Section 150-A. Secretary as agent for service of process on non-resident non-insured employers; method and effect of service  


Latest version.
  • Any  non-insured
      employer,  not  a  resident  of  this  state or any resident non-insured
      employer who becomes a non-resident of this state after  the  occurrence
      of  any  injury  to  an  employee,  who  shall  employ or who shall have
      employed any person  who  shall  be  entitled  to  benefits  under  this
      chapter,  shall be deemed, by the accepting of the privilege of engaging
      in work in this state, to make, constitute and appoint the secretary  of
      the  workmen's compensation board as his or its agent for the acceptance
      of process in any proceeding  by  any  such  employee  or  dependent  or
      representative  of  such  employee, under and by virtue of this chapter;
      and the acceptance of such privilege shall be a  signification  of  such
      employer  that  any  such  process issued against him or it, which is so
      served, shall be of the same legal force and validity as if served  upon
      him or it personally within the state.
        Service  of  such  process shall be made by filing a copy of the claim
      for workmen's compensation with the secretary of  the  board,  and  such
      service  shall  be  sufficient  service upon such non-resident employer,
      provided that notice of such filing together with copy of the claim  for
      workmen's  compensation  are  forthwith  sent  by registered mail by the
      secretary of the board to the employer to the  address  stated  in  such
      claim  for  workmen's  compensation  or  the  last  known address of the
      employer.
        A non-resident employer against whom claim for compensation  has  been
      filed  with  the  chairman  under and by virtue of this chapter shall be
      deemed to have consented that the appointment of the  secretary  of  the
      board  as his or its agent for the acceptance of process pursuant to the
      provisions of this section shall be irrevocable  and  binding  upon  his
      executor  or  administrator.  Where  the  non-resident employer has died
      prior to the filing of a  claim  for  workmen's  compensation  with  the
      chairman,   service  of  process  shall  be  made  on  the  executor  or
      administrator of such non-resident employer in the same  manner  and  on
      the  same  notice as is provided in the case of a non-resident employer.
      Where the non-resident employer has died subsequent to  the  service  of
      process  made  in  accordance  with  the provisions of this section, the
      proceedings under and by virtue of this chapter shall  continue  against
      his  executor  or administrator upon such notice as the board shall deem
      proper. The board may order such continuance  as  may  be  necessary  to
      afford the employer a reasonable opportunity to defend the claim.
        This  section  shall  be  construed  to extend the right of service of
      process upon non-residents and shall not be construed  as  limiting  any
      provisions for the service of process now or hereafter existing.