IOWA. Compensation of workmen for injuries. [The compensation law of the State (chapter 147, acts of 1913, codified as sections 2477-m to 2477-m-51) is amended in several sections by acts of 1917. Section 1 (sec. 2477-m) is amended by chapter 418 by adding to subdivision (a) the following:] Pension The provisions of this act shall not apply as between a municipal corporation, city or town and any person or persons receiv- funds. ing any benefits under, or who may be entitled to, benefits from any "firemen's pension fund" or "policemen's pension fund" of any municipal corporation, city or town. [Section 10 (sec. 2477-m-9) is amended by chapter 270, by so changing the provisions of subdivision (b) as to allow medical, etc., aid for four weeks instead of two. Subdivision (g) of the same section is amended so as to read as follows:] Waiting Proviso. (g) No compensation shall be paid for an injury which does not incapacitate the employee for a period of at least two weeks time. from earning full wages: Provided, however, That this provision shall not apply to those injuries resulting in disability partial in character and permanent in quality and compensated according to the schedule found in section twenty-four hundred seventyseven-m-9 (j) (2477-m-9-j), Supplement to the Code, 1913. Should such incapacity extend beyond a period of two weeks, compensation shall begin on the fifteenth day after the injury: Prorided, however, That if the period of incapacity extends beyond the thirty-fifth day following the date of injury, then the compensation for the fifth week of incapacity shall be increased by adding thereto an amount equal to two-thirds (3) of the weekly compensation; if the period of incapacity extends beyond the forty-second (42) day following the date of injury, then the compensation for the sixth week of incapacity shall be increased by adding thereto an amount equal to two-thirds (3) of the weekly compensation; if the period of incapacity extends beyond the forty-ninth (49) day following the date of injury, then the compensation for the seventh week of incapacity shall be increased by adding thereto an amount equal to two-thirds (3) of the weekly compensation; if the period of incapacity extends beyond the forty-ninth (49) day following the date of injury, then the compensation thereafter shall be only the weekly compensation provided for in this law. [Subdivisions (h) and (i) are amended by making the maximum weekly payments $15 instead of $10, and the minimum $6 instead of $5. Subdivision (j) is amended by striking out the words "based upon the extent of such disability," in the first paragraph, and substituting therefor the words "as follows." A new paragraph (17) is inserted in subdivision (j), as follows:1 Loss of hear (17) For the loss of hearing in one ear, fifty (50) per cent of daily wages during fifty (50) weeks, and for the loss of hearing in ing. both ears, fifty (50) per cent of the daily wages during one hundred fifty (150) weeks. [Old paragraphs (17), (18), and (19) are renumbered (18), (19), and (20), respectively, and the paragraph now numbered (18) is amended so as to read as follows:] Permanent (18) The loss of both arms, or both hands, or both feet, or both legs, or both eyes, or of any two thereof, caused by a single acci- total disability. dent, shall constitute total and permanent disability, to be com pensated according to the provisions of section twenty-four hundred seventy-seven-m-9 (i) (2477-m-9-i), Supplement to the Code, 1913. [Section 14 (sec. 2477-m-13) is amended by inserting between the first and second words the words "an injured minor employee or." This section is also amended by chapter 336, which adds new paragraphs, as follows:] Representa- In case a deceased employee for whose injury or death comtion of aliens. pensation is payable leaves surviving him an alien dependent or dependents residing outside the United States, the consul general, consul, vice consul or consular agent of the nation of which the said dependent or dependents are citizens shall be regarded as the exclusive representative of such dependent or dependents. Such consular officer, or his duly appointed representative residing in the State of Iowa, shall have the exclusive right in behalf of such nonresident dependent or dependents to present, prosecute, litigate, adjust, and settle all claims for compensation provided by this act, and to receive for distribution to such dependent or dependents all compensation arising hereunder. Commis Such consular officer or his duly appointed representative shall file with the industrial commissioner a copy of his exequatur or evidence of his authority and the industrial commissioner shall notify such consular officer or his said representative of the death of all employees leaving alien dependent or dependents residing in the country of said consular officer so far as same shall come to his knowledge: Provided, however, That nothing herein shall abridge the right of any relative of such decedent who may reside in the State of Iowa to take out administration upon the estate of such decedent, and as such receive the funds due said estate: And provided further, That before said consular agent or his representative shall have the right to receive funds due the estate of said decedent he shall regularly take out administration in the county where said decedent last resided, and give bond as administrator for the protection of such funds as provided by law. [Section 15 (sec. 2477-m-14) is amended by chapter 270 by adding to the first sentence the following:] Provided, however, That no judge of the district court shall sioner to ap consider any such application until there is endorsed thereon prove Commu by the Iowa industrial commissioner his approval of such comtations. mutation, and no order shall be issued by such judge contrary to the endorsement of said industrial commissioner. Casual employees. If no pendent dren. Deputy. chil [Section 17 (sec. 2477-m-16) is amended by substituting "or" for "and" after the word "casual" in subdivision (b); also by adding to the first sentence in subdivision (c) (1), the following:] de- and should the deceased employee leave no dependent children, Section 23 (sec. 2477-m-22) is amended by adding thereto the