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

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