the state to the total regular compensation from all sources. Regular seasonal employees shall not be regarded as temporary.

§ 4. The additional compensation hereby provided for shall not be paid to any permanent or seasonal employee who shall enter the service after the enactment of this act.

§ 5. If the rate of compensation of any person shall be increased on or after July first, nineteen hundred and nineteen, either by increase in the salary of the position or by promotion or transfer, out of any moneys other than those appropriated by this act, to the extent of the additional compensation herein provided for, no additional compensation shall be paid to that person out of the moneys hereby appropriated, and if any such rate of compensation shall be so increased to the extent of less than the additional compensation herein provided for, the moneys hereby appropriated shall be available only to pay the difference between such increase and the additional compensation herein provided for.

§ 6. Where any salary or compensation is fixed by statute with the provision for periodical increases, the additional compensation herein provided for shall be computed upon that salary or compensation as fixed from time to time under such statute without regard to the rate of such salary or compensation on June thirtieth, nineteen hundred and nineteen. But if the statute so fixing compensations be amended to increase the salary of any position beyond that payable in the fiscal year ending June thirtieth, nineteen hundred and nineteen, to the extent of the additional compensation herein provided for, no additional compensation shall be paid hereunder. If any such salary shall be so increased by less than the additional compensation herein provided for, only such proportion of such additional compensation shall be allowed as will make the total compensation equal to the compensation payable in the fiscal year ending June thirtieth, nineteen hundred and nineteen, plus the additional compensation herein provided for.

§ 7. As to those officers and employees receiving maintenance, no additional compensation shall be allowed or paid under this act to those receiving a total of money compensation and maintenance equaling or exceeding the limitations provided by this act. If such total be less than such limitation the additional compensation to be allowed and paid under this act shall be computed on the salary compensation only and not on the total of salary compensation and maintenance or commutation.

§ 8. Regular officers and employees whose compensation is computed on the basis of hour, or day rates, shall be entitled to receive additional compensation at the rate specified herein when the fixed rate of compensation for the regular working hours of a day is less than five dollars; and when such additional compensation would bring the total to more than five dollars per diem, only such proportion thereof shall be allowed as will bring the total up to five dollars per diem.

§ 9. This act shall not apply to any new position created on or after July first, nineteen hundred and nineteen; but a position shall not be deemed new within the meaning of this section, if it supersedes a former position, in existence on June thirtieth, nineteen hundred and nineteen, and is merely a substituted position, of the same general character as the former position, under another name or description.

§ 10. Chapter five hundred and fifty-six of the laws of nineteen hundred

and eighteen, entitled "An act to provide for increased compensation to civilian employees of the state of New York during the existing war for civilization, and making an appropriation therefor," is hereby repealed.

§ 11. The sum of four hundred and twenty-nine thousand dollars ($429,000), being the unexpended balance of money appropriated by chapter five hundred and fifty-six of the laws of nineteen hundred and eighteen, is hereby reappropriated and the additional sum of two hundred and seventy-five thousand dollars ($275,000) is hereby appropriated for the purposes of this act, payable by the treasurer on the warrant of the comptroller in the manner provided by law for the payment of moneys appropriated for the compensation of the state officers and employees to which this act is applicable.

§ 12. This act shall take effect July first, nineteen hundred and nineteen. Approved May 13.

Chapter 603.

An Act to amend chapter five hundred and fifty-six of the laws of nineteen hundred and eighteen, entitled "An act to provide for increased compensation to civilian employees of the state of New York during the existing war for civilization, and making an appropriation therefor.”

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one of chapter five hundred and fifty-six of the laws of nineteen hundred and eighteen, entitled "An act to provide for increased compensation to civilian employees of the state of New York during the existing war for civilization, and making an appropriation therefor," is hereby amended to read as follows:

§ 1. During the continuance of the existing war with the German empire and its allies and for the balance of the fiscal year in which peace shall be declared, there shall be paid to all persons employed by the state of New York as civilian employees increased compensation at the rate of ten per centum per annum to such employees who receive salaries or wages from the state of New York at a rate per annum of less than one thousand five hundred dollars.

§ 2. This act shall take effect immediately. Approved May 13.

Chapter 629.

An Act to amend the workmen's compensation law, in relation to agreements for compensation, providing for hearings thereon by the commission, and making appropriation therefor.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section twenty of chapter eight hundred and sixteen of the laws of nineteen hundred and thirteen, entitled "An act in relation to assuring compensation for injuries or death of certain employees in the course of their employment and repealing certain sections of the labor law relating thereto, constituting chapter sixty-seven of the consolidated laws," as re-enacted by chapter forty-one of the laws of nineteen hundred and fourteen and last

amended by chapter seven hundred and five of the laws of nineteen hundred and seventeen, is hereby amended to read as follows:

§ 20. Determination of claims for compensation. At any time after the expiration of the first fourteen days of disability on the part of an injured employee, or at any time after his death, a claim for compensation may be presented to the [employer and if rejected or if within ten days after presentation, a report containing an agreement for compensation be not made and filed with the commission as provided by this section, the claim may be presented to the] employer or to the commission. The commission shall have full power and authority to determine all questions in relation to the payment of claims presented to it for compensation under the provisions of this chapter. The commission shall make or cause to be made such investigation as it deems necessary, and upon application of either party, shall order a hearing, and within thirty days after a claim for compensation is submitted under this section, or such hearing closed, shall make or deny an award, determining such claim for compensation, and file the same in the office of the commision. [The commission may before making an award, require the claimant to appear before an arbitration committee appointed by it and consisting of one representative of employees, one representative of employers, and either a member of the commission or a person specially deputized by the commission to act as chairman, before which the evidence in regard to the claim shall be adduced and by which it shall be considered and reported upon.] Immediately after such filing the commission shall send to the parties a copy of the decision. Upon a hearing pursuant to this section either party may present evidence and be represented by counsel. The decision of the commission shall be final as to all questions of fact, and, except as provided in section twenty-three, as to all questions of law. When [a claim is presented to an employer, and] the employer and employee, or in case of death, his principal dependent, enter into an agreement for the payment of compensation therefor pursuant to this chapter, a joint report of such claim containing such agreement shall be made to the commission within ten days after the agreement is made and upon a form prepared by it and signed by the employer and employee, or in case of death his principal dependent. [The commission shall examine such report and approve the same when the terms are strictly in accordance with this chapter and such approval shall constitute an award.]

The commission shall, in every case in which an agreement has been entered into for the payment of compensation or death benefits, notify the beneficiary or beneficiaries and the employer and insurance carrier to be present at a hearing for the purpose of determining whether or not the terms of agreement are strictly in accordance with the facts and the provisions of the law; and if they are found to be so, then the commission shall approve the agreement which approval shall constitute an award. Such hearing shall be held immediately after the employer or insurance carrier has notified the commission that it has made its last regular payment under the terms of the agreement and in no event later than sixty days after the joint report of agreement is filed with the commission. The employer shall upon the making of its last regular payment under the terms of the agreement give notice in writing to the commission upon a form prescribed by the commission

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. Such notice may be given for the employer by the insurance carrier, but the insurance carrier shall not be released from any liability hereunder for failure of the employer to give such notice. In case the employer or insurance carrier fails so to notify the commission of the cessation of payments within sixteen days after the date to which compensation 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. However, the commission may make an award in the manner provided in this section in any case, and if the terms of the award vary from the joint report, the employer shall comply with the award. [In case of unfair dealing or of bad faith on the part of the employer under this section, the commission may impose a penalty of not more than ten per centum of the award.]

§ 2. Section twenty-a of such chapter, as added by chapter one hundred and sixty-eight of the laws of nineteen hundred and fifteen, is hereby amended to read as follows:

§ 20-a. Payment of moneys in advance of award by commission. [Any employer shall upon the making of the agreement provided for in section twenty advance to any injured employee or to the principal dependent of a deceased employee, the payment or payments provided for in the agreement, 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 and the sum stated on its face shall be returned to said employer as provided in section twenty-five.] Any employer or his insurance carrier shall upon the making of the agreement provided in section twenty pay to any injured employee or to the principal dependent of a deceased employee the compensation provided for in the agreement which shall not be less in the aggregate than the amount legally due at that time, in return for which he shall receive a receipt on a form prescribed by the commission and signed by the person receiving the money, which receipt shall specifically state in what capacity the signer acted when so receiving such money and which receipt shall be forwarded to the commission within fortyeight hours after the date of its issuance. The employer or his insurance carrier shall then continue to make payments of compensation according to the terms of the agreement and at regular intervals of not more 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 commision 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.

[Prior to the making of said agreement or in the event of no agreement, any] 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 herein before 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 [by the employer,] 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. [The state fund or insurance corporation in which an employer is insured shall, within ten days after demand by such employer and on the presentation of evidence of payment of compensation in accordance with this chapter, reimburse the employer therefor.] If the employer has made advance payments of compensation as prorided 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