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facilitate their efforts to understand and learn all the facts bearing upon the right and justice of the matters before them.
* * * The commission shall also perform such duties as may be Duties as to imposed upon it by law in connection with any workmen's compensa- workmen's com
pensation. tion law or fund which may be passed or established.
Approved February 22, 1913.
ACTS OF 1913.
CHAPTER 599.-Liability of employers for injuries— Workmen's
Section 1. Sections 2394–1 to 2394–31, inclusive, of the statutes are amended to read:
Section 2394-1. 1. In any action to recover damages for a personal Dolons og injury sustained within this State by an employee while engaged in abolished. the line of his duty as such, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of any officer, agent, or servant of the employer, it shall not be a defense
(i) That the employee either expressly or impliedly assumed the risk of the hazard complained of.
(2) When such employer has at the time of the accident in a common employment four or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of a fellow servant.
(3) When such employer has at the time of the accident, in a common employment four or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of the injured employee, where such want of ordinary care was not willful.
2. Any employer who has elected to pay compensation as herein- Who exempt. after provided shall not be subject to the provisions of this section 2394-1.
Sec. 2394-2. No contract, rule, or regulation, shall exempt the em- Waivers. ployer from any of the provisions of section 2394-1.
SEC. 2394-3. Liability for the compensation hereinafter provided Compensat ion for, in lieu of any other liability whatsoever, shall exist against an em- paya
payable, when. ployer for any personal injury accidentally sustained by his employee, and for his death, in those cases where the following conditions of compensation concur:
(1) Where, at the time of the accident, both the employer and employee are subject to the provisions of sections 2394–3 to 2394–31, inclusive.
(2) Where, at the time of the accident, the employee is performing service growing out of and incidental to his employment.
Every employee going to and from his employment in the ordinary and usual way, while on the premises of his employer, shall be deemed to be performing service growing out of and incidental to his employ. ment.
(3) Where the injury is proximately caused by accident, and is not intentionally self-inflicted.
And where such conditions of compensation exist for any personal injury or death, the right to the recovery of such compensation pursuant to the provisions of sections 23943 to 2394-31, inclusive, and acts amendatory thereof, shall be the exclusive remedy against the employer for such injury or death; in all other cases, the liability of the employer shall be the same as if this and the succeeding sections of sections 2394–3 to 2394-31, inclusive, had not been passed, but shall be subject to the provisions of sections 2394-1 to 2394-2.
Who are em- Sec. 2394-4. The following shall constitute employers subject to the ployers.
provisions of sections 2394–3 to 2394-31, inelusive, within the meaning of section 2394-3:
(1) The State, and each county, city, town, village, and school district therein.
(2) Every person, firm, and private corporation (including any public service corporation), who has any person in service under any contract of hire, express or implied, oral or written, and who, at or prior to the time of the accident to the employee for which compensation under sections 2394-3 to 2394-31, inclusive, may be claimed, shall, in the manner provided in section 2394-5, have elected to become subject to the provisions of sections 2394-3 to 2394-31, inclusive, and who shall not, prior to such accident, have effected a withdrawal of such elec
tion, in the manner provided in subsection 1 of section 2394-5. Election made, SÉC. 2394-5. 1. Such election on the part of the employer shall be
made by filing with the industrial commission, a written statement to the effect that he accepts the provisions of sections 2394-3 to 2394-31, inclusive, the filing of which statement shall operate, within the meaning of section 2394-4, to subject such employer to the provisions of sections 2394-3 to 2394-31, inclusive, for the term of one year from the date of filing such statement, and thereafter, without further act on his part, for successive terms of one year each, unless such employer shall, at least sixty days prior to the expiration of such first or any succeeding 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. Presumption as 2. On and after September 1, 1913, every employer of four or more to certam em employees in a common employment shall be deemed to have elected ployers.
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 September 1, 1913, 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 four or more employees in a common employment. Such employer may withdraw from the provisions of sections 2394-3 to 2394-31, inclusive, at the expiration of one year or at the expiration of any succeeding year in the manner provided in sub
section 1 of section 2394-5. Contraotors' Sec. 2394-6. An employer subject to the provisions of sectiors employees.
2394-3 to 2394-31, inclusive, shall be liable for compensation to an employee of a contractor or subcontractor under him who is not subject to sections 2394-3 to 2394-31, inclusive, and 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 employee had been working directly for such employer. The contractor or subcontractor shall also be liable for such compensation, but the employee 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 employee 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. Who are em. Sec. 2394-7 (as amended by Chapter 707, Acts of 1913). The term ployees.
"employee" 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. The State and any county or municipality may require a bond from a contractor to protect the State, county or municipality against compensation to employees of such contractor or employees of a subcontractor under him.
Nothing herein contained shall be construed to prevent municipalities from paying policemen, firemen and other employees 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.
Policemen and firemen shall be deemed employees 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 policemen or fireman may receive from any pension or other benefit fund to which the municipality may contribute.
(2) Every person in the service of another under any contract of hire, express or implied, oral or written, including aliens, and also including minors who are legally permitted to work under the laws of the State (who, for the purposes of section 2394-8, shall be considered the same and shall have the same power of contracting as adult employees), but not including any person whose employment is but casual or is not in the usual course of the trade, business, profession, or occupation of his employer.
