Document y7rG0QEbwK2bJBO2BnvOw0e6

FILE NAME Painters and Allied Trades PAINT DATE 1939 DOC PAINT027 DOCUMENT DESCRIPTION Idaho Law 286 IDAHO SESSION LAWS C. 160 '39 Be It Enacted by the Legislature of the State of Idaho SECTION 1. Section 48-901 Idaho Code Annotated is hereby amended to read as follows . 48-901 LIABILITY OF MOTOR OWNER TO GUEST No per- son transported by the owner or operator of a motor vehicle as his guest without payment for such transportation shall have a cause for damages against such owner or operator for injuries death or loss in case of accident unless such accident shall have been intentional on the part of the said owner or operator or caused by his * * intoxication or his reckless disregard of the rights of others Approved March 7 1939 CHAPTER 161 H. No. 247 eo ' . .AN ACT TO BE CITED AS THE OCCUPATIONAL DISEASE COMPENSA- TION LAW PROVIDING FOR THE PAYMENT OF COMPENSATION TO WORKMEN OR THEIR DEPENDENTS ON ACCOUNT OF DISABILITY OR DEATH FROM OCCUPA- TIONAL DISEASES AMENDING SECTION 43-1001 IDAHO CODE ANNOTATED DEFINING ACCIDENT INJURY AND PERSONAL INJURY UNDER THE WORKMEN'S COMPENSATION LAW SUPPLEMENTING THE WORK- MEN'S COMPENSATION LAW CHAPTERS 9 TO 19 INCLU- SIVE OF TITLE 43 IDAHO CODE ANNOTATED BY ADDING CHAPTER A NEW CHAPTER DESIGNATED 21 REGULAT- ING THE PAYMENT OF COMPENSATION FOR DISABILITY AND DEATH FROM OCCUPATIONAL DISEASES ADOPT- ING SO FAR AS APPLICABLE THE WORKMEN'S COMPEN- SATION LAW WITH RESPECT TO COMPENSATION SE- CURITY THEREFOR AND PROCEDURE FOR OBTAINING SAME DEFINING OCCUPATIONAL DISEASES AND THE OCCUPATIONS SUBJECT TO THIS LAW REGULATING THE RIGHTS OF WORKMEN AND THEIR DEPENDENTS AND THE RESPONSIBILITY OF EMPLOYERS FOR COMPENSA- TION AND MEDICAL TREATMENT PRESCRIBING LIMITA- TIONS RULES OF PROCEDURE AMOUNTS OF COMPENSATION AND RULES FOR DETERMINING SAME AND FOR DETERMINING DEPENDENCY AUTHORIZING THE IN- DUSTRIAL ACCIDENT BOARD TO PRESCRIBE AND REGU- LATE RULES OF PREVENTION AND PRESCRIBING THE EFFECT OF VIOLATION THEREOF PRESCRIBING SPECIAL C. 161 '39 IDAHO SESSION LAWS 287 REGULATIONS IN CASES OF SILICOSIS AND DERMATITIS PROVIDING FOR THE APPOINTMENT OF A MEDICAL PANEL AND A SILICOSIS PANEL FOR THE DETERMINA- TION OF MEDICAL QUESTIONS AND PRESCRIBING THEIR PERSONNEL POWERS DUTIES AND PROCEDURE MAK- ING AN APPROPRIATION FOR THE ADMINISTRATION OF THIS ACT AUTHORIZING INSURANCE HEREUNDER BY THE STATE INSURANCE FUND AND REPEALING INCON- SISTENT LEGISLATION Be It Enacted by the Legislature of the State of Idaho| SECTION 1. Section 43-1001 Idaho Code Annotated is here- by amended to read as follows 43-1001 RIGHT TO COMPENSATION FOR INJURY If a workman receives personal injury caused by an accident aris- ing out of and in the course of any employment covered by * * the workmen's compensation law his employer or the unde- the surety shall pay compensation in the amounts and to person or persons hereinafter specified Accident as used in this law means an unexpected signed and unlooked for mishap or untoward event happening suddenly and connected with the industry in which it occurs and which can be definitely located as to time when and place causing defined where it occurred an injury as in this law The terms injury and personal injury as the same are used in this law shall be construed to include only an injury caused by an accident as above defined which results in violence to the physical structure of the body The said terms shall in no occupational case be construed to include an disease in any form and only such occupational diseases as result directly from an injury SECTION 2. RIGHT TO COMPENSATION FOR DISABLEMENT FROM OCCUPATIONAL DISEASE The workmen's compensation law Chapters 9 to 19 inclusive of Title 43 Idaho Code Anno- supplemented tated is hereby by adding to said Title 43 a new chapter designated Chapter 21 as follows CHAPTER 21. OCCUPATIONAL DISEASE COMPENSATION 43-2101 SHORT TITI This chapter may be cited as the Occupational Disease Compensation law 43-2102 RIGHT TO COMPENSATION OF WORKMEN'S COMPENSATION LAW Where an employee of an exposed employer subject to this chapter suffers from an occupational disease as defined in Section 43-2104 and is thereby disabled from performing his workin the last occupation in which he was injuriously to the hazards of such disease or dies 288 IDAHO SESSION LAWS : C. 161 '39 as a result of such disease and the disease was due to the employed nature of an occupation or process in which he was within the period previous to his disablement limited in this chapter the employee or in case of his death his dependents shall be entitled to compensation as provided in the work- men's compensation law as if such disablement or death were - an injury by accident except as otherwise provided in this ' chapter and the practice and procedure prescribed in the workmen's compensation law shall apply to proceedings for compensation for such diseases excepats in this chapter otherwise provided 43-2103 SECURITY FOR COMPENSATION REMEDY EXCLUSIVE Every employer of workmen subject to the workmen's compensation law shall be subject to the provi- sions of this chapter and shall secure the payment of com- - pensation in accordance with the provisions of this chapter by any method prescribed by the workmen's compensation law at thetime in effectin this state Where the foregoing require- ment is complied with act shall be exclusive granted the