made and a total statement of the expense of the compensation commissioner, together with any other matters which the compensation commissioner deems proper to include, as well as any recommendations he may desire to make. (g) Every claim for benefits under the provisions of Article VIII, Claims. chapter 35, Revised Statutes of Nebraska for the year 1913, and any act or acts amendatory thereof, may be presented to the compensation commissioner for adjudication and an order and an award. Any party at interest may present a claim in person or by an attorney. Every order and award of the compensation commissioner shall be binding upon each party at interest unless notice of intention to appeal to the district court has been filed with the compensation commissioner within seven days following the date of rendition of the order of award: Provided, That the order and award shall be binding and final, notwithstanding notice of intention to appeal has been filed within the time limit, until the appeal has been perfected and service had upon the. opposite party or parties. (h) Each applicant for an order or an award by the compensation Costs. commissioner shall pay all expense of his or their own making: Provided, That there shall be no filing fees charged by the compensation commissioner, and that the compensation commissioner may, at his discretion, assess the costs of the applicant or applicants against the respondent or respondents as in like manner done in courts of the State. erable. SEC. 30. In case for any resaon any paragraph or any provision of Provisions sev Article VIII, chapter 35, Revised Statutes of Nebraska for 1913, or any paragraph or any provision of this act shall be questioned in any court and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other paragraph or provision of Article VIII, chapter 35, Revised Statutes of Nebraska for 1913, or any paragraph or any provision of this act, except that Parts I and II of said article are hereby declared to be inseparable, and if either part be declared void or inoperative in an essential part, so that the whole of such part must fall, the other part shall fall with it and not stand alone. Part I of this article shall not apply in cases where Part II becomes operative in accordance with the provisions thereof, but shall apply in all other cases when the employer is subject to the provisions of this article and in such cases shall be in extension or modification of the common law. Effect of elec NEVADA. ACTS OF 1913. CHAPTER 111.-Compensation of workmen for injuries. SECTION 1 (as amended by ch. 233, acts of 1917). (a) When, as tion by employ in this act provided, an employer shall accept the terms of this act and ers. Compulsory as ployees. be governed by its provisions, every such employer shall be conclusively presumed to have elected to provide, secure, and pay compensation according to the terms, conditions, and provisions of this act for any and all personal injuries by accident 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. (b) Where a State, county, municipal corporation, school district, to public em- cities under special charter and commission form of government is the employer, the terms, conditions, and provisions of this act, for the payment of premiums to the State insurance fund for the payment of compensation and amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory, and obliga tory upon both employer and employee. Failure of employers to elect. (c) If an employer having the right under the provisions of this act to accept the terms, conditions and provisions thereof, shall fail to accept the same as herein provided, every such employer shall be deemed to have rejected the terms, conditions, and provisions thereof, and in such case such employer shall not escape liability for personal injury by accident sustained by an employee of such employer when the injury sustained arises out of and in the usual course of the employment, because: Defenses abro- (1) The employee assumed the risks inherent or incidental to or gated. arising out of his or her employment; or the risks arising from the failure of the employer to provide and maintain a reasonably sais 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 em ployees in the business. Presumptions. That the injury was caused by the negligence of a coemployee. (3) That the employee was negligent, unless and except it shall ap pear that such negligence was willful and with intent to cause the injury or the result of the intoxication on the part of the injured party. (4) In actions by an employee against an employer for personal injuries sustained, arising out of and in the course of the employment where the employer has rejected the provisions of this act, it shall be presumed that the injury to the employee was the first result, and growing out of the negligence of the employer, and that such negligence was the proximate cause of the injury; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence. (d) Every such employer shall be conclusively presumed not 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 writ ing of an election to accept shall have been given to the Nevada indastrial commission, substantially in the following form: EMPLOYER'S NOTICE TO ACCEPT. Notice by employers. To the Nevada industrial commission: You are hereby notified that the undersigned accepts the provisions of the "Nevada Industrial Insurance Act.' Signed Effect on con- (e) Where the employer has given notice of an election to accept the terms of this act, and the employee has not given notice of an election tracts. to reject the terms of this act, every contract to 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 