increased, dim ini shed or en d ed : Provided th a t the commission shall give fifteen days' notice to the parties of the hearing for review And, provided, further, any employee, upon any petition for such renew being filed by the em ployer, hall be e n title d to mu* day's notice for each om: hundred m iles necessary u> be traveled by him in attending the hearing of the commission upon said petition, and three days in addition thereto, and such employee -hall, at the di^em iou of the comm ission, also be e n title d to five cents per m ile n e tv ^ u rilv traveled by him w ithin the S tate of Illin o is in dth'itilinir **110(1 lira ring, n ot to exceed a distance of 300 m iles, to be taxed by th e comm ission as costs ,:ud deposited with the p e titio n of th e em ployer: Provided, further, chat when compensation which is payable in accordance with att aw ard or settlem ent contract approved by the in d u stria l comm ission, is ordered paid in a lum p sum by the com m ission, no review shall he had as in thi-s parag rap h m entioned. (i) Each party, upon taking any proceedings or steps whatsoever before am. a rb itra to r, com m ittee ol a rb itra tio n , in d u stria l com m ission or court, hull tile with the in d u strial conm uV ion Jus address, or th e name a n d addvt*- of any agent upon whom -all notices to be given to such p arty shah he served, e ith er personally or by registered m ail, addressed to such party or agent at the last address so filed with the industrial commissi01:: Provided, th a t in the event such party has not filed his address, m- the nam e an d address of an agoni, a. above p m \ filed, service of any no! ice m ay be had by liliim such 1ml ice with the fiuiustrfiil com mission. ( j) Whenever in any proceeding testim ony has been taken nr a fifial decivon has been rendered, a n d a fte r the ta k in g of such r^ tiim m y or afte r mi*h decision ha* become final, the in ju re d employee dies, then in any sufi-icquent proceedings b ro u g h t by th e personal r e p r e s e n ts i\ r or benefieiauo= of the deceased employee, such te>timouv in the furmi-r pro ceeding im:\ be introduced w ith the sam e force and cfleet as Hinuirh the witm -- having so testified were present in person in such subse q uent proceedings and such final decision, if any, shall be taken as final adjudication of any of the issues which are the same in both proceedings. (k ) n any case where th ere has been an y unreasonable o r vexa tious delay of paym en t or in te n tio n a l u n der-paym ent of com pensation, or proceedings h a\e been instituted or carried on by the one liable to EMPLOYMENT 5i)3 pay the compensation, which do not present a real controversy, hat arc merely frivolous or for delay, then the commissi on may aw ard compen sation :nMi clonal to that otherwise payable under th is Act equa; to fifty per centum of the amount payable at the tim e of such sward h'ailiuv to pay compensation in accordance with th e provision*; of lion S, parAgraph ( i ) of tin s Act, shat] be considered unreasonable delay, l-hi.im duly J3, 1937. (S m ith -Iiu rd , p 1(>09; Cahill, p. Ini#:)* This bill having teen presented to the Governor on July 2, 1937, after the artJourrimeit of the Genera) Assembly and be having fa.led to tile it in my office, with his objections, within ten days (Sundays exception after such date, it has tberebv become a law. U'Mr.'iss my hand this 15th day of July, A. D. 193".Hdu'aRd J. Hl'OHES, Secretaiw of F t a t r OCCUPATIONAL D ISEA SES 5 ] Atrends section 5 of WorKmen'. i Diseases Act. . 6. D ofinitim i -- C asu al con* flection. (S enate B iU . No. 4S3 An A tv (o amend section C of the 11'orhmen < (i*mpatwnaJ llicenses tie it enacted by the People of ihc State of };htioiy, re*/rr>rmrd m the Oci ernl Assembiy: S tation 1. Section 6 of the W orkm ens O ccupational Di.-rasct Act is unended and as amended reads as follows -I In this Act the term "Occupational Disease*'* m eans a disease arising out of and in the course of the employment. O rdinary disease of life '0 which the general public is exposed outside of the emplovmem shall n ii be compensable, except where the said diseases follow? as ar incident, of an occupational disease as defined in this section. A disease shall be deemed to arise out of the em ployment, only r there i* apparent to the rational m ind upon consideration of all tin circumstances, a direct caused connection hetu-een the conditions unde'1 which rhe work is performed and the occupational disease, and wbicl can be seen to have followed as a n a tu ra l incident of the work as a re su it of the exposure occasioned by th e n a tu re of th e em ploym ent aiu which can be fairly traced to the employment as the proxim ate cause and which does not come from a hazard to which workmen would hav been equally exposed outside of the employment. The disease must h incidental to the character of the business and not independent of l li re]alien of employer and employee. The disease need not to have beei foreseen or expected but after its contraction it m ust appear to hav had ii * origin in a risk connected w ith the em ployment and to ha* flowed from th a t source as a rational consequence. ,\ ''M oved July 9,1937. (S m ith -flu id , A ugust S upp.. p. 520