liability of the employer this The rights and remedies granted by the workmen's compensation law to an employee on account of a personal injury caused by accident or on account of the disability caused by an occupational disease named and contracted as provided herein for whichinjury or disability heis entitled to compensation under this chapter shall exclude all other rights and remedies of such employee his personal representatives dependents or next of kin at common law or otherwise against the employer on account of any injury or disability incurred in the course of or because of his em- ployment 43-2104 OCCUPATIONAL DISEASES DEFINED Compensation as providedin this chapter shall be payable for disabiliy or death of employee resulting from the following occupa- tional diseases compounds 1 Poisoning by lead mercuryarsenic zinc or manganese their preparations or inin any occupation involving direct contact therewith handling thereof or exposure thereto 2 Carbon monoxide poisoning in any process or occupation involving direct exposure to carbon monoxide in buildings sheds or enclosed places 3 Poisoning by methanol carbon bisulphide hydrocarbon others distillates naphthas and or halogenated hydrocarbons or any preparations containing these chemicals or any of them in any occupation involving direct contact therewith handling thereof or exposure thereto 4 Poisoning by benzal or by nitro amido or deriva- - C. 161 39 IDAHO SESSION LAWS 289 dinitro their tives of benzol anilin and others, or preparations or compounds in any occupation involving direct contact therewith handling thereof or exposure thereto 5 Glanders in the care or handling of any equine animal or the carcass of any such animal 6 Radium poisoning by or disability due to radioactive properties of substances or to Roentgen ray in any occupation involving direct contact therewith handling thereof or exposure thereto 7 Poisoning by or ulceration from chromic acid or bichromate of ammonium potassium or sodium or their preparations in any occupation involving direct contact therewith handling , thereof or exposure thereto 8 Ulceration due to tar pitch bitumen mineral oil or paraffin or any compound product or residue of any of these substances in any occupation involving direct contact therewith handling thereof or exposure thereto 9 Dermatitis venenata that is infection or inflammation of the skin furunculosis excepted due to oils cutting compounds lubricants liquids fumes gases or vapors in any occupation involving direct contact therewith handling thereof or exposure thereto 10 Anthrax occurring in any occupation involving the handling of or exposure to wool hair bristles hides or skins or bodies of animals either alive or dead 11 Silicosis in any occupation involving direct contact with handling or exposure to dust of silicon dioxide SiO2 No diseases or aggravation thereof except those in this section defined shall be deemed occupational diseases and compensable as such and none of the enumerated diseases herein shall be compensable unless contracted in the occupa- tions herein enumerated The terms contracted and incurred as used in this chapter when referring to an occupational disease shall be deemed the equivalent of the term arising out of and in the course of as used in the workmen's compensation act 43-2105 DEFINITION OF DISABILITY Except as hereinafter otherwise provided in this chapter disablement means the event of an employee's becoming actually and totally incapaci tated because of an occupational disease from performing his work in the last occupation in which injuriously exposed to the hazards of such disease and disability means the state of being so incapacitated 43-2106 LAW NOT RETROACTIVE The provisions of this 290 IDAHO SESSION LAWS C. 161 '39 chapter shall apply only to cases of ocupational disease in which the last injurious exposure in an occupation subject to the hazards of such disease occurred on or after the date on which this chapter shall have taken effect 43-2107 LAST EMPLOYER AMOUNT OF COMPENSA- TION Where compensation is payable for an occupational disease the employer in whose employment the employee was last injuriously exposed to the hazards of such disease shall be liable therefor the amount of the compensation shall be based upon the average weekly wages as defined in the workmen's compensation law of the employee when last so exposed under such employer and the notice of disability and claim for compensation shall be given and made to such employer provided however that the maximum compensation to be allowed for disability or death or both on account of any occupational disease other than silicosis shall be 5,000.00 until a transitory period of six years from the date when this chapter becomes effective shall have expired and thereafter the total aggregate of such compensation and benefits shall be as provided in the workmen's compensation law provided further that in case of silicosis the only employer liable shall be the last employer in whose employment the employee was last injuriously exposed to the hazards of the disease during period a of sixty days or more after the effective date of this chapter 43-2108 AGGRAVATION PROPORTIONAL COMPENSATION Where an occupational disease is aggravated by any other disease or infirmity not itself compensable or where disability or death from any other cause not itself compensable