employment. Every such employer electing to be governed by the provisions Payment of this act, before becoming entitled to the benefits of the act in the premiums. providing, securing, and paying of compensation to the employees thereunder, shall on or before the first day of July, 1917, and thereafter during the period of his election to be governed by the provisions of the act, pay to the Nevada industrial commission all premiums in the manner hereinafter provided; and during the period of his election to be governed by the provisions of the act shall comply with all conditions and provisions of the act, hereinafter stated. Notice of rejec (g) Failure on the part of any such employer to pay the premiums as by the provisions of this act required shall operate as a rejection of the tion to be posted. terms of this act. In the event of any rejection of this act or the terms hereof, such rejecting employer shall post a notice of rejection of the terms of the act upon his premises in a conspicuous place. Failure to post said notice shall constitute a misdemeanor. (h) It shall be the duty of such employer at all times to maintain the notice or notices so provided for the information of his employees, and any person failing so to maintain the same shall be guilty of a misdemeanor. SEC. 2. No compensation under this act shall be allowed for an injury caused: (a) By the employee's willful intention to injure himself or to willfully injure another; nor shall compensation be paid to an injured employee if injury is sustained while intoxicated. Willful inteat. SEC. 24 (added by ch. 233, acts of 1917). It shall be unlawful for any No deductions employer who has elected to reject the terms, conditions and provisions from wages. of this act, to make any charge against an employee, or to deduct from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his rejection of the Nevada industrial insurance act. Any such employer who makes a deduction for such purpose from the salary or wage of any employee shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than one hundred ($100) dollars nor more than five hundred ($500) dollars for each offense. It is hereby made the duty of the district attorney of the county where a violation of this provision is charged to prosecute such cases upon complaint of the commission, or upon complaint of any employee who submits proper evidence of a violation of this provision. SEC. 3. (a) The rights and remedies provided in this act for an employee on account of an 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; 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 Nevada industrial commission, with return thereon by affidavit showing the date upon which notice was served upon the employer. Remedy exclu. sive. Suits by em. (b) In the event that such employee elects to reject the terms, conditions, and provisions of this act, the rights and remedies thereof ployees. shall not 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 act; and in such actions where the employee has rejected the terms of this act the employer shall have the right to plead and rely upon any and all defenses, including those at common law, and the rules and defenses of contributory negligence, assumption of risk and fellow servant shall apply and be available to the employer unless otherwise provided in this act: Provided, however, That if an employee sustains an injury as the result of the employer's failure to furnish or fails to exercise reasonable care to keep or maintain any of Who are em. ployers. safety device required by statute or rule, or violate any of the statutory provisions or rules and regulations now or hereafter in force relating to safety of employees, the doctrine of assumed risk in such case growing out of the negligence of the employer shall not apply or be available as defensive matter to such offending party. The notice required to be given by an employee shall be substantially in the following form: EMPLOYEE'S NOTICE TO REJECT TERMS OF THIS ACT. To (name of employer) and the Nevada industrial commission: You and each of you are hereby notified that the undersigned elects to reject the terms, conditions, and provisions of an act for the payment of compensation as provided by the industrial insurance act of the State of Nevada and acts amendatory thereto, and elects to rely upon the common law as modified by section 3 of the said act for the right to recover for personal injury which I may receive, if any, growing out of and arising from the employment while in line of duty for my employer above named. (Signed) Dated this day of 19-. The undersigned being first duly sworn, deposes and says that the written notice was on the day of -, 19, served on the within-named employer of the undersigned by delivering to (name of person served) a true, correct, and verbatim copy thereof. Subscribed and sworn (or affirmed) to before me by the saidthis day of 19-. -, Notary Public. SEC. 4 (as amended by ch. 233, acts of 1917). (a) When the employer has accepted the terms of this act, or the employee has rejected the terms thereof in compliance with the provisions of this act, such election shall continue and be in force until such employer shall thereafter reject the provisions of this act, or said employee accept the provisions of this act, respectively, as provided in subsection (b) of this section. (b) When an employer accepts, or an employee rejects, the provisions of this act, such party may at any time thereafter elect to waive such acceptance or rejection by giving notice in writing in the same manner required by the employer in accepting, or by the employee in rejecting, the provisions of this act, and which shall become effective