The Laws of Texas, 1913-1914 [Volume 16] Page: 443 of 1,574
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GENERAL LAWS. 433
suspension. Process and procedure shall be as summary as may be
under this Act. The board or any member thereof shall have power to
subpoena witnesses, administer oaths, inquire into matters of fact, and
to examine such parts of the books and records of the parties to a proceeding
as relate to questions in dispute. All rulings or decisions of the
board relating to disputed claims shall be based upon questions of fact,
:and in accord with the provisions of this Act.
SEC. 4-a. No proceedings for compensation for injury under this
Act, shall be maintained unless a notice of the injury shall have been
:given to the association or subscriber, as soon as practicable after the
happening thereof, and unless the claim for compensation with respect to
*such injury shall have been made within six months after the occurrence
"of the same; or, in case of the death of the employee, or in the event of
his physical or mental incapacity, within six months after death or the
removal of such physical or mental incapacity.
SEC. 5. All questions arising under this Act, if not settled by
.agreement of the parties interested therein, shall, except as otherwise
herein provided, be determined by the Industrial Accident Board. Any
interested party who is not willing, and does not consent to abide by the
final ruling and decision of said board on any disputed claim may sue
-on such claim or may require suit to be brought thereon in some court
of competent jurisdiction, and the board shall proceed no further toward
the adjustment of such claim; provided, however, that whenever any such
suit is brought, the rights and liabilities of the parties thereto shall be
determined by the provisions of this Act, and the suit of the injured em-plovee,
or persons suing on account of the death of such employee, shall
be against the Association, if the employer of such injured or deceased
employee is at. the time of such injury or death a subscriber, as defined
sin this Act, in which case the recovery shall not exceed the maximum
.compensation allowed under the provisions of this Act, and the court
'shall determine the issues in such cause instead of said board.
SEC. 6. If a subscriber enters into a contract, written or oral,
with an independent contractor to do such subscriber's work, or if a con-tractor
enters into a contract with a sub-contractor to do all or any part
of the work comprised in such contract with the subscriber, and the association
would, if such work was executed by employees immediately
'employed by the subscriber, be liable to pay compensation under this Act
-to such employes, the Association shall pay to such employees any compensation
which would be payable to them under this Act if the independent
or sub-contractors were subscribers. The Associations shall, however,
be entitled to recover indemnity from any other persons who would have
'been liable to such employees independently of this Section, and if the
Association has paid compensation under the terms of this Section, it may
enforce in the name of the employees, or in its own name and for its own
'benefit the liability of such other persons. This Section shall not apply
-to independent or sub-contractors on any contract which is merely auxiliary
and incidental to, and is no part of or process in, the trade or busi-ness
carried on by the subscriber.
SEC. 7. Every employer shall hereafter keep a record of all injuries,
fatal or otherwise, received by his employees in the course of their
28-Laws
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1913-1914 [Volume 16], book, 1914; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth10838/m1/443/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .