Salaries and expenses. Reports accidents. of Notice of discontinuance of payments. Costs. Exemption, ments. any proper action thereon, during the whole compensation period applicable to the injury in question. [Section 19 is amended so as to read as follows:] SEC. 19. Each of the commissioners shall receive a salary of four thousand dollars per annum, payable in equal monthly installments, and in addition, such allowance, not exceeding five thousand dollars per annum, as may be approved by the comptroller for expenses incurred in the discharge of his duties, but the comptroller shall not allow as expenses any sum in excess of the amount appropriated therefor; and said provision for expenses of commissioners shall also apply to expenses heretofore incurred for the years ending September 30, 1916, and September 30, 1917. [Section 20 is amended to read as follows:] SEC. 20. Every employer who has accepted the provisions of part B of this act shall keep a record of such injuries sustained by his employees in the course of their employment as result in incapacity for one day or more; and every such employer shall send each week to the commissioner such report of such injuries, in duplicate, as the commissioner shall require, with such notices of claims for compensation as have been served upon him within one week, in conformity with the provisions of section twenty-one. No other report of injuries to employees shall be required by any department or office of the State from such employers as have accepted part B. The duplicates of such reports shall be transmitted to the factory inspector. [Section 22 is amended by substituting for the words "two weeks after the date of the injury" in the first sentence, the words "the expiration of the waiting period;" also by adding thereto the following:] Before discontinuing payments on account of total or partial incapacity under any such agreement, the employer shall notify the commissioner and the employee of the discontinuance of such payments, with the date of such discontinuance, and the reason therefor, and until such notices are sent to the commissioner and said employee, the liability for such payments shall continue, unless otherwise ordered by the commissioner. [Section 27 is amended by adding thereto the following:] Provided, Whenever any appeal shall be taken to the superior court from the finding and award of a compensation commissioner, and such appeal shall be found by said court to be either frivolous, or taken for the purpose of vexation or delay, said court may tax costs in its discretion against the person so taking such appeal. [Section 36 is amended so as to read as follows:] SEC. 36. All sums due for compensation under the provisions of etc., of pay- this act shall be exempt from levy, attachment and execution and shall be nonassignable before or after award. The rights of compensation granted by this act, reckoned at their present value, shall have the same preference against the assets of an employer as may be allowed by law to a claim for the unpaid wages of workmen earned within three months. [Section 42 is amended by adding to the first sentence thereof the following:] Individual and if such employer be a corporation or joint-stock association, liability. such action may be brought against any or all of the directors of such corporation, or joint-stock association, who shall be individually and jointly and severally liable for any damage suffered by such employee. of substitute filed. [The following new matter is added to part B, and has been given section numbers by the compensation commissioners:] Certificates SEC. 45. Any employer who has complied with the provisions of systems to be section twenty-nine hereof by entering into an agreement with his employees to provide a system of compensation, benefit and insurance in lieu of the compensation and insurance provided by this act, which agreement has been approved by the insurance commissioner; or any employer who has complied with the provisions of section thirty hereof by filing with the insurance commissioner security guaranteeing the performance of his obligations under this act; or by insuring his full liability, or by a combination of the two last-named methods approved by the insurance commissioner, may file in the office of the commissioner who may have jurisdiction in case of injury, a certificate issuing out of the office of the insurance commissioner stating that such substitute system has been approved or that such security guaranteeing the performance of the obligations of this act has been filed with and accepted by said insurance commissioner, or that a combination of the methods contemplated in section thirty has been approved. Any employer who has insured his full liability may file a certificate setting forth such fact and stating the date of expiration of such insurance, which certificate shall thereupon become a part of the records of the office of said compensation commissioner. Whenever any person shall present in writing to the commissioner a claim for compensation, either for injury sustained by himself arising out of and in the course of his employment or for injury resulting in the death of some person of whom he is an alleged dependent, he may ask that a writ of attachment issue to secure the payment of such claim or claims for compensation as may arise out of such injury. Unless it shall appear from the records of said compensation commissioner that there has been a compliance with the provisions of section twenty-nine or section thirty, which compliance is then effective, said compensation commissioner may issue a writ of attachment in the manner and form of writs of attachment in civil actions, and said commissioner is vested with the same jurisdiction as authorities authorized to issue writs of attachment in civil actions. Should any such writ be issued and should it thereafter appear to the satisfaction of the compensation commissioner that there has been a compliance with the provisions of section twenty-nine or thirty hereof, which compliance was then effective and applicable to the injury in question, the compensation commissioner may thereupon vacate such writ of attachment on the payment by the employer of the expense actually incurred under said writ of attachment. The several compensation commissioners are vested with the authority of the various courts to dissolve attachments made under the authority hereinbefore conferred, and on the dissolution of an attachment may require the substitution of a bond in the same