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MASSACHUSETTS.

Date of enactment.-July 28, 1911; in effect, July 1, 1912; amended, chapters 571, acts of 1912; 48, 448, 568, 696, 746, acts of 1913; 338, 708, acts of 1914; 123, 275, 314, acts of 1915; 72, 90, acts of 1916; 198, 249, 269, acts of 1917; 113, 119, acts of 1918; chapters 197, 198, 204, 205, 226, 272, 299, acts of 1919.

Injuries compensated.-Injuries arising out of and in the course of employment causing incapacity for 10 days, or death, unless the injury is due to the serious and willful misconduct of the injured employee.

Industries covered.-All industries except farm labor and domestic service. Exempted employments may come under the act if the employer so elects.

Persons compensated.—Private employment: All employees, except masters of vessels and seamen engaged in interstate or foreign commerce and employees whose work is not in the usual course of the employer's business, where the employer is an insurer under this act. Public employment: The State shall, and any county, city, town, or district having power of taxation and accepting the act may, compensate its laborers, workmen, and mechanics.

Burden of payment.-Entire cost rests upon the employer.

Compensation for death:

(a) The reasonable expense of burial, not exceeding $100. If dependents survive, this sum shall be deducted from the compensation payable.

(b) To persons wholly dependent, a weekly payment equal to two-thirds the average weekly wages of the deceased employee, but not less than $4 nor more than $10, for a period of 500 weeks, the total not to exceed $4,000. (c) If only partial dependents survive, a sum proportionate to the portion of earnings contributed to their support by the deceased employee. Children cease to be dependents at 18 (16 if living apart from parent legally bound to render support), unless mentally or physically incapacitated from earning a living.

Compensation for disability:

(a) Reasonable medical and hospital services, and medicines as needed, for the first two weeks after injury, and in unusual cases for a longer period, in the discretion of the board.

(b) For total disability, a sum equal to two-thirds the average weekly wages, but not less than $7 nor more than $16 per week, not exceeding 500 weeks, nor $4,000 in amount.

(c) For partial disability, two-thirds the wage loss, but not to exceed $16 per week, nor $4,000 in amount.

(d) In specified injuries (mutilations, etc.), two-thirds the weekly wages, not exceeding $10 nor less than $4 per week, for fixed periods, in addition to other compensation.

Lump-sum payments may be substituted in whole or part, after payments for injury or death have been made for not less than six months. Revision of benefits.-Either party may demand a revision of payment at any time. Insurance.-Employers under the act must subscribe to the State employees' insurance association or insure in some authorized company.

Security of payments.-Payments are not subject to assignment, attachment, or

execution.

Settlement of disputes.-Disputes are decided primarily by a member of the industrial accident board, whose decision is subject to review by the board, with limited appeal to the courts.

MICHIGAN.

Date of enactment.—March 20, 1912; in effect September 1, 1912: amended, Nos. 50, 79, 156, 259, acts of 1913; Nos. 104, 153, 170, 171, acts of 1915; Nos 41, 206, 235, 249, acts of 1917; Nos. 64, 110, acts of 1919.

Injuries compensated.-Injuries causing incapacity to earn full wages for a period of one week, or death, arising out of and in the course of employment, unless such injuries resulted from intentional and willful misconduct of the injured person.

Industries covered.-Compulsory as to the State and its municipalities, and each incorporated public board and commission authorized to hold property and to sue and be sued. All industries having one or more persons in service under contract of hire if the employer elects.

Persons compensated. Private employment: All employees, including aliens and minors legally permitted to work. Public employment: All employees except officials of the State or of a municipality.

Burden of payment.-Entire cost rests upon the employer.

Compensation for death:

(a) To persons wholly dependent, a weekly payment equal to 60 per cent of the deceased workman's average weekly wages, but not less than $7 nor more than $14 per week for a period of 300 weeks.

(b) If only partial dependents survive, such proportion of the above as the amount of previous contributions bears to such earnings.

(c) If no dependents, the reasonable expense of the last sickness and burial, not exceeding $200 in addition to any medical services.

Payments to children cease at 16, unless mentally or physically incapacitated from earning.

Compensation for disability:

(a) Reasonable medical and hospital services for the first 90 days after injury. (b) For total incapacity, a weekly payment equal to 60 per cent of the earnings, but not less than $7 nor more than $14 per week, nor for a period longer than 500 weeks from the date of the injury, and not exceeding $6,000.

(c) For partial incapacity, a weekly payment equal to 60 per cent of the wage loss, but not more than $14 per week, and for not longer than 500 weeks.

(d) For certain specified injuries (mutilations, etc.), 60 per cent of the average weekly earnings for fixed periods, in lieu of other payments.

Payments begin with the eighth day after the injury, but if the disability continues for six weeks or longer, compensation is computed from the date of injury.

After six months lump sums may be substituted for weekly payments. Revision of benefits.-Weekly payments may be reviewed by the industrial accident board at the request of either party.

