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lars as he may require. Statement of accident to be sent to Factory Inspector within 24 hours. The employer must furnish insurance or may contract with workmen for substitution of scheme of compensation, benefit or insurance for the provisions of this act.

VIII. SETTLEMENTS-AGREEMENT.

Compensation under this act may be settled by agreement.

IX. WAIVER.

No provision considering this subject.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

Principal liable for compensation under this act to workman of contractor under such principal; where principal pays compensation he is entitled to indemnity. A principal contractor when sued by workman of subcontractor shall have right to implead contractor.

XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

Where death results and dependents have agreed to compensation and amount and apportionment between agreed to or otherwise determined, the employer may pay compensation to them or an administrator and thereupon be discharged from further liability.

Employer may contract with workmen for substitution of scheme of compensation, benefit or insurance for provisions of this act; the certificate of Superintendent of Insurance with written approval of Attorney-General required.

XII. SUBROGATION.

Insurer subrogated to rights and duties of employer where payment of compensation is insured at expense of employer. Where injury for which compensation was payable was caused under circumstances creating legal liability against third person, the workman may proceed against that person to recover damages and

against any person liable for compensation under act, and if workman recovers compensation under act, the person by whom compensation was paid shall be entitled to indemnity from person liable to pay damages and shall be subrogated to rights of workman to recover damages therefor.

XIII. PRE-EXISTING DISEASES AND INJURIES.

If workman has suffered previous disability and receives later injury, the effects of which together with previous disability shall result in total permanent disability, in that event compensation due workman shall be difference between amount provided in schedule for his prior injury and total sum which would be due said employee for such total disability computed as provided in section 3.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

After injury employee shall, upon request of employer, submit to examination at reasonable time and place to reputable physician or surgeon selected by employer, and shall submit for examination during pendency of claim and receipt of payments not oftener than once in four weeks. If employee requests he shall be entitled to have physician of his own selection present. If employee refuses to submit to examination or obstructs same, right to compensation shall remain suspended until he submits to examination.

XV. JURISDICTION AND PROCEDURE.

If compensation is not settled by agreement, settlement may be by committee representative of employer and employee, if neither party objects; if either party objects, it shall be settled by single arbitrator agreed upon or appointed by court, who shall give parties opportunity to be heard and shall make and file an award in office of clerk of proper District Court within sixty days after selections and shall give notice by mail. At any time after agreement or award is filed, workman may apply to District Court for judgment.

Workman's right to compensation under act may, in default of agreement or arbitration, be determined

and enforced by action in any court of competent jurisdiction.

At any time within one year after agreement or award is filed, judge of District Court may cancel such agreement or award upon such terms as may be just, if employee has returned to work and is earning same or higher wages, or was obtained by fraud, or committee acted without authority, or award is grossly inadequate or excessive.

KENTUCKY.

(Enacted 1916; Carroll Statute, Volume III, 1918, Chapter 137; Amended Acts 1920, Chapter 37; Acts 1922, Chapter 50.)

I. SCOPE AND APPLICATION.

1. Applies to all employers having three or more employees regularly engaged in same occupation or business and includes municipal corporations and any political subdivision. thereof and any election shall be exercised by governing body thereof; it does not apply to domestic employment, agriculture, steam railroads or such common carriers other than steam railways for which a rule of liability is provided by laws of United States. Any employers and employees excepted from provisions of act, including employers having less than three employees, may subject themselves thereto by joint voluntary application in writing. Election of employers and employees to operate under the act shall be effected by filing with Board notice of intention to so operate.

2. If at time of injury both employer and employee have elected to furnish compensation under act for injury or death arising out of and in course of employment, the employer shall be liable to pay compensation under act and shall be released from all other liability whatsoever; however, if injury or death is through deliberate intention of employer, the employee or dependents shall receive lump sum to prosecute suit against said employer for any amount they may desire; if suit is brought all right to compensation is waived.

3. Employer failing to elect to operate under act shall not in suit at law by employee for injury or death be permitted to defend upon ground: (1) employee was guilty of contributory negligence; (2) injury caused by fellow servant; (3) employee assumed the risk.

Every employee who does not elect to operate under act in action at law against employer operating under act may proceed at law as if this act had not been enacted and employer may avail himself of common law defenses.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH, WHICH RESULTS IN TWO YEARS:

(a) One or more wholly dependent, 65 per cent of average weekly earnings, but not to exceed $12.00 per week nor less than $5.00, such payments to be made for period between date of death and 335 weeks after accident, or until the intervening termination of dependency, no case to exceed maximum of $4,000.00.

(b) If partly dependent persons, payment shall be such part of what would be payable for total dependency as partial dependency exists at time of accident may be proportionate to total dependency, all payments for period between date of death and 335 weeks after date of accident, or until intervening termination of dependency, not to exceed maximum of $4,000.00. Partial dependency determined by proportion of earnings contributed to partial dependents during one year next preceding date of injury; if relation shall not have existed for one year, Board to determine from facts.

(c) If no dependents, burial and medical expenses and further sum of $100.00 to be made to personal representative. (d) Following persons presumed wholly dependent: Wife upon husband, where no abandonment; husband incapacitated from wage earning upon wife; child under 16 or over 16 if incapacitated from earning, upon parent with whom children are living and by whom actually supported. Dependency determined on facts, but must be living in household at time of accident or unless relation of father, mother, husband or wife, father-in-law or mother-in-law, grandfather or grandmother, child or grandchild, brother or sister of whole blood exist. Compensation to dependent shall cease at death or marriage, and upon cessation payable to any other person entitled, for unexpired period.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid medical. Such medical, surgical and hospital treatment, including nursing and supplies, as may be reasonably required, not exceeding 90 days, nor total expense of more than $100.00, unless Board shall direct extension of limit to $200.00.

(c) Temporary partial disability. Except first seven days, a weekly compensation equal to 65 per cent of difference. between his average weekly earnings which he earns or is able to earn in some suitable employment after injury. and during disability, not to exceed 333 weeks from date

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