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However, the loss of both hands, or both arms, or both legs, or both eyes, or any part thereof, shall constitute total and permanent disability to be compensated according to the provisions of section 25, subdivision "C."

SEC. 26. The following shall be conclusively presumed to be wholly dependent upon a deceased employee:

(1) The surviving spouse, unless it be shown that the survivor willfully deserted deceased without fault upon the part of deceased, and if it be shown that the survivor deserted deceased without fault upon the part of deceased, the survivor shall not be regarded as a dependent in any degree.

(2) A child or children under sixteen years of age (and over said age if physically or mentally incapacitated from earning) whether actually dependent for support upon the parent at the time of his or her death.

(3) A parent of a minor entitled to the earnings of the employee shall be presumed to be dependent for a period not to exceed four years.

(4) If the deceased employee leaves dependent surviving spouse, the full compensation shall be paid to such spouse; but if the dependent surviving spouse dies before payment is made in full, the balance remaining shall be paid to the person or persons wholly dependent, if any, share and share alike. If there be no person or persons wholly dependent, then payment shall be made to partial dependents. (5) In all other cases questions of dependency in whole or in part shall be determined in accordance with the fact as the fact may be at the time of the injury; and in such other cases if there is more than one person wholly dependent, the death benefit shall be equally divided among them, and persons partially dependent, if any, shall receive no part thereof. If there is no one wholly dependent and more than one person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency: Provided, however, That when a lump sum is paid as contemplated by this act, the court or commission in making distribution thereof, shall take into consideration the contingent rights of partial beneficiaries or the rights of those who may become such after a wholly dependent child or children become sixteen years of age.

(6) Step-parents shall be regarded in this act as parents.

(7) Adopted child or children or stepchild or children shall be regarded in this act the same as if issue of the body.

Dependents.

SEC. 27. No compensation shall be paid under this act for an injury Waiting time. which does not incapacitate the employee for a period of at least two weeks from earning full wages, but if incapacity extends beyond the period of two weeks, compensation shall begin on the fifteenth day after the injury: Provided, however, That if such disability continues for eight weeks or longer, such compensation shall be computed from the date of the injury.

Benefits ex

SEC. 28. No money paid, or payable, under this act out of the State insurance fund shall, prior to the issuance and delivery of the warrant empt. therefor, be capable of being assigned; nor shall the same be ever taken in execution, or attached or garnished, nor shall same pass to any other person by operation of law. Any such assignment or charge shall be void.

SEC. 29. No employer or workman shall exempt himself from the burden, or waive the benefits of this act by any contract, agreement, rule, regulation or device; and any such contract, agreement, rule, regulation or device shall be absolutely void.

Waivers.

Remarriage of widow.

SEC. 30. Upon the marriage of a widow, she shall receive once and for all, a lump sum equal to twelve times her monthly allowance, not to exceed, however, the sum of $300: Provided, however, That allowance shall be made by the commission for the support of minor children under the age of sixteen years; the total amount thereof to be not less than $10, nor more than $35 per month, to be fixed by the commission. SEC. 31. The Nevada Industrial Commission, may, in its discretion, allow the conversion of the compensation herein provided for into ments. a lump sum payment, not to exceed the sum of $5,000, under such

30597°-Bull. 126-14—21

Lump-sum pay

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rules and regulations and system of computation as may be devised for obtaining the present value of such compensation.

SEC. 32. Any workman entitled to receive compensation under this act is required, if requested by the commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the workman and as may be provided by the rules of the commission. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payment shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period.

SEC. 33. Whenever any accident occurs to any workman it shall be the duty of the employer to at once report such accident and the injury resulting therefrom to the commission, and also to any local representative of the commission. Such report shall state:

(1) The time, cause and nature of the accident and injuries, and the probable duration of the injury resulting therefrom.

(2) Whether the accident arose out of or in the course of the injured person's employment.

(3) Any other matters the rules and regulations of the commission may prescribe.

SEC. 34. (a) Where a workman is entitled to compensation under this act he shall file with the department, his application for such, together with the certificate of the physician who attended him, and it shall be the duty of the physician to inform the injured workman of his rights under this act and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the work

man.

(b) Where death results from injury the parties entitled to compensation under this act, or some one in their behalf, shall make application for the same to the department, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the department.

(c) If change of circumstances warrant an increase or rearrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application therefor.

(d) No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the right thereto accrued.

SEC. 35. The books, records and pay rolls of the employer pertinent to the administration of this act shall always be open to inspection by the commission or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the pay roll, the men employed, and such other information as may be necessary for the commission and its management under this act. Refusal on the part of the employer to submit said books, records and pay rolls for such inspection to any member of the commission or any assistant presenting written authority from the commission, shall subject the offending employer to a penalty of one hundred dollars for each offense, to be collected by civil action in the name of the Nevada Industrial Commission and paid into the accident fund, and the individual who shall personally give such refusal shall be guilty of a misdemeanor.