is aggravated prolonged accelerated or in any wise contributed to by an occupational disease the compensation payable shall be reduced and limited to such proportion only of the if compensation that would be payable the occupational dis- ease were the sole cause of the disability or death as such occupational disease as a causative factor bears to all the causes of such disability or death such reduction in compen- sation to be effected by reducing the number of weekly or monthly payments or the amount of such payments as under the circumstances of the particular case may be for the best interest of all the parties 43-2109 LIMITATIONS An employer shall not be liable for any compensation for an occupational disease unless such disease shall be due to the nature of an employment in which the hazards of such disease actually exist are characteristic ' of and peculiar to the occupation process or employ- ment and is actually incurred in his employment and unless disablement or death results within two years in case of : C. 161 '39 IDAHO SESSION LAWS 291 silicosis or one year in case other occupational disease after the last injurious exposure to such disease in such em- ployment or in case of death unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or claim made as provided in this chapter and results within two years after such last exposure An employer shall not be liable for any compensation for a acute occupational disease unless such claimant was exposed to the hazard of such disease for a period of sixty days for the same employer . 43-2110 MEDICAL TREATMENT In the event of disability ' from an occupational disease the employer shall provide reasonable medical and other treatment for such time in the judgment of the board will tend to lessen the period of dis- ability or provide needed relief Provided however medical and other treatment shall be limited in the case of a workman disabled by an occupational disease to period of ninety days from the date of such disablement but the requirement for such treatment may be extended for an additional period not to exceed ninety days upon the order of the board 43-2111 DETERMINATION OF DEPENDENCY No compensa- , tion for death from an occupational disease shall be payable to any person whose relationship to the deceased which under the provisions of this chapter would give right to compensa- tion arose subsequent to the beginning of the first compen- sable disability save only to after children of a marriage existing at the begining beginning of such disability . 43-2112 No COMPENSATION IN CASES OF MISREPRESENTA- TION No compensation shall be payable for an occupational into disease if the employee at the time of entering the em- ployment of the employer by whom the compensation would otherwise be payable falsely represented himself in writing as not having previously been disabled laid off or compensated in damages or otherwise because of such disease - 43-2113 RULES FOR PREVENTION The industrial accident board may require all employers to adopt rules which have been approved by it for the protection and safety of his em- .. ployees and to prevent the contraction of occupational diseases and to keep the same posted in conspicuous places in and about the premises and the board may require employers to install use or adopt such protective or safety appliances as in the board's opinion are necessary for the protection of the employees 43-2114 WILFUL EXPOSURE A workman or his de__ pendents shall not be entitled to compensation hereunder if he - - Tieman 292 IDAHO SESSION LAWS C. 161 '39 fails to observe such rules and regulations as may be promulgated or approved by the industrial accident board and posted in the plant by the employer or to use the protective and safety devices furnished by his employer as prescribed by the board SPECIAL PROVISIONS RELATING TO PARTICULAR DISEASES 43-2115 DEFINITION OF SILICOSIS Whenever used in _ this chapter silicosis shall mean the characteristic fibrotic condition of the lungs caused by the inhalation of silicon ; dioxide SiO2 dust . 43-2116 DEFINITION OF DISABILITY IN SILICOSIS CASES In case of silicosis disablement means the event of the first becoming actually incapacitated because of such disease from performing work in any remunerative employment and disability means the state of being so incapacitated 43-2117 PERIOD OF EXPOSURE IN SILICOSIS CASES No claim for disability or death from silicosis shall be maintained or prosecuted otherwise than under the provisions of this chapter or come within the provisions of this chapter unless during the ten years immediately preceding the date of dis- exposed - ablement the employee has been to the inhalation of silica dust over a perioodf not less than five years the last two years of which shall have been in this state under a con- tract of employment existing in this state provided however that if the employee shall have been employed by the same employer during the whole of such year period his right to compensation against such employer shall not be affected by the fact that he had been employed during any part of : - such period outside of this state . 