Section 24
SEC. 24. Sections forty-three to fifty-five are hereby added to the Act to read as follows: "SEC. 43. Presumption.—In any proceeding for the enforcement of the claim for compensation under this Act, it shall be presumed in the absence of substantial evidence to the contrary— "1. That the claim comes within the provisions of this Act; "2. That sufficient notice thereof was given; "3. That the injury was not occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another; "4. That the injury did not result solely from the intoxication of the injured employee while on duty; and "5. That the contents of verified medical and surgical reports introduced in evidence by claimants for compensation are correct. "SEC. 44. Compensation, how payable.—The compensation herein provided for shall be paid periodically and promptly in like manner as wages, and as it accrues, and directly to the person or persons entitled thereto without the necessity of a formal award by the Commissioner, except in those cases in which the right to compensation is controverted by the employer. If the employer or insurance carrier does not controvert the injured workmen's right to compensation, such employer or insurance carrier shall, either on or before the fourteenth day after disability or within five days after the employer first has knowledge of the accident, begin paying compensation and shall immediately notify the Commissioner in accordance with a form to be prescribed by him, that the payment of compensation has begun, accompanied by the further statement that the employer or insurance carrier, as the case may be, will notify the Commissioner when the payment or compensation has been stopped, and immediately upon the stoppage or suspension or payment of compensation the employer or insurance carrier shall notify the Commissioner of such act on a form to be inscribed by him. After the first payment of compensation has been made, subsequent payments shall be made weekly thereafter; but the Commissioner may determine that any payments may be made monthly or at any other period, as he may deem advisable. "In case the employer decides to controvert the right to compensation, he shall, either on or before the fourteenth day of disability or within ten days after he has knowledge of the alleged accident, file a notice with the Commissioner, on a form prescribed by him, that compensation is not wing paid, giving the name of the claimant, name of the employer, date of the accident and the reason why compensation is not being paid. Failure on the part of the employer or the insurance carrier to comply with this requirement shall constitute a renunciation of his right to controvert the claim unless he submits reasonable ground for the failure to make the necessary reports, on the basis of which grounds the Commissioner may reinstate his right to controvert the claim. "Whenever for any reason compensation payments cease the employer or his insurance carrier shall, within sixteen days thereafter, send to the Commissioner a notice on a form prescribed by the Commissioner that such payment has been stopped. Such notice shall contain the name of the injured employee or his principal dependent, the date of the accident, the date up to which compensation has been paid, and the whole amount of compensation paid. In case the employer or his insurance carrier fails so to notify the Commissioner of the cessation of payments within twelve days after the date on which compensation has been paid, the Commissioner may, after a hearing, fine such employer or his insurance carrier in an amount not exceeding one hundred pesos, which shall be paid into the Workmen's Compensation Administration Fund. Such penalty shall be collected in like manner as an award of compensation. Whenever the Commissioner shall deem it advisable, he may require any employer or insurance carrier to make a deposit with the Commissioner to secure prompt and convenient payment of such compensation, from which deposit may be deducted such fine as shall be imposed by the Commissioner. "All awards of compensation required to be made to minors under this Act shall be paid to or for the benefit of such minors under such rules as may be adopted by the Commissioner. Where such awards exceed four hundred pesos, the Commissioner may, in his discretion, require the appointment of a guardian before making payment. The Commissioner may also require a guardian to submit to him reports on the use of money paid to minors. "SEC. 46. Jurisdiction.—The Workmen's Compensation Commissioner shall have exclusive jurisdiction to hear and decide claims for compensation under the Workmen's Compensation Act, subject to appeal to the Supreme Court, in the same manner and in the same period as provided by law and by Rules of Court for appeal from the Court of Industrial Relations to the Supreme Court. "SEC. 47. General powers and duties.—The Commissioner shall have full power and authority: "(a) To take charge of the administration of the Workmen's Compensation Act. "(b) To hear and determine all claims for compensation under this Act in the manner herein provided; to require and order medical service for injured employees as provided herein; to approve and fix attorney's fees and claims for medical services; to excuse failure to give notice either of injury, sickness or death of an employee; to approve agreements, make, modify or rescind awards, and make findings of fact and rulings of law; to determine the time for payment of compensation and order reimbursements of employers for amounts advanced; to assess penalties, compute awards, and compromise actions for the collection of awards; to require and order physical examinations of injured employees; and to exercise such other powers as may be necessary to carry out the purposes