[ART. CI] WORKMEN'S COMPENSATION ACT.

1914, ch. 800, sec. 37.

557

38. Notice of an injury for which compensation is payable under this Act shall be given to the employer within ten days after the accident, and also in case of the death of the employee resulting from such injury, within thirty days after such death. Such notice may be in writing, and contain the name and address of the employee, and state in ordinary language the time, place, nature and cause of the injury, and be signed by him or by a person on his behalf, or in case of death, by any one or more of his dependents, or by a person on their behalf. The failure to give such notice, unless excused by the Commission either on the ground that notice for some sufficient reason could not have been given, or on the ground that the State Accident Fund, insurance company, or employer, as the case may be, has not been prejudiced thereby shall be a bar to any claim under this Act.

Whenever an accident occurs to any employee, it shall be the duty of the employer to at once report that accident, and the injury resulting therefrom, to the Commission, 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 probable duration of the injury resulting therefrom; (b) whether the accident arose out of or in the course of the injured person's employment; (c) any other matters the rules and regulations of the Commission may prescribe.*

Claim 3072, Mrs. Fannie Leveter Maxwell, as to claim of wife living apart. See opinion of S. I. A. C., Claim 3257. Elnora Jackson, claimant as to wife and children living apart from husband and father. (Daily Record, January 29, 1916.) See opinion of S. I. A. C., Claim 789, Jane Irvine, claimant. Claim of sister allowed. See opinion of S.I.A.C., Claim 2887, Mary C. Graff, claimant. Claim filed by sister of deceased and disallowed. See opinion of S.I.A.C., Claim 1649, Ella Doyer, claimant. Position of a friend. Claim disallowed. As to dependency of wife, living apart from her husband, see opinion of S. I. A. C., Claim 2, Mary E. Duvall, claimant.

DISABILITY.--See opinion of S. I. A. C., Claim 248, Mekelina Lysocki, claimant, as to partial dependency. See opinion of S. I. A. C., Claim 1518, Ernest Waltham, employee. Wages paid in full during disability. See opinion of S. I. A. C., Claim 215, Emma R. Chambers, claimant, as to dependency with benefits from other source and average weekly wage.

MEDICAL EXPENSES.-See Claim 227, S. I. A. C., Frederick Snyder, employee. See Claim 1274 of S. I. A. C., William T. Yeadeker. employee. See Claim 330 of S. I. A. C., Mike Smithyschuke, employee, as to failure to secure medical services. Claim allowed. See Claim 86 of S. I. A. C., Charles E. Scott, employee, refusal to submit to operation.

* See opinion of S. I. A. C., Claim 604, Michael Haningan, employee. Claim disallowed, as employer failed to report same for over a month, and thereby deprived employer of opportunity to investigate. See opinion of S. I. A. C., Claim

558

MARYLAND CORPORATION LAW

[ART. CI]

Ibid, sec. 38. 1916, ch. 597.

39. When an employe is entitled to compensation under this Act he shall file with the Commission his application, together with a certificate of the physician, if any, who attended him, within thirty days after the beginning of his disability, 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 Act.

When death results from injury the parties entitled to compensation under this Act, or someone in their behalf, shall make application for same to the Commission, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this Act, certificates of attending physician, if attended by a physician, and such other proof as may be required by the rules of the Commission.

Ibid, sec. 39.

40. The Commission shall make or cause to be made such investigation of any claim as it deems necessary, and upon application of either party, shall order a hearing, and within thirty days after a claim for compensation is submitted under this section, or such hearing closed, shall make or deny an award, determining such claim for compensation, and file the same in the office of the Commission, together with a statement of its conclusions of fact and rulings of law. The Commission may, if it deems proper, on the written application of any party in interest, or on its own motion, require the claimant to appear before an arbitration committee apointed by it and consisting of one representative of employees, one representative of em2057, Frank J. Tippen, employee, as to notice of injury to employer. (Daily Record, October 16, 1915.) See opinion of S. I. A. C., Claim 4199, Marie Both ner, employee, as to notice and effect when failure to give notice has not preju diced the employer and right of Commission to waive effect of failure to give notice. (Daily Record, February 3, 1916.) See opinion of S. I. A. C., Claim 704, Benjamin F. Trone, employee, as to failure of notice to employer. Claim allowed. See opinion of S. I. A. C., Claim 1701, Walter M. Wells, employee. foreman. Claim allowed. Fitzhugh, claimant.

Notice to

See opinion of S. I. A. C., Claim 689, Catherine

ployers, and either a member of the Commission or a person specially deputized by the Commission to act as chairman, before which the evidence in regard to the claim shall be adduced and by which it shall be considered and reported upon, with the right of either party to appeal to the Commission from the finding of said arbitration committee on all questions of law and fact.

