صور الصفحة
PDF
النشر الإلكتروني

2. By purchase of annuity, with limitations provided by law, in any insurance company licensed by state which may be designated by employee, dependents or Industrial Board.

XII. SUBROGATION.

Where injury for which compensation is payable was caused under circumstances creating legal liability in third person to pay damages employee at option may proceed either at law to recover damages or against employer for compensation, but not against both, and if compensation be paid under act employer may enforce for his benefit or for that of insurance company the liability of such other person.

XIII. PRE-EXISTING DISEASES AND INJURIES.

The fact employee has suffered a previous disability or received compensation therefor shall not preclude compensation for later injury or death, but in determining compensation for later injury or death his average annual earnings shall be held to be such sum as will reasonably represent his annual earnings 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 provisions of Sec. III.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

After employee has given notice of injury and from time to time during continuance of disability he shall, if requested by employer or insurance company, submit to examination by authorized physician or surgeon furnished and paid by employer; employee shall have the right to have physician provided and paid for by himself present at examination. If he refuses to permit or obstructs examination right of compensation shall be suspended.

XV. JURISDICTION AND PROCEDURE.

The Industrial Board created has been abolished, its function being vested in Department of Labor and Industry created by act of 1921. Any hearings pending were transferred to the commission of three members

created by section 1 of act establishing Department of Labor and Industry.

If employer or insurance company or insurance commissioner carrying risk and employee fail to reach an agreement in regard to compensation either party shall notify Commission, who shall thereupon set case for hearing and designate one of its members or deputy members known as a committee of arbitration to hear the case. The committee of arbitration shall make such inquiries and investigations as it deems necessary and decision shall be filed with Commission, and unless claim for review is filed by either party within ten days decision shall stand. If claim for review is filed the Commission shall promptly review the decision of the committee of arbitration and such records as may be kept of its hearing and also hear parties. together with additional evidence and file decision with records of proceedings. The findings of Commission acting within its powers shall in the absence of fraud be conclusive, but Supreme Court shall have power to review questions of law in any final decision or determination of Commission. Either party may present certified copy of decision of Commission approving agreement of settlement or decision of committee on arbitration when no claim for review, or decision of Commission when claim for review is filed to Circuit Court, whereupon said court shall without notice render judgment in accordance therewith.

Any weekly payment may be reviewed by Commission at request of employer or insurance company or employe and subject that it may be ended, diminished or increased.

Commission shall have jurisdiction over controversies arising out of injuries suffered without territorial limits of state in those cases where the injured employee is resident of state at time of injury and contract of hire was made in state.

MINNESOTA.

(Enacted 1913; Re-enacted Laws 1921, Chapter 82, page 90.)

I. SCOPE AND APPLICATION.

The act consists of Part I, compensation by action at law, and Part II, elective compensation.

Part I. When injury or death is caused to employee by accident arising out of employment of which injury the actual or lawfully imputed negligence of employer is proximate cause, or in case of death, his personal representatives for exclusive benefit of surviving spouse and next of kin shall receive compensation by way of damages from employer, provided employee was not willfully negligent and question of willful negligence shall be one of fact, and it shall be no defense (a) that employee was negligent; (b) injury was caused by negligence of fellow employee; (c) that employee assumed the risk. If employer elects to come under Part II, he loses right to interpose three common-law defenses in action for injury or death of employee provided in this section, except section shall not apply to employer of farm labor. If employer becomes subject to Part II and employee not, then employer may set up such defenses as are available at time of passage of this act. Provisions foregoing shall not apply to claim for death of employee arising under Sec. 4503, Chap. 84, R. L. Minnesota, concerning death by wrongful act. Burden of proof to establish willful negligence upon defendant.

Part II. Does not apply to common carriers by steam railroad, domestic servants, farm laborers or casual employee, and not in usual course of trade, business or profession, provided section shall apply to farm labor if employer elects by posting notice of election to be bound not less than 30 days before accident, unless employee shall signify his intention not to accept, in which case Part II shall not apply.