of this Act. For every agreement approved, a fee of one peso for every hundred pesos of the entire amount of compensation to be paid shall be collected from the employer for administration costs: Provided however, That none of these amounts shall be charged against the compensation due the employee. The Commissioner shall have a seal for the authentication of his orders, awards, and proceedings. "(c) To make, amend, and rescind, subject to the approval of the Secretary of Labor, such rules and regulations as may be necessary to carry out the purposes of this Act. "(d) To appoint, employ and maintain, subject to existing civil service rules and regulations, such referees, agents, Physicians, nurses, lawyers, accountants, actuarians, inspectors, and such other technicians and clerical personnel as may be necessary to carry out the purposes of this Act, or to perform the duties and exercise the powers conferred by law upon the Commissioner. "SEC. 48. Referees—Duties and powers.—A referee shall devote his entire time to the duties of his office and shall receive compensation of not less than three thousand six hundred pesos per annum. It shall be the duty of a referee under the rules and regulations of the Commissioner, to hear and determine claims for workmen's compensation to conduct such hearings and investigations and to make such orders, decisions, rules and determinations as may be required by any order of the Commissioner. "SEC. 49. Procedure.—Any dispute or controversy concerning compensation under this Act shall be submitted to the Commissioner as provided herein. "Hearing shall be held by the Commissioner upon his own motion or upon the application of any party interested therein. He shall cause reasonable notice of such hearing to be given to each party interested, in service upon him personally or mailing a copy thereof to him at his last known post office address. Such hearing may be adjourned from time to time in the discretion of the Commissioner and may be heard at such place or places as he shall designate. All parties in interest shall have the right to represent at any hearing in person or by counsel or by any other agent or representative, to present such testimony as may be pertinent to the controversy before the Commissioner and to cross-examine the witnesses against them. The Commissioner may receive as evidence and use as proof of any fact in dispute the following matters, in addition to sworn testimony presented at open hearing: "1. Reports of attending examining physician. "2. Reports of investigators appointed by the Commissioner. "3. Reports of the employer, including copies of time sheets, book accounts or other records. "4. Hospital records in relation to the case. "The Commissioner may also cause an examination to be made of the person of the injured laborer, or without notice take testimony or inspect the premises where the injury occurred. All ex parte evidence received by the Commissioner shall be reduced to writing and any party in interest shall have the opportunity to examine and rebut the same by further evidence. "Hearing arising under this Act may be held before the Commissioner or any of the referees. "Any party in interest who is dissatisfied with the order entered by the referee may petition to review the same and the referee may re-open said case, or may amend or modify said order, and such amended or modified order shall be a final award unless objection be made thereto by petition for review. In case said referee does not amend or modify said order, he shall refer the entire case to the Commissioner, who shall thereupon review the entire record in said case, and, in his discretion, may take or order the taking of additional testimony, and shall make his findings of facts and enter his award thereon. The award of the Commissioner shall be final unless a petition to review same shall be filed by an interested party. Every petition for review shall be in writing and shall specify in detail the particular errors and objections. Such petition must be filed within fifteen days after the entry of any referee's order or award of the Commissioner unless further time is granted by the referee or the Commissioner within said fifteen days. All parties in interest shall be given due notice of the entry of any referee's order or any award of the Commissioner, and said period of fifteen days shall begin to run only after such no¬tice, and the mailing of a copy of said order or award addressed to the last known address of any party in interest shall be sufficient notice. "The Commissioner, or any agent, deputy or referee designated by him shall have power and authority to issue subpoenas, to compel the attendance of witnesses or parties, and the production of books, papers or records, and to administer oaths. "The Commisisoner may, in his discretion, assess the cost of attendance and mileage of witnesses subpoenaed by either party to any proceeding, against the other party to such proceeding, when in his judgment the necessity of subpoenaing such witness arises out of the raising of any incompetent, irrelevant or sham issue by such other party. "A full and complete record shall be kept of all proceed had before the Commissioner, his deputy or any referee on any hearing and all testimony shall be taken down and transcribed by a stenographer appointed by the Commissioner. "A transcribed copy of the evidence and proceedings any specific part thereof, of any investigation or hearing taken by a stenographer appointed by the Commissioner being certified by such stenographer to be a true and correct transcript of the testimony on the investigation or hearing of a particular witness, or of a specific part thereof, carefully compared by him from his original notes, and to be a correct statement of evidence and proceedings had on such investigation or hearing so purporting to be taken and subscribed, may be received as evidence by the Commissioner and by any court with the same effect as if such stenographer were present and testified to the facts so certified. Copy of such transcript shall be furnished on demand to any party upon the payment of fifty centavos per folio to the stenographer so furnishing such transcript. "SEC. 50. Decision.