when filed with the Nevada industrial commission. SEC. 5. Where the employer and employee elect to reject the terms, conditions, and provisions of this act, the liability of the employer shall be the same as though the employee had not rejected the terms, conditions, and provisions thereof. SEC. 6. An employer having come under this act, who thereafter elects to reject the terms, conditions, and provisions thereof, shall not be relieved from the payment of premiums to Nevada industrial com mission prior to the time his notice of rejection becomes effective; and said premiums may be recovered in an action at law as hereinafter in this act provided. SEC. 7 (as amended by ch. 176, acts of 1919). When an employee coming under the provisions of the act receives an injury for which compensation is payable under this act and which injury was caused under circumstances creating a legal liability in some person other than the employer, to pay damages in respect thereof: (a) The employee or beneficiary may take proceedings against that person to recover damages, but the amount of the compensation to which he is entitled under this act shall be reduced by the amount of the damages recovered. (b) If the employee or beneficiary in such case receives compensation under this act, the Nevada industrial commission by whom the compensation was paid, shall be entitled to indemnity from the person so liable to pay damages as aforesaid, and shall be subrogated to the rights of the employee to recover therefor. SEC. 74 (added by ch. 176, acts of 1919). (a) The term "employer" as used in this act shall be construed to mean: The State, and each county, city and county, city, school district and all public corpora tions and quasi-public corporations therein, and every person, firm, voluntary association, and private corporation, including any publicservice corporation, which has any person in service under any appointment or contract of hire, or apprenticeship, expressed or implied, oral or written, and the legal representative of any deceased employer. (b) The term "employee" as used in this act shall be construed to Employees. mean: Every person in the service of an employer as defined in subdivision (a) of this section under any appointment or contract of hire or apprenticeship, expressed or implied, oral or written, including aliens, and also including minors, whether lawfully or unlawfully employed, and all elected and appointed paid public officers, and all officers and members of boards of directors of quasi-public or private corporations while rendering actual service for such corporation for pay, and a working member of a partnership receiving wages irrespective of profits from such partnership, but excluding any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer: Provided, That the term "casual" as used herein shall be taken to refer only to employments where the work contemplated is to be completed in not exceeding ten working days, without regard to the number of men employed and where the total labor cost of such work is less than one hundred dollars. (c) Workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of the labor on a particular piece of work, shall be deemed employees of the person having such work executed, and, in the event that the average monthly wages are not otherwise ascertainable, shall be deemed to be employed at the average monthly wages of workmen engaged in like work in the same locality. (d) Workmen, commonly called "leasers," engaged individually or in association with other workmen in performing manual labor upon the mining property of another in the expectation of finding, developing, or extracting ore or mineral of value under an agreement, oral or written, to share in whole or in part the value of the ore or minerals found, developed, or extracted with the lessor, shall be deemed employees of such lessor, and for the purposes of this act shall be deemed to be employed at the average wage paid to regularly employed miners in the locality. Board of appointment. SEC. 8 (as amended by ch. 190, acts of 1915). (a) The administration Industrial comof this act on and after April 1, 1915, is hereby imposed upon a commis- mission. sion to be known as the Nevada industrial commission, and said commission, to consist of three commissioners, is hereby created. The governor, attorney general, and inspector of mines shall constitute an industrial commission board for the appointment of such commissioners. Vacancies shall be filled in the same manner for unexpired terms. No more than two of the commission shall be members of the same political party at the date of any appointment. Each commissioner shall hold office for the term of four years from and after date of his appointment, and until his successor shall be appointed and shall have qualified. One commissioner shall be designated by the governor to be, and upon being so designated shall be, chairman of the commission. A decision on any question arising under the act concurred in by two of the commissioners shall be the decision of the commission. (b) The industrial commission board may remove any commissioner Removal of for inefficiency, neglect of duty, or misconduct in office, giving him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days' notice. If such commissioner shall be removed the industrial commission board shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and the findings thereon, together with a complete record of the proceedings. (e) Each commissioner shall receive as compensation for his services Salaries. the sum of ten dollars per day for all days in which he is actually engaged in the business of the commission, which in no case shall members. |