5 operation, alteration or repair of a railroad, railway, of the works 6 of gas, telephone, telegraph, water and electric light companies, 7 harbor, dock, vessel, canal, sewer, and also any work for the con8 struction, alteration or repair of which machinery driven by 9 steam, water or other mechanical power is used.

10 "Factory" shall mean any premises where steam, water or 11 other mechanical power is used in aid of any manufacturing 12 process there carried on.

13

"Workshop" shall mean any premises, room or place, which 14 is not a factory as above defined, wherein manual labor is exer15 cised by way of trade or for purposes of gain in or incidental to a 16 process of making, altering, repairing, ornamenting, finishing or 17 adapting for sale any article or part of an article, and to which 18 or over which premises, room or place the employer of the per19 sons working therein, has the right of access or control; but the 20 exercise of such manual labor in a private house or private room 21 by the family dwelling therein or by any of them, or if a ma22 jority of the persons therein employed are members of such 23 family, shall not of itself constitute such house or room a work24 shop within this definition.

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25 Employer" "shall include any number of individuals, firms or 26 corporations, or their successors, and the legal representatives of 27 deceased employers.

28 66 Employees" shall mean every person who is engaged in an 29 employment to which this act applies, whether engaged in manual 30 labor or otherwise employed, and whether his agreement is ex31 pressed or implied, oral or in writing. Any reference to an 32 employee who has been injured shall, when the employee is dead, 33 also include his legal representative, dependents and other per34 sons to whom compensation may be payable.

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35 Dependents" shall mean such members of the employee's 36 family or next of kin as were entirely or partly dependent upon 37 the earnings of the employee at the time of his death.

1

SECTION 12. The amounts of compensation payable under this

2 act shall be as provided in this section.

3

4

First. In case death results from the injury:

If the employee leaves any dependents wholly dependent upon 5 his earnings at the time of his death, a sum shall be payable 6 equal to his earnings in the employment of the same employer 7 during the three years next preceding the injury, but not less 8 than one thousand dollars nor more than two thousand dollars: 9 provided, that the amount of any weekly payments made under 10 this act shall be deducted from such sum; and if the period of 11 the employee's employment by the said employer has been less 12 than the said three years, then the amount of his earnings during

13 the said three years shall be deemed to be nine hundred and thirty14 six times his average daily earnings during the period of his 15 actual employment under the said employer.

16 If the employee leaves only dependents partly dependent upon 17 his earnings at the time of his death, a sum shall be payable 18 not exceeding in any case the amount payable under the fore19 going provisions of this section, as may be agreed upon, or, in 20 default of agreement, may be determined on arbitration under 21 this act.

22 If the employee leaves no dependents, the reasonable expenses 23 of his burial and last sickness shall be payable, which shall not 24 exceed two hundred dollars.

25

Second. In case total or partial incapacity for work results 26 from the injury:

27 In such case a weekly payment during the incapacity after the 28 first week shall be payable, which shall not exceed in amount fifty 29 per cent of his average weekly earnings during the previous 30 twelve months, if he has been so long employed; but if not, then 31 a weekly payment shall be payable, equal to fifty per cent of six 32 times his average daily earnings for any less period during which 33 he has been in the employment of the same employer. Such 34 weekly payment, however, shall not exceed in any case ten 35 dollars, but such weekly payments shall not extend over a period 36 exceeding four years.

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SECTION 13. In fixing the amount of the weekly payment, re2 gard shall be had to the difference between the amount of the aver3 age weekly earnings of the employee before the accident and the 4 average amount which he is able to earn after the accident, and 5 to any payment other than wages which he may receive from the 6 employer on account of his injury during the period of his in7 capacity.

1

SECTION 14. After an employee has given his employer a notice 2 of an injury, as provided under this act, he shall, if so requested 3 by his employer, submit himself for examination to a physician 4 or surgeon authorized to practise medicine under the laws of the 5 Commonwealth, furnished and paid by the employer. If he re6 fuses to submit himself to such examination, or in any way 7 obstructs the same, his right to compensation, and any pro8 ceedings under this act in relation to compensation shall be 9 suspended, and his compensation during such period of suspension 10 may be forfeited until such examination takes place.

1 SECTION 15. The sum payable under this act in case of the 2 death of the injured employee shall be paid to his legal repre

3 sentative, or, if he has no legal representative, to his dependents, 4 or, if he leaves no dependents, to the persons to whom the 5 expenses for the burial and last sickness are due. If the payment 6 is made to the legal representative of the deceased employee, it 7 shall be paid by him to the dependents or other persons entitled 8 thereto under this act.

1

SECTION 16. Any question that may arise under this act as to 2 who are dependents for their support, or as to whether there are 3 any dependents, or as to whether there are any dependents who 4 are wholly or partly dependent, or as to the amount payable 5 to each dependent, shall, in the absence of agreement by the 6 parties, be determined by arbitration as provided in this act: 7 provided, that no savings or insurance of an injured employee 8 independent of this act shall be taken into consideration in de9 termining the compensation to be paid hereunder.

