account of personal injury, or makes any agreement, or submits any question to arbitration under this act, such action shall constitute a release to such employer of all claims or demands at law, if any, arising from such injury.

SEC. 2. If the provisions of this act relating to compensation for injuries to or death of workmen shall be repealed or adjudged invalid or unconstitutional, the period intervening between the occurrence of an injury or death and such repeal, or the final adjudication of invalidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury.

Repeals,

validity, etc.

SEC. 3. This act shall not affect any cause of action existing or pend- Prior causes. ing before it went into effect.

in

Interstate com

SEC. 4. The provisions of this act shall apply to employers and workmen engaged in intrastate commerce, and also to those engaged in inter- merce. state or foreign commerce, for whom a rule of liability or method of compensation has been or may be established by the Congress of the United States, only to the extent that their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, except that any such employer and any of his workmen working only in this State, may, subject to the approval of the industrial accident board, and so far as not forbidden by any act of Congress, voluntarily accept and become bound by the provisions of this act in like manner and with the same force and effect in all respects as is hereinbefore provided for other employers and their workmen.

SEC. 5. [Repealer.]

SEC. 6. The legislature intends that part five of this act shall be deemed separate from the other parts thereof, so that if said part five should fail or be adjudged invalid or unconstitutional it shall in no way affect any other part of this act.

SEC. 7. [Repealed.]

Approved March 20, 1912.

ACTS OF 1913.

ACT No. 388.-Compensation of workmen for injuries-Insurance of

State employees.

*

SECTION 1. On and after the passage of this act no officer or agent of this State ** shall pay out any public moneys or funds on account of any insurance * against any liability arising or that may arise under the provisions of act number ten of the first special session of nineteen hundred twelve [workmen's compensation bill], except in a manner hereinafter provided.

Part 5 separate.

Limitation of insurance.

Insurance by State for liability

SEC. 6. Upon July first, nineteen hundred thirteen, and annually thereafter the commissioner of insurance shall determine the pre- to employees. mium or assessment necessary to pay the compensation accruing under act number ten of the first special session of nineteen hundred twelve to persons in the service of the State, except that such premium shall not cover the medical and hospital services and medicines as required by said act, but the cost of same shall be paid by each State institution out of its current expense fund, and he shall then certify the same to the auditor general, and the auditor general shall order the State treasurer to credit to the "accident fund" created by the above-mentioned act the amount so certified, and the amount so credited by the State treasurer to said accident fund shall be debited by him to the current expense fund appropriated by the legislature for each State institution or department, and for the purposes of this act the State shall be entitled to all of the benefits and subject to all of the liabilities of an individual employer who has availed himself of the provisions of part five of said act number ten of the first special session of nineteen hundred twelve: Provided, however, That any credits that may be due the State under said act shall be credited to the respective funds or accounts contributing to said accident fund. Approved May 14, 1913.

Damages,

gated.

MINNESOTA.

ACTS OF 1913,

CHAPTER 467.-Employers' liability—Compensation of workmen for

injuries. PART 1.

EMPLOYERS' LIABILITY.

SECTION 1. When personal injury or death is caused to an employee by accident arising out of and in the course of his employment, of which injury the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he, or, in case of death, his personal representative, for the exclusive benefit of the surviving spouse and next of kin, shall receive compensation by way of damages therefor from his employer: Provided, The employee was himself not willfully negligent at the time of receiving such injury; and the question of whether the employee was willfully negligent shall be one of fact to be submitted to the jury, subject to the usual powers of the court over verdicts rendered contrary to the evidence, or to law.

Defenses abro- SEC. 2. In all cases brought under part 1 of this act it shall not be a defense (a) that the employee was negligent, unless and except it shall also appear that such negligence was willful; (b) that the injury was caused by the negligence of a fellow employee; (c) that the em ployee had assumed the risks inherent in, or incidental to the work or arising out of and in the course of his employment from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished except as provided in section 4.

Abrogation erates, when.

op

SEC. 3. If the employer elects not to come under part 2 of this act, he loses the right to interpose the three defenses named in section 2 in any action brought against him for personal injury or death of an employee.

Defenses al- SEC. 4. If the employer becomes subject to part 2 of this act and the lowed, when. employee does not, then the employer may set up such defenses as are available at the time of the passage of this act.

Death wrongful act.

Burden proof.

Lien for fees.

by

of

SEC. 5. The provisions of sections 1, 2, 3, and 4 shall apply to any claim for the death of an employee arising under section 4503 of chapter 84, Revised Laws of Minnesota, 1905, and the acts or parts of acts amendatory thereof, concerning death by wrongful act.

SEC. 6. In all actions at law brought pursuant to part 1 of this act, the burden of proof to establish willful negligence of the injured employee shall be upon the defendant.

SEC. 7. No claim for legal services or disbursements pertaining to any demand made or suit brought under the provisions of this act shall be an enforceable lien against the amount paid as compensation. or be valid or binding in any other respect, unless the same be approved in writing by the judge presiding at the trial, or in case of settlement without trial, by a judge of the district court: Provided, That if notice in writing be given the defendant of such claims for legal services or disbursements, the same shall be a lien against the amount paid as compensation, subject to determination of the amount and approval hereinbefore provided. All sums allowed as liens against such compensation or paid for legal, medical, and hospital services and other disbursements, shall be reported by the employee to the labor comissioner with terms of settlement as provided in section 24 of this act

PART 2.

