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MAINE.

CHAPTER 230.-Compensation of workmen for injuries-Publio

employees.

Public em

SECTION 1. All persons employed by the State or under the ployees indirection and control of any department of the State shall be cluded. entitled to the benefits of chapter fifty of the Revised Statutes. The governor and council shall order such compensation as shall be assessed, paid from the State contingent fund. Approved April 7, 1917.

CHAPTER 241.-Compensation of workmen for injuries.

[This act amends section 6 of the compensation law of the State (ch. 295, acts of 1915) by adding to Paragraph IV the fol lowing:]

Any town or city may, in lieu of the compensation and insurance provided by this act, continue any member of the fire department in said town, who may have been injured in the course of his duties, on the pay roll at full pay, if such full pay exceeds the maximum compensation provided for employees under this act.

45615°-Bull. 243-18-16

Substitute provisions.

241

MASSACHUSETTS.

Compensation of workmen for injuries.

[The compensation law of the State (ch. 751, acts of 1911) is amended in various sections by acts of 1917.

Section 5 of Part II is amended by chapter 198 so as to read as follows:]

aid.

Choice of

Section 5. During the first two weeks after the injury, and, if Medical, etc., the employee is not immediately incapacitated thereby from earning full wages, then from the time of such incapacity, and in unusual cases, in the discretion of the board, for a longer period, the association shall furnish adequate and reasonable medical and hospital services, and medicines, when they are needed. The employee shall have the right to select a physician other than the one provided by the association, and in case he shall be treated physician. by a physician of his own selection, or, where, in case of emergency or for other justifiable cause, a physician other than the one provided by the association is called in to treat the injured employee, the reasonable cost of his services shall be paid by the association, subject to the approval of the industrial accident board. Such approval shall be granted only if the board finds that the employee was so treated by such physician, or that there was such emergency or justifiable cause, and, in all cases, that the services were adequate and reasonable and the charges reasonable.

[Section 8 of Part II is amended by chapter 269 so as to read as follows:]

Sec. 8. In all cases the association shall pay the reasonable expense of burial which shall not exceed one hundred dollars. If the employee leaves dependents, such sum shall be a part of the compensation payable, and shall to that extent diminish the period of payment.

[Section 9 of Part II is amended by chapter 249, acts of 1917, by changing the maximum weekly payment for total disability from $10 to $14 per week, and by chapter 113, acts of 1918, by changing the minimum from $4 to $5.

Section 1 of Part III is affected by the provisions of section 1 of chapter 297, which reads as follows:]

Burial ex

penses.

Sec. 1. The industrial accident board, established by section Industrial one of Part III of chapter seven hundred and fifty-one of the acts accident board. of the year nineteen hundred and eleven, as amended by section six of chapter five hundred and seventy-one of the acts of the year nineteen hundred and twelve, shall hereafter consist of seven instead of five members. The term of office of the two additional members shall be five years, except that when first appointed one shall be appointed for a term of five years and one for a term of three years. The chairman of the said board shall, from time to time, designate five members to serve as a reviewing board, and three members shall constitute a quorum to decide all matters which are required to be heard by the board.

[This chapter also amends other sections of Part III. Section 5 is amended so as to read as follows:]

ments.

Sec. 5. If the association and the injured employee fail to reach Adjustment an agreement in regard to compensation under this act, or if of disagreethey have reached such an agreement, which has been signed and filed in accordance with the provisions of this act, and compensation has been paid or is due in accordance therewith and the parties thereto then disagree as to the continuance of any weekly

Hearings.

Review of awards.

Fees.

Costs.

Claim.

payments under such agreement, either party may notify the industrial accident board which shall thereupon assign the case for hearing by a member of the board.

[Section 6 is repealed.

Section 7 is amended so as to read as follows:]

Sec. 7. The member of the board shall make such inquiries and investigations as shall be deemed necessary. The hearing shall be held in the city or town where the accident occurred, or in such other place as the board may designate; and the decision of the member, together with a statement of the evidence, his findings of fact, rulings of law, and any other matters pertinent to questions arising before him shall be filed with the industrial accident board. Unless a claim for review is filed by either party within seven days, the decision shall be enforceable under provisions of section eleven of Part III.

[Section 9 is repealed.

Section 10 is amended by striking out the word "committee " where it occurs, and substituting therefor the word "member." Section 11 is amended by striking out the words "an arbitration committee" where they appear, and substituting therefor the words "a member."

Sections 12, 13 and 14 are amended so as to read as follows:] Sec. 12. Any weekly payment under this act may be reviewed by the industrial accident board or any member thereof, and on such review the board or member may, in accordance with the evidence and subject to the provisions of this act, issue any order which may be deemed advisable. If the case is heard and decided by a member, his decision shall be subject to review as provided by sections seven and ten of Part III, and the general provisions of the act.

Sec. 13. Fees of attorneys and physicians and charges of hospitals for services under this act shall be subject to the approval of the industrial accident board. If the association and any physician or hospital, or the employee and any attorney, fail to reach an agreement as to the amount to be paid for such services, either party may notify the board, which may thereupon assign the case for hearing by a member of the board in accordance with the provisions of this act, and all proceedings thereunder shall be in accordance with the provisions of this act. The member shall report the facts to the industrial accident board for decision, and the decision shall be enforceable as provided by Part III of section eleven.

Sec. 14 If the industrial accident board, any member thereof, or any court before whom any proceedings are brought under this act determines that such proceedings have been brought, prosecuted, or defended without reasonable ground, it shall assess the whole cost of the proceedings upon the party who has so brought, prosecuted or defended them.

[Section 23 is amended by chapter 119, acts of 1918, so as to read as follows:]

Sec. 23. The claim for compensation shall be in writing and shall state the time, place, cause, and nature of the injury; it shall be signed by the person injured or by a person in his be half, or, in the event of his death, by his legal representative or by a person in his behalf, or by a person to whom payments may be due under this act or by a person in his behalf, and shall be filed with the industrial accident board. A claim for compensation shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, cause or nature of the injury, unless it is shown that it was the intention to mislead and that the association was in fact misled thereby. The failure to make a claim within the period prescribed by section fifteen shall not be a bar to the maintenance of proceedings under this act if it is found that it was occasioned by mistake or other reasonable cause,

ACTS OF 1918.

CHAPTER 125.-Employees on bridges of Boston and Cambridge.

[This act is in effect a supplement of chapter 807, acts of 1913, providing for the application of the compensation law to public employees, and specifically provides for its application to laborers, workmen, mechanics, draw tenders, and assistant draw tenders, employed on the bridges of Boston and Cambridge.]

CHAPTER 216.-Workmen's compensation insurance.

Section 1. Two or more insurance companies authorized to make such insurance in this Commonwealth may unite in issuing joint several workmen's compensation policies, subject to approval by the insurance commissioner as provided in chapter two hundred and eighty-seven of the general acts of nineteen hundred and fifteen, in which case the policies may be headed by the names of all the companies assuming the joint and several obligations under the contract.

Approved May 21, 1918.

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