43-2118 No COMPENSATION FOR PARTIAL DISABILITY FROM SILICOSIS Compensation shall not be payable for partial disability due to silicosis 43-2119 COMPENSATION FOR TOTAL DISABILITY FROM UN- COMPLICATED SILICOSIS In the event of total disability or death from uncomplicated silicosis compensation shall be payable to employees and their dependents as follows If disablement occurs or in the case of no claim for prior dis- ablement if death occurs in the calendar montihn which this chapter becomes effective the total compensation and death benefits payable shall not exceed the sum of 500.00 If disablement occurs or the case of no claim for prior disablement if death occurs during the next calendar month the total compensation and death benefits payable shall not exceed 550.00 Thereafter the total amount of compensation for death and benefits payable for total disability and death shall increase at the rate of 50.00 per month the aggregate pay- C. 161 '39 . IDAHO SESSION LAWS 293 able in each case to be limited according to the foregoing formula for the month in which total disability occurs or in case of no claim for prior disability in which death occurs Such progressive increase in the limits to the aggregate compensation and benefits for total disability and death shall continue until the limit of 3000.00 is reached which limit shall continue until a transitory period twelve years from the date when this chapter becomes effective shall have expired and thereafter the total aggregate of such compensation and benefits shall be as provided in the workmen's compensation law Provided however that the compensation payable in any such case shall be limited to a period not to exceed the average life expectancy of a person of the age and sex of the deceased 43-2120 COMPENSATION FOR TOTAL DISABILITY FROM COM- PLICATED SILICOSIS In case of disability or death from silicosis complicated with tuberculosis of the lungs compensation shall be payable as for uncomplicated silicosis provided however that the silicosis was an essential factor in causing such disability or death In case of disability or death from silicosis complicated with any other disease or from any other disease complicated with silicosis the compensation shall be reduced as provided in Section 43-2108 43-2121 DISABLING SILICOSIS : Where an employee though not actually disabled is found to be affected by silicosis he may subject to the approval of the board be permitted to waive in writing full compensation for any aggravation of his condition that may result from his continuing in his hazardous occupation In the event of total disablement or death as a result of the disease with which the employee was so affected after such a waiver compensation shall nevertheless be payable as herein elsewhere provided but no case whether for disability or death or both to exceed 2000.00 in the aggregate A waiver so permitted shall remain effective for the trade occupation process or employment for which executed notwithstanding a change or changes of employer Provided that such waiver shall not inure to the benefit of any employer who fails to comply with the provisions of Section 43-2113 The industrial accident board shall make reasonable rules and regulations relative to the form execution filing registration and public inspec- : tion of waivers or records thereof 43-2122 DISABLING COMPENSATION UPON SEVERANCE FROM EMPLOYMENT 1 When an employee working subject to this chapter is because he has a disabling silicosis discharged from employment in which he is engaged or after an examination of an employee as provided in sub- Tinea, 294 IDAHO SESSION LAWS C. 161 '39 section 2 and a finding by the medical panel that it is inad- visable for the employee to continue in his employment such employee terminates his employment and suffers wage loss by reason of such discharge or termination of employment the industrial accident board may allow such compensation on account thereof as it may deem just payable as herein elsewhere provided but in no case to exceed 1500.00 subject . to the following formula If disablement occurs in the calen- dar month in which this chapter becomes effective the total compensation payable shall not exceed the sum of 250.00 if disablement occurs during the next calendar month the total compensation shall not exceed 275.00 thereafter the total amount of compensation payable shall increase at the rate of 25.00 per month the aggregate payable in each case to be limited according to the foregoing formula for the month in which disability occurs Such progressive increase in the limits to the aggregate compensation and benefits shall continue until the limit of 1500.00 is reached 2 Upon application of any employer or employee the industrial accident board may direct any employee of such employer or such employee who in the course of his employment has been exposed to the inhalation of silica dust to submit to examination by the medical panel to determine whether such employee has silicosis and the degree thereof The cost of such medical examination shall be borne by the person making application The results of such examination shall be submitted by the medical panel to the industrial accident board which shall submit copies of such reports to the employer and employee who shall have opportunity to rebut the same provided request therefor is made to the board within thirty days from the mailing of such report to the parties The board shall make its findings as to whether or not it is inadvisable for the employee to continue in his employment - the same compensation employee 3 If an shall refuse to