SEC. 36. Any employer who shall misrepresent to the department the amount of pay roll upon which the premium under this act is based shall be liable to the Nevada Industrial Commission in ten times the amount of the difference in premium paid and the amount the employer should have paid. The liability to the Nevada Industrial Commission shall be enforced in a civil action in the name of the Nevada Industrial Commission. All sums collected under this section shall be paid into the accident fund.

SEC. 37. If any employer shall default in any payment to the accident fund herein before in this act required, the sum due shall be collected by action at law in the name of the Nevada Industrial Commission as plaintiff, and such right of action shall be in addition to any

other right of action or remedy. In respect to any injury happening to any of his workmen during the period of any default in the payment of any premium under section 6, the defaulting employer shall not, if such default be after demand for payment, be entitled to the benefits of this act, but shall be liable to suit by the injured workman (or the husband, wife, child or dependent of such workman in case death result from the accident), as he would have been prior to the passage of this act. In case the recovery actually collected in such suit shall equal or exceed the compensation to which the plaintiff therein would be entitled under this act, the plaintiff shall not be paid anything out of the accident fund; if the said amount shall be less than such compensation under this act, the accident fund shall contribute the amount of the deficiency. The person so entitled under the provisions Option of emof this section to sue shall have the choice (to be exercised before suit) ployee.

of proceeding by suit or taking under this act. If such person shall take under this act, the cause of action against the employer shall be assigned to the Nevada Industrial Commission for the benefit of the accident fund. In any suit brought upon such cause of action the measure of liability shall be as provided in section 1, subdivision C1, 2, 3 and 4-of this act. Any such cause of action assigned to the Nevada Industrial Commission may be prosecuted or compromised by the department in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the written approval of the department.

Power of comas to

suits.

SEC. 38. The Nevada Industrial Commission is hereby authorized and empowered to prosecute, defend and maintain actions in the name mission of the commission for the enforcement of the provisions of this act, and verification of any pleading, affidavit or other paper required may be made by any member of the commission or by the secretary thereof. In any action or proceeding or in the prosecution of any appeal by the commission, no bond or undertaking shall ever be required to be furnished by the commission.

SEC. 39. If any workman be injured because of the absence of any safeguard or protection required to be provided or maintained by, or pursuant to, any statute or ordinance or any departmental regulation under any statute, or be at the time of the injury of less than the maximum age prescribed by law for the employment of the minor in the occupation in which he shall be engaged when injured, the employer shall be liable to the Nevada Industrial Commission for a penalty of not less than $300 or more than $2,000 to be collected in a civil action at law by the commission.

Violations of

statute.

The foregoing provision of this act shall not apply to the employer Workmen if the absence of such guard or such protection be due to the removal moving guards. thereof by the injured workman himself, or with his knowledge, by any fellow workman, unless such removal be by order or direction of the employer or superintendent or foreman of the employer. If the removal of such guard or protection be by the workman himself, or be by his consent, by any of his fellow workmen, unless done by order or direction of the employer or superintendent or foreman of the employer, the compensation of such injured workman, as provided for by section 25 of this act, shall be reduced twenty-five per cent.

SEC. 40. The State of Nevada shall not be liable for the payment of any compensation under this act, save and except from the said State insurance fund, to be derived from the payment of premiums as provided in this act.

SEC. 41. The expenses of the administration of the commission, including the payment of the salaries of commissioners, and other expenses other than the payment of compensation under this act, shall not exceed ten per cent of the amount of premiums paid into said insurance fund.

SEC. 42. This act shall be known as the "Nevada Industrial Insurance Act."

SEC. 43. This act shall apply to all employers of labor in the State of Nevada and their employees and the dependents of their employees, except domestic servants and farm laborers, and no contract of employment, insurance, relief benefit or indemnity of any other device shall

re

State liability.

Expenses limited.

Title of act.

Application.

Constitutional

of act.

modify, change or waive any liability created by this act, and such contract of employment, relief benefit, insurance or indemnity, or other device having for its purpose the waiver or modification of the terms or liability created by this act shall be void.

SEC. 44. If any employer shall be adjudicated to be outside the lawity of provisions ful scope of this act, the act shall not apply to him or his workman, or if any workman shall be adjudicated to be outside the lawful scope of this act because of remoteness of his work from the hazard of his employer's work, any such adjudication shall not impair the validity of this act in other respects, and in every such case an accounting in accordance with the justice of the case shall be had of moneys received. If the provisions of section 21 of this act for the creation of the insurance fund, or the provisions of this act making the compensation to the workman provided in it exclusive of any other remedy on the part of the workman, shall be held invalid, the entire act shall be thereby invalidated except the provisions of section 46, and an accounting according to the justice of the case shall be had of moneys received. In other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any other part thereof.

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Scope of law.

