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النشر الإلكتروني

XII. SUBROGATION.

For injury or death for which compensation is payable under Part 2 of act is occasioned under circumstances creating legal liability of any other than employer, such other party being also subject to the provisions of Part 2, the employee, or his dependents in case of death, at his or their option may proceed either at law against such other parties or against the employer for compensation, but cannot proceed against both. If employee, or representatives in case of death, choose to bring action against other party, employer relieved; if, however, employee or his dependents elect to receive compensation from employer, then the latter shall be subrogated to the right of the employee to recover against such other party and may bring legal proceedings against such other party and recover to the extent that the employer is compelled to pay, together with reasonable attorney's fees expended by him in that behalf. Where such other party is not under the provisions of Part 2 of the act, employee has a right to recover damages notwithstanding the payment to him of his employer, and, in that event, employer has a right to deduct from the compensation that may be payable to such employee such amount as such employee has received from such other party. (Full text, see Section 32 of Act.)

XIII. PRE-EXISTING DISEASE AND INJURIES.

One receiving an injury, the degree or duration of disability is increased or prolonged because of a preexisting injury or infirmity, the employer shall be liable only for the disability that would have resulted from the accident had the earlier injury or infirmity not existed.

Where an employee has previously lost the sight of an eye or a leg or an arm, and thereafter, in the same employment or in the employment of another, he should by accident receive additional injury so as to proximately cause the loss of both eyes or both legs or both arms, then employee shall receive three-fourths only of the amount provided for one who has received a permanent total disability.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Employee shall submit to examination by employer's physician at all reasonable times. Employee to have the right of a physician of his at said examination. Employee refusing to comply with any reasonable request for examination or refuses to submit to medical or surgical treatment which employer elects to furnish, right to compensation is suspended during period of refusal.

XV. JURISDICTION AND PROCEDURE.

A dispute between employer and employee or dependents of a deceased employee with respect to right or amount of compensation, they may submit such controversy to the Circuit Court of county having civil jurisdiction. The Judge of said court shall hear and determine the same as a civil action would be heard under the same rules, and his decision shall be conclusive and binding between the parties, subject to the right of appeal.

Either party mav file a verified complaint in said court. setting forth the emplovment, relations, full description of injury, nature and extent thereof. earnings, notice of the emplover or notice to him of accident, and other facts necessary for Court to determine amount, if any, of compensation due; summons shall issue by the clerk, accompanied by copy of complaint, and employer shall file a verified answer to the complaint, setting up facts he relied on for defense. Judgment shall be entered in the same. manner as other causes. Provided, that nothing herein contained shall be construed as limiting the jurisdiction of the Supreme Court or Court of Appeals to review questions of law by certiorari.

ALASKA.

(Laws of Alaska, 1915, page 146; Amended Laws of, 1917, Chapter 44.)

I. SCOPE AND APPLICATION.

1. Applies to any persons, partnership, joint stock company, association or corporation employing five or more employees in connection with mining operation who shall not have given notice of rejection of provisions of act, provided employee had not prior to injury given notice to reject act. When five or more are employed it is presumed employer elected to pay compensation. Contractor and sub-contractor deemed employer.

2. Right to compensation and remedy granted supersedes existing remedies and in lieu thereof.

3. If employer rejects act, he shall be liable, notwithstanding common-law doctrines and burden of proof to rebut presumptions of negligence upon employer. If employee rejects act, in action for damages for injuries growing out of course of employment, the employer to have the right to plead common-law defenses, provided in case of employer's negligence, defense of assumption of risk not to apply. Where both reject provision of act, liability of employer shall be the same as though the employee had not rejected and employer has rejected.

4. When notice to reject not given the act to be a part of every contract of hire.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH:

(a) When employee leaves a widow she shall be entitled to $3,000.00.

(b) Where employee had children under age of sixteen years, his widow shall receive. in addition to sum specified under (a), the sum of $600.00 for each child under sixteen years of age or child wholly dependent on parents or unborn child, not to exceed $6,000.00.

(c) Where employee left either father or mother dependent upon him, the sum of $600.00 to be paid to such father or mother or both, in addition to the sum payable to widow, total not to exceed $6,000.00, and payments to which widow and children entitled to be first paid out of said $6,000.00.