following:] The Iowa industrial commissioner shall appoint a deputy, for whose acts he shall be held responsible, who shall hold office during the pleasure of said industrial commissioner. Such appointment shall be made in writing, and must be approved by the executive council of the State of Iowa. The deputy, in the ab sence or disability of the Iowa industrial commissioner, shall have all of the powers and perform all of the duties of the indus trial commissioner pertaining to his office, and shall receive an annual salary of two thousand (2,000) dollars, payable in equal monthly installments, out of the State treasury, and in the same manner as are the salaries of other State officials. [Section 25 (sec. 2477-m-24) is amended by chapters 188, 270, and 409, so as to read as follows:] Rules. furnish state Procedure. SEC. 25. The commissioner may make rules and regulations not inconsistent with this act for carrying out the provisions of the act. The employer shall furnish upon request of an injured em- Employer to ployee or dependent or any legal representative acting for such ments. person, a statement of the earnings, wages, or salary and other matters relating to such earnings, wages, or salary during the year or part of the year that such employee was in the employment of such employer for the year preceding the injury: Provided, however, That not more than one report shall be required for each on account of any one injury. Process and procedure under this act shall be as summary as reasonably may be. While sitting as an arbitration committee, or when conducting a hearing upon review, or in the making of any investigation or inquiry, neither the commissioner nor the arbitration committee shall be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but may hold such arbitrations or conduct such hearings and make such investigations and inquiries in the manner best suited to ascertain the substantial rights of the parties. The commissioner shall have the power to subpœna witnesses, administer oaths, and to examine such books and records of the parties to a proceeding or investigation as relate to questions in dispute or under investigation. The fees for attending as a witness before the industrial commissioner shall be $1.50 per diem; for attending before an arbitration committee $1 per diem; in both cases five cents per mile for traveling to and from the place of hearing. The district court is hereby empowered to enforce by proper proceedings the provisions of this section relating to the attendance and testimony of witnesses and the examination of books and records. The deposition of any wit ness may be taken and used in evidence in any hearing pending before a board of arbitration in workmen's compensation proceeding in connection therewith. Such deposition shall be taken in the same manner as provided for the taking of depositions in the district court, and when so taken shall be admissible in evidence in such hearings in the same manner subject to the same rules governing the admission of evidence in the district court. Application for permission to take depositions in such case shall be filed in the district court of the county wherein the case for arbitration shall be heard. The commissioner shall make biennial reports to the governor who shall transmit the same to the general assembly, in which, among other things, the commissioner shall recommend such changes in the law covered by this act as he may deem necessary. [Section 26 (sec. 2477-m-25) is amended by chapter 270 by inserting before the last sentence thereof the following:] In case the injured employee is a minor, either he or the trustee provided for in section twenty-four hundred seventy-seven-m-13 (2477-m-13), supplement to the code, 1913, may execute the memorandum of agreement provided for herein, and may give a valid and binding release for the compensation paid on his account under the terms of this act. [Section 34 (sec. 2477-m-33) is amended by chapter 270 so as to read as follows:] SEC. 34. Any party in interest may present a certified copy of an order or decision of the commissioner, or an award of an arbitration committee from which no claim for review has been filed within the time allowed therefor, or a memorandum of agreement approved by the commissioner, and all papers in connection therewith, to the district court of the county in which the injury occurred, whereupon said court shall render a decree in ac cordance therewith and notify the parties. Such decree, in the absence of an appeal from the decision of the industrial commissioner, shall have the same effect and in all proceedings in rela tion thereto shall thereafter be the same as though rendered in a suit duly heard and determined by said court. Upon the presentation to the court of a certified copy of a decision of the Reports. Minors. Enforce. ment of award. Review. Appeals to court. Fees. industrial commissioner, ending, diminishing or increasing a weekly payment under the provisions of this act, the court shall revoke or modify the decree to conform to such decision. No order or award of an arbitration committee is appealable direct to the courts, but if any party in interest is aggrieved thereby, he may within five (5) days from the date thereof apply to the industrial commissioner for a review of the same by such industrial commissioner in the manner as hereinbefore provided. If any such party is aggrieved by reason of an order or decree of the Iowa industrial commissioner, such party may appeal therefrom to the district court of Iowa, only in the manner and upon the grounds following: Within thirty (30) days from the date of such order or decree of the industrial commissioner, the party aggrieved may file an application in writing with the Iowa industrial commissioner asking for an appeal from such order or decree, stating generally the grounds upon which such appeal is sought. In the event such application is filed as hereinbefore provided, the industrial commissioner shall, within thirty days from the filing of same, cause certified copies of all documents and papers then on file in his office in the matter, and a transcript of all testimony taken therein, to be transmitted with his findings and order or decree to the clerk of the district court