submit to such examina- tion after direction by the board or shall in any way obstruct his right to under this section shall be barred 43-2123 RECURRING DERMATITIS A person who has suf- fered disability from dermatitis and has received compensation therefor shall not entitled to compensation for disability from a later attack of dermatitis due to substantially the same cause unless immediately preceding the date of the later disablement he has been engaged in the occupation to which the recurrence of the disease is ascribed and under the same employer for at least sixty days C. 161 '39 IDAHO SESSION LAWS 295 MEDICAL PANEL 43-2124 MEDICAL PANEL A medical panel shall be ap- pointed by the industrial accident board at such compensation as the board shall fix in any case on a claim for compensation for an occupational disease other than silicosis where a medical question shall be in controversy It shall consist of three members who shall be licensed physicians in good professional standing and who shall have had at least five years practice in the diagnosis treatment and care of industrial diseases licensed 43-2125 SILICOSIS PANEL There shall be silicosis panel consisting of six members who shall be licensed physicians in good professional standing four of whom shall have had at least five years practice in the diagnosis treatment and care of silicosis and two of whom shall be expert roentgenologists who shall have had at least five years practice experience a They shall be appointed by the Governor from list of eligibles recommended by the board of directors of the Idaho State Medical Society term of office of a member of such panel shall be six years except the members of the first panel two of whom shall be appointed to serve until the first day of October 1941 two to serve until the first day October 1943 and two to serve until the first day of October 1945 A vacancy on the panel occurring other than by expiration of term shall be filled by appointment for the unexpired term Members of such panel shall receive such per diem compensa- accident board tion as shall be fixed by the industrial They shall be entitled to their reasonable and necessary traveling and other expenses incurred while actually engaged in the performance of their duties In any case involving silicosis the industrial accident board shall select three members of the silicosis panel to act as the medical panel in such case . 43-2126 NOTICE OF CONTRACTION OF DISEASE AND CLAIM FOR COMPENSATION Unless written notice of the manifesta- tion of an occupational disease shall be given by the workman to the employer within sixty days after the first manifestation thereof and except in the case of silicosis within five months after the employment has ceased in which it is claimed the disease was contracted in case of death unless written within notice of such death shall given ninety days after the occurrence and unless claim for disability or death shall be made within one year after the disablement or death respectively all rights to compensation for disability or death from an occupational disease shall be forever barred claiming Such notice and claim may be made by any person claiming to be entitled to compensation or by some one in his behalf Where compensation payments have been made and dis- continued and further compensation is claimed the claim for 296 IDAHO SESSION LAWS C. 161 39 such further compensation shall be made within one year after ; the last payment 43-2127 POST MORTEM EXAMINATIONS Upon the filing of a claim for compensation for death from an occupational dis- ease where an autopsy is necessary accurately and scientifically to ascertain and determine the cause of death such autopsy shall be ordered by the industrial accident board or the medi- cal panel The medical panel may designate a duly licensed physician who is a specialist in such examinations to perform his or attend such autopsy and to certify findings thereon Such findings shall filed with the medical panel and shall be a public record The industrial accident board also may ' exercise such authority on its own motion or on application made to it at any time by any party in interest upon the presentation of facts showing that a controversy may exist in regard to the cause of death or the existence of any occupational disease All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit autopsy when so ordered and no compensation shall be payable during the continuance of such refusal 43-2128 MODIFICATION OF AWARD An award or denial of _ award of compensation for an occupational disease may be reviewed and compensation increased termoirntearmtine atd ed where previously awarded or awarded where previously denied only upon proof of fraud or of change in conditions and then only upon application by a party in interest made not .. later than one year after the denial of award or where com- pensation has been awarded after the award of the date when the last payment was made under the award except in case of silicosis where such time limit shall be two years 43-2129 REFERENCE TO MEDICAL PANEL OF CONTRO- VERTED MEDICAL QUESTIONS If on a claim for compensation for occupational disease any medical question shall be in controversy the industrial accident board shall refer case _ to the medical panel for investigation and report No award shall be made in any such case until the medical panel shall - have duly investigated case and made its report with the respect to all medical questions at issue The date of disable, - ment if in dispute shall be deemed a medical question.. 