Insurance.-Employer must furnish proof of financial ability to pay the required compensation, or insure in an authorized employers' liability company, or in an employers' insurance association organized under State laws, or become a member of a State insurance fund administered by the State commissioner of insurance.

Security of payments.-In case of insolvency, claims constitute a first lien upon all property of the employer. Employers must furnish proof of financial ability to pay compensation, or insure in approved companies or with the State.

Settlement of disputes.-Either party may request the industrial accident board to appoint a committee of arbitration, whose decisions are subject to review by the board The supreme court may review questions of law.

MINNESOTA.

Date of enactment.-April 24, 1913: in effect October 1, 1913: amended, chapters 193, 209, acts of 1915; chapters 302, 351, acts of 1917; chapters 176, 185, 354, 356, 358, 363, 367, 416, 439, 442, 508, acts of 1919, and chapter 44, special session, 1919.

Injuries compensated.-Injury by accident arising out of and in the course of employment causing disability for more than one week, or death, unless intentionally caused, or due to the intoxication of the injured person.

Industries covered.--All excepting common carriers by steam railroad and farm and domestic service, in the absence of contrary election by employers.

Persons compensated.-Private employment: All employees, including aliens and minors lawfully employed, in the absence of contrary election, employees whose work is casual and not in the usual course of the employer's business excepted. Public employment: Included, except employees of State, those elected or appointed for regular terms, and employees of cities whose charters provide for compensation. Burden of payment.-Cost rests upon the employer, except that upon agreement with employee contributions may be required.

Compensation for death:

(a) $100 funeral expenses.

(b) To a widow alone, 40 per cent of monthly wages of deceased, increasing to 663 per cent if four or more children; to a dependent husband alone, 30 per cent; to a dependent orphan, 45 per cent, with 10 per cent additional for each additional orphan, with a maximum of 663 per cent; if none of the above, 35 per cent to one parent and 45 per cent if both survive; if none of the foregoing, to other relatives wholly dependent, if but one, 30 per cent, or if more than one, 35 per cent, divided equally.

Widows, on remarriage, receive in lump sum one-half the unpaid compensation.

(c) If only partial dependents survive, that proportion of benefits provided for
actual dependents which contributions bore to wages earned.

(d) When no dependents are left, expense of last sickness and burial.
Maximum weekly compensation $15, minimum $6.50.

Payments continue for not over 300 weeks, and cease when a child reaches the
age of 18, unless physically or mentally incapacitated, and upon the death or
marriage of other dependents unless otherwise specified.

Compensation for disability:

(a) Reasonable medical and surgical treatment, not exceeding 90 days nor $100 in value, unless ordered in exceptional cases, when $200 is the limit.

(b) For temporary total disability, 663 per cent of wages for not over 300 weeks. (c) For permanent total disability, 663 per cent of the wages for 550 weeks, but not more than $6.50 per week after 400 weeks.

(d) For temporary partial disability, 663 per cent of wage loss, not over 300 weeks. (e) For specified permanent partial disability (mutilations, etc.), 663 per cent of the earnings for fixed periods, in lieu of other payments, maximum of 400 weeks; for other permanent partial disabilities, not over 300 weeks. Payments for disability may not be more than $15; nor may they be less than $6.50, unless the wages were less than $6.50, then full wages.

Lump sums must be substituted for periodical payments, but in case of death, permanent total disability, or certain maimings, the consent of the court inust be obtained.

Revision of benefits.-After six months from the date of an award either party may apply to the court for revision.

Insurance.-Employers may insure in any authorized company, stock or mutual, or maintain cooperative schemes, assuming other and greater risks.

Security and payments.-Insured workmen have an equitable lien upon any policy becoming due, and in case of the employer's incapacity the insurer shall make payment directly to them. Claims have same preference as unpaid wages.

Settlement of disputes. By judge of district court, in a summary manner, subject to review by the supreme court as to questions of law.

MISSOURI.

Date of enactment.-April 28, 1919. Effective: [Deferred by referendum.] Injuries compensated.-Injuries by accident arising out of and in course of employment causing disability for more than seven days, or death within 350 weeks, unless due to employee's or another's willful misconduct, including intentional self-inflicted injury, intoxication, or willful failure or refusal to use a safety appliance or perform a duty required by statute or failure to obey reasonable safety rule.

Industries covered.-All where employer has five or more employees, except farm labor and domestic servants provided employer fails to reject; compulsory as to the State and its municipalities except where the employee has rejected the act. Employers not included may elect to accept act.

Persons compensated.-Private employment: All employees in industries covered, including minors but excluding casual employees not engaged in the usual business of the employer, and outworkers. Public employment: All employees except officials of political subdivisions and those who reject act.

Burden of payment.-Entire cost rests upon the employer.
Compensation for death:

(a) Burial expenses not to exceed $100 and if not otherwise covered, $200 for expenses of last sickness.

