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النشر الإلكتروني

MISSISSIPPI.

(No Workmen Compensation Law.)

MISSOURI.

(Act of 1921 deferred by referendum.)

MONTANA.

(Enacted 1915; Revised Code, Volume I, Chapter 213.)

I. SCOPE AND APPLICATION.

The act consists of:

Part I, containing sections 2816 to 2969, which have a general application to the whole of the act.

Part II, containing sections 2970 to 2977, which refer to Compensation Plan I.

Part III, containing sections 2978 to 2989, which refer to Compensation Plan No. II.

Part IV, containing sections 2990 to 3011, which refer to Compensation Plan III.

Part V, containing sections 3012 to 3033, which refer to "safety provisions.”

Part I, sections of general application to whole act.

1. In action for injuries or death of employee in course of employment it shall be no defense. The employee was negligent, unless willful, (2) that injury was caused by negligence of fellow servant; (3) that employee assumed risk. The foregoing provisions shall not apply to actions to recover damages for injuries sustained by household or domestic servants, farm or other laborers, engaged in agricultural pursuits or persons whose employment is of a casual nature.

2. An employer who elects to pay compensation shall not be liable to any employee except as provided in this act and where both employer and employee have elected to come under this act the provision of act shall be exclusive and surrender of any other method, form or kind of compensation or determination thereof in action at law, equity, statutory or common-law right or remedy.

3. Where public corporation is employer or any contractor is engaged in work for such corporation, the terms and conditions of Plan III shall be compulsory upon both employer and employee.

4. Every employer engaged in industries, works, occupations or employment specified as "hazardous" may on or before July 1, 1915, if employer is engaged therein or at any time thereafter shall be engaged therein, elect whether he will be bound by either of plans mentioned in this act,

and state whether he will be bound by Plan I, Plan II or Plan III, and post notice of such election and every employee in "hazardous" industries, works, etc., "shall be bound by plan adopted by employer unless employee shall elect not to be bound by any of provisions of act." If employer fails to make election presumption is employer is not bound by any form of compensation. Employer shall make election before being bound and employee presumed to have elected to be bound by provisions of particular plan which may have been adopted by employer, unless employee shall affirmatively elect not to be bound by act, and any employer who has elected not to be bound by act may revoke such election and elect to come under act at any time.

5. Act applies to all inherently hazardous occupations enumerated under construction work, operation, factories using power-driven machinery, stockyards, packing houses, tanneries, electric systems not otherwise specified, theater stage employees, moving picture operators, etc., and any employer having workman engaged in such hazardous work herein listed shall be considered employer engaged in hazardous works and occupation as to all his employees. Hazardous occupations not enumerated or hereafter arising shall come within act.

6. Act not to apply to railroads engaged in interstate com

merce.

II. COMPENSATION.

1. INJURIES RESULTING IN DEATH:

(a) Where injury causes death, 50 per cent of wages received at time of injury to beneficiary; if any residing in United States, or if residing outside United States, 50 per cent of such compensation; or if none, then 40 per cent of wages received at time of injury to major dependents if any residing in United States at time of accident; or if none, then 30 per cent of wages received at time of injury to minor dependents if any residing in United States, subject to maximum compensation of $12.50 per week and minimum of $6.00 per week, for period not exceeding 400 weeks; provided, if at time of injury employee received wages of less than $6.00 per week, full amount of such wages per week for a period not exceeding 400 weeks.

(b) In addition to other compensation, if death occurs within six months of happening of injury, reasonable burial expenses of employee not to exceed $125.00; if employee leaves no beneficiary or dependents this shall be the only compensation.

(c) Beneficiary means surviving wife or husband and surviving child or children under sixteen, or invalid child over age of sixteen, or if no surviving wife or husband, then surviving children under age of sixteen and any invalid child over age of sixteen.

Major dependent means if there be no beneficiaries the father and mother or survivor of them if actually dependent.

Minor dependent means if there is no beneficiary and no major dependents, the brothers and sisters if actually dependent.

(d) If any beneficiaries, major or minor dependents die, or if widow or widower remarry, rights of such shall cease. Compensation not to be paid to nonresident major or minor dependents not residing in United States. In computing compensation to children and brothers and sisters only those under sixteen years of age shall be included and in case of invalid children only during period they are under disability. Compensation to children or brothers and sisters shall cease when such person reaches age of sixteen years.

(e) If injured employee dies and injury was proximate cause of death then beneficiary or major or minor dependents shall receive same compensation as though death occurred immediately following injury, but period during death benefit is paid shall be reduced by period during or for which compensation was paid for the injury.

If employee shall die from other causes than injury, there shall be no liability for compensation after his death.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. During first two weeks of injury the insurer or employer shall furnish medical and hospital services and medicine in amount not to exceed $100.00. (b) Temporary total disability. Fifty per cent of wages received at time of injury subject to maximum compensation of $12.50 per week and minimum of $6.00, provided if at time of injury employee received less than $6.00 per week he shall receive full amount, compensation to be paid during period of disability not exceeding 300 weeks.

(c) Temporary partial disability. No provision. (d) Partial disability. One-half of difference between wages

received at time of injury and wages that such injured employee is able to earn thereafter, not exceeding, however, one-half the maximum compensation in cases of total disability and not exceeding 75 per cent of total compensation provided in this act for total loss of member causing partial disability. such compensation shall be paid during period of disability not exceeding 150 weeks

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