If changes of circumstances warrant an increase or rearrangement of compensation, like application shall be made. No increase or rearrangement shall be operative for any period prior to application therefor.

Ibid, sec. 40.

41. Any person who shall knowingly secure or attempt to secure larger compensation or compensation for a longer term than he is entitled to, or knowingly secure or attempt to secure compensation when he is not entitled to any, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dolars, or imprisoned not exceeding twelve months, or both, in the discretion of the Court, and shall from and after such conviction, cease to receive any compensation.

Ibid, sec. 41.

42. Any employee entitled to receive compensation under this Act is required, if requested by the Commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the rules of the Commission. If the employee refuse to submit to any such examination, or obstructs the same, his right to compensation shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period.

Ibid, sec. 42.

43. Should a further accident occur to an employee already receiving payment under this Act for a disability, or who has been previously the recipient of a lump sum payment under this Act, his future compensation shall be adjusted according to the

other provisions of this Act, and with regard to the combined effect of his injuries and his past receipt of compensation under this Act. In case of the remarriage of a dependent widow of a deceased employee without dependent children, all compensation under this Act shall cease, and further, no widow or wid ower shall receive any benefits under this Act where the mar riage shall have taken place after the person entitled to benefits hereunder shall have been injured, provided there are no dependent children.

If aggravation, diminution or termination of disability takes place or be discovered after the rate of compensation shall have been established or compensation terminated in any case, the Commission may, upon the application of any party in interest or upon its own motion, readjust for future application the rate of compensation in accordance with rules in this section provided, or in a proper case, terminate the payments.

A husband or wife of an injured employee, who has deserted said employee for more than one year prior to the time of the injury or subsequently shall not be a beneficiary under this Act.

Ibid, sec. 43

44. If a beneficiary shall reside or remove out of the State, and shall have been such non-resident for a period of one year, the Commission may, in its discretion, convert any payments therafter to become due to such beneficiary into a lump sum payment, not in any case to exceed twenty-four hundred dollars, by paying a sum equal to three-fourths of the then value of such payments.

Ibid, sec. 44.

45. If injury or death results to a workman from the deliberate intention of his employer to produce such injury or death, the employee, the widow, widower, child, children or dependents or the employee shall have the privilege either to take under this Act or have cause of action against such employer, as if this Act had not been passed.

Ibid, sec. 45. 1916, ch. 597.

46. Notwithstanding anything hereinbefore or hereinafter contained, no employe or dependent of any employe shall be

entitled to receive any compensation or benefits under this Act on account of any injury to or death of an employe caused by self-inflicted injury, the wilful misconduct or where the injury or death resulted solely from the intoxication of the injured employe.*

1914, ch. 800, sec. 46.

47. If it be established that the injured employee was of such age and experience when injured as that under the natural conditions his wages would be expected to increase, this fact may be considered in arriving at his average weekly wage.

Ibid, sec. 47.

48. A minor working at an age legally permitted under the laws of this State shall be deemed sui juris for the purposes of this Act, and no other person shall have any cause of action or right to compensation for any injury to such minor employee unless otherwise herein provided.

Ibid, sec. 48.

49. No compensation shall be allowed for two weeks after the injury is received, except disbursements herein authorized for medical, nurse and hospital services and medicines, and for funeral expenses.

Ibid, sec. 49.

50. The benefits in case of death shall be paid to such one or more of the dependents of the decedent for the benefit of all

Section 46. See opinion of S. I. A. C., Claim 327, Andrew P. Miler, employee, as to burden of proof, with subject of intoxication. Claim allowed. In American Ice Co. vs. Fitzhugh (Daily Record, May 6, 1916), decided by Maryland Court of Appeals on April 26, 1916, the Court said:

"These prayers ignore the provision of the Act which disentitled the employee to recover only where intoxication is the sole cause of the injury which results in death. The prayers properly present the defense of contributory negligence applicable to ordinary cases of negligence, but the Act in question was designated to abolish the defense of contributory negligence in cases falling within its provisions, and it is only where intoxication is the sole cause, and not the contributing cause of the injury, that it can be relied on as a defense to the claim of the employee or his dependents. In other words, under the terms of the Act, the injury for which compensation is sought must be due exclusively or entirely to the intoxication of the employee in order to constitute a defense to the claim. Subsection *** 7 of Section 61 declares that 'death' referred to as the basis of compensation under this Act, means 'only death resulting from such injury,' and where the injury which results in the death of the employee results solely from intoxication, the defendants are not entitled to compensation."