(d) Where deceased employee was unmarried, survived by either father or mother, who was dependent on him, such father or mother shall be paid $1,200.00.

(e) Where employee was survived by father and mother, both dependents, such father and mother shall be paid $1,200.00. (f) Where employee was widower, but left one or more minor orphan children, there shall be paid the sum of $3,000.00, and $600.00 additional to each child under sixteen, the total not to exceed $6,000.00.

(g) If no dependents, funeral expenses not to exceed $150.00 and such other expenses not to exceed $150.00.

2. INJURIES NOT RESULTING IN DEATH:

(a) First aid, medical and hospital. No such provisions. (b) Total temporary disability. Fifty per cent of daily wages, not to exceed six months.

(c) Temporary partial disability. No provision. (d) Permanent partial disability. Where partially disabled, and disability becomes permanent and not within any of specific causes for which provision is made, such employee shall receive a sum which will bear relation to amount entitled to receive if totally and permanently disabled, that the loss of earning capacity by reason of accident bears to earning capacity of such employee would have had had he not been injured, not to exceed $4,800.00.

(e) Disfigurement. No such provision.

(f) Specific injuries. Loss of thumb, if unmarried, $480.00; if married and no children, $600.00; if married or widower with one or more children, $720.00; loss of index finger, if unmarried, $300; if married and no children, $390.00; if married or widower with one or more children, $480.00; loss of other finger than index finger and thumb, $180.00; loss of great toe, $300.00; loss of any other toe than great toe, $120.00; loss of hand, if employee unmarried, $1,440; if married and no children, $1,920.00; if married or widower with one child, $1,920.00, and $240.00 for each additional child, not to exceed $2,400.00; for losss of arm, if unmarried, $1,800.00; if married and no children, $2,400.00; if married or widower with one child, $2,400.00, and $300.00 for each additional child, not to exceed $3,000.00; for loss of foot, if unmarried, $1,440.00; if married but no children, $1,800.00; if married or widower and one child, $1,920.00, and $240.00 for each additional child, not exceeding $2,400.00; loss of leg, if unmarried, $1,800.00; if married, but no children, $2,400.00, if married or a widower and one child, $2,400.00, with $300.00 for each additional child, not to exceed $3,000.00; for loss of eye, if unmarried, $1,440.00; if married, but

no children, $1,920.00; if married or widower and one child, $1,920.00, plus $240.00 for each additional child, not to exceed $2,400.00; for loss of an ear, $240.00; for loss of nose, $480.00.

(g) Total permanent disability. If married, $4,800.00, with $600.00 for each additional child under age of sixteen years, total not to exceed $6,000.00; if unmarried, but father and mother dependent, $4,200.00; if unmarried, but both father and mother dependent, $4,800.00; if employee was divorced or widower, but had minor children, he shall receive $3,600.00, with additional sum of $600.00 for each child under sixteen years, not to exceed $6,000.00; if single without dependents, $3,600.00.

The loss of both hands, both arms, both feet, both legs or both eyes, or any two thereof, constitutes permanent total disability and shall be compensated as such.

III. BASIS OF COMPENSATION.

In computing permanent partial disability, if employee were of a class that would entitle him to $4,800 under schedule if totally and permanently disabled and injury would be such as to reduce earning capacity 25 per cent, employee would be entitled to receive $1,200, it being the amount that bears the same relation to $4,800 that 25 per cent does to 100 per cent. Should such employee receive an injury that impairs earning capacity 75 per cent he would receive $3,600, it being the amount that bears the same relation to $4,800 that 75 per cent does to 100 per cent.

If employee entitled to compensation under schedule shall afterwards develop he was entitled to higher rate of compensation, then he shall receive such higher rate after deducting amount already paid, but additional disability must develop within two years after injury.

IV. LUMP SUM.

No such provision.

V. WAITING PERIOD.

No compensation shall be paid for injury which does not incapacitate employee for a period of at least two weeks from earning full wages, but if incapacity extends beyond period of two weeks compensation begins on 15th day after injury; if disability continues eight weeks or longer, compensation to be computed from date of injury.

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