manner as any court upon the dissolution of attachments in civil actions. SEC. 46. When, in any case arising under the provisions of this Reference to act, the superior court shall be of opinion that the decision in- supreme court. volves princip es of law which are not free from reasonable doubt, and which public interest requires shall be determined by the supreme court of errors, in order that a definite rule be established applicable to future cases, said court may, on its own motion and without any agreement or act of the parties or their counsel, reserve such case for the opinion of the supreme court of errors. Upon a reservation so made, no costs shall be taxed in favor of either party, and no entry fee, record fee, judgment fee or other clerk's fee in either court shall be taxed. Waivers SEC. 47. Whenever any person having a contract of employment, or desiring to enter into a contract of employment, shall have any defective physical defect which imposes upon his employer or prospective ployees. employer an undue or unusual hazard, it shall be permissible for such person to waive in writing for himself or his dependents or both, any rights to compensation under the provisions of this act for any personal injury arising out of and in the course of his employment which may be found by the commissioner having jurisdiction to be directly due to such physical defect. No such waiver shall become effective unless the physical defect in question shall be plainly described therein, nor until the commissioner having jurisdiction shall find that the person signing such waiver fully understands the meaning thereof, nor until such commissioner shall, in writing, approve thereof and furnish each of the parties thereto with a copy thereof. No such waiver shall be a bar to a claim by the person signing the same, or his dependents, for compensation for any injury arising out of and in the course by em Improper acts of insurance companies. Awards for fees. of his employment, which injury shall not be found to be directly due to the particular condition described therein. SEC. 48. Whenever the compensation commissioners, or a majority of them, shall find that any insurance company or association insuring the liability of an employer under the provisions of this act is conducting such business improperly or is dilatory in investigating and adjusting claims or making payments, or fails to comply with the provisions of this act or the rules, procedure and forms adopted by the commission, then said commissioners, or a majority of them, shall notify the insurance commissioner, in writing, setting forth the facts, and thereupon the insurance commissioner shall fix a time and place for a hearing thereof, giving reasonable notice to the commissioners and to such company or association of such hearing, and if he shall find the allegations to be true, he may either suspend for a time or revoke the license of such company or association to transact such business in this State. SEC. 49. Whenever any fees or expenses are, under the provisions of this act, to be paid by the employer or insurer, and not by the employee, the commissioner may make an award directly in favor of the person entitled, which award shall be filed in court, shall be subject to appeal, and shall be enforceable by execution as in other cases. Such award may be combined with an award for compensation in favor of or against the injured employee or the dependent or dependents of a deceased employee or be the subject of an award covering only such fees and expenses. Employees of SEC. 50. In determining the number of employees regularly emindividuals. ployed by an individual, the employees of a partnership of which he is a member shall not be included. Insurance companies report. GENERAL PROVISIONS. SEC. 51. The comptroller is directed to cause a digest of the decisions of the compensation commissioners to be compiled, either in one volume or in parts, to include also decisions of the superior court in compensation cases and decisions or references to decisions of the supreme court of errors in such cases, and to have published twenty-five hundred copies thereof for distribution by him as follows: To the commissioners, seven hundred copies, to the State librarian, three hundred copies, and to the secretary of the State, for sale by him at cost, fifteen hundred copies. Approved, May 16, 1917. CHAPTER 116.-Workmen's compensation commission-Reports. SECTION 1. The workmen's compensation commissioners shall biennially prepare and submit to the governor a report of their doings in conformity with the provisions of section 187 of the general statutes, including such recommendations as they shall think proper. Approved, April 10, 1917. CHAPTER 126.-Workmen's compensation insurance. SECTION 1. Every insurance company writing compensation into surance shall report in writing to the compensation commissioner having jurisdiction of the district in which an employer is insured and to the commissioner in each district in which such employer employs labor, the name of the person or corporation insured, the day on which the policy shall become effective, and the date of its expiration, which report shall be made within one week from the date of the policy. The cancellation of any policy so written and reported shall not become effective until one week after notice of such cancellation has been filed with the commissioner or commissioners with whom such report is filed. Any insurance company violating any provision of this act shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense. Approved, April 10, 1917. DELAWARE. ACTS OF 1917. CHAPTER 233.-Compensation of workmen for injuries. SECTION 1. Chapter 90 of the Revised Code of the State of Delaware is hereby amended by adding a new article thereto, entitled, Masters, apprentices and employees-Article 5.-The Delaware workmen's compensation law of 1917," and the followlowing new sections to be styled as 3193a section 94 to 3193xx section 143, inclusive. Act in effect. Title. Defenses ab 3193a. SECTION 94. This article shall go into effect on the first day of September, A. D. 1917, and shall be briefly known as and cited as "The Delaware workmen's compensation law of 1917." 