XI. EMPLOYERS MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

No provision considering this subject.

XII. SUBROGATION.

When injury for which compensation is payable shall have been sustained under circumstances creating legal liability in a third person, the injured employee at his option may either claim compensation under act or proceed at law against such third person, and if compensation is awarded any employer having paid compensation or having become liable shall be subrogated to rights of injured employee to recover against third person; provided, if employer recover excess of compensation already paid then such excess shall be paid to injured employee, less employer's expenses and cost of action. Approval of claims and distribution of proceeds must have approval of court or of chairman of Commission.

XIII. PRE-EXISTING DISEASES AND INJURIES.

The fact that employee has suffered a previous injury or received compensation therefor shall not preclude compensation for later injury or death, but in determining compensation for later injury or death, his "average weekly wages" shall be such sum as will reasonably represent his weekly earning capacity at time of later injury in employment in which he was working at such time, and shall be arrived at according to and subject to limitations of previous provisions.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Employee, after injury, at all reasonable times during continuance of disability, if so requested by employer, shall submit to examination by physician. or surgeon authorized to practice medicine under laws of state to be selected and paid by employer. Employee shall have right to have physician employed by himself present at such examination. Chairman or associate legal member may, after injury, appoint a physician or surgeon to act as medical examiner. If employee refuses to submit to examination or ob

structs same, his compensation during such period may be forfeited.

XV. JURISDICTION AND PROCEDURE.

The Industrial Accident Commission shall consist of four members. If employer and employee reach an agreement in regard to compensation a memorandum of such agreement signed by parties shall be filed in office of Commission and if approved shall be entered in records. If not approved and parties fail to reach agreement, either employer or employee or dependents may file a petition setting forth facts and state matter in dispute and claims of the petitioner thereto. Within four days copy shall be mailed to other parties named or notice given, and within ten days answer to be filed and amendments may be made. A time for hearing shall be filed on three days notice and, if facts are in dispute, from the evidence furnished the chairman or associate legal member shall in summary manner decide controversy, and his decision, finding of facts and rulings of law and other matters pertinent to questions raised shall be filed in office of Commission and copy mailed to parties in interest. Any interested party may present certified copies or order or decision of Commission, or memorandum or agreement approved by Commissioner to clerk of court in county where injury occurred, and Justice of Supreme Judicial Court shall render a decree in accordance therewith, such decree having same effect as though rendered in suit in equity, except there shall be no appeal from questions of fact or where decree is based upon agreement approved by Commissioner. Upon appeal proceedings shall be the same as appeals in equity procedure and law court may, after consideration, reverse or modify any decree made by a Justice based upon an erroneous ruling or finding of law. Agreement or decision of chairman or associate legal member of Commission shall have same effect as judgment of Court, and may be certified and shall be enforceable by Supreme Judicial Court.

At any time before expiration of two years from date of approval of agreement or entry of decree fixing compensation or before expiration of period for which compensation has been fixed by agreement or

decree any agreement, award, findings or decree may from time to time be reviewed upon application of either party, after due notice, upon ground incapacity has subsequently ended, increased or diminished.

MARYLAND.

(Enacted 1914, Chapter 800; Annotated Code, Volume IV, Art. 91; Amended Laws 1920, Chapters 456, 519; Amended 1922,

Chapters 303, 321, 529, 545.)

I. SCOPE AND APPLICATION.

1. The act applies to extra hazardous employments, naming numerous employments in forty-two paragraphs of section 32 of the act, viz.: Operation of railways, cars and machine shops, construction and repair of telegraph and telephone wires, work within state and without about vessels, longshore work, lumbering, manufacturing, mining, quarries, milling, etc. In addition to employments set out in paragraphs, the act is intended to apply to all extra hazardous employments not specifically enumerated. Any employer or his employers engaged in work not extra hazardous may, by their joint election filed with Commission, subject them to provisions of this act. Any workman sixteen and upwards may exercise election and right of election in behalf of workman under sixteen by parents or guardian. Whenever state, county, city or other municipality engaged in extra hazardous work in which workmen are engaged the act is applicable unless state or municipality provide equal or better terms.

2. Employer means a person, partnership, association, corporation and legal representative of deceased employer, receiver or trustee employing workmen in extra hazardous employments. Employee means person engaged in extra hazardous employment in service of employer conducting same upon premises or at a plant or in course of employment away from plant, and shall not include farm laborers, domestic servants, country blacksmiths, wheelwrights or similar rural employments nor casual employees or employees whose salary is in excess of $2,000 a year, and any employees employed wholly without the state. 3. No employee or dependent shall be entitled to compensation on account of any injury to or death of employee caused by self-inflicted injury, willful misconduct or from intoxication of employee. If injury or death results from deliberate intention of employer, employee or dependent may either take under act or have cause of action against such employer, as if act had not been passed.

II. COMPENSATION.

1. INJURIES RESULTING IN DEATH WITHIN PERIOD OF THREE YEARS:

(a) If wholly dependent, payments shall be 26 2/3 per cent of average weekly wage, not to exceed a maximum of $18.00 per week, and not less than minimum of $8.00 per week, unless employee's wages were less than $8.00 per week at time of injury, in which event compensation shall be an amount equal to average weekly wages and to continue for remainder of period between date of death and 416 weeks after date of injury and not to amount to more than maximum of $5,000, not less than minimum of $1,000.

(b) If partially dependents. The weekly payments to such dependents shall be in an amount not exceeding 66 2/3 per cent of average weekly wages or $18.00 per week, but may, in discretion of Commission, be for less amount per week and continue for all or such portion of period of 416 weeks after injury as Commission may in each case determine, and not to amount to more than maximum of $3,000.

(c) If no dependents medical and surgical service not to exceed $300 and funeral expenses not to exceed $125; if no dependents and deceased left estate sufficient to pay same, all expenses of last sickness and burial to be paid by said estate.

(d) Following deemed wholly dependents. Wife or invalid husband, child or children under sixteen years or over if physically or mentally incapacitated living with or dependent upon parents. In other cases dependency determined on facts, but no person considered as dependent unless father, mother, grandfather, grandmother, stepchild or grandchild, or brother or sister, including those otherwise specified. Right to compensation unpaid at death of dependents vest in surviving dependents as Commission may determine.

(e) Compensation to alien dependent widows, children and parents not residents of United States the same as provided for residents, except at end of one year Commission may convert into lump sum payment, not to exceed $2,400.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. Medical, surgical and other attendance or treatment not to exceed $300.

(b) Total temporary compensation. In case of temporary total disability, 66 2/3 per cent of average weekly wages