proof of his financial ability to pay direct the compensation in the amount and manner and when due as provided for in this act. In the latter case the board may in its discretion require the deposit of an Self-insurers. acceptable security indemnity or bond to secure the payment of compensation liabilities as they are incurred.

Evidence of

SEC. 69 (as amended by ch. 57, acts of 1919). Every employer who does not exempt himself from the compensation provisions of this act compliance. and who does not procure from the industrial board a certificate of his financial ability to pay compensation direct, without insurance, shall within ten days after this act takes effect file with the industrial board in the form prescribed by it, and thereafter within ten days after the termination of his insurance by expiration or cancellation, evidence of his compliance with the insurance provisions of section 68 hereof, and all others relating to the insurance under this act.

That any employer hereafter coming under the compensation provisions hereof shall in a like manner file like evidence of such compliance on his part.

If such employer refuses or neglects to comply with these provisions Violations. he shall be punished by a fine of ten cents for each employee at the time of the insurance becoming due, but not less than ten dollars nor more than fifty dollars for each day of such refusal or neglect and until the same ceases, and he shall be liable during continuance of such refusal or neglect to an employee either for compensation under this act or at law in the same manner as provided for in section 10.

SEC. 70 (as amended by ch. 57, acts of 1919). Whenever an employer Certificates. has complied with the provisions of section 68 relating to self-insurance, the industrial board shall issue to such employer a certificate which shall remain in force for a period fixed by the board, but the board may upon at least ten days' notice and a hearing to the employer, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the board may grant a new certificate to the employer upon his petition and satisfactory proof of his financial ability.

etc.,

SEC. 71. For the purpose of complying with the provisions of section Mutual, 68, groups of employers, to form mutual insurance associations or recipro- companies. cal insurance associations subject to such reasonable conditions and restrictions as may be fixed by the industrial board, are hereby authorized. Membership in such mutual insurance associations or reciprocal insurance associations so approved, together with evidence of the payment of premiums due, shall be evidence of compliance with section 68. SEC. 72. Subject to the approval of the industrial board any employer Substitute may enter into or continue any agreement with his employees to proschemes. vide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this act. No such substitute system shall be approved unless it confers benefits upon injured employees at least equivalent to the benefits provided by this act, nor if it requires contributions from the employees unless it confers benefits in addition to those provided under this act at least commensurate with such contributions.

Such substitute system may be terminated by the industrial board on reasonable notice and hearing to the interested parties if it shall appear that the same is not fairly administered or if its operation shall disclose latent defects threatening its solvency, or if for any substantial reason it fails to accomplish the purposes of this act; and in this case the board shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party in interest to take an appeal to the appellate court.

SEC. 73 (as amended by ch. 57, acts of 1919). No insurer shall enter into or issue any policy of insurance under this act until its policy form shall have been submitted to and approved by the industrial board. The industrial board shall not approve the policy form of any insurance company until such company shall file with it the certificate of the auditor of State showing that such company is authorized to transact the business of workmen's compensation insurance in the State. That the filing of a policy form by any insurance company or reciprocal insurance association with the industrial board for approval shall con

177982°-21-Bull. 272- -30

Policics.

Provisions

quired.

Agreements to

pay.

stitute on the part of such company or association a conclusive and unqualified acceptance of each and all of the provisions of this act, and an agreement by it to be bound thereby.

All policies of insurance companies and of reciprocal insurance associations, insuring the payment of compensation under this act, shall be conclusively presumed to cover all the employees and the entire compensation liability of the insured.

Any provision in any such policy attempting to limit or modify the liability of the company or association issuing the same shall be wholly void.

re- Every policy of any such company or association must contain the following provisions:

(a) The insurer hereby assures in full all the obligations to pay physician's fees, nurse's charges, hospital services, hospital supplies, burial expenses, compensation or death benefits imposed upon or accepted by the insured under the provisions of "The Indiana workmen's compensation act."

(b) That this policy is made subject to the provisions of 66 The Indiana workmen's compensation act," and the provisions of said act relative to the liability of the insured to pay physician's fees, nurse's charges, hospital services, hospital supplies, burial expenses, compensation, or death benefits to and for said employees, the acceptance of such liability by the insured, the adjustment, trial, and adjudication of claims for such physician's fees, nurse's charges, hospital services, hospital sup plies, burial expenses, compensation, or death benefits and the liability of the insurer to pay the same are and shall be a part of this policy contract as fully and completely as if written herein.

(c) That, as between this insurer and the employee, notice to or knowledge of the occurrence of the injury on the part of the insured (the employer) shall be notice or knowledge thereof, as the case may be, on the part of the insurer, that the jurisdiction of the insured (the employer) for the purpose of "The Indiana workmen's compensation act." shall be the jurisdiction of this insurer, and this insurer shall in all things be bound by and shall be subject to awards, judgments, and decrees rendered against the insured (the employer) under said act.

