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any other source than those paid or caused to be paid by the employer as herein provided, be considered in fixing the compensation under this act.
Sec. 31. No agreement by an employee to waive his rights to com- Waivers. pensation under this act shall be valid.
Sec. 32. If an injured employee is mentally incompetent or is a minor Incompetent at the time when any right or privilege accrues to him under this act, persons. his guardian or next friend may, in his behalf, claim and exercise such right or privilege.
Sec. 33. No proceedings for compensation for an injury under this Notice. act shall be maintained, unless a notice of the injury shall have been given to the employer 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. "The said notice shall be in writing, and shall state in ordinary language the time, place and cause of the injury; and shall be signed by the person injured, or by a person in his behalf, or, in the event of his death, by his legal representative or by a person in his behalf.
The notice shall be served upon the employer or an agent thereof. Such service may be made by delivering said notice to the person on whom it is to be served, or leaving it at his residence or place of business, or by sending it by registered mail addressed to the person or corporation on whom it is to be served at his last known residence or place of business.
A notice given under the provisions of this section shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury, unless it is shown that it was the intention to mislead, and the employer, or the insurance company carrying such risk, as the case may be, was in fact misled thereby. Want of such written notice shall not be a bar to proceedings under this act, if it be shown that the employer had notice or knowledge of the injury.
Sec. 34. After an employee has given notice of an injury as pro- Medical examivided in section 33, and from time to time thereafter during the con- nations. tinuance of his disability, he shall, if so requested by the employer or the insurance company carrying auch risk, submit himself to an exami. nation by a physician or surgeon legally authorized to practice medicine under the laws of the State, furnished and paid for by the employer, or the insurance company carrying such risk, as the case may be. The employee shall have the right to have a physician provided and paid for by himself present at the examination. The refusal of the employee to submit to such examination shall deprive him of the right to compensation under this act during the continuance of such refusal and the period of such refusal shall be deducted from the period during which compensation would otherwise be payable.
SEC. 35. In all death claims, where the cause of death is obscure or Autopsy. disputed, any interested party may require an autopsy, the cost of such autopsy to be borne by the party demanding the same.
Sec. 36. The interested parties shall have the right to settle all mat- Settlements. ters of compensation between themselves in accordance with the provisions of this act.
Sec. 37. In case of a dispute over, or failure to agree upon a claim for Disputes. compensation between employer and employee, or the dependents of the employee, the claim may be submitted to arbitration in such manner or method as may be mutually agreed upon, or either party may submit the claim, both as to the question of fact, the nature and effect of the injuries, and the amount of compensation therefor, according to the schedule herein provided, to the district court of the county which would have jurisdiction of a civil action between the parties, which court shall have authority to hear and determine the cause as a suit in equity and enter final judgment therein determining all questions of law and fact in accordance with the provisions of this act, which judgment shall be final and conclusive unless reversed or modified on appeal or otherwise modified pursuant to the provisions of this act.
Action in one Sec. 38. In case of personal injury, all claim for compensation shall year.
be forever barred unless, within one year after the accident, the parties shall have agreed upon the compensation payable under this act, or unless, within one year after the accident, one of the parties shall have filed a petition as provided in section 39 hereof. In case of death, all claims for compensation shall be forever barred unless, within one year after the death, the parties shall have agreed upon the compensation under this act, or unless within one year after the death, one of the parties shall have filed a petition as provided in section 39 hereof. Where, however, payments of compensation have been made in any case, said limitation shall not take effect until the expiration of one
year from the time of the making of the last payment. Procedure. Sec. 39. Procedure in cases of dispute shall be as follows: Either
party may file in the district court a verified petition setting forth the names and residences of the parties and the facts relating to the employment at the time of the injury, the injury in its extent and character, the amount of wages being received at the time of injury, the knowledge of or notice to the employer of the occurrence of said injury and such other facts as may be necessary for the information of the court, and also stating the matter or matters in dispute and the contention of the petitioner with reference thereto.
Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within four days from the issuance of the summons. Within seven days after the return day of such summons the party upon whom the same is served shall file an answer to said petition, which shall admit or deny the substantial averments of the petition, and shall state the contention of the defendant with reference to the matters in dispute, as disclosed by the petition. The answer shall be verified in like manner as required for a petition. At the expiration of the time fixed for filing answer the court shall proceed to hear and determine the cause without delay and shall render judgment thereon according to the form of law. Any appeal from such judgment shall be prosecuted in accordance with the general laws of the State regulating appeals and actions at law except that such appeal shall be perfected within thirty days from the entry of the judgment and the cause shall be advanced for hearing in the supreme court so as to bring said cause on for argument before such court within sixty days from the filing of the appeal and said supreme court shall render its judgment and opinion in such cases within thirty days
after submission. Lump sums. SEC. 40. The amounts of compensation payable periodically under
the law, either by agreement of the parties, or by decision of the court, may be commuted to one or more lump sum payments, except compensation due for death and permanent disability. These may be
commuted only with the consent of the district court. What sottle. Sec. 41. All settlements by agreement of the parties and all awards ments final.