of Iowa in and for that county wherein the injury occurred. The application for such appeal may thereupon be brought on for hearing before said district court upon such record by either party on ten (10) days' written notice to the other; subject, however, to the provisions of law for a change of the place of trial or the calling of another judge. The findings of fact made by the industrial commissioner within his powers shall, in the absence of fraud, be conclusive, but upon such hearing the court may confirm or set aside such order or decree of the industrial commissioner, if he finds: (1) That the industrial commissioner acted without or in excess of his powers; or (2) That the order or decree was procured by fraud; or (3) That the facts found by the industrial commissioner do not support the order or decree. (4) That there is not sufficient competent evidence in the record to warrant the industrial commissioner in making the order or decree complained of. No order or decree of the industrial commissioner shall be set aside by the court upon other than the grounds just stated. Upon the setting aside of any such order or decree, the court may recommit the controversy to the industrial commissioner for further hearing or proceedings, or it may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree shall have the same effect and in all proceedings in relation thereto shall thereafter be the same as though rendered in a suit duly heard and determined by said court. An abstract of the judgment entered by the trial court upon the appeal from any order or decree shall be made by the clerk thereof upon the docket entry of any judgment which may hereinbefore have been rendered upon it. Such order or decree and transcript of such abstract may thereupon be obtained for like entry upon the dockets of the courts of other counties within the State. Any party in interest who is aggrieved by a judgment entered by the district court upon the appeal of an order or decree, may appeal therefrom within the time and in the manner provided for in appeal from the orders, judgments and decrees of the district court of Iowa; but all such appeals shall be placed on the calendar of the supreme court and brought to a hearing in the same manner as criminal causes on such calendar. No fee shall be charged by the clerk of any district court for the performance of any official service required by this act, except for the docketing of judgments and for certified copies or transcripts thereof. In proceedings on appeal from an order or de cree, costs as between the parties shall be allowed or not, in the discretion of the court. [Section 35 (sec. 2477-m-34) is amended by changing subdivision (a) so as to read as follows:] Review of (a) Any payment required to be made under this act, which has not been commuted, may be reviewed by the industrial com- payments. missioner at the request of the employer or of the employee, and if on such review the commissioner finds the condition of the em ployee warrants such action, he may end, diminish or increase the compensation, subject to the maximum or minimum amounts provided for in this act. All hearings upon review by the Iowa industrial commissioner under the provisions of this section, or under section twenty-four hundred seventy-seven-m-32 (2477-m32), Supplement to the Code, 1913, shall be held at Des Moines, Iowa, unless the interested parties and the Iowa industrial commissioner mutually agree by written stipulation that the same may be held at some other place. Upon the presentation to the court of a certified copy of a decision of the industrial commissioner ending, diminishing or increasing a weekly payment under the provisions of this act, the court shall revoke or modify any judgment or decree then on record in his court to conform to such decision. [Section 37 (sec. 2477-m-36) is amended by changing its first paragraph so as to read as follows:] Every employer shall hereafter keep a record of all injuries, fatal or otherwise, sustained by his employees in the course of their employment and resulting in incapacity for a longer period than one day. Within forty-eight hours, not counting Sundays and legal holidays, after the employer has knowledge of the occurrence of an accident resulting in personal injury causing incapacity for a longer period than one day, a report shall be made in writing by the employer to the industrial commissioner on blanks to be procured from the commissioner for that purpose. [Section 42 (sec. 2477-m-41) is amended so as to read as follows:] Accidents to be reported. Insurance SEC. 42. Every employer, subject to the provisions of this act. shall insure his liability thereunder in some corporation, associa- required. tion or organization approved by the State department of insurance. Every such employer shall within thirty (30) days after this act goes into effect exhibit on demand of the State insurance department evidence of his compliance with this section. And if such employer refuses, or neglects to comply with this section, he shall be liable in case of injury to any workman in his employ under the common law as modified by statute, and in the same manner and to the same extent as though such employer had legally exercised his right to reject the compensation provisions of chapter eight (8)-A, Title XII, Supplement to the Code, 1913. Any employer who fails to insure his liability as required herein shall post and keep posted a sign of sufficient size and so placed as to be easily seen by his employees in the immediate vicinity where working, which sign shall read as follows: NOTICE TO EMPLOYEES. You are hereby notified that the undersigned employer has failed to insure his liability to pay compensation as required by law, and that because of such failure he is liable to his employees in damages for personal injuries sustained by his employees in the same manner and to the same extent as though he had legally exercised his right to reject the compensation provisions of chapter eight-a (8-A), Title XII, Supplement to Code, 1913. (Signed). Any employer coming under the provisions of this act who fails to comply with this section or to post and keep posted the above notice in the manner and form herein required shall be guilty of a misdemeanor. |