ing, and thereafter, without further act on his part, for successive terms of one year each, beginning July first of each year, unless such employer shall, at least thirty days prior to the first day of July of any year, file in the office of said commission a notice in writing to the effect that he desires to withdraw his election to be subject to the provisions of sections 2394-3 to 2394-31, inclusive.

2. If any employer shall at any time after August 31, 1917, have three or more employes in a common employment he shall be subject to the provisions of sections 2394-3 to 2394-31, inclusive.

2. If an employer shall at any time after August 31, 1917, have three or more employes in a common employment he shall be deemed to have elected to accept the provisions of sections 2394-3 to 2394-31, inclusive, unless prior to that date such employer shall have filed with the industrial commission a notice in writing to the effect that he elects not to accept the provisions hereof. Provided, that any employer commencing business subsequent to August 31, 1917 may make his election not to become subject to sections 2394-3 to 2394-31, inclusive, at any time prior to becoming an employer of three or more employes in a common employment. Such employer may withdraw from the provisions of sections 2394-3 to 2394-31, inclusive, in the manner provided in subsection 1 of section 2394-5. The provisions of this subsection shall not apply to farmers or to farm labor.

Contractors and Subcontractors. Section 2394-6. An employer subject to the provisions of sections 2394-3 to 2394-31, inclusive, shall be liable for compensation to an employe of a contractor or subcontractor under him who is not subject to sections 2394-3 to 2394-31, inclusive, or who has not complied with the conditions of subsection 2 of section 2394-24 in any case where such employer would have been liable for compensation if such employe had been working directly for such employer. The contractor or subcontractor shall also be liable for such compensation, but the employe shall not recover compensation for the same injury from more than one party. The employer who shall become liable for and pay such compensation may recover the same from such contractor or subcontractor for whom the employe was working at the time of the accident. Section 2394-6 shall be in force as to all contracts made subsequent to August 31, 1913.

Employe Defined. Section 2394-7. The term "employe" as used in sections 2394-1 to 2394-31, inclusive, shall be construed to mean:

(1) Every person in the service of the state, or of any county, city, town, village, or school district therein under any appointment, or contract of hire, express or implied, oral or written. except any official of the state, or of any county, city, town, village, or school district therein. No officer of the state who is subject to

7 An employer who has elected to operate under the compensation act, either by written or automatic election, remains subject to its provisions even if he thereafter employs less than three employes, until he withdraws from the act in the manner provided in sub-section 1 of this section.

8 The operator of a threshing outfit, silo filler, or wood sawing machine who goes about from farm to farm performing service for farmers is not engaged in farming, but is pursuing an independent industry. If at any time since Sept. 1, 1917, such operator has employed three or more persons at the work without previously filing a nonelection with the commission, he is subject to the provisions of the compensation act and must insure his liability. Opinion of Attorney General, July 31, 1919.

the direction and control of any superior officer or officers of the state, and except as provided in subdivision, (2) no officer of any county, city, town, village, or school district in the state, who is subject to the direction and control of a superior officer or officers of such county, city, town, village or school district, while engaged in the performance of duties for which no remuneration is received from any other source than the state, or from such county, city, town, v llage, or school district, shall for the purpose of sections 2394-3 to 2394-31, inclusive be deemed an official. The state and any county or municipality may require a bond from a contractor to protect the state, county or municipality against compensation to employes of such contractor or employes of a subcontractor under him.

(2) Sheriff's, deputy sheriffs, constables, marshals, policemen and firemen shall be deemed employes within the meaning of subdivision (1) of section 2394-7; provided, that any policeman or fireman claiming compensation under sections 2394-3 to 2394-31, inclusive, shall have deducted from such compensation any sum which such policeman or fireman may receive from any pension or other benefit fund to which the municipality may contribute; provided further that any peace officer other than sheriffs, deputy sheriffs, constables, marshals and policemen shall be considered an employe while engaged in the enforcement of peace or in and about the pursuit and capture of those charged with crime.

(3) Nothing herein contained shall be construed to prevent munipalities from paying policemen, firemen and other employes full salaries during disability, nor to interfere in any manner with any pension funds now or hereafter established, nor to prevent payment to policemen or firemen therefrom.

(4) Every person in the service of another under any contract of hire, express or implied, oral or written, including aliens, all helpers and assistants of employes, whether paid by the employers or employe, if employed with the knowledge, actual or constructive, of the employer, and also including minors of permit age or over" (who, for the purposes of section 2394-8, shall be considered the same and shall have the same power of contracting as adult employes), but not including any person whose employment is not in the usual1 course of the trade, business, profession, or occupation of his employer.