Sec. 2394-8. Any employee as defined in subdivision (1) of section Presumption as 2394-7 shall be subject to the provisions of sections 2394-3 to 2394-31, to employees. inclusive. Any employee as defined in subdivision (2) of section 2394-7 shall be deemed to have accepted and shall, within the meaning of section 2394-3, be subject to the provisions of sections 2394-3 to 2394-31, 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, incluisve, whether the employee has actual notice thereof or not; and
(2) Such employee shall not, at the time of entering into his contract of hire, express or implied, with such employer, 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, inclusive; or, in the event that such contract of hire was made in advance of such employer becoming subject to the provisions of sections 2394-3 to 2394-31, inclusive, such employee shall have given to his employer notice in writing that he elects to be subject to such provisions, or without giving either of such notices, shall have remained in the service of such employer for thirty days after the employer has filed with said commission an election to be subject to the terms of sections 2394-3 to 2394-31, inclusive, or when such employer has become subject to sections 2394-3 to 2394-31, inclusive, pursuant to subsection 2 of section 2394-5.
(3) The provisions of sections 2394–3 to 2394-31, inclusive, shall not Raflroads. apply to employees 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 employee 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 employees of such common carriers injured or killed while the common carrier and the employee are engaged in interstate commerce.
Sec. 2394-9. Where liability for compensation under sections 2394-3 Compensation. to 2394-31, inclusive, exists, the same shall be as provided in the following schedule:
(1) Such medical, surgical and hospital treatment, medicines, medi- Medical, etc., cal and surgical supplies, crutches, and apparatus, as may be reason- se
service. ably required at the time of the injury and thereafter during the disability, but not exceeding ninety days, to cure and relieve from the effects of the injury, 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 expense incurred by or on behalf of the employee in providing the same.
(2) If the accident causes disability, an indemnity which shall be waiting time. payable as wages on the eighth day after the injured employee 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 Total disability. average weekly earnings during the period of such total disability: Provided, That, if the disability is such as not only to render the injured employee entirely incapable of work, but also so helpless as to
require the assistance of a nurse, the weekly indemnity during the period of such assistance after the first ninety days shall be increased
to one hundred per cent of the average weekly earnings. Partial disa- (b) If the accident causes partial disability, sixty-five per cent of bility.
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.
(d) Said subdivisions (a), (b) and (c) shall be subject to the follow
ing limitations: Maximum In case of temporary or partial disability aggregate indemnity for benefits.
injury to a single employee caused by a single accident shall not exceed four times the average annual earnings of such employee, and in case of permanent total disability aggregate indemnity for injury to a single employee caused by a single accident shall not exceed six times
the average annual earnings of such employee. Permanent Total blindness of both eyes, or the loss of both arms at or near the total disability,
shoulder, or of 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 com
mission shall find the facts. Ma x i mu m The aggregate disability period shall not, in any event, extend beterm.
yond fifteen years from the date of the accident. Pay for first The weekly indemnity due on the eighth day after the employee week.
leaves work as the 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 employee leaves work as the result of the injury, no indemnity
whatever shall be recoverable. Compensation (3) Where death proximately results from the injury and the defor death,
ceased leaves a person or persons wholly dependent upon him for support, the death benefit shall be as follows:
(a) In case the injured employee was permanently totally disabled, 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.
(b) In case the injured employee was not permanently totally disabled, such sum which, when added to the disability indemnity paid and due at the time of his death, shall equal four times his average annual earnings.
(4) If death occurs to an injured employee other than as a proximate result of the accident, before disability indemnity ceases, death benefit
shall be as follows: Permanent (a) Where the accident proximately causes permanent total disa. total disability. bility, it shall be the same as if the accident had caused death.
Permanent (b) Where the accident proximately causes permanent partial disapartial disability
mity. bility, 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 acci
dent or other suitable employment, caused by such disability. Partial depend (c) In case the deceased employee 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. Funeral ex- (d) If the deceased employee leaves no person dependent upon him
for support, and the accident proximately causes death, the death benefit shall consist of the reasonable expense of his burial, not exceeding one hundred dollars.
(e) Death benefit shall be paid in weekly installments corresponding in amount to sixty-five per cent of the weekly earnings of the employee, until otherwise ordered by the commission." (5) In cases included by the following schedule, the compensation Schedule for
The loss of one arm at or near the shoulder, 240 weeks;
The loss of a third or ring finger and the metcarpal bone thereof, 12 weeks;
The loss of a ring finger at the proximal joint, 8 weeks;
The loss of all the fingers of one hand where the thumb and palm remain, 60 weeks;
The loss of a leg at the hip joint, or so near thereto as to preclude the use of an artificial limb, 240 weeks;
The loss of a leg at or above the knee, where stump remains sufficient to permit the use of an artificial limb, 160 weeks;
The loss of a foot at the ankle, 120 weeks;
When by reason of infection or other cause not due to the neglect or misconduct of the injured employee, he is actually disabled longer than the time specified in the foregoing schedule from earning a wage, compensation shall be paid such employee for such loss of wage within the limits otherwise provided.
For the purposes of this schedule permanent and complete paralysis of any member shall be deemed equivalent to the loss thereof.
Whenever an amputation is made between any two joints mentioned in this schedule (except amputations between the knee and hip joint) the resultant loss shall be estimated as if the amputation had been made at the joint nearest thereto.
In all other cases in this class the compensation shall bear such relation to the amount stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule.
30597° —Bull. 126—14—