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has been deducted. Where, by reason of the shortness of time during which employee has been in employment of his employer or nature of terms of employment, it is impracticable to compute the average weekly wages, as above defined, regard may be had to average weekly amount which, during the twelve months previous to injury, was being earned by a person in the same grade employed at the same work by the same employer, or if there is no person so employed, by a person in the same grade employed in same class of employment and in same district. Where employee is injured under circumstances entitling him to compensation, if it be established that injured employee was of such age and experience, when injured, that under natural conditions his wages would be expected to increase, the fact may be considered in determining his weekly wages.

IV. LUMP SUMS.

Whenever weekly payments have been continued not less than six months, liability in unusual cases where parties agree and department deems it for best interests of employee or dependents may be redeemed by payment of lump sum fixed by department, not exceeding amount provided in this chapter. Minor may be compensated by payment of lump sum.

V. WAITING PERIOD.

No compensation shall be paid for injury which does not incapacitate employee for at least period of ten days, but if incapacity extends beyond such period, compensation begins on eleventh day of injury.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

No proceeding for injury shall be maintained unless notice is given as soon as practicable after happening thereof, and unless claim for compensation has been made within six months after its occurrence, or in case of death, or in event of physical or mental incapacity within six months after death or removal of incapacity. Notice shall be in writing, stating time, place and cause of injury and signed and served upon insurer or officer or agent or by sending by registered letter. Notice not invalid for inaccuracy.

Claim for compensation shall be in writing and state time, place and cause of injury, signed, and shall not be held invalid for inaccuracy in stating time, place or nature of injury unless intention to mislead is shown. Failure to make claim will not bar proceedings if occasioned by mistake or employer was not prejudiced by delay.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

Every employer shall keep a record of injuries received by employees, and within forty-eight hours make written report to department. Upon termination of liability employer shall make supplemental report.

Insured shall give notice to employees that he has provided insurance.

VIII. SETTLEMENTS.

Insured and injured employee may reach an agreement in regard to compensation, subject to approval of Board.

IX. WAIVER.

No agreement by employee to waive his rights to compensation shall be valid.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

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If insured enters into contract with independent contractor to do such person's work, or if contractor enters into contract with subcontractor to do all or a part of work comprised in such contract with insured and insured would, if such work were executed by employees immediately employed by insured, be liable to pay compensation, the insurer shall pay such compensation to such employees which would be payable to them under this chapter if independent or subcontractors were insured persons. The insurer will be entitled to recover indemnity from any other person who would have been liable to such employees independently of this section and if insurer paid compensation it may be enforced in name of employee or his own name and for its benefit. This section shall not apply to any contract of independent contractor or subcontractor which is merely incidental

to and is not part or process in trade or business carried on by insured, nor where injury occurred elsewhere than on, in or about premises on which contractor has undertaken work.

XI. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION.

No provision considering this subject.

XII. SUBROGATION.

Where injury for which compensation is payable was caused under circumstances creating legal liability in some person other than insured to pay damages in respect thereto, employee may at his option proceed against that person to recover damages or against insurer for compensation, but not against both, and if compensation be paid under this chapter insurer may enforce in name of employee or in its own name and for its benefit liability of other person, and in case insurer recovers greater sum than paid by it to employee, four-fifths of excess shall be paid to employee.

XIII. PRE-EXISTING DISEASES AND INJURIES.

Where employee, who has previously suffered injury resulting in loss by severance, or permanent incapacity, of one hand at or above wrist or one foot at or above ankle, or reduction to one-tenth of normal vision of one eye with glasses, incurs further liability by loss or permanent incapacity of a hand or foot or reduction to one-tenth of normal vision in one eye, by reason of personal injury for which compensation is required by this chapter, he or his dependent, if death results from injury, shall be paid the compensation provided in subsection one of section II in following manner: One-half of such compensation shall be paid by State Treasurer from fund established and other half by insurer, but additional compensation required under clause f, subsection 2 of Part II shall be paid by the insurer.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EX AMINED.

After employee has received an injury and from time to time thereafter during continuance of dis

ability he shall, if requested by insurer or insured, submit to examination by registered physician furnished or paid by insurer or insured; employee may have physician provided and paid for by himself present. If employee refuses to submit to examination or obstructs it, right of compensation shall be suspended and his compensation during period of suspension be forfeited.

XV. JURISDICTION AND PROCEDURE.

The Department of Industrial Accidents may make rules consistent with chapter in carrying out its provisions, and process and procedure shall be as simple and summary as reasonably may be.

If insurer and injured employee reach an agreement in regard to compensation a memorandum shall be filed with department and if approved shall be enforceable as hereinafter provided. If parties fail to reach an agreement or reach an agreement and disagree as to continuance of payments, either party may notify department and case will be assigned to a member for hearing. Upon hearing, the decision of member, together with statement of evidence, his findings of fact, rulings of law, with statement of pertinent questions before him, shall be filed with department, and unless claim for review is filed by either party within seven days may be enforced as hereinafter provided.

Any party in interest may present certified copies of order or decision of reviewing board, decision of member from which no claim for review is filed or memorandum of agreement approved by department and all papers in connection therewith to the Superior Court of county in which injury occurred or of County of Suffolk, whereupon said Court shall render a decree in accordance therewith and notify parties; such decree to have the same effect as though rendered in suit duly heard and determined by said Court. There shall be no appeal therefrom upon questions of fact or where decree is based upon decision of member or memorandum agreement, and no appeal from decree based on order or decision of reviewing board which has not been presented to Court within ten days after notice of filing decision by said board.

MICHIGAN.

(Enacted 1912; Compiled Laws 1915, Voi. II, Chapter 101;
Supplement 1922, Chapter 101.)

I. SCOPE AND APPLICATION.

1. It is compulsory as to the state and each county, city, township, incorporated village and school district therein, and each incorporated public board or public commission in state authorized by law to hold property and to sue and be sued generally, and every person in service of any of foregoing employers under any appointment or contract of hire, except any official of state or of any county or municipalities before specified elected at polls. Applies to every person, firm and private corporation, including public service corporations, who has any person in service under contract of hire and who prior to time of accident shall have elected to become subject to provisions of act, and who shall not prior to such accident effected a withdrawal and to every person in service of another under any contract of hire, including aliens and minors, who shall be deemed to have accepted the act and subject to its provisions if employer is subject to act and employee has not given employer notice, in writing, that he elects not to be subject to provisions of act.

2. In action for injuries or death it shall be no defense (a) the employee was negligent; (b) injury was caused by negligence of fellow servant; (c) employee assumed the risk. This shall not apply to actions to recover damages of injuries sustained by household, domestic servants and farm laborers, nor to employees of employers who has elected to pay compensation.

3. If employee is injured by reason of intentional and willful misconduct, he shall not receive compensation under provisions of act.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

(a) To dependents, wholly dependent on earnings. a weekly payment of 60 per cent of his average weekly wages, but not more than $14.00 or less than $7.00 a week for a period of 300 weeks from date of injury.

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