West Virginia Chapter 74 of the Laws of 1911, known as the Workmen's Compensation Act and all amendments thereto, and submit ourselves irrevocably to the provisions of said act to all intents and purposes as if we had been originally included in its terms, in conformity with § 19 of said act. In Witness Whereof, we have hereunto set our hands and seals The above agreement is hereby approved this. day of..... 19... Industrial Insurance Commission. By.. WEST VIRGINIA The West Virginia Act is an elective State insurance plan. It is elective so far as employers are concerned, but not as to workmen. An employer may elect to adopt the compensation principle by notifying the Public Service Commission of that fact (§ 11), and posting in conspicuous places about his place of business typewritten or printed notices stating the fact that he has made such election. §23. The first notice to the Public Service Commission, at Charleston, W. Va., may be by letter stating that the employer desires to elect to pay compensation to his employés. Thereupon the commission will forward to him a blank to be filled out. This must be completed and returned to the commission. The notice to be posted may be substantially in the form given below. The Act applies to workmen by compulsion when such workmen have remained in the service of their employers, with notice that such employers have elected to pay into the workmen's compensation fund the premiums provided for by the Act. § 22. The employer is protected only during such period as he is West Virginia not in default in the payment of premiums to the State fund. $ 22. Whenever an employer is in default in payment of premiums into the fund he is subject to actions for damages by his employés. § 26. And in such actions he is deprived of the right to set up the common-law defenses. § 26. Employers and employés engaged in interstate commerce or foreign commerce may, under certain circumstances, elect to operate under the Act. § 52. Ninety per cent of the premium to be paid to the State fund is contributed by the employer and ten per cent by the employé, and these premiums are to be paid monthly on or about the 25th day of each month for the preceding month. § 24. Employers are empowered to deduct the employés' share from their wages. The Act does not apply to "employers or employés in domestic or agricultural service;" nor to the other classes specified in § 9. FORM Notice by Employer to Workmen of Election to Pay Notice to Employés: Compensation Please take notice that the undersigned has elected to pay compensation to his (its) workmen by paying premiums to the workmen's compensation fund, pursuant to Chapter 000, acts of the Legislature of West Virginia, 1913, providing for the administration of a workmen's compensation fund and for other purposes, approved February 22, 1913, and all acts amendatory thereof. Dated the... . . .day of.... Wisconsin WISCONSIN The Wisconsin act is elective. Prior to September 1, 1913, it was necessary for the employer to take affirmative action to indicate an election to adopt the compensation principle. By the amendment of the law in 1913 (L. 1913, chap. 599), it was provided that on and after September 1, 1913, "every employer of four or more employés in a common employment shall be deemed to have elected to accept the provisions of §§ 2394-3 to 2394-31, inclusive, unless prior to that date such employer shall have filed with the Industrial Commission a notice in writing to the effect that he elects not to accept the provisions hereof." § 2394-5, subd. 2. It is also provided in the same section that employers commencing business subsequent to September 1, 1913, may elect not to adopt the compensation principle at any time prior to becoming an employer of four or more employés in a common employment. Any employer may withdraw his election to adopt the compensation principle at the expiration of one year or at the expiration of any succeeding year by at least sixty days prior to the expiration of such first or any succeeding year filing in the office of the Industrial Commission a notice in writing to the effect that he desires to withdraw his election to be subject to the compensation provisions of the statute. § 2394-5. The Industrial Commission of Wisconsin rules that common employment means such employment as makes the employés fellow servants under the common law. An employé may elect to reject compensation by filing the notice specified in § 2394-8 (2). The Attorney General has ruled that an employé has thirty days after an employer accepts the compensation principle within which to file notice of rejection and this includes such employers as were brought within the terms Wisconsin of the act by the presumptive election in the amendment which became effective September 1, 1913. Under § 2394-3, as amended by § 2394-8 (3) in 1913, railway trainmen can be brought within the terms of the act only by the voluntary acceptance thereof by both employers and employés. Other employés of railroads are brought within the terms of the act the same as those of private employers generally. When employés and employers are both engaged in interstate commerce at the time of the accident the Act does not apply. § 2394-8 (3). A notice filed by a railway company, which states that it accepts the provisions of the Workmen's Compensation Act, and that the nature of the employment of its men at its office and shop work is sufficient to include all employés of the railway company if the statute authorizes their inclusion. Minneapolis, St. Paul & S. S. M. Ry. Co. v. Industrial Commission of Wisconsin, 000 Wis. 000; 141 N. W. Rep. 1119. FORM Employer's Election not to Become Subject to Compensation Act (§ 2394-6) INDUSTRIAL COMMISSION, Madison, Wis. Take notice that the undersigned employer of labor in Wisconsin hereby elects not to accept the provisions of the Workmen's Compensation Act. Wisconsin FORM Employer's Notice of Withdrawal from Operation under Workmen's Compensation Act INDUSTRIAL COMMISSION, Madison, Wis. (§ 2394-6) Take notice that the undersigned employer of labor in Wisconsin hereby withdraws his (her) (its) election to become subject to the provisions of the Workmen's Compensation Act of Wisconsin. The above notice to be effective, must be filed in the office of the Industrial Commission at least sixty days prior to the expiration of one year from the date when the employer becomes subject to the provisions of the act, or sixty days prior to the expiration of any succeeding year. FORM Notice of Employé upon Entering Employment that he Elects not to be Subject to the Workmen's Compensation Act To. (§ 2394-8-2) (Write name of employer plainly on above line.) (Write address of employer plainly on above line You will take notice that being about to enter your employ, I elect not to be subject to the provisions of the Workmen's Compensation Act of Wisconsin. |