1 SECTION 17. Any employee receiving weekly payments under 2 this act shall, if so requested by his employer, from time to time 3 submit himself for medical examination as provided in section 4 fourteen of this act; but if he is dissatisfied with the certificate 5 of such practitioner concerning his condition, he may submit 6 himself for examination to one of the medical practitioners 7 appointed for the purposes of this act, as hereinafter provided, 8 and the certificate of such medical practitioner as to the condi9 tion of the employee at the time of the examination shall be 10 given to the employer and the employee, and it shall be conclusive 11 evidence of that condition. If the employee refuses to submit 12 himself to any examination required herein, or if he in any way 13 obstructs the same, his rights under this act to compensation shall 14 be suspended, as provided in section fourteen of this act, and 15 his compensation during such period of suspension may be for16 feited.

1

SECTION 18. Any weekly payment made under this act may 2 be reviewed by a committee chosen as provided in section twenty3 one of this act, at the request either of the employer or of the 4 employee; and on such review it may be ended, diminished or 5 increased, subject to the maximum amount above provided, and 6 the amount of payment in case of disagreement shall be settled 7 by arbitration under this act.

1

SECTION 19. Whenever any weekly payment has been con2 tinued for not less than six months, the liability therefor may, 3 on the application by or on behalf of the employer, be re

4 deemed by the payment of a lump sum, to be settled, in default 5 of agreement, by arbitration under this act.

1

SECTION 20. No payment made under this act shall be assign2 able or subject to attachment, or be liable in any way for any 3 debts.

1 SECTION 21. Any employer and his employees may choose a 2 committee equally representing their respective interests, which 3 committee shall have the power to consider and adjust matters 4 of dispute under this act between employers and employees, un5 less either party objects by a notice in writing to the other party 6 to such action by said committee in relation to any particular 7 matter, before it shall proceed to consider such particular matter. 8 Said committee may, however, in its discretion, and in default

9 of unanimous agreement shall, refer any matter in dispute to 10 arbitration as hereinafter provided.

1 SECTION 22. If no committee is chosen or either party objects, 2 or the said committee refers the matter in dispute as provided in 3 section twenty-one of this act, or fails to settle the same within 4 three months from its submission to them, the matter in dispute 5 shall be settled by a single arbitrator agreed on by the parties, 6 or in the absence of such agreement by them such arbitrator shall 7 be appointed by any justice of the superior court, and shall be 8 called under this act a referee, according to procedure which shall 9 be prescribed by said court.

1

SECTION 23. Any referee so appointed by a justice of the 2 superior court shall for the purposes of this act have the powers 3 of an auditor, except as otherwise provided herein, and shall 4 receive the same compensation and be paid in the same manner. 5 The proceedings before said referee shall be the same as those 6 had before auditors, unless the superior court shall prescribe 7 additional or other rules for the conduct of said proceedings.

1 SECTION 24. Any referee so appointed by a justice of the 2 superior court may, at his discretion, submit any question of law 3 arising under this act to any justice of the superior court for his 4 decision; and such decision, or a decision rendered by the arbi5 trator himself in regard to any question of law, shall be con6 clusive, unless exceptions to the same are taken and filed in 7 the supreme judicial court for final determination: provided, 8 however, that until such final determination any justice of the 9 superior court may, in serious and worthy cases, order the em10 ployer to pay such a weekly payment to the injured employee as

11 in the judgment of the said justice may be fair and reasonable, 12 but such allowance shall not exceed the amount to which said em13 ployee might ultimately be entitled to receive under this act.

1

SECTION 25. In the event of the death of a referee appointed 2 as aforesaid, or his refusal or inability to act, any justice of the 3 superior court, on motion of any interested party, may appoint a 4 new referee.

1

SECTION 26. Whenever the amount of compensation under this 2 act shall have been ascertained, or any weekly payment amended, 3 or any other matter decided, by any arbitrator or referee, a memo4 randum thereof shall be filed by said arbitrator or referee in the 5 office of the clerk of the superior court for the county in 6 which said decision was rendered, in manner and form prescribed 7 by said court. The said clerk shall file such memorandum without 8 expense to any party, with other memoranda of a similar nature, 9 which shall be accessible to all interested parties or their attor10 neys. Such memorandum shall for all purposes have the same 11 force and effect as a judgment of the court: provided, that the 12 same may at any time be corrected by order of any justice of the 13 superior court.

1

SECTION 27. The proceedings for compensation under this act 2 shall take place in the county where all the parties reside, and if 3 they reside in different counties, then the proceedings shall take 4 place in the county wherein the accident occurred from which said 5 proceedings shall arise. The hearings in regard to said matters 6 shall be held in the places most convenient to all the interested 7 parties.

1

SECTION 28. The justices of the superior court may make such 2 rules as they may deem necessary for the proper conduct of 3 proceedings under this act, as far as they pertain to the said 4 court, its officers and the referees appointed by them as herein5 before provided.

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SECTION 29. No court fees shall be paid by any party in rela2 tion to any proceeding in the superior court, or for the entry or 3 filing of any original papers pertaining to matters arising under 4 this act. No taxable costs shall be incurred by either party in 5 any proceedings before an arbitrator or referee under this act.

1

SECTION 30. Any sum awarded as compensation hereunder 2 shall be paid to the person entitled thereto upon his receipt for 3 the same. The justices of the superior court may make rules reg