WORKMEN'S COMPENSATION

3645

ARTICLE 101.

WORKMEN'S COMPENSATION.¹

	State Industrial Accident Commission.	of application, method of investi-
	1. Commission created; terms; qualifica-	gating, etc., and time within which awards to be made.
	tions; vacancies; removal.
	2. Quorum; order of one member con-	10. Commission not bound by rules of evi-
	curred in, valid.	dence or technical procedure save as
	3. Commissioners' salaries; expenses. 4. Sessions of commission, open to pub- lic; record of proceedings; penalty for employees who divulge informa-	provided. 11. Certified copy of evidence and proceed- ings taken by official stenographer to be evidence before commission;
	tion.	copy thereof to parties in interest.
	5. Secretary and other employees of com-	12. Forms to be kept and distributed free
	mission; salaries and expenses; of- fices, equipment of; seal; oath.	of cost. 13. Report of commission to Governor;
	6. Secretary of commission; duties of;	contents.
	records and documents; may ad- minister oaths ; assistant.	Suit — Methods of Insurance.
	7. Subpoenas; witnesses; depositions; pro-	14. Duty of employers; injuries not in-
	duction of books, etc.; recalcitrant	cluded in this article. Failure of em-
	witnesses, punishment of; self-in-	ployer to comply — option of em-
	crimination, no excuse; proviso;	ployee; defenses abolished in case
	perjury.	of suit. Employments not extra-
	8. Subposna; compensation for service of;	hazardous.
	witness fees; mileage; depositions.	15. Methods of insurance; employers who
	9. Commission to adopt rules of proce-	carry their own insurance ; bond ; de-
	dure and prescribe kind of notices,	posit of securities. Penalty; court
	nature and extent of proof, forms	may remit.

As to the powers of Industrial Accident Commission re vocational rehabilitation and
placement, see art. 77, sec. 262, et seq.

Employers and employees may agree upon a scheme of compensation—art. 48A,
sec. 166. As to "Work—Hours of," "Employment of Children," etc., see art. 100. As to
Insurance, see art. 48A. As to sureties, see art. 90. As to negligence causing death, see
art. 67.

¹ Ch. 732 of the Acts of 1939 amends Secs. 1, 2, 5 and 6 of this Article but, as a pe-
tition was filed with the Secretary of State under the provisions of Article 16 of the
State Constitution, this Act will not become effective unless approved by the majority
of the voters at the election on Nov. 5, 1940. If a majority of the voters approve this
Act, it will become effective as of Dec. 5, 1940. These four sections, as amended by
Ch. 732, are as follows:

1. A Commission is hereby created which shall be known as the State Industrial
Accident Commission, to be composed of four Commissioners. Upon June 1st, 1939,
all of the terms of the Commissioners in office upon the taking effect of this Act
shall terminate, and the Governor shall thereupon appoint one 'Commissioner who
shall hold office for a term of one year, one for a term of two years, one for a
term of three years, and one for a term of four years. Upon the expiration of the
term of each Commissioner, his successor shall be appointed by the Governor for a
term of four years. Each Commissioner shall devote his entire time to the duties
of the office, and shall not hold any position of trust or engage in any occupation
or business interfering 'or inconsistent with his duties as such Commissioner, or
serve on or under any committee of a political party. Each Commissioner shall
hold office until his successor shall be appointed and shall have qualified. Vacan-
cies shall be filled by the Governor for the unexpired term. The Governor may at
any time remove any Commissioner from office for inefficiency, neglect of duty or
malfeasance in office. Before such removal he shall give such Commissioner a copy
of the charges against him and shall fix a time when he can be heard in his own
defense, either in person, or by counsel, which shall not be less than ten days
thereafter, and such hearing shall be open to the public. The principal office of the