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النشر الإلكتروني

VI. NOTICE OF ACCIDENT-LIMITATIONS.

Every employee shall at time of employment file statement of beneficiaries, shall furnish employer with changes, and if death occurs as result of accident employer shall notify beneficiaries by registered letter, and any person claiming to be beneficiary shall serve notice upon employer within 120 days after employee's death. Such notice shall contain name and address of beneficiary, relationship and showing of dependency; to be served by delivering copy to employer or agent or leaving a copy at principal place of business. All claims for compensation barred unless action for recovery of same commenced within two years after cause of action has accrued.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

No provision considering this subject.

VIII. SETTLEMENTS

AGREEMENTS.

May compromise and settle claims, and such satisfaction and acquittance shall be binding upon employer, employee, beneficiary under act and all persons. IX. WAIVER.

Agreement to waive rights by employee to be void. X. OWNER AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

No contractor or subcontractor shall be entitled to receive compensation under act, but shall be deemed to be an employer.

XI. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION.

No requirements.

XII. SUBROGATION.

Where injury for which compensation is payable was caused under circumstances creating legal liability in someone other than employer to pay damages therefor, the employee may take proceeding both against one so liable to recover damages and against anyone liable

under the act, but shall not be entitled to both; and if employee has been paid compensation under act, employer by whom compensation was paid shall be liable to indemnity from person liable to pay damages as aforesaid and subrogated to rights of employee.

XIII. PRE-EXISTING DISEASES AND INJURY.

No provision.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Injured employee to submit to examination by a physician or surgeon, to be paid by employer. Employee shall have the right to have a physician paid for by himself at the examination. If employee refuses to submit to or obstructs examination, his right to compensation shall be suspended.

XV. JURISDICTION AND PROCEDURE.

Where injuries result in death and beneficiaries serve notice of their claim, the employer may deposit with clerk of court $6,000 or bond to pay compensation entered under judgment, notifying beneficiaries, who must file their claim with District Court, and court shall fix a date of hearing and judgment entered. An appeal lies to United States District Court. Action for compensation shall be governed by laws applicable to recovery of money. Writ of attachment lies when action is pending.

ARIZONA.

(Enacted 1912; Revised Statutes 1913, page 1054.)

I. SCOPE AND APPLICATION.

1. The chapter is a compulsory Compensation law as provided in Section 8, Article XVIII, of the State Constitution. 2. Compulsory compensation shall be paid by his employer to any workman engaged in any employment declared to be especially dangerous, whether said employer be a person, firm, association, company or corporation, if in course of employment, accident arising out of and in course of employment is caused by a necessary risk or danger of employment or failure of employer or his agents or employee to exercise due care or comply with any law affecting such employment.

3. Employments declared to be dangerous are: Operation of railroads, propelled by steam, electricity, cable or other mechanical power, including construction, use or repair of machinery, plants, tracks, switches, etc., on which such railway business is operated.

All work when using gunpower, blasting powder, dynamite, compressed air or other explosives.

Erection or demolition of bridge, building or other structure where iron or steel frame work required.

Operation of all elevators, elevating machinery or derricks or hoisting apparatus used within or outside.

All work on ladders or scaffold of any kind elevated twenty feet or more above ground or floor beneath in erection, construction, repair or alteration of any building or structure.

All work of construction, operation, alteration and repair where wire cables, switch boards or other apparatus or machinery are in use charged with electricity.

All work in construction, alteration and repair of pole lines for telegraph, telephone or other purposes.

All works in mines and quarries.

All work in repair and construction of tunnels, subways and viaducts.

All works in mills, shops, works, yard, plants and factories where steam, electricity, or other mechanical power is used to operate machinery and appliances.

4. In case employee or his personal representative shall refuse to settle for compensation and chooses to retain right to sue employer, he may so refuse to settle and retain said right.

5. The common-law doctrine of no liability without fault is hereby declared and