11. Election by Employe. Section 2394-8. Any employe, except policemen and firemen" as defined in subdivision (1) of section 2394-7 shall be subject to the provisions of sections 2394--3 to 2394-31, inclusive. Policemen and firemen and any employe as defined in subdivision (4) of section 2394-7 shall be deemed to have accepted and shall, within the meaning of section

This provision shall be read in conjunction with subsection (7) of section 2394-9, giving treble compensation in cases in which minors of permit age are injured while working without a permit.

10 Usual Course of Trade. "Usual" as here used has been interpreted to modify course and not to modify trade, business, profession or occupation. Any person in the service of another, doing work in the employer's trade, business, profession or occupation, is covered by the law providing such work is in the usual course of the trade, business, profession or occupation.

11 The Wisconsin compensation law is an elective act as to all private employers and their employes. As for the state, its subdivisions, and the employes of each, the law is compulsory; but as applied to policemen and firemen the act is elective, not compulsory.

-3 to 2394-3, be subject to the provisions of sections 23942394-31, inclusive, if, at the time of the accident upon which liability is claimed:

(1) The employer charged with such liability is subject to the provisions of sections 2394-3 to 2394-31, inclusive, whether the employe has actual notice thereof or not; and

(2) Such employe shall not, have given to his employer notice in writing that he elects not to be subject to the provisions of sections 2394-3 to 2394-31, inclusive12. The employer shall immediately file with the industrial commission a copy of any such notice received.

(3) Any employe who has heretofore given or may hereafter give notice to his employer that he elects not to be subject to the provisions of sections 2394-3 to 2394-31, inclusive, may elect to become subject to the provisions of sections 2394-3 to 2394-31, inclusive, by giving to his employer notice in writing. The employer shall immediately file with the industrial commission a copy of any such notice received.

Common Carrier (4) The provisions of sections 2394-3 to 2394-31, inclusive, shall not apply to employes operating, running or riding upon, or switching freight or other trains, engines or cars for a railroad company operating a steam railroad as a common carrier, unless both employer and employe shall specifically, in writing, have voluntarily accepted the provisions of said sections, and have filed notice thereof with the industrial commission, and shall not apply to employes of such common carriers injured or killed while the common carrier and the employe are engaged in interstate commerce.

Scale of Compensation. Section 2394-9. Where liability for compensation under sections 2394-3 to 2394-31, inclusive, exists, the same shall be as provided in the following schedule:

Medical attendance. (1) Such medical, surgical and hospital treatment, medicines, medical and surgical supplies, crutches, and apparatus or, at the option of the employe, if the employer has not filed notice as hereinafter provided, Christian Science treatment in lieu of medical treatment, medicines and medical supplies as may be reasonably required for ninety days immediately following the accident, to cure and relieve from the effects of the injury, and for such additional period of time as in the judgment of the commission will tend to lessen the period of compensation disability, or in the case of permanent total disability for such period of time as the commission may deem advisable, and in addition thereto, such artificial members as may be reasonably necessary at the end of the healing period, the same to be provided by the employer," and in case of his neglect or refusal seasonably to do so, the employer to be liable for the reasonable expenses incurred by or on behalf of the employe in providing the same. Where the employer has knowledge of the injury and the necessity for treatment, his failure to tender the same shall constitute such neglect or refusal. Artificial members furnished at the end of the healing period need not

12 An employe becomes subject to the compensation act concurrently with his employer, unless he otherwise elects in writing.

13 What is reasonably required is always a question of fact. As the employer engages the physician he will usually be guided by the physician's advice in this regard. 14 Where the employer provides a doctor who is competent, and the employe refuses to accept him the employer is relieved from obligation to pay the doctor bill.

be duplicated. No compensation shall be payable for the death or disability of an employe, if his death be caused by or insofar as his disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent and reasonable surgical treatment. Any employer may elect not to be subject to the provision for Christian Science treatment provided for in this subsection by filing written notice of such election with the industrial commission.

Weekly Indemnity (2) If the accident causes disability, an indemnity which shall be payable as wages on the eighth day after the injured employe leaves work as the result of the injury, and weekly thereafter which weekly indemnity shall be as follows:

(a) If the accident causes total disability, sixty-five per cent of the average weekly earnings during the period of such total disability.

(b) If the accident causes partial disability, sixty-five per cent of the weekly loss in wages during the period of such partial disability.