of compensation made by the court, except those amounts payable periodically for six months or more, shall be final and not subject to
SEC. 42. All amounts paid by an employer or by an insurance company carrying such risk, as the case may be, and received by the employee or his dependents, by lump sum payments, shall be final, but the amount of any agreement or award payable periodically for more than six months may be modified as follows:
(a) At any time by agreement of the parties;
(b) If the parties can not agree, then at any time after six months from the date of the agreement or award, an application may be made to the court by either party on the ground of increase or decrease or incapacity due solely to the injury, or that the condition of a dependent has changed as to age or marriage, or by reason of the death of a dependent. In such case the same procedure shall be followed as in sec
tion 39 in case of disputed claim for compensation. Payments to Sec. 43. At any time after the amount of any award has been agreed trustees.
upon by the parties, or found and ordered by the court, a sum equal to the present value of all future installments of compensation may (where death or the nature of the injury renders the amount of future payments
certain) by leave of court, be paid by the employer, or by the insurance company carrying such risk, as the case may be, to any savings bank or trust company of this State, in good standing, and such sum, together with all interest thereon, shall thereafter be held in trust for the employee or the dependents of the employee, who shall have no further recourse against the employer. The payment of such sum by the employer, evidenced by the receipt of the trustee to be filed with the insurance commissioner, shall operate as a satisfaction of said award as to the employer. Payments from said fund shall be made by the trustee in the same amounts and at the same time as are herein required of the employer until said fund and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the court, to the choice of the injured employee or the dependents of the deceased employee, as the case may be.
Sec. 44. In case of death, where no executor or administrator is quali- Administrators. fied, the said court shall, by order, direct payment to be made to such persons as would be appointed administrator of the estate of such decedent upon like terms as to bond for the proper application of compensation payments as are required of administrators. Sec. 45. Report of all settlements and releases shall be filed by the
Reports of set
tlements, etc. employer with the labor commissioner within sixty days after such settlements are made. The said report shall contain the name and nature of the business of the employer, the location of his establishment or place of work, the name, age, sex, and occupation of the injured employee, and shall state the time, the nature and cause of the injury, and such other information as may be required by the labor commissioner. Any employer who refuses or neglects to make the report required by this section shall be punished by a fine of not more than fifty dollars for each offense. If the injury shall result in the death of the employee, such report shall show whether the deceased was a citizen of the United States, or an alien; in the event that the deceased was an alien, such report shall show his nationality, and so far as may be known, his place of birth, parentage and names and addresses of dependents. If, as a result of the injury, the death of the employee occurs subsequent to the making of such report, it shall be the duty of the employer to make supplemental report giving the same information as if the injury had caused the immediate death of the employee.
When an injury results in the death of an employee who is a citizen or subject of a foreign country, the labor commissioner shall, after such death has been reported to him, at once notify the superior consular officer of the country of which the employee at the time of his death, was a citizen or subject, and whose consular district embraces the State of Nebraska, or the representative, residing in the State of Nebraska, of such consular officer, whom he shall have formally designated as his representative by a communication in writing to the labor commissioner. Such notification shall contain in addition to the name of the employee, such further information as the labor commissioner may possess respecting the place of birth, parentage, and names and addresses of the dependents of the employee.
Sec. 46. An employer who is liable for compensation as provided in Insurance of this act may insure the liability to pay such compensation in any lia- risks. bility insurance company or companies licensed to write such risks in the State of Nebraska, orin any mutual insurance association authorized under the laws of the State of Nebraska to assume such risks.
SEC. 47. No policy of insurance against liability under this act shall Provisions of be made unless the same shall cover the entire liability of the employer poli thereunder and shall contain an agreement by the insurer that, in case the employer shall be or become insolvent, or in case an execution upon a judgment for compensation is returned unsatisfied, an employee of such employer or the dependents of a deceased employee who shall be entitled to compensation under this act may enforce their claim or claims to compensation against the insurer to the same extent that the employer could have enforced his claim against such insurer had he paid compensation. No suit shall be maintained for the collection of premiums upon any such policy of insurance, unless such covenant is contained in said policy. Such covenant shall be unaffected by any default of the insured in the payment of premiums and shall be con
strued to be a direct promise to such injured employee and dependents, and shall be enforceable by action brought in the name of such injured employee or in the names of such dependents. Every contract for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of this act, and provisions thereof inconsistent with this act shall be void. No company or association shall enter into any such contract for insurance unless such insurer shall have been approved by the State insurance
commissioner as provided by law. Existing insur- SEC. 48. Nothing herein shall affect any existing contract for em
ployers' liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement now existing between employers and employees, providing for the payment to such employees, their families, dependents or representatives, sick, accident or death benefits in addition to the compensation provided for by this act; but liability for compensation under this act shall not be reduced or affected by any insurance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer, and in addition thereto, the right to enforce in his own name in the manner provided in section 47 the liability of any insurer who may, in whole or in part, have insured the liability for such compensation: Provided, however, That payment in whole or in part of such compensation by either the employer, or the insurer, as the case may be, shall, to the extent thereof, be a bar to recovery against the other, of the amount so paid.