(d) That this insurer will promptly pay to the person entitled to the same, all benefits conferred by "The Indiana workmen's com pensation act, including physician's fees, nurse's charges, hospital services, hospital supplies, burial expenses and all installments of compensation or death benefits that may be awarded or agreed upon under said act; that the obligation of this insurer shall not be affected by any default of the insured (the employer) after the injury or by any default in the giving of any notice required by this policy, or otherwise; that this policy is and shall be construed to be a direct promise by this insurer to the person entitled to physician's fees, nurse's charges, fees for hospital services, charges for hospital supplies, charges for burial, compensation or death benefits, and shall be enforceable in the name of such person.

(e) That any termination of this policy either by cancellation or expiration shall not be effective as to employees of the insured covered hereby until ten days after written notice of such termination has been received by the industrial board of Indiana, at its office in Indianapolis, Indiana.

That all claims for compensation, nurse's charges, hospital services, hospital supplies, physician's fees, or burial expenses may be made directly against either the employer or the insurer or both, and the award of the industrial board may be made against either the em ployer or the insurer or both.

That if any insurer shall fail or refuse to pay any final award or judgment (except during the pendency of an appeal) rendered against it, or its insured, or, if it shall fail or refuse to comply with any provision of this act, the industrial board shall revoke the approval of its policy form, and shall not accept any further proofs of insurance froru it until it shall have paid said award or judgment or complied with the violated provision of the act, and shall have resubmitted its policy form and received the approval thereof by the industrial board.

SEC. 74. No policy of insurance against liability arising under this act shall be issued unless it contains the agreement of the insurer that

it will promptly pay to the person entitled to same all benefits conferred by this act, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury, or by any default in the giving of any notice required by such policy, or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in his name.

Presumptions.

SEC. 75. Every policy for the insurance of the compensation herein provided or against liability thereof shall be deemed to be made subject to the provisions of this act. No corporation, association, or organization shall enter into any such policy of insurance unless its Approval. form shall have been approved by the industrial board.

PART V.

SECTION 76 (as amended by ch. 57, acts of 1919). In this act Definitions. unless the context otherwise requires:

(a) "Employer" shall include the State and any political division, any municipal corporation within the State, any individual, firm, association, or corporation or the receiver or trustee of the same, or the legal representatives of a deceased person using the services of another for pay. If the employer is insured it shall include his insurer so far far as applicable.

64

(b) Employee" shall include every person, including a minor, lawfully in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is both casual and not in the usual course of the trade, business, occupation, or profession of the employer. Any reference to an employee who has been injured shall, when the employee is dead, also include his legal representatives, dependents, and other persons to whom compensation may be payable.

(e) "Average weekly wages" shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of injury, divided by 52; but if the injured employee lost seven or more calendar days during such period, although not in the same week, then the earnings for the remainder of such 52 weeks shall be divided by the number of weeks and parts thereof remaining after the time so lost has been deducted. Where the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employee earned wages shall be followed: Provided, Results just and fair to both parties will thereby be obtained. Where by reason of the shortness of the time during which the employee has been in the employment of his employer or of the casual nature or terms of the employment it is impracticable to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previous to the injury was being earned by a person in the same grade employed at the same work by the same employer, or if there is no person so emploved, by a person in the same grade employed in the same class of employment in the same district.

Wherever allowances of any character made to an employee in lieu of wages are specified part of the wage contract, they shall be deemed a part of his earnings.

d Injury" and "Personal injury" shall mean only injury by accident arising out of and in the course of the employment and shall not include a disease in any form except as it shall result from the injury.

Provisions sev

SEC. 77. If any section or provision of this act be decided by the courts to be unconstitutional or invalid, the same shall not affect the erable. validity of this act as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

SEC. 78. [Repealed.]

SEC. 80. For the purpose of paying the salaries and expenses of the Appropriation. members of the industrial board and its employees, the sum of $70,000 or so much thereof as may be necessary is hereby appropriated. Sec. 81. The provisions of this act shall not affect pending litigation.

Pending cases,

Election sumed.

pre

IOWA.

ACTS OF 1913.

CHAPTER 147 (codified).—Compensation of workmen for injuries.

PART I.

SECTION 2477-m (as amended by chap. 418, acts of 1917). (a) Except as by this act otherwise provided, it shall be conclusively presumed that every employer as defined by this act has elected to provide, secure, and pay compensation according to the terms, conditions, and provisions of this act for any and all personal injuries sustained by an employee arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages or other compensation for such personal injury, unless by the terms of this act otherwise provided; but this act shall not apply to any household or domestic servant, farm or other laborer engaged in agricultural pursuits, nor persons whose employment is of a casual pature. The provisions of this act shall not apply as between a munici nal corporation, city, or town and any person or persons receiving any benefits under, or who may be entitled to, benefits from any "firemen's pension fund" or "policemen's pension fund" of any municipal corporation, city or town.