(c) If the disability caused by the accident is at times total and at times partial, the weekly indemnity during the periods of each such total or partial disability shall be in accordance with said subdivisions (a) and (b), respectively.

Indemnity Limitations

(d) Said subdivisions (a), (b) and (c)

shall be subject to the following limitations:

In case of temporary or partial disability aggregate indemnity for injury to an employe caused by a single accident shall not exceed four times the average annual earnings of such employe, except a larger recovery results under the provisions of subsection (5) or (6) of this section. In case of permanent total disability aggregate indemnity for injury to an employe caused by a single accident shall be weekly indemnity for the period that he may live, not to exceed, however, these named limitations, to-wit:

Fifteen years for all persons under thirty-two years of age;

For each successive yearly age group, beginning with thirty-two years, the maximum limitation shall be reduced by three months, until a minimum limit of nine years shall be reached.

No lump sum settlement shall be allowed in any case of permanent total disability upon an estimated life expectancy, except upon consent of all parties, after hearing and finding by the commission that the interests of the injured employe will be conserved thereby.

Definition of Total Disability. Total blindness of both eyes, or the loss of both arms at or near the shoulder, or both legs at or near the hip, or of one arm at the shoulder, and one leg at the hip, shall constitute permanent total disability. This enumeration shall not be exclusive but in other cases the commission shall find the facts.

15 Indemnity, or compensation, is not payable for the first week of disability unless disability exists beyond the twenty-ninth day after the injury. Where the injury is serious, compensation should be made on the eighth day after the injury and weekly thereafter until disability ceases. If the injury does not appear to be serious compensation need not be paid until the fifteenth day after the injury and weekly thereafter until disability ceases, but if the injury exists beyond the twentyeighth day, compensation for the first week should be included in the payment on the twenty-ninth day after the injury.

Fifteen Year Limitation. The aggregate disability period shall not, in any event, extend beyond fifteen years from the date of the accident.

Waiting Period1o. The weekly indemnity due on the eighth day after the employe leaves work as a result of the injury may be withheld until the twenty-ninth day after he so leaves work; if recovery from the disability shall then have occurred, such first weekly indemnity shall not be recoverable; if the disability still continues, it shall be added to the weekly indemnity due on said twenty-ninth day and be paid therewith.

If the period of disability does not last more than one week from the day the employe leaves work as a result of the injury, no indemnity whatever shall be recoverable.

Death Benefit (3) Where death proximately" results from the injury and the diseased leaves a person or persons wholly dependent upon him for support, the death benefit shall be:

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(a) A sum equal to four times his average annual earnings, but which, when added to the disability indemnity paid and due at the time of death, shall not exceed six times his average annual earnings. (4) If death occurs to an injured employe other than as proximate result of the accident before disability indemnity ceases, death benefit shall be as follows:

(a) Where the accident proximately causes permanent total disability, it shall be the same as if the accident had caused death.

(b) Where the accident proximately causes permanent partial disability, liability shall exist for such benefit as shall fairly represent the proportionate extent of the impairment of earning capacity in the employment in which the deceased was working at the time of the accident or other suitable employment, caused by such disability.

(c) In case the deceased employe leaves no one wholly dependent upon him for support, but one or more persons partially dependent therefor, the death benefit shall not exceed four times the amount devoted by deceased, during the year immediately preceding his death, to the support of such dependents and shall be apportioned according to the percentage that the amount devoted by the deceased to the support of such person or persons, for the year immediately prior to the accident, bears to the average annual earnings of the deceased. Where, by reason of minority, sickness, or other causes

16 The "waiting period" is the seven days or calendar week immediately following the day the employe first leaves work because of an injury, whether disability from work is present on each of said days or not. And the deduction for waiting period may only be made for those days in such week during which the injured employe was disabled from work.

To entitle an injured employe to recover compensation for the disability occurirng during the waiting period, it is not necessary that he shall have been disabled during each of the twenty-nine (29) days after leaving work. If he is disabled on or after the twenty-ninth day, compensation for the waiting period is due him. There can be no deduction for waiting period in any case of permanent injury even though the disability is equivalent to less than four weeks.

17 The proximate cause of death is "that cause whose share is the most conspicuous and most immediately preceding the event, which is adequate and sufficient to produce such event and from which the event might naturally have been expected to follow as an ordinary, natural sequence." An accident is the "proximate cause of death" when it causes immediate death or sets in motion a chain of events that naturally and logically result in death.

SUPPORT. "Support" as used in this section is considered to mean "the necessary shelter, food, clothing, etc., to meet the daily necessities of the dependent."