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Code · STATUTE-COMPILATIONS · Occupational Safety and Health Act of 1970 · Sec. 27

Sec. 27. national commission on state workmen's compensation laws

1,121 words·~5 min read·/statute-compilations/comps-1523/sec-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## Sec. 27 national commission on state workmen's compensation laws ###
(a)####
(1)The Congress hereby finds and declares that— #####
(A)the vast majority of American workers, and their families, are dependent on workmen's compensation for their basic economic security in the event such workers suffer disabling injury or death in the course of their employment; and that the full protection of American workers from job-related injury or death requires an adequate, prompt, and equitable system of workmen's compensation as well as an effective program of occupational health and safety regulation; and #####
(B)in recent years serious questions have been raised concerning the fairness and adequacy of present workmen's compensation laws in the light of the growth of the economy, the changing nature of the labor force, increases in medical knowledge, changes in the hazards associated with various types of employment, new technology creating new risks to health and safety, and increases in the general level of wages and the cost of living. ####
(2)The purposes of this section is to authorize an effective study and objective evaluation of State workmen's compensation laws in order to determine if such laws provide an adequate, prompt, and equitable system of compensation for injury or death arising out of or in the course of employment. ###
(b)There is hereby established a National Commission on State Workmen's Compensation Laws. ###
(c)####
(1)The Workmen's Compensation Commission shall be composed of fifteen members to be appointed by the President from among members of State Workmen's compensation boards, representatives of insurance carriers, business, labor, members of the medical profession having experience in industrial medicine or in workmen's compensation cases, educators having a special expertise in the field of workmen's compensation, and representatives of the general public. The Secretary, the Secretary of Commerce, and the Secretary of Health, Education, and Welfare shall be ex officio members of the Workmen's Compensation Commission: ####
(2)Any vacancy in the Workmen's Compensation Commission shall not affect its powers. ####
(3)The President shall designate one of the members to serve as Chairman and one to serve as Vice Chairman of the Workmen's Compensation Commission. ####
(4)Eight members of the Workmen's Compensation Commission shall constitute a quroum. ###
(d)####
(1)The Workmen's Compensation Commission shall undertake a comprehensive study and evaluation of State Workmen's compensation laws in order to determine if such laws provide an adequate, prompt, and equitable system of compensation. Such study and evaluation shall include, without being limited to, the following subjects:
(A)the amount and duration of permanent and temporary disability benefits and the criteria for determining the maximum, limitations thereon,
(B)the amount and duration of medical benefits and provisions insuring adequate medical care and free choice of physician,
(C)the extent of coverage of workers, including exemptions based on numbers or type of employment,
(D)standards for determining which injuries or diseases should be deemed compensable,
(E)rehabilitation,
(F)coverage under second or subsequent injury funds,
(G)time limits on filing claims,
(H)waiting periods,
(I)compulsory or elective coverage,
(J)administration,
(K)legal expenses,
(L)the feasibility and desirability of a uniform system of reporting information concerning job-related injuries and diseases and the operation of workmen's compensation laws,
(M)the resolution of conflict of laws, extraterritoriality and similar problems arising from claims with multistate aspects,
(N)the extent to which private insurance carriers are excluded from supplying workmen's compensation coverage and the desirability of such exclusionary practices, to the extent they are found to exist,
(O)the relationship, between workmen's compensation on the one hand, and old-age, disability, and survivors insurance and other types of insurance, public or private, on the other hand,
(P)methods of implementing the recommendations of the Commission. ####
(2)The Workmen's Compensation Commission shall transmit to the President and to the Congress not later than July 31, 1972, a final report containing a detailed statement to the findings and conclusions of the Commission, together with such recommendations as it deems advisable. ###
(e)####
(1)The Workmen's Compensation Commission or, on the authorization of the Workmen's Compensation Commission, any subcommittee or members thereof, may, for the purpose of carrying out the provisions of this title, hold such hearings, take such testimony, and sit and act at such times and places as the Workmen's Compensation Commission deems advisable. Any member authorized by the Workmen's Compensation Commission may administer oaths or affirmations to witnesses appearing before the Workmen's Compensation Commission or any subcommittee or members thereof. ####
(2)Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Workmen's Compensation Commission, upon request made by the Chairman or Vice Chairman, such information as the Workmen's Compensation Commission deems necessary to carry out its function under this section. ###
(f)Subject to such rules and regulations as may be adopted by the Workmen's Compensation Commission, the Chairman shall have the power to— ####
(1)appoint and fix the compensation of an executive director, and such additional staff personnel as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS–18 of the General Schedule under section 5332 of such title, and ####
(2)procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code. ###
(g)The Workmen's Compensation Commission is authorized to enter into contracts with Federal or State agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. ###
(h)Members of the Workmen's Compensation Commission shall receive compensation for each day they are engaged in the performance of their duties as members of the Workmen's Compensation Commission at the daily rate prescribed for GS–18 under section 5332 of title 5, United States Code, and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Workmen's Compensation Commission. ###
(i)There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. ###
(j)On the ninetieth day after the date of submission of its final report to the President, the Workmen's Compensation Commission shall cease to exist. **[**[29 U.S.C. 676](/us/usc/t29/s676)**]** Enacted December 29, 1970, P.L. 91–596, sec. 27, 84 Stat. 1616.
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Sec. 27
national commission on state workmen's compensation laws
Stat.84 Stat. 1616
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