—After the hearing of a case by the Commissioner, his deputy or any of the referees, the same shall be decided according to its merits and the decision be promulgated and signed by the Commissioner or his deputy. Fifteen (15) days after the promulgation of the decision the same shall become final unless previously appealed. "SEC. 51. Enforcement of award.—Any party in interest may file in any court of record in the jurisdiction of which the accident occurred a certified copy of a decision of any referee or the Commissioner, from which no petition for review or appeal has been taken within the time allowed therefor, as the case may be, or a certified copy of a memorandum of agreement duly approved by the Commissioner, whereupon the Court shall render a decree or judgment in accordance therewith and notify the parties thereof. "The decree or judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though the decree or judgment had been rendered in a suit duly heard and tried by the Court, except that there shall be no appeal therefrom. "The Commissioner shall, upon application by the proper party or the Court before which such action is instituted, issue a certification that no petition for review or appeal within the time prescribed by section forty-nine hereof has been taken by the respondent. "SEC. 52. Appropriation.—The sum of two hundred ninety-eight thousand pesos not otherwise appropriated is hereby set aside for the proper enforcement of this Act: Provided, however, That monies paid into the Workmen's Compensation Fund shall be made immediately available to defray the expenses for the enforcement of this Act as provided in section fifty-five thereof. "SEC. 53. Deposits of government entities to guarantee payment of compensation.—The National, provincial and municipal governments, as well as government-owned or controlled corporations employing laborers and employees comprised within the provisions of this Act, shall deposit with the office of the Workmen's Compensation Commissioner an amount to be determined by said Commissioner to guarantee payment of compensation. The said deposits shall be received by the Commissioner and disbursed, thru the authority of the Commissioner or his deputy, as compensation payments to injured laborers of the government entities making the contribution or the laborers dependents in cases of death whenever the said laborers or their dependents are entitled to compensation under the provisions of this Act. "SEC. 54. Contribution of insurance carriers.—The Commissioner shall also be authorized to collect from insurance carriers one per centum of their gross receipts on premiums collected from insurance of workmen's compensation liabilities to cover administration costs: Provided, however, That nothing contained in this Act shall prevent the Government from requiring employees from obtaining insurance policies from the Government for the purposes of this Act. "SEC. 55. Expenses of administration.—There is hereby created a special fund to be known as the Workmen's Compensation Fund, which shall be under the custody and control of the Workmen's Compensation Commissioner, and shall be used exclusively for the payment of the expenses Of the administration of this Act. All monies collected under section forty-four and under paragraph (4) of section forty-seven and under section fifty-six of this Act shall be paid into said fund: Provided, however, That the expenses of the Workmen's Compensation Commission shall be included in the annual budget of the Department of Labor: And provided, further, That the surplus amounts of the Workmen's Compensation Fund shall revert to the general funds of the National Treasury. "For every final decision awarding compensation, the un-insured employer or insurance carrier against whom the decision is made shall pay into the Fund the sum of one peso and an additional charge of one peso for every one hundred pesos of the entire amount of compensation to be paid. ""For every adjourned hearing, and for every decision of a referee affirmed by the Commissioner on review, the un-insured employer or insurance carrier making the request for adjournment or seeking such review shall pay into the Fund the sum of five pesos. "If the monies in the Fund are not sufficient to cover the expenses of administration in any fiscal year, the Commissioner shall determine as soon as possible the amount of the deficiency. The Commissioner shall then assess upon and collect from each insurance carrier and each uninsured employer where capital exceeds ten thousand pesos the proportion of such deficiency that the total compensation or payments made by such uninsured employer or insurance carrier bore to the total compensation or payments made by all uninsured employers and insurance carriers. The amounts so collected shall be used to reimburse the National Treasury for the appropriations therefor made by the Government for the payment in the first instance of the expenses for administering this Act. "There is hereby created a committee composed of Workmen's Compensation Commissioner as chairman two representatives of insurance carriers who shall be appointed by the Secretary of Labor upon recommendation of the uninsured employers and insurance carriers, which shall have the duty of advising the Workmen's Compensation Commissioner in carrying out the purposes of this section."