Offset of overpayment of compensation C. 158. An award for compensation may be enforced by a committal order under the Debtor's Act. Bailey v. Plant (1900), 3 W. C. C. 209. 23. New trial; arbitrator cannot grant. An arbitrator has no power to grant a rehearing in the nature of a new trial of an action after he has made his award, as he sits as an arbitrator and not as a judge. Mountain v. Parr (1899), 80 L. T. 342; 1 W. C. C, 110. 24. Signing receipts by workman. His em A workman was incapacitated by accident. ployers tendered full compensation but asked him to sign a receipt for the payments to the effect that each payment involved no admission of liability to pay any compensation thereafter. The workman refused to sign the receipt, and brought proceedings for arbitration. The Sheriff-Substitute dismissed the proceedings on the ground that no question had arisen. It was held on appeal that there was a question as to the duration of compensation, and the proceedings were competent. Freeland v. Summerlee Iron Co. (1912), 49 Sc. L. R. 841; 5 B. W. C. C. 598. 25. What amounts to " recovery " of compensation. A workman was injured by the negligence of third parties. He received compensation from his employers expressly reserving his rights against the third parties. It was understood that if he succeeded against the third parties he would repay his employers the compensation he had received from them. He brought an action against the third parties. It was held that the workman had not "recovered" compensation and the action was not barred. Wright v. Lindsay (1911), 49 Sc. L. R. 210; 5 B. W. C. C. 531. 26. Offset of overpayment of compensation. When compensation at an agreed rate has been paid to a certain period, and it appears that the workman was not California entitled to as much compensation as has been actually paid, the court, nevertheless, will not offset the over-payment under the agreement so as to credit compensation due at a subsequent period. Doyle v. Cork Steam Packet Co. (1912), 5 B. W. C. C. 350. ARTICLE B-DIGESTS OF VARIOUS STATUTES WITH NOTES AND FORMS 1 ARIZONA No special body is appointed to administer the law in Arizona. The parties agree upon the compensation payable and reduce their agreement to writing. If they cannot agree they can settle it by arbitration or by submission to the Attorney General of the State. If either party refuses to enter into an arbitration, or to submit the case to the Attorney General, then the workman can bring an action in any of the courts of the State which would have jurisdiction of an action between the parties. § 75. CALIFORNIA2 The Act of 1913, which took effect on January 1, 1914, created an Industrial Accident Commission composed of 1 Manifestly it would be out of the question to repeat in this place the lengthy provisions of the various acts on the questions of administration and procedure. Enough has been included to give an indication of the plan under each act, with references to the sections of the acts where the details can be found, in the texts of the acts in Chapter XXIV. A number of essential forms have also been given, together with the rules of the various boards and commissions which administer the statutes. Most of these boards require that blanks shall be used which they furnish without cost. Some of the commissions administering State insurance funds require that such blanks be used in all instances. It would mean mere padding therefore to reproduce them in this place. 2 The provisions of the act are to be liberally construed with a view to effect its objects and to promote justice. Christ v. Pacific Telephone and Telegraph Co., Cal. Indus. Acc. Bd., April 25, 1912. Until the workman makes a demand on the employer and the employer California three members. This Commission has complete charge of the administration of the Act with power to create a safety bureau, and a department to administer the State insurance fund. §§ 3 to 11 inclusive. Any dispute in relation to compensation is brought before the Commission by notice and the matter is heard without pleadings. §§ 22, 23 and 24. After the Commission has made its finding, any party may file a certified copy of the findings and award with the Clerk of the Superior Court and judgment must be entered by the Clerk in conformity therewith. § 26. The decision of the Commission is subject to review by the courts as provided in §§ 27, 84 and 85 of the Act. refuses or neglects to pay compensation there can be no dispute or controversy concerning compensation which gives jurisdiction to the Industrial Accident Board. Christy v. Standard Oil Co., Cal. Indus. Acc. Bd., May 10, 1912. The administration of the act demands the utmost good faith on those who come under its terms. In many instances the only available evidence of the nature and extent of the injury is the testimony of the injured workman and if the workman's testimony be discredited and it clearly appears that he lacks good faith and that he has made a deliberate attempt to capitalize an old injury the entire claim should be viewed with doubt and suspicion. Christy v. Standard Oil Co., Cal. Indus. Acc. Bd., May 10, 1912. The burden of proof is upon the person claiming compensation to show that both employer and employé are subject to the compensation provisions of the act, that the employé, at the time of the accident, was performing service within the scope growing out of and incidental to his employment, and that the accidental injury was caused by accident. McAvin v. City Electric Co., Cal. Indus. Acc. Bd., March 8, 1912; aff'd by Superior Court. Also to prove the nature and extent of his disability and also the probable loss of earning capacity resulting therefrom. Christ v. Pacific Telephone & Telegraph Co., Cal. Indus. Acc. Bd., April 25, 1912. The allowance of an amendment to a pleading rests within the discretion of the Board and amendments should be permitted whenever the purposes of the act will be forwarded by so doing. Christy v. Standard Oil Co., Cal. Indus. Acc. Bd., May 10, 1912. The petition of the above-named applicant .. respectfully shows to your honorable Commission as follows, to wit: by reason of an accident arising out of and in the course of h.... employment by the above-named... That your petitioner is the... person injured. (Name of Employer.) (If applicant is a dependent, state relationship.) II That a question has arisen with respect to the compensation to be paid therefor and the general nature of the claim in controversy is as follows, to wit: Give the date that employer refused to pay the compensation demanded, and state briefly the exact matter in dispute, as for example: (A) Employer denies liability for compensation; or, (B) A dispute has arisen concerning the amount or duration of the compensation payable. California III That the following is a statement of particulars relative to this application: 1. Name of injured employé.. Address... Occupation.. 2. Name of employer. Address.. Place of business. Business address. 3. Name and address of all other parties to this application, and reason such parties are joined... 4. Place of accident.. 5. Nature of work on which injured person was engaged at time of accident... 6. Description of accident and cause of injury.. 7. State whether or not medical and surgical, etc., treatment required, and whether furnished by employer or not.... 8. Name of attending physician. Address.. 9. Nature of injury. 10. Has injured person fully recovered? If so, when?. 11. Particulars of disability, whether total or partial, and estimated duration thereof. If death resulted, so state, giving date of death.... 12. Average earnings of employé prior to accident, including overtime: $. . . . . . per week; $. . . . . . per month; $. . . . . per year. |