Theodore R. McKeldin, Governor                   1505

(b)  Whenever an accident causing disability for a period of more
than three days following the happening of such accident occurs to
any employee, it shall be the duty of the employer within ten (10)
days after the receipt of notice of such accident, oral or written, to
report such accident and injury resulting therefrom to the Commis-
sion [and also to any local representative of the Commission]. Such
report shall state (a) the time, cause and nature of the accident and
injuries, and the probable duration of the injury resulting therefrom;
(b) whether the accident arose out of or AND in the course of the
injured person's employment; (c) any other matters and rules and
regulations as the Commission may prescribe.

(c)  Where the employer has been given notice, or the employer,
or his DESIGNATED representative in in charge of the business in the
place where the injury occurred, has knowledge of any injury or
death of an employee, and the employer fails, neglects or refuses to
file a report thereof, as required by the provisions of Sub-section (b)
of this section, the limitations prescribed by this Article shall not
begin to run against the Claimant or any person entitled to compensa-
tion until such report shall have been furnished as required by Sub-
section (b) of this section.

(d)  Any employer who shall fail to report any accident within the
time prescribed in the preceding paragraph shall be guilty of a mis-
demeanor and upon conviction thereof shall be fined not more than
Fifty Dollars ($50.00).

38. (a) When an employee is entitled to benefits under this Article,
he shall file with the Commission his application and the report of
his physician, provided he was attended by a physician of his own
selection, within sixty days after the date of his accidental injury, for
which compensation is claimed, and failure to do so, unless excused
by the Commission, either on the ground that the insurance carrier
or the employer has not been prejudiced thereby, or for some other
sufficient reason, shall be a bar to any claim under this Article; pro-
vided, however, that failure of an employee to file a claim for com-
pensation within three years EIGHTEEN MONTHS from the date
of the accidental injury ACCIDENT shall constitute a complete bar
to any claim under this Article.

(b)  When death results from injury, the parties entitled to com-
pensation under this Article, or someone in their behalf, shall make
application for same to the Commission, within eighteen months from
the date of death, which application must be accompanied with proof
of death, certificates of attending physician, if attended by a phy-
sician, and such other proof as may be required by the rules of the
Commission.

(c)  When it shall be established that failure to file claim by an
injured employee or his dependents was induced or occasioned by
fraud, or by facts and circumstances amounting to an estoppel, claim
shall be filed within one year from the time of the discovery of the
fraud or within one year from the time when the facts and circum-
stances amounting to an estoppel cease to operate and not afterwards.

(d)  Nothing in this Act shall be construed or applied to affect or
change the law as to any injury for which compensation is payable
under this Article which occurred prior to June 1, 1957.