ELECTIVE COMPENSATION.

exempt.

SECTION 8 (as amended by chapter 193, acts of 1915). This act shall Employments not be construed or held to apply to any common carrier by steam railroad, domestic servants, farm laborers, or persons whose employment at the time of the injury is casual, and not in the usual course of the trade, business, profession or occupation of his employer.

SEC. 9. If both employer and employee shall, by agreement, express Compensation or implied, or otherwise, as herein provided, become subject to part 2 payable, when. of this act, compensation according to the schedules hereinafter contained shall be paid by every such employer, in every case of personal injury or death of his employee, caused by accident, arising out of and in the course of employment, without regard to the question of negligence, except accidents which are intentionally self-inflicted or when the intoxication of such employee is the natural or proximate cause of the injury, and the burden of proof of such fact shall be upon the employer.

sive.

SEC. 10. Such agreement or the election hereinafter provided for Method exclushall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or determination thereof than as provided in part 2 of this act, and an acceptance of all the provisions of part 2 of this act, and shall bind the employee himself, and for compensation for his death shall bind his personal representative, the surviving spouse and next of kin, as well as the employer, and those conducting his business during bankruptcy or insolvency, for compensation for death or injury, as provided for by part 2 of this act. SEC. 11. All contracts of employment made after the taking effect of Presumption as this act shall be presumed to have been made with reference, and subject to the provision of part 2, unless otherwise expressly stated in the contract, in writing, or unless written or printed notice has been given by either party to the other, as hereinafter provided, that he does not accept the provisions of part 2. Every employer and every employee is presumed to have accepted and come under part 2 hereof, unless thirty (30) days prior to accident he shall have signified his election not to accept or be bound by the provisions of part 2. This election not to accept part 2 shall be by notice as follows:

The employer shall post and keep posted in his shop or place of business a written or printed notice of his election not to be bound by part 2 hereof and file a duplicate thereof with the labor commissioner.

The employee shall give written or printed notice to the employer of his election not to be bound by part 2, and file a duplicate with proof of service attached thereto with the labor commissioner.

SEC. 12 (as amended by chapter 209, acts of 1915). Either party may terminate his acceptance or his election not to accept of the provisions of part 2 by thirty (30) days' written notice to the other, such notice to be given as provided in section 11. A duplicate of such notice, with proof of service attached thereto, shall be filed with the labor commissioner and the time shall not begin to run until the notice is so filed.

SEC. 12a (added by chapter 209, acts of 1915). Minors who are permitted to work by the laws of the State shall, for the purposes of part 2 of this act, have the same power to contract, make election of remedy, make settlements, and receive compensation as adult employees, subject, however, to the power of the court, in its discretion, at any time to require the appointment of a guardian to make such settlement and to receive moneys thereunder or under an award.

to contracts.

Termination of agreement.

Minors.

ability.

Sec. 13 (as amended by chapter 44, acts of extra session, 1919). Fol- Temporary dislowing is the schedule of compensation: (a) For injury producing temporary total disability, sixty-six and two-thirds per centum of the wages received at the time of the injury, subject to a maximum compensation of fifteen ($15) dollars per week and a minimum of six and one-half ($6.50) dollars per week: Provided, That if at the time of injury the employee receives wages of less than six and one-half ($6.50) dollars per week, then he shall receive the full amount of such wages per week. This compensation shall be paid during the period of such disability,

not, however, beyond three hundred weeks, payment to be made at the intervals when the wage was payable, as nearly as may be.

(b) In all cases of temporary partial disability the compensation shall be sixty-six and two-thirds per cent of the difference between the wage of the workman at the time of the injury, and the wage he is able to earn in his partially disabled condition. This compensation shall be paid during the period of such disability, not, however, beyond three hundred weeks, payment to be made at the intervals when the wage was payable, as nearly as may be and subject to the same maximum as stated in clause (a).

(c) For the permanent partial disability, the compensation shall be based upon the extent of such disability." In cases included by the following schedule the compensation shall be that named in the schedule, to wit:

For the loss of a thumb, sixty-six and two-thirds per centum of daily wages during sixty (60) weeks.

For the loss of a first finger, commonly called index finger, sixty-six and two-thirds per centum of daily wages during thirty-five (35) weeks. For the loss of a second finger, sixty-six and two-thirds per centum of daily wages during thirty (30) weeks.

For the loss of a third finger, sixty-six and two-thirds per centum of daily wages during twenty (20) weeks.

For the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds per centum of daily wages during fifteen (15) weeks.

The loss of the first phalange of the thumb, or of any finger, shall be considered equal to the loss of one-half of such thumb or finger, and compensation shall be paid at the prescribed rate during one-half the time specified above for such thumb or finger.