Compulsory as (b) Where the State, county, municipal corporation, school district, to municipalities. cities under special charter and commission form of government is the employer, the terms, conditions, and provisions of this act for the payment of compensation and amount thereof for such injury sustained by an employee of such employer shall be exclusive, compulsory, and obligatory upon both employer and employee.

Defenses abrogated, when.

Suits.

Rejection of law by employer.

(c) An employer having the right under the provisions of this act to elect to reject the terms, conditions, and provisions thereof and [who] in such case exercises the right in the manner and form by this act provided, such employer shall not escape liability for personal injury sustained by an employee of such employer when the injury sustained arises out of and in the usual course of the employment because

(1) The employee assumed the risks inherent in or incidental to or arising out of his or her employment, or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business.

(2) That the injury was caused by the negligence of the coemployee. (3) That the employee was negligent unless and except it shall appear that such negligence was willful and with intent to cause the injury; or the result of intoxication [on] the part of the injured party.

(4) [d] In actions by an employee against an employer for personal injury sustained arising out of and in the course of the employment where the employer has elected to reject the provisions of this act, it shall be presumed that the injury to the employee was the direct result and growing out of the negligence of the employer; and that such negligence was the proximate cause of the injury; and in such cases the burden of proof shall rest upon the employer to rebut the presumption of negligence.

Every such employer shall be conclusively presumed to have elected to provide, secure, and pay compensation to employees for injuries sustained arising out of and in the course of the employment according to the provisions of this act, unless and until notice in writing of an election to the contrary shall have been given to the employees by posting the same in some conspicuous place at the place where the

business is carried on, and also by filing notice with the Iowa industrial commissioner with return thereon by affidavit showing the date that notice was posted as by this act provided: Provided, however, That any employer beginning business after the taking effect of this act and giving notice at once of his desire not to come under the provisions of this act, shall not be considered as under the act: Provided, however, That such employer shall not be relieved of the payment of con pensation as by this act provided until thirty days after the filing of such notice with the Iowa industrial commissioner, which notice shall be substantially in the following form:

EMPLOYERS' NOTICE TO REJECT.

To the employees of the undersigned, and the Iowa industrial commis- Form, sioner:

You and each of you are hereby notified that the undersigned rejects the terms, conditions, and provisions to provide, secure, and pay compensation to employees of the undersigned for injuries received as provided in the acts of the - (thirty-fifth) general assembly known as chapter (one hundred forty-seven), and elects to pay damages for personal injuries received by such employee under the common law and statutes of this State modified by subdivisions one, two, three, and four of section one, chapter - (one hundred forty-seven) of the acts of the-(thirty-fifth) general assembly and acts amendatory thereto.

State of Iowa,

of

County, ss:

Signed

The undersigned being first duly sworn deposes and says that a true, correct, and verbatim copy of the foregoing notice was on the day 19-, posted at (State fully place where posted.) Subscribed and sworn to before me by of ——, 19—.

this

day

Notary Public.

The employer shall keep such notice posted in some conspicuous place, which shall apply to the employees subsequently employed by the employer with the same force and effect and to the same extent and in like manner as employees in the employ at the time the notice was given.

Where the employer and employee have not given notice of an election to reject the terms of this act, every contract of hire, express or implied, shall be construed as an implied agreement between them and a part of the contract on the part of the employer to provide, secure, and pay, and on the part of the employee to accept compensation in the manner as by this act provided for all personal injuries sustained arising out of and in the course of the employment.

SEC. 2477-ml. No compensation under this act shall be allowed Willful injuries, for an injury caused:

(a) By the employee's willful intention to injure himself or to will fully injure another; nor shall compensation be paid to an injured employee af injury is sustained where intoxication of the employee was the proximate cause of the injury.

etc.

SEC. 2477-m2. (a) The rights and remedies provided in this act for Remedies clusive. an employee on account of injury shall be exclusive of all other rights and remedies of such employee, his personal or legal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury; and all employees affected by this act shall be conclusively presumed to have elected to take compensation in accordance with the terms, conditions, and provisions of this act until notice in writing shall have been served upon his employer, and also on the Iowa industrial commissioner, with return thereon by affidavit showing the date upon which notice was served upon the employer.

(b) In the event such employee elects to reject the terms, conditions, Rejection and provisions of this act, the rights and remedies thereof shall not employee, apply where an employee brings an action or takes proceedings to recover damages or compensation for injuries received growing out of and in the course of his employment, except as otherwise provided by this

by