Evening journal., 1913-02-06

hio htpSHuchlo III luc Case VI HIS
DEATH fail to reach any agreement in
regard to compensation under this
article, either party may notify the
Industrial Accident Board, which
board shall thereupon, after notice Of
the time and place OF hearing. served
on all parties in interest. hear and
determine the matter in accordance
with the facts and with the provisions
of this article
In any case, where the parties have
agreed upon compensation to be
paid, but the board has refused to
ratify such agreement, the board may
Of it's own motion, cause a hearing to
be had and determination made in the
same manner as is provided in the
preceding clause of this section.
The board shall make such inquiries
and Investigations as il shall deem
necessary. The hearings of the board
shall be held at the locality where the
injury occurred, and the decision Of
the board shall be in writing and shall
be filed among its records and copy
thereof served on each of the parties.
Unless the petition referred to in this
next section is filed within ten days
after said copy of said decision is
served as aforesaid, such award shall
be final
Section H. In all cases of dispute,
where the interested parties shall
have failed to reach an agreement
which shall have been approved by
the Industrial Accident Board. or
where any party in interest shall be
dissatisfied with the award or deter
mination of such Board, either party
may. unless such agreement or award
shall have become final as above pro-
vided, present a petition to the Su-
perior Court of the State of Delaware
for the County within which the in
jury was sustained, setting forth the
names and residences of the parties
and the facts relating to employment
at the time of the accident, the extent
and character of the injury,the amount
of wages received at the time of the
accident, the knowledge of the en-
ployer or notice of the occurrence of
the injury, and such other facts as
may be necessary and proper for thC
( information of the said Court, and
shall state the matter or matters in
dispute and the contention of the Pc
titioner with reference thereto. This
petition shall be verified by the oath
or affirmation of the petitioner; pro-
vided. however. that no petition shall
be filed with the Court until after an
award shall have been made by the In
dusirial Accident Board.
J Upon the presentation of such pc
/ tition the same shall be filed with the
! Prothonotary of said Court and he
! shall not require any deposit or Sc
curity to cover the costs incident to
| the fling of such petition. The Court
shall fix a time and place for the
hearing thereof at the pending or
next Term thereof after the date OF
/ the fling of said petition. A copy of
/ said petition and the order of the
Court with reference thereto, shall be
/ served upon the adverse party as a
] summons inA civil action may be
/ served. Within seven days after the
service of such notice (unless the
/ time be extended by the Court for
cause shown, the adverse party shall
! file an answer to said petition. which
shall admit or deny the substantial
averments thereof. and shall stats
the contention of the answer ng party
with reference to the matters in dis-
pute.
The answer shall be verified in like
manner as the petition. If no answer
be filed as aforesaid. evidence shall
be offered at the hearing by the petit
toner only. The Court shall in every
case have authority to allow amend
ments of the petition or answer, and
to suspend the proceedings during
the refusal of the employe to sub
NIT to examination as in this Act
provided.
AT the time fixed for hearing or any
adjournment thereof, the said Court
lshall hear the witnesses, and in a
summary manner decide the merits OF
the controversy. This decision, call
ed an award, shall be in writing
shall contain a brief statement OF
the facts as determined by said Court
and shall be filed with the Prothono.
tary of said Court and such Pro
thonotary shall file a certified copy
thereof with the Industrial Accident
Board. Costs may be awarded by said
Court in its discretion. and when sc
awarded, the same costs shall be al.
lowed, taxed and collected as are al.
lowed, taxed and collected for like
services in the same Court. After
petition filed. the Court may. in its
discretion, appoint one or more i'm.
partial physicians or surgeons tC
examine the injuries of the claimant
and to report thereon to the Court
Said Court shall have power to fix the
compensation of such physicians OF
surgeons. and to tax the same as Z
part of the costs of the proceedings
Such report shall not be conclusive
of the facts therein stated but shall
be advisory only. Upon such petition
jury trials may be had on the applica
ton of either party. under such rules
as the Court shall adopt Appeals
and writs of error may be taken az
in other cases and it shall be com
petent for the Superior Court or thu
Supreme Court to require by GER
tiorari or otherwise, any case to bI
certified to il for review and deter
mination. Cases arising under thii
, Article shall have precedence in al
Courts over all other civil business.
, Section 15. The compensation con
templated by this Article may be com
muted by said Industrial Acciden
Board at its present value when dis
counted at six per cent interest. will
annual rests, disregarding Except il
committing payments due unde
clause (a) section of this Article
! the probability of the beneficiary
death, upon application OF eithe
party, with due notice to the other
If il appear that such Communication
will be for the best interest of tn
employe or the dependents of tn
deceased employe. or that it vii