Evening journal., 1913-02-06


heretofore paid and thereafter pay
able by the employer Oess the cost Of
securing and collecting the same)
shall be paid forthwith. when col
lected, to the employe or to the de.
pendents
Section Is. Any employer subject
to the provisions of this Article may
insure, in whole or in part his La
bility to pay compensation under this
Article, with any Association or cor
poration authorized to transact an in
surance business in this State.
II, by the terms of the policy. such
Association or corporation is bound
to pay in whole or in part, the COM
pensation provided for in this Article,
the employer shall be to such extent
relieved from liability under this Ar
ticle, provided the policy contains
the provisions of the two following
sections, and provided that the insur-
er pays the compensation to the EN-
ploye in accordance with the terms
of this Article
Section 49, Such policies shall coll
tain a clause to the effect that as be-
tween the employe and the insurer
the notice to and knowledge of the
occurrence of the injury or death on
part OF the employer shall be deemed
notice and knowledge on part of tho
insurer; that jurisdiction of the enl-
ployer for the purposes of this Arti-
Gle shall be jurisdiction OF the insur-
er; and that the insurer shall in all
things be bound by and subject TO the
awards, judgments or decisions rem
dCrpd against glrh omplOVer
Section 20 Such policies shall pro-
vide that the cmployc shall have a
first lien upon any amount which
shall become owing on account of
such policy to the employer from the
insurer and that in case of the legal
incapacity or inability of the employ
er to receive said amount and pay it
over to the employe or his depend
ents, the said insurer shall pay the
same directly to the said employe or
to his dependents or their guardians,
thereby discharging to the extent
thereof the obligations of the EN-
ployer to the employe; and such poll
icies shall contain no provision re-
Eeving the insurance company from
payment when the employer becomes
insOlvent OF discharged in bankruptcy
or otherwise, during the period that
the policy is in operation or the COM
pensation remains owing.
Section p. In case of personal in
jury, all claims for compensation
shall be forever barred unless, within
one year after the accident the parties
shall have agreed upon the compensa-
tion as before provided, or unless
within one year after the accident
nf 10 tnH rnrffpl
shall have appealed to the Industrial
Accident Board as in this Article pro-
vided. In cases of death, all claims
for compensation shall be forever bar
red unless, within one year after the
death the parties shall have agreed
upon the compensation as before pro-
yided, or unless, within one year after
the DEATH one or more of the inter
ested parties shall have appealed tC
the Industrial Accident Board as in
this Article provided Where. how
ever payments of compensation have
been made in any case, said Limitation
shall not take effect until the eXpir.
alton of one year from the time Of the
making OF the last payment
Section %. Any employer who il
bound by the provisions of this Article
may enter into, or continue, any
agreement with his employees to pro
vide a schedule of compensation, bene
fit, or insurance, in lieu of the com
pensation provided for in this Article
subject to the recommendation of th'
Industrial Accident Board and thl
written approval of at least three o
the Judges Of the Supreme Court o.
the State OF Delaware Such recon-
mendation and approval shall be mad,
only on condition that the scheme pro-
posed include the benefits provided IL
this Article or their reasonable equiv
alent.
If such scheme secures the recon.
mendation and approval aforesaid
said Board shall issue a certifcat,
enabling the employer to contract
with any or all of his employees, tC
substitute such scheme for the pro
visions of this Article for a perioC
fixed by said Board. Any such schem,
may be terminated by said Board or
reasonable notice to all interested. Il
the scheme is not fairly administered
or if there is any other substantial
reason for such termination.
There shall be a right Of appeal tC
the Courts of Law and Equity from
any decision of said Board upon thS
matters set forth in this section, under
such rules and orders as the .Cour
shall adopt
ARTICLE 3-INDUSTRlAL ACCI-
DENT BOARD.
Section I. That the Judges con-
stituting the Supreme Court of the
State of Delaware shall, within thirty
days after the approval of this Act
by the Governor. appoint three com.
petent persons to be known as the
Industrial Accident Board which
Board shall have jurisdiction Of all
cases arising under the compensa-
ton schedule OF this Act. Such ap-
pointments shall originally be as fol
lows; One member shall be appointed
for the term of two years, another
for the term of four years. and an.
other for the term of six years
Thereafter. as the terms of office OF
members expire, either by death, re.
signation, removal from the State, ol
otherwise, appointments shall bC
made by said Judges for terms of si1
years each.
Each person appointed under the
provisions Of this section shall hold
office until his successor is appointed
and qualified. Said Judges, by major
ity vote may remove any member oi
said Board with or without cause
Each member before entering upor
the duties of his office, shall take the
constitutional oath required of STATE
officers. Said Board shall provide it.
self with seal for the authenticatioI
of its orders, awards and proceedings
upon which shall be inscribed tn,