(h) For the loss of a great toe, fifty per cent (50%) of the average monthly wages during seven (7) months.

(i) For the loss of one of the toes other than the great toe, fifty per cent (50%) of the average monthly wages during two and one-half months.

(j) However, the loss of the first phalange of any toe shali be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half of the amount above specified.

(k) The loss of more than one phalange shall be considered as the loss of the entire toe.

(1) For the loss of a hand, fifty per cent (50%) of the average monthly wages during forty (40) months.

(m) For the loss of an arm, fifty per cent (50%) of the average monthly wages during fifty (50) months.

(n) For the loss of a foot, fifty per cent (50%) of the average monthly wages during thirty-five (35) months.

(0) For the loss of a leg, fifty per cent (50%) of the average monthly wages during forty-five (45) months.

(p) For the loss of an eye, fifty per cent (50%) of the average monthly wages during twenty-five (25) months.

(q) For permanent and complete loss of hearing in one ear, fifty per cent (50%) of the average monthly wages during twenty (20) months.

(r) For permanent and complete loss of hearing in both ears, fifty per cent (50%) of the average monthly wages during sixty (60) months.

(s) The permanent and complete loss of the use of a finger, toe, arm, hand, foot, or leg may be deemed the same as the loss of any such member by separation.

(t) The permanent and complete loss of sight in one eye may be deemed as the loss of one eye.

(u) Facial disfigurement: For permanent disfigurement about the head or face, which shall include injury to or loss of teeth, the commission may allow such sum for compensation thereof as it may deem just, in accordance with the proof submitted, but said compensation shall not exceed fifty per cent (50%) of the average monthly wage, nor to exceed sixty dollars ($60) per month during twelve (12) mouths.

Other in

(v) In all cases of permanent partial disability, not otherwise specified in the foregoing schedule, the percentage of disability juries. to the total disability shall be determined. For the purpose of computing compensation a disability that is partial in character but permanent in quality, the sum of sixty dollars ($60) per month for the period of one hundred (100) months shall represent a one hundred per cent (100%) disability.

to

In determining the percentage of disability, consideration shall Age, occupabe given, among other things, to any previous disability, the occu- tion, etc., be considered. pation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury; and the compensation paid therefor shall be the percentage of the disability caused by the injury times fifty per cent (50%) of the average monthly wage, not to exceed sixty dollars ($60) per month, for one hundred (100) months during the life of the injured employee. Whenever the monthly payments under this subsection are so small that the payments thereof during the full period will work a hardship on the beneficiary, or be of no substantial benefit, the period may be shortened and the payments correspondingly increased in such manner that the same may be of substantial benefit to the injured employee.

Second

(w) Where there is a previous disability as the loss of one eye, one hand, one foot, or any other previous permanent disability, juries. the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

in

Powers of

(x) The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the commission. provisions of this subsection.

Refusing medical aid.

Dependence.

Reports injuries.

of

No compensation shall be payable for the death or disability of an employee, if his death be caused by, or in so far 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 or medical aid.

SEC. 7. Section 26 of the above-entitled act * amended so as to read as follows:

is hereby

SEC. 26. (a) The following persons shall be conclusively presumed to be totally dependent for support upon a deceased employee:

1. A wife upon a husband whom she has not voluntarily abandoned at the time of the injury.

2. A husband, mentally or physically incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of injury.

3. [(a)] A natural, posthumous, or adopted child or children, whether legitimate or illegitimate, under the age of eighteen years, or over that age, if physically or mentally incapacitated from wage earning upon the parent with whom he or they are living at the time of the injury resulting in the death of such parent, there being no surviving parent. Step-parents may be regarded in this act as parents, if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this act as a natural child or children, if the existence and fact of dependency is shown.

(b) Questions as to who constitute dependents and the extent of their dependency shall be determined as of the date of the accident or injury to the employee, and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the death benefits shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.

SEC. 8. Section 33 of the above-entitled act is hereby amended so as to read as follows:

SEC. 33. (a) Every employer electing to be governed by the provisions of this act, and every physician and surgeon who attends an injured employee, within the purview of this act, is hereby required to file with the commission, under such rules and regulations as the commission may from time to time make, a full and complete report of every known injury to an employee arising out of or in the course of his employment and resulting in loss of life or injury to such person. Such report shall be furnished to the commission in such form and in such detail as the commission may, from time to time prescribe, and shall make special answers to all questions required by the commission under its rules and regulations. It shall be unlawful for any person, firm or corporation, agent or officer of any firm or corporation, or any attending physician or surgeon to fail or refuse to comply with any of the provisions of this section; and any person, firm, or corporation, agent or officer of any firm or corporation, or physician or surgeon, who fails or refuses to comply with the provisions of this section, shall be guilty of a misde meanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty ($50) dollars nor more than two hundred ($200) dollars.

