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which a disability indemnity was paid, agreed to be paid, or for the collection of which proceedings were commenced within the time limited in such cases (Sec. 16).
COMPENSATION FOR TOTAL DISABILITY.
When disability is temporary but total, compensation is 65 per cent of average weekly earnings during the period of such disability, but the aggregate indemnity for a single injury must not exceed three times the average annual earnings, nor must the period extend beyond 240 weeks from the date of accident.
Where the disability is total and permanent, compensation is 65 per cent of the average weekly earnings for a period of 240 weeks, and thereafter 40 per cent of such earnings during the remainder of life.
Loss of both eyes or the sight thereof, loss of both hands or the use thereof, an injury resulting in a practically total paralysis or an injury to the brain resulting in incurable imbecility or insanity are considered as total permanent disability (Sec. 15).
COMPENSATION FOR PARTIAL DISABILITY.
Where disability is temporary and partial, compensation is 65 per cent of the weekly loss in wages during the period of such disability, but the aggregate indemnity must not exceed three times the average annual earnings of the employee, nor must the period extend beyond 240 weeks from the date of accident.
Where the disability is partial but permanent, the percentage of disability and the disability indemnity are computed and allowed as follows: For a 10 per cent disability, 65 per cent of average weekly earnings during 40 weeks; for a 20 per cent disability, 65 per cent during 80 weeks; for a 30 per cent disability, 65 per cent during 120 weeks; for a 40 per cent disability, 65 per cent during 160 weeks; for a 50 per cent disability, 65 per cent during 200 weeks; for a 60 per cent disability, 65 per cent during 240 weeks; for a 70 per cent disability, 65 per cent during 240 weeks, and thereafter 10 per cent of such earnings during the remainder of life; for an 80 per cent disability, 65 per cent during 240 weeks, and thereafter 20 per cent of such earnings during the remainder life; for an 80 per cent disability, 65 per cent during 240 weeks, and thereafter 30 per cent of such earnings, during the remainder of life (Sec. 15).
MEDICAL AND SURGICAL AID.
Employer must furnish reasonable medical, surgical and hospital treatment for a period not exceeding 90 days. If the employer neglects or refuses seasonably so to do, he will be liable for the reasonable expenses incurred by the employee in providing the same (Sec. 15).
RIGHT OF MEDICAL EXAMINATION.
Employee must submit to, from time to time, upon written request of employer. He may have his own physician present at his own expense. Right to compensation is suspended during the continuance of refusal or obstruction after request by employer, and barred after obstruction or refusal to submit when ordered by the Commission or any member thereof (Sec. 21).
COMPENSATION PAYMENTS COMMUTED TO LUMP SUM.
At any time after an award, on its own motion or upon application of either party, the Commission may, in its discretion, commute compensation payments to a lump sum. Provision is made for amount of commutation, covering different classes of disability. The Commission has discretionary power in ordering the manner in which the lump sum payment is to be made (Sec. 33).
AGREEMENT OR AWARD MODIFIED.
At any time within 245 weeks from the date of award, after due notice and upon application of any interested party, the Commission may review, diminish or increase any compensation awarded, upon the ground that the disability of the injured employee has either increased, diminished or terminated (Sec. 82).
At any time within 20 days after a final order or decision by the Commission, either party may apply for a re-hearing on the ground (1) that the Commission acted without or in excess of its powers, (2) that the order, decision or award was procured by fraud, (3) that the evidence did not justify the finding of fact, (4) that the applicant has discovered new and material evidence which could not be produced at the hearing, (5) that the findings of fact do not support the order, decision or award. Final decision is subject to review by the Supreme Court upon writ of certiorari, on the ground of fraud, lack of jurisdiction, etc. (Secs. 82-84).
PROCEDURE IN CASE OF DISPUTE.
All disputes relative to compensation are to be decided by the Commission (Sec. 73); but it may refer any dispute to a referee (Sec. 76), subject to the right to a re-hearing before the Commission (Sec. 80).
The Commission may fix and allow as a lien a reasonable attorney's fee for legal services pertaining to a claim for compensa-. tion, and the reasonable disbursements in connection therewith; but no claim or agreement for such services in excess of a reasonable amount shall be valid or binding (Sec. 29).
COMPENSATION AWARD PRIOR LIEN.
A claim for compensation for injury or death, or any award or judgment thereon, has the same preference as is given by law to claims for wages (Sec. 29).
COMPENSATION NOT ASSIGNABLE.
No claim for compensation shall be assignable before payment (Sec. 29).
COMPENSATION EXEMPT FROM CLAIMS OF CREDITORS.
No claim for compensation, nor compensation awarded, adjudged or paid, shall be subject to be taken for the debts of the parties entitled to such compensation, except for such fees and expenses as are allowed by the Commission (Sec. 29).
EMPLOYER SUBROGATED TO EMPLOYEE'S RIGHT OF
ACTION AGAINST THIRD PARTIES.
The making of a lawful claim against an employer for compensation for injury or death operates as an assignment to the employer of any right of action which the employee or his representative may have against any third party for such injury or death; and such employer is subrogated to any such right and may enforce in his own name the liability of such third party (Sec. 31).
TEXT OF THE COMPENSATION LAW.
CHAPTER 176, LAWS OF 1913.
AN ACT to promote the general welfare of the people of this state
as affected by accident causing the injury or death of employees in the course of their employment, by creating a liability on the part of the employers to compensate such employees and their dependents for such accidental injury or death irrespective of the fault of either party, and providing the means and methods of enforcing such liability;, and creating a “state compensation insurance fund” to insure employers against such liability and providing for its administration and regulating such insurance by other insurance carriers; and requiring safety in all employments and places of employment in this state and providing the means and methods of enforcing such safety; and requiring reports of industrial accidents; and providing penalties for offenses by employers, their officers, agents, and by employees and other persons and corporations; and creating an industrial accident commission, providing for its organization, defining its powers and duties and providing for a review of its orders, decisions and awards; and appropriating moneys to carry out the provisions of this act; and repealing all acts and parts of acts inconsistent with the provisions of this act..
The people of the State of California do enact as follows:
Section 1. This act shall be known, and may be cited, as the “workmen's compensation, insurance and safety act" and shall apply to the subjects mentioned in its title.
Sec. 2. The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows:
(1) The term “commission” means the industrial accident commission of the State of California.
(2) The term "commissioner" means one of the members of the commission.
(3) The term “compensation" means compensation under this act and includes every benefit or payment conferred by sections