The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-07-23

THE BIRMINGHAM AZ
Provision is made for an increase in this
schedule as follows Wherever there is
provision for so per centum, such per
centum shall be increased five per centum
for each totally dependent child of en-
ploye under the age of is years at the
time of the injury to the employee, until
such per centum shall reach maximum
of 60 per centum.
In case of an employee with one totally
dependt child under the age or IL
years the weekly maximum is increased
to s13 per week; with two totally DEEPEN
dent children to S14 a week, and with
three or more totally dependent children
to SIS per week.
Elm case of death a graduated scale,
dependent upon the number of dependents,
is provided for. The final maximum is &c
per centum of weekly earnings, SIS week
ly maximum, and IS MINIMUM, and 5000
total maximum.
Who are dependents? Conclusive pre-
sumption of dependency is established iii
case of a wife living with her husband,
and at the time depends upon her hus-
band for support and dependent children.
Dependents otherwise limited TO certain
relations wholly or partially supported by
the deceased, and in accordance with the
amount contributed by the deceased. to
them out of his income while living.
Compensation ceases upon death or mar
riage of dependent. No dependent shall
receive in compensation more than the
proportion of which the amount they re-
ceived of the deceased employees income
during his life bears to the compensation
more than the proportion of which the
amount they teceived of the deceased en-
ploye's income during his life bears to
the compensation provided by this act.
SETTLEMENT OF CLAIM
Settlement of claim and disputes-set-
Elements may be made between the par
tieS provided the amount paid in settle
ment is substantially the same as pro-
Vlaed Tor in the act unless judge, on a
nearing, determines that il is for the
best interests of the injured ernploye to
accept less. Settlements, when approved
by the court, have the force and effect
Of judgments.
Procedure in case of disputes. Either
party may present to the circuit. court
verified complaint; case set for hearing
within 80 days: court at all times oper
Tor hearing of such cases. Awards and
judgments made in the court without d
jury, except in cases defended on ground
of wilful misconduct, when a Jury NAV be
demanded by either party. Appeal by
certiorari to the supreme court or court
of appeal is allowed.
ADVERSE clalmant.-If there are advers =
claimants to the compensation. and DIFF
ferent parties claiming to be dependents
provisions is made for an inter-pleader.
Commute tion-Periodical PAYMENTS NAV
be commuted at sum equal to the pres
ent worth of future installments. discount
ted at per cent, if approved by the court
: Modification of periodical payments
Amounts payable periodically may be-
modified:
Alt any time. by agreement of tho
parties, approved by the court.
BLY, the court upon application OF
either party
Employer may, by leave of court, pay
rewards to any savings bank, trust COM
pany or national bank doing business in
the state, and be discharged
Preference-Awards made to employees
have the same preference as given by law
to unpaid wages.
If default is made in an installment
employe has the right to have periodical:
payments committed to a lump sum, upon
which execution may ISSUE unless EN-
ployer gives bond for payment
Assignment and exemption-The assign
ment by the injured employee of claims
FOR compensation, awards or judgments
is prohibited, and cannot be by law
waived. They are also exempt from seiz-
ure sale or punishment
Penalties are provided preventing the
giving of power of attorneys to any one
other than beneficaries who have
monied interest in the collection.
INSURANCE OPTIONAL
1nsurance.-Insurance is optional, anG
may be had either in stock or mutual
companies, may be provided for by 2
combination of employees, or Of employ
ers and employees, where the plan has
been approved by the insurance commits
sioner of the state of Alabama. Provi-
sion is made for the filing of rates with
the insurance commissioner and he is
given power to see that the rates are not
excessive, or discriminatory or unreason-
able. All schedules must he flied with and
approved by the insurance commissioner
Those writing insurance must qualify
under the laws of Alabama. Where thera
is fulfill leverage, the employer may,
by posting notice. require suits to De
brought against the insurance company.
Attorneys fees.-Employment of at
torneys must be approved by the court.
Amount paid them out of the compensa
tion allowed cannot exceed 10 per cent.
Penalties.--It is misdemeanor for one
to knowingly accept compensation when
the right for compensation has ceased.
or for one to knowingly present a false
claim for compensation, or for one to
wilfully fail to make a report required by
the act or for one to knowingly take by
assignment compensation awarded to the
employe, or for an attorney to soliitc en-
ploye or for an attorney to solicit en-
ployment or employ another to solicit en-
ployment to him or for one other tnan
an attorney to represent claim fo-
compensation, or for any one, by fraudu-
lent representation to obtain settlement
from an employee, or for a physician
to knowingly make a false certificate. 1t
is a felony for any one to swear falsely
in reference to any material matter, or
in reference to material fact required
under the terms of the act to be furnished
by affidavit
tatistics.-Reports are required to be
made to the director of the department
of archives and history of the state OF
Alabama. who is eX-officio made the
compensation commissioner of the state
of Alabama as to certificates made by
EMPLOYERS in accidents where claims Tor
compensation are made, or where COM
pensation is paid by clerks of the courts,
where judgments or awards are made.
From these reports the compensation
commissioner is required to prepare for
s,f1 fteff nnI lat 1nd