(b) Any physician, having attended an employee within the purview of this act, in a professional capacity, may be required to testify before the commission when it shall so direct. Information gained by the attending physician or surgeon, while in attendance on the injured man, shall not be considered a privileged communication, if required by the commission for a proper understanding of the case and a determination of the rights involved.

(e) Whenever any accident occurs to any employee, it shall be the duty of the employee to forthwith report such accident and the injury resulting therefrom to the employer, and it shall also be the duty of any physician employed by such injured employee

to forthwith report such accident and the injury resulting therefrom to the employer and to the Nevada Industrial Commission. Whenever any accident occurs to any employee, and knowledge of same comes to the attention of the employer by such report or otherwise, the employer may at once designate, and send the physician so chosen by such employer and authorized by such employer in writing; and the physician, so chosen, shall be permitted by the employee or any person or persons in charge of said employee to make one examination of said injured employee in order to ascertain the character and extent of the injury occasioned by such accident. Thereupon, it shall be the duty of the said physician, so chosen, to forthwith report to the employer and to the Nevada Industrial Commission the character and extent of the said injury, as so ascertained by said physician.

(d) If the happening of the said accident, or the infliction of said injury to said employee, shall not have been reported by said employee or his said physician forthwith, as above described and immediately after the happening of said accident and injury, or if the said injured employee or those in charge of him (the injured employee being a party to the refusal) shall refuse to permit the employer's physician, so chosen, to make such examination, no compensation shall be paid for the injury so claimed to result from said accident; but it shall be within the discretion of the Nevada Industrial Commission to relieve said injured person or his dependents from such loss or forfeiture of compensation, if the said Nevada Industrial Commission shall be of the opinion, after investigation, that the circumstances attending the failure on the part of the employee, or of his physician, to report said accident and injury are such as to have excused the said employee and his physician for such failure to so report, and that such relieving of the employee or his dependents from the consequences of such failure to report will not result in an unwarrantable charge against said State insurance fund.

SEC. 10. The above-entitled act is hereby amended by adding an additional section thereto to be known as section 344, which shall read as follows:

SEC. 344. Notice of the injury for which compensation is payable under this act shall be given to the commission as soon as practicable, but within thirty days after the happening of the accident. In case of the death of the employee resulting from such injury, notice shall be given to the commission as soon as practicable, but within sixty days after such death. The notice shall be in writing and contain the name and address of the injured employee and state in ordinary language the time, place, nature and cause of the injury and be signed by said injured employee, or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf. No proceeding under this act for compensation for an injury shall be maintained unless the injured employee, or some one in his behalf, files with the commission a claim for compensation with respect to said injury within ninety days after the happening of the accident, or, in case of death, within one year after such death. The notice required by this section shall be served upon the commission, either by delivery to and leaving with it a copy of such notice, or by mailing to it by registered mail a copy thereof in a sealed, postpaid envelope addressed to the commission at its office, and such mailing shall constitute complete service; the failure to give such notice or to file such claim for compensation within the time limit specified in this secton shall be a bar to any claim for compensation under this act, but such failure may be excused by the commission on one or more of the following grounds: (1) That notice for some sufficient reason could not have been made, (2) That failure to give such notice will not result in an unwarrantable charge against the State insurance fund. (3) That the employer had actual knowledge of the occurrence of the accident resulting in such injury. (4) That failure to give notice was due to employee's or beneficiary's mistake or ignorance of fact or of

Notice.

law, or of his physical or mental inability, or to fraud, misrepre sentation or deceit.

SEC. 10. The above-entitled act is hereby amended by adding an additional section thereto to be known as section 401, which shall read as follows:

SEC. 40. It shall be the duty of the industrial commission hoard, provided for by section 8 of this act, annually or as often as they may deem necessary to make an audit of all books of accounts and record and of funds and securities of the Nevada Industrial Commission, and said industrial commission board is authorized to employ and fix the compensation of a competent accountant for the purpose of making such audit or audits, the expenses thereof to be paid out of the State insurance fund.

.

SEC. 101. Section 37 of the above-entitled act is hereby repealed.

Approved March 27, 1917.