SEC. 45. If the provisions of this act relative to compensation for injuries to or death of workmen become invalid because of any adjudication, or be repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this act by lump payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the 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: Provided, That such action be commenced within one year after such repeal or adjudication; but in any such action any sum paid out of the insurance fund to the workman on account of injury, to whom the action is prosecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have paid without delinquency into the insurance fund the payment provided for by section 21, such sums shall be credited upon the recovery as payment thereon, otherwise the sum shall not be so credited, but shall be deducted from the sum collected and be paid into the said fund from which they had been previously disbursed.

SEC. 46. If this act shall be hereafter repealed, all moneys which are in the insurance fund at the time of the repeal shall be subject to such disposition as may be provided by the legislature, and in default of such legislative provision distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing.

SEC. 47. This act shall not affect any action pending or cause of action existing on June the 30th, 1913.

SEC. 48. This act shall be effective July 1, 1913.

SEC. 49. All acts and parts of acts in conflict herewith are hereby repealed.

Approved March 15, 1913.

NEW HAMPSHIRE.

ACTS OF 1911.

CHAPTER 163.--Compensation of workmen for injuries.

SECTION 1. This act shall apply only to workmen engaged in manual or mechanical labor in the employments described in this section, which, from the nature, conditions or means of prosecution of such work, are dangerous to the life and limb of workmen engaged therein, because in them the risks of employment and the danger of injury Dangerous caused by fellow servants are great and difficult to avoid. (a) The employments. operation on steam or electric railroads of locomotives, engines, trains or cars, or the construction, alteration, maintenance or repair of steam

railroad tracks or road beds over which such locomotives, engines, trains or cars are or are to be operated. (b) Work in any shop, mill, factory or other place on, in connection with or in proximity to any hoisting apparatus, or any machinery propelled or operated by steam or other mechanical power in which shop, mill, factory or other place five or more persons are engaged in manual or mechanical labor. (c) The construction, operation, alteration or repair of wires or lines of wires, cables, switch boards or apparatus, charged with electric currents. (d) All work necessitating dangerous proximity to gunpowder, blasting powder, dynamite or any other explosives, where the same are used as instrumentalities of the industry, or to any steam boiler owned or operated by the employer: Provided, Injury is occasioned by the explosion of any such boiler or explosive. (e) Work in or about any quarry, mine or foundry. As to each of said employments it is deemed necessary to establish a new system of compensation for accidents to workmen.

for damages, when.

SEC. 2. If, in the course of any of the employments above described, Employer liable personal injury by accident arising out of and in the course of the employment is caused to any workman employed therein, in whole or in part, by failure of the employer to comply with any statute, or with any order made under authority of law, or by the negligence of the employer or any of his or its officers, agents or employees, or by reason of any defect or insufficiency due to his, its or their negligence in the condition of his or its plant, ways, works, machinery, cars, engines, equipment, or appliances, then such employer shall be liable to such workmen for all damages occasioned to him, or, in case of his death, to his personal representatives for all damages now recoverable under the provisions of chapter 191 of the Public Statutes. The workman shall not be held to have assumed the risk of any injury due to any cause specified in this section; but there shall be no liability under this section for any injury to which it shall be made to appear by a preponderance of evidence that the negligence of the plaintiff contributed. The damages provided for by this section shall be recovered in an action on the case for negligence.

Assumption of

risks.

Election by em

Bonds.

SEC. 3. The provisions of section 2 of this act shall not apply to any employer who shall have filed with the commissioner of labor his ployer. declaration in writing that he accepts the provisions of this act as contained in the succeeding sections, and shall have satisfied the commissioner of labor of his financial ability to comply with its provisions, or shall have filed with the commissioner of labor a bond, in such form and amount as the commissioner may prescribe, conditioned on the discharge by such employer of all liability incurred under this act. Such bond shall be enforced by the commissioner of labor for the benefit of all persons to whom such employer may become liable under this act in the same manner as probate bonds are enforced. The commissioner may, from time to time, order the filing of new bonds, when in his judgment such bonds are necessary; and after thirty days from the communication of such order to any employer, such employer shall be subject to the provisions of section 2 of this act until such order has been complied with. The employer may at any time revoke his acceptance of the provisions of the succeeding sections of this act by filing with the commissioner of labor a declaration to that effect, and by posting copies of such declaration in conspicuous places about the place where his workmen are employed. Any person aggrieved by any decision of the commissioner under this section may apply by petition to any justice of the superior court for a review of such decision and said justice on notice and hearing shall make such order affirming, reversing or modifying such decision as justice may require; and such order shall be final. Such employer shall be liable to all workmen engaged in any of the employments specified in section 1, for any injury arising out of and in the course of their employment, in the manner provided in the following sections of this act: Provided, That the employer shall not be liable in respect of any injury which does not disable the workman for a period of at least two weeks from earning full wages at the work at which he was employed: And provided, That the employer shall not be liable in respect of any injury to the workman which is caused in whole or in part by the intoxication, violation of law, or serious or willful mis

Minor injuries,

etc.

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