than two weeks until the final payment is made when notice shall be given to the commission as is provided in section twenty, and in the event of the failure to continue to make such payments without notifying the commission as aforesaid, there shall be imposed an additional penalty equal to ten per centum of the unpaid compensation which shall accrue to the benefit of the injured workman or his dependents and shall be paid to them. In the event that the award is modified upon the hearing provided in section twenty, payment shall be adjusted to conform to the award, decision or order made upon the hearing. An employer or his insurance carrier may at his option advance to any injured employee or to the principal dependent of a deceased employee any sum of money, in return for which he shall receive a receipt on a form supplied by the commission and signed by the person receiving the money, which receipt shall specifically state in what capacity the signer acted while so receiving such money; such receipt shall be forwarded to the commission within forty-eight hours after date of its issuance. Should any agreement or award be made the sum so stated on the face of the receipt shall be credited to the payment under the award or agreement and shall be repaid as hereinbefore provided. Any money so advanced shall be at the employer's risk. Any employer who has made an advance payment under this section shall be entitled to be reimbursed by his insurance carrier out of an unpaid instalment or instalments of compensation due. No case in which an advance payment is made shall be barred by the failure of the employee to file a claim, and the commission may at any time order a hearing on any such case in the same manner as though a claim for compensation had been filed. § 3. Section twenty-five of such chapter, as last amended by chapter one hundred and sixty-seven of the laws of nineteen hundred and fifteen, is hereby amended to read as follows: § 25. Compensation, how payable. Compensation under the provisions of this chapter shall be payable periodically in accordance with the method of payment of the wages of the employee at the time of his injury or death, and shall be so provided for in any award; but the commission may determine that any payments may be made monthly or at any other period, as it may deem advisable. If the employer has made advance payments of compensation as provided elsewhere in this chapter, he shall be entitled to be reimbursed out of an unpaid instalment or instalments of compensation due, provided his claim for reimbursement is filed before compensation is paid. An injured employee, or in case of death his dependents or personal representative, shall give receipts for payment of compensation to the employer paying the same and such employer shall forward receipts therefor promptly to the commission. If the employer or his insurance carrier shall fail to make payments of compensation according to the terms of the award, there shall be imposed a penalty equal to twenty per centum of the unpaid compensation which shall accrue to the benefit of the injured workman or his dependents and shall be paid to him or them. When the final payment is made or due the employer or his insurance carrier shall within sixteen days send to the commission a notice on a form prescribed by the commission that such final payment is due or has been made fulfilling completely the terms of the award, which notice shall contain the name of the injured employee or his principal dependent, the date of accident. the date to which compensation has been paid and the whole amount of compensation paid, and in case the employer or his insurance carrier fail so to notify the commission of the cessation of payments within sixteen days after the date to which compensation is due or has been paid, the commission shall assess against such employer or his insurance carrier the sum of one hundred dollars, one-half of which shall be paid into the special fund created under favor of numbered paragraph seven of section fifteen herein and one-half of which shall be paid into the state treasury and be applicable to the expenses of the commission. Whenever the commission may deem it advisable it may request any employer or insurance carrier to make a deposit with the treasurer of the commission to secure the prompt and convenient payment of such compensation, and the commission shall have power to make payments therefrom upon any awards. The commission, whenever it shall so deem advisable may commute such periodical payments to one or more lump sum payments to the injured employee, or, in case of death, his dependents, provided the same shall be in the interests of justice. Such commutation shall be made according to the method prescribed in section twenty-seven of this chapter. § 4. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of twelve thousand dollars ($12,000), or so much thereof as may be necessary for the use of the bureau of statistics and information of such commission in carrying into effect the provisions of this act. § 5. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the further sum of sixty thousand dollars ($60,000), or so much thereof as may be necessary, for the uses and purposes of the state industrial commission in carrying into effect the provisions of this act. § 6. Any position established or salary fixed for the purposes for which such sums are appropriated shall be deemed temporary only and subject to future action of the legislature. 7. This act shall take effect immediately. |