Employers include every person who employs another to perform service for hire and to whom employer directly pays wages, and shall include any person, corporation, copartnership or group thereof, the state, county, village, borough, town, city school district and other public employers, and employee or workman includes every person in service of state, county or municipality, but not

officials of state, county or municipality who have been elected or appointed to regular term; provided, sheriffs, deputy sheriffs, constables, marshal, policemen or firemen shall be deemed employees.

2. Agreement of employer and employee to become subject to act is surrender of any other method, form or amount of compensation than as provided in Part II, and all contracts after taking effect of this act shall be presumed to have been made subject to act unless expressly stated in contract in writing, or unless notice is given. Every employer and employee presumed to have accepted unless 30 days prior to accident he elects not to be bound. Either party may terminate acceptance or his election not to come under act by 30 days written notice to other.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

(a) To persons wholly dependent, $18.00 per week and minimum of $8.00, provided, if employee at time of injury receives $8.00 or less, then compensation shall be full amount of such wages per week.

(b) To partial dependents subject to maximum of $18.00 a week and minimum $8.00, provided if income loss of partial dependents is $8.00 or less, then dependents shall receive full amount of income loss.

(c) Compensation shall be paid during dependency, but shall not exceed $7,500 in case of dependent wife, child, children or orphan and shall not exceed 300 weeks in case of any other dependents, payments to be made at intervals. when wages was payable as nearly as possible. Actual dependents shall be entitled to take compensation in order named during dependency until 6623 per cent of daily wage of deceased at time of injury shall have been exhausted, provided compensation shall not exceed $7,500 in case of dependent wife, child, children or orphan, or continue beyond 300 weeks in case of any other dependent, but total compensation paid to all actual dependents shall not exceed in aggregate $18.00 per week.

(d) Employer shall pay expenses of burial, not exceeding $150.00, except where insurer or benefit association is liable therefor.

(e) The following are conclusively presumed wholly dependent: (1) wife, unless voluntarily living apart from husband, minor children under age of 16 years; (2) children between 16 and 18 years of age, or those over 18 if physically or mentally incapacitated considered dependents; (3) wife, child, husband, father, mother, grandmother,

grandfather, grandchild, sister, brother, mother-in-law, father-in-law, wholly supported, considered actual dependents and compensation shall be made to them in order named; (4) any member of foregoing class who regularly derived support shall be considered partial dependents; (5) compensation payable to dependents shall be computed on following basis: (a) If deceased left widow and no dependent child or widow, 40 per cent of daily wages at time of injury; (b) if deceased leaves widow or widower and one dependent child, to widow or widower for benefit of herself or himself and such child, 50 per cent of daily wage at time of injury; (c) if deceased leaves widow or widower and either two or three dependent children, to widow or widower for benefit of herself or himself and such children, 60 per cent of daily wages at time of injury.

If deceased employee leaves a widow or widower and four or more dependent children, there shall be paid to widow or widower for benefit of herself or himself and such children, 6623 per cent of daily wage at time of injury of deceased.

In case of compensation payment to widow or widower for benefit of herself or himself and dependent child or children, Commission shall have power to determine in its discretion what portion shall be applied for benefit of child and may order same paid to guardian.

In case of remarriage of widow without children, she shall receive a lump-sum settlement equal to one-half of remaining unpaid compensation, to be paid in sixty days after notice to employer of such remarriage. In case of remarriage of widow having dependent children, unpaid balance of compensation which would otherwise be due her shall be paid to such children.

If deceased employee leaves dependent orphan, shall be paid 45 per cent of daily wage at time of injury, with 10 per cent additional for each additional orphan with maximum of 6623 per cent of such wages.

If deceased leaves dependent husband and no dependent children, shall be paid to husband 30 per cent of daily wage at time of injury.

If deceased employee leave no widow or child or husband, but should leave parent or parents wholly dependent, there shall be paid, if one, 35 per cent of daily wages at time of injury; if both parents, 45 per cent of daily wage at time of injury to such parent or parents.

If deceased leaves no widow or child or husband or parent, but leaves a grandparent, grandchild, brother, sister, mother-in-law or father-in-law wholly dependent on him, shall be paid to dependent, if one, 30 per cent of daily

« السابقةمتابعة »