(b) To total dependents, two-thirds of average annual earnings for not to exceed 300 weeks. Payments for more than one dependent child to be divided in the discretion of the commission. If more than one person is dependent the compensation is to be divided equally.

(c) To partial dependents according to the facts but only when there are no total dependents.

The maximum weekly payment is to be $15 and minimum $6.

Payments to children cease at 17, unless physically or mentally incapacitated. Compensation for disability:

(a) Such medical, surgical and hospital, etc., treatment as may be reasonably required for first eight weeks, not exceeding $200 in value.

(b) For temporary total disability, two-thirds of wages for not over 400 weeks. (c) For temporary partial disability, two-thirds of wage loss, for not over 200 weeks, not in excess of $12 per week.

(d) For permanent partial disability, two-thirds of wages for periods fixed by commission, but not in excess of 400 weeks; for certain specific injuries (mutilations, etc.), two-thirds of wages for fixed periods, in addition to all other compensation: for disfigurement in an amount not to exceed $750. (e) For permanent total disability, two-thirds of wages for 240 weeks, and thereafter for life on basis of 40 per cent of wages.

Except where otherwise limited the maximum weekly payment is $15 per week and the minimum $6.

No compensation is payable for the first seven days after the injury unless disability continues for more than six weeks.

The commission may commute the compensation by the payment of a lump

sum.

Revision of benefits. Readjustment of compensation may be made by the commission on its own motion or on application.

Insurance. An employer under the act must insure his liability for compensation in an authorized insurance company or furnish proof of ability to carry own liability. Security of payments.-Compensation is not assignable, and is exempt from attachment, garnishment, and execution, and from set-off or counter claim, or any liability for any debt, and is entitled to the same preference as claims for wages without limit as to time or amount.

Settlement of disputes.-Disputes are decided primarily by the Missouri Workmen's Compensation Commission, with right of appeal to the circuit court on questions of

law.

MONTANA.

Date of enactment.-March 8, 1915; in effect July 1, 1915. Amended, chapters 95, 100, acts of 1919.

Injuries compensated.—Injuries arising out of and in course of employment, resulting from some fortuitous event. causing death, or disability for more than two weeks. Industries covered.—“All inherently hazardous works and occupations," in which employers elect, including manufactures, construction work, transportation, and repair of the means thereof, but not including agricultural or domestic labor; compulsory as to public employment.

Persons compensated.-Private employment: All persons other than independent contractors, employed in the industries covered, whether as manual laborers or otherwise, except casual employees whose work is not in the usual course of the employer's business. Public employment: All employees in the industries covered.

Burden of payment.-All on employer; employees may contribute to hospital fund. Compensation for death:

(a) $75 for funeral expenses if death occurs within six months of injury. (b) To beneficiaries (widow, widower, child, or children under 16, or invalid child above 16), 50 per cent of wages of the deceased if residents of the United States; if not, 25 per cent, unless otherwise required by treaty. To major dependents (father or mother), in case there are no beneficiaries, 40 per cent. To minor dependents (brothers or sisters actually dependent), if no beneficiary or major dependent, 30 per cent. Nonresident alien dependents receive nothing unless required by treaty, nor do beneficiaries if citizens of a Government excluding citizens of the United States from equal benefits under compensation laws; not over 50 per cent of above rates in any case. Term of payments may not exceed 400 weeks, $12.50 maximum, $6 minimum; if wages less than $6, then full wages. Payments cease on remarriage of widow or widower, or when child, brother, or sister reaches the age of 16, unless an invalid.

Compensation for disability:

(a) Medical and hospital services during first two weeks after happening of injury, not over $50 in value, unless there is a hospital contract.

(b) For temporary total disability, 50 per cent of wages during disability, $12.50 maximum, $6 minimum, unless wages are less than $6, when full wages will be paid, for not more than 300 weeks.

(c) For permanent total disability, same scale as above for 400 weeks, then $5 per week while disability continues.

(d) For partial disability, 50 per cent of the wage loss, not over $6.25 per week, nor 75 per cent of the compensation provided for loss of the injured member; payments to continue not more than 150 weeks for permanent cases, and 50 weeks if temporary.

(e) For specified maimings, 50 per cent of wages but not more than $12.50 per week nor less than $6 per week unless wages are less, then full wages. Periodical payments may be converted in whole or in part to lump sums. Revision of benefits.-Decisions and awards may be rescinded or amended at any time by the industrial accident board for good cause.

Insurance. The employer may carry his own risk on a showing of financial ability; security may be required for probable liabilities and must be given when a continuing payment is ascertained. Insurance may be carried in any company authorized to do business in the State, or the employer may contribute to a State fund.

Security of payments.-In case of bankruptcy, etc., liabilities under this act are a first lien upon any deposit made by an employer, and if this is not sufficient, then on any property of the employer or insurer within the State, and shall be prorated with other lienable claims.

Settlement of disputes.-By industrial accident board, with limited appeal to courts.

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