43-2130 HEARING ON MEDICAL QUESTIONS The medical panel upon reference to of a claim for occu- pational disease shall notify the claimant or claimants and the employer to appear before it at a time and place stated . in the notice and shall examine the employee if living and may examine the body of the employee if deceased If the | employee be living he shall appear before the medical panel RAT C. 161 '39 IDAHO SESSION LAWS | 297 _ at the time and place specified then or thereafter to submit to such examinations including clinical and ray examina- tions as the medical panel may require The claimant and the employer or his surety shall each be entitled at his own expense to have present at all examinations conducted by - the medical panel a physician admitted to practice medicine in the state who shall be given every reasonable facility for participating in every such examination If a physician admitted to practice medicine in the state shall certify that the employee is physically unable to appear at the time and place designated by the medical panel such panel shall on notice to the parties change the place and time of examina- - tion to such other place and time as may reasonably facilitate the examination of the employee Proceedings shall be sus- pended and no compensation shall be payable for any period during which the employee may refuse to submit to such examination : . 43-2131 REPORT OF MEDICAL PANEL The medical panel its shall as soon as practicable after it has completed consid- eration of the case report in writing its findings conclu- . sions on every medical question in controversy If the date - of disablement is controverted and cannot be exactly fixed scientifically the medical panel shall fix the most probable date having regard to all the circumstances of case The medical panel shall also include in its report a statement indicating the physician or physicians if any who appeared before it and what if any medical reports and rays were considered by it - _ The medical panel shall file its findings and report the industrial accident board which shall send a certified copy thereof to the claimant or claimants and to the employer and _ ; ; his surety if any Loe 43-2132 REVIEW OF MEDICAL FINDINGS The de- cision or award of the industrial accident board in the case shall conform to the findings and conclusions in such report insofar as restricted to medical questions provided however that any such findings and conclusions may be set aside reversed or modified by the industrial accident board upon a review.orevifew.of the award or decision in case such a review had provided in Section 43-1406 of the workmen's compensation act subject however to the following special provisions No such finding or conclusion of the medical panel shall be subject to review unless specific objection shall be filed by a party in interest within the time limited in which to apply for review . of an award or decision If objection is so filed notice thereof shall be given to the medical panel whereupon such panel . - shall delegate one or more of its members to appear at the = 298 IDAHO SESSION LAWS C. 161 39 hearing or hearings on review to submit to examination and examination in respect to the findings and conclusions objected to Upon such review no finding or conclusion of the medical panel upon a medical question shall be set aside reversed or modified unless proved to be manifestly erroneous or unreasonable or due to fraud undue influence inadvertence or mistake of fact or law But with the consent of the medical panel its report in any case may upon review be remanded to it for reconsideration Every decision by the industrial accident board that sets aside reverses or modifies a finding or conclusion by the medical panel shall be subject to review by the courts upon appeal as in other compensation ; cases SECTION 3. APPROPRIATION There is hereby appropriated out of any moneys in the general fund in the state treasury not otherwise appropriated the sum of 10,000.00 so much thereof as may be necessary the same to be placed in the industrial administration fund and the sum of 10,000.00 or so much thereof as may be necessary is hereby appropriated out of the industrial administration fund to the industrial accident board for the administration of this act during the biennium ending December 31 1940 . SECTION 4. STATE INSURANCE FUND The state insurance fund created by the workmen's compensation law and its administrator are hereby authorized to insure employers against liability for compensation and to assure to the persons entitled - thereto the compensation provided by this act In determin- ing equitable rates for the added risks of occupational diseases the State Insurance Fund shall be governed by the provisions j of Section 43-1713 Idaho Code Annotated SECTION 5. All acts and parts of acts in conflict with this act are hereby repealed : Approved March 7 1939 CHAPTER 162 H. B. No. 435 AN ACT ; ; LEVYING LEVYING AN AD VALOREM TAX FOR EACH OF THE YEARS . 1939 AND 1940 TO PROVIDE REVENUE TO PAY THE NECESSARY GENERAL PUBLIC ASSISTANCE REQUIREMENTS AND TO PROVIDE REVENUE TO PAY CERTAIN OF THE - | NECESSARY PUBLIC ASSISTANCE REQUIREMENTS HERE-