3193b. SEC. 95. In any action instituted by any person whatsoever on or after the first day of September, A. D. 1917, to re- rogated. cover damages for personal injury sustained by an employee by accident arising out of and in the course of his employment within this State on or after said date, or for death resulting from injury so sustained, it shall not be a defense: (a) That the injury or death was caused in whole or in part by the want of ordinary or reasonable care of, or by the negligence of, a fellow employee; or (b) That the employee had either expressly or impliedly assumed the risk of the injury; or (c) That injury was caused in any degree by the negligence of such employee; but the foregoing provisions of this section shall not apply to an action instituted by any person whatsoever to recover damages for injuries to or death of an employee who shall have elected not to operate under the compensatory provisions of the subsequent sections of this article, nor to an action instituted against any employer to recover damages for injuries to or death of an employee, when such employer shall have elected to operate under the compensatory provisions of the subsequent sections of this article: Provided, however, That when both the employer and the employee shall have elected not to operate under the compensatory provisions of the subsequent sections of this article, then and in such case the employer shall be deprived of the right of interposing the defenses mentioned in this section the same as though he alone had rejected the terms of the subsequent sections of this article. Exceptions. Plaintiff to 3193c. SEC. 96. In any action at law contemplated by the last preceding section, the plaintiff shall be required to file with his show status. declaration or other first pleading, a certificate of the industrial accident board showing the status of the injured employee and his employer at the time of the injury, with respect to election or refusal of the employee and employer to be bound by the compensatory provisions of this article. Election pre 31934. SEC. 97. Every employer and employee shall be conclusively presumed to have elected to be bound by the compen- sumed. satory provisions of this article and to have accepted the provisions of this article, respectively, to pay and to accept compensation for personal injury or death by accident arising out of and in the course of the employment, regardless of the question of negligence, and to the exclusion of all other rights and remedies, unless prior to such injury or death, either party shall have given notice to the other party in the time and manner hereinafter specified. A like presumption shall exist in the case of all minors Waiving exemptions. Notice of rejection By employer; By employee. Waivers forbidden. Waiting time. employed unless the notice above referred to be given by or to the parent or guardian of such minor. Every election to be bound by the compensatory provisions of this article shall be conclusively presumed to be coextensive with the contract of hire between the employer and employee. 3193e. SEC. 98. Either an employer or an employee who has excepted himself by proper notice from the operation of the compensatory provisions of this article, may, at any time, waive such exemption and thereby accept the compensatory provisions of this article by giving the notice provided in 3193 f. section 99 hereof. 3193 f. SEC. 99. Notice of election not to be bound as set forth in 3193 d. section 97 hereof, and notice of acceptance as set forth in 3193 e. section 98 hereof, shall be made in the following man ner: (a) By the employer by causing a printed notice thereof, in large type, to be posted in a conspicuous place in the plant, shop, office, room or place where the employee is employed, and where it may readily be seen by his employees, or by serving such notice personally upon the employee. The employer shall also immediately following the posting or serving of such notice file with the industrial accident board an affidavit showing compliance with the above provisions of this section with respect to the posting or serving of such notice. (b) By the employee by mailing to his employer at the place where said employee is employed, or to the employer's office or place of business, a written declaration in ordinary language of such election or acceptance; or by serving such written declaration personally upon the employer or any of his agents upon whom a summons in a civil action may be served under the laws of the State. The employee shall also immediately following the mailing or serving of such notice file with the industrial accident board an affidavit showing compliance with the above provisions of this section with respect to mailing or serving of such notice. Any such notice mentioned in this section shall be given thirty days prior to any accident resulting in injury or death: Provided, That if any such injury occurred less than thirty days after the date of employment, notice of such exemption or acceptance given at the time of employment shall be sufficient notice thereof. Election by both the employer and employee to be bound as set forth in this section shall operate as a surrender by said parties of their rights to any other form or amount of compensation or damages for any injury or death arising out of and in the course of the employment or to any method of determination thereof other than is provided in the compensatory provisions of this article, and when at the time of any injury, both the employer and employee are bound as aforesaid, all other persons whatsoever having any rights of any character, with respect to, or growing out of such injury, or death resulting therefrom, shall also be bound. .3193 g. SEC. 100. No agreement, rule, regulation or other device shall in any manner operate to relieve any employer or employee in whole or in part from any liability created by this article, except as herein specified. 3193 h. SEC. 101. No compensation shall be paid under this article for any injury which does not incapacitate the employee for a period of fourteen calendar days from earning full wages, but if incapacity extends beyond the period of fourteen calendar days, compensation shall begin on the fifteenth day after the injury: Provided, however, That during said fourteen days, the employer shall, if so requested by the employee, or if so ordered by the industrial accident board, furnish free of charge to the Medical, etc., injured employee, all medical and surgical aid and assistance that aid. may be reasonably required, including hospital service, not to exceed twenty-five dollars in value. Funeral, etc., expenses. 3193 i. SEC. 102. If death results from the injury within one year, the employer shall pay the reasonable expenses of the last sickness and burial of an injured employee, not exceeding one |