Suits barred, SECTION 49. If any employee, or his dependents in case of death, of
any employer subject to the provisions of Part II of this act files any claim with, or accepts any payment from such employer, or from any insurance company carrying such risk, on account of personal injury, or makes any agreement, or submits any question to the court under Part II of this act, such action shall constitute a release to such employer
of all claims or demands at law, if any, arising from such injury. Compensation Sec. 50. No payments under this act shall be assignable or subject payments ex- to attachment or garnishment, or be held liable in any way for any empt.
debts, except as provided in section 8 hereof. Preference. SEC. 51. The right to compensation and all compensation awarded
any injured employee or for death claims to his dependents (without limit of amount), shall have the same preference against the assets of the employer as unpaid wages for labor, but such compensation shall not become a lien on the property of third persons by reason of such
preference. Definitions. SEC. 52. Throughout this act, the following words and phrases as
used therein shall be considered to have the following meaning respectively, unless the context shall clearly indicate a different meaning in the construction used:
(a) The term “physician" shall include "surgeon," and in either case shall mean one legally authorized to practice his profession within the State of Nebraska, and in good standing in his profession at the time.
(b) The word “accident," as used in this act shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforeseen event happening suddenly and violently, with or without human fault and producing at the time objective symptoms of an injury.
The terms injury” and “personal injuries” shall mean only violence to the physical structure of the body and such disease or infection as naturally results therefrom. The said terms shall in no case be construed to include occupational disease in any form, or any contagious or infectious disease contracted during the course of employment, or death due to natural causes but occurring while the workman is at work. “Death” when mentioned as a basis for the right to compensations means only death resulting from such violence and its resultant effects occurring within three hundred and fifty weeks after the accident.
(c) Without otherwise affecting either the meaning or interpretation of the abridged clause, “personal injuries arising out of and in the course of employment,” it is hereby declared -
Not to cover workmen except while engaged in, on or about the premises where their duties are being performed, or where their service requires their presence as a part of such services at the time of the injury, and during the hours of service as such workmen.
(d) For the purposes of this act, willful negligence shall consist of (1) deliberate act, or (2) such conduct as evidences reckless indifference to safety, or (3) intoxication at the time of the injury.
(e) Whenever in this act the singular is used, the plural shall be included; where the masculine gender is used, the feminine shall be included:
(f) The designation “State insurance commissioner" or "insurance commissioner" as used herein is intended to mean the State official who has charge of the insurance department of the State of Nebraska.
(g) The “court” as used herein shall mean the district court which would have jurisdiction in an ordinary civil case involving a claim for the injuries or death in question, and the "judge” shall mean a judge of said court.
Sec. 53. Every right of action for death by wrongful act, or for injury Prior injuries. by negligence, accruing to an injured employee prior to the taking effect of this act is continued and preserved under the existing law. Sec. 54. If the provisions of this act relating to the compensation for Status of claims
il law is invalid. injuries to or death of workmen shall be repealed or adjudged invalid" or unconstitutional, the period intervening between the occurrence of an injury or death and such repeal, or the final adjudication of invalidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury. Sec. 55. In case for any reason any paragraph or any provision of Partial incon
stitutionality. this act shall be questioned in any court and shall be held to be unconstitutional or invalid, the same shall not be held to effect any other paragraph or provision of this act, except that Parts I and II are hereby declared to be inseparable, and if either part be declared void or inoperative in an essential part, so that the whole of such part must fall, the other part shall fall with it and not stand alone. Part I of this act shall not apply in cases where Part II becomes operative in accordance with the provisions thereof, but shall apply in all other cases when the employer is subject to the provisions of this act and in such cases shall be in extension or modification of the common law.
Sec. 56. All acts or parts of acts inconsistent with this act are to be deemed replaced by this act and to that end are hereby repealed.
Sec. 57. This act shall be known as the “Workmen's Compensation Law of 1913.”
Approved April 21, 1913.
ACTS OF 1913. CHAPTER 111.-Compensation of workmen for injuries. SECTION 1. (a) Where two or more employees, as defined by this Election pre
sumed, when. act, are employed in the same general employment and in the usual sumed, and ordinary transaction of the business, it shall be presumed that the employer, as defined by this act has elected to provide, secure and pay compensation according to the terms, conditions and provisions of this act, to such employees who sustain personal injury, arising out of and in the course of the employment and in such case the employer Effect. shall be relieved from liability for recovery of damages or other com