The loss of more than one phalange shall be considered as the loss of the entire finger or thumb: Provided, however, That in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

For the loss of a great toe, sixty-six and two-thirds per centum of daily wages during thirty (30) weeks.

For the loss of one of the toes other than a great toe, sixty-six and two-thirds per centum of daily wages during ten (10) weeks.

The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be paid at the prescribed rate during one-half the time specified above for such toe. The loss of more than one phalange shall be considered as the loss of entire toe.

For the loss of a hand, sixty-six and two-thirds per centum of daily wages during one hundred and fifty (150) weeks.

For the loss of an arm sixty-six and two-thirds per centum of daily wages during two hundred (200) weeks.

For the loss of an arm below the elbow, sixty-six and two-thirds per centum of daily wages during one hundred and seventy-five (175) weeks.

For the loss of a foot, sixty-six and two-thirds per centum of daily wages during one hundred and twenty-five (125) weeks.

For the loss of a leg, sixty-six and two-thirds per centum of daily wages during one hundred and seventy-five (175) weeks.

For the loss of an eye, sixty-six and two-thirds per centum of daily wages during one hundred (100) weeks.

For the complete permanent loss of hearing in both ears, sixtyand two-thirds per centum of daily wages during one hundred and fifty-six (156) weeks.

For the loss of an eye and a leg, sixty-six and two-thirds per centum of daily wages during three hundred and fifty (350) weeks.

For the loss of an eye and an arm, sixty-six and two-thirds per centum

of daily wages during three hundred and fifty (350) weeks.

For the loss of an eye and a hand, sixty-six and two-thirds per centum

of daily wages during three hundred and twenty-five (325) weeks.
For the loss of an eye and a foot, sixty-six and two-thirds per centum
of daily wages during three hundred (300) weeks.

For the loss of two arms other than at the shoulder, sixty-six and two-thirds per centum of daily wages during four hundred (400) weeks.

For the loss of two hands, sixty-six and two-thirds per centum of daily wages during four hundred (400) weeks.

For the loss of two legs, sixty-six and two-thirds per centum of daily wages during four hundred (400) weeks.

For the loss of two feet, sixty-six and two-thirds per centum of daily wages during four hundred (400) weeks.

For the loss of one arm and the other hand, sixty-six and two-thirds per centum of the daily wages during four hundred (400) weeks.

For the loss of one hand and one foot, sixty-six and two-thirds per centum of the daily wages during four hundred (400) weeks.

For the loss of one leg and the other foot, sixty-six and two-thirds per centum of the daily wages during four hundred (400) weeks.

For the loss of one leg and one hand, sixty-six and two-thirds per centum of the daily wages during four hundred (400) weeks.

For the loss of one arm and one foot, sixty-six and two-thirds per centum of the daily wages during four hundred (400) weeks.

For the loss of one arm and one leg, sixty-six and two-thirds per centum of the daily wages during four hundred (400) weeks.

Concurrent in

Where an employee sustains concurrent injuries resulting in concurrent disabilities, he shall receive compensation only for the injury juries. which produced the longest period of disability, but this section shall not affect liability for the concurrent loss of more than one member, for which members compensations are provided in the specific schedule and in subsection (e) below.

In all cases of permanent partial disability it shall be considered that Loss of use. the permanent loss of the use of member shall be equivalent to and draw the same compensation as the loss of that member; but the compensation in and by said schedule provided, shall be in lieu of all other compensation in such cases.

In cases of permanent partial disability due to injury to a member, resulting in less than total loss of such member not otherwise compensated in this schedule, compensation shall be paid at the prescribed rate during that part of the time specified in the schedule for the total loss of the respective member, which the extent of injury to the member bears to its total loss.

All compensations provided in clause (c) of this section for loss of members or loss of use of members are subject to the same limitations as to maximum and minimum as are stated in clause (a).

In all other cases of permanent partial disability not above enumerated the compensation shall be sixty-six and two-thirds per centum of the difference between the wage of the workman at the time of the injury and the wage he is able to earn in his partially disabled condition subject to a maximum of fifteen ($15) dollars per week. Compensation shall continue during disability, not, however, beyond three hundred (300) weeks.

(d) For permanent total disability as defined in subsection (e) below, sixty-six and two-thirds per centum of the wages received at the time of the injury, subject to a maximum compensation of fifteen ($15) dollars per week and a minimum compensation of six and one-half ($6.50) dollars per week: Provided, That if at the time of injury the employee was receiving wages of less than six and one-half ($6.50) dollars per week, then he shall receive the full amount of his wages per week. This compensation shall be paid during such permanent total disability not exceeding five hundred and fifty (550) weeks; but in all such cases drawing more compensation than six and one-half ($6.50) dollars per week, the payments after the first four hundred (400) weeks shall be reduced to six and one-half ($6.50) dollars per week for the remainder for the five hundred and fifty (550) weeks, while the permanent total disability continues; payments to be made at the intervals when the wage was payable as nearly as may be: Provided, however, That in case an employee who is permanently and totally disabled, becomes an inmate of a public institution, then no compensation shall be payable unless he has wholly dependent on him for support a person or persons 177982-21-Bull, 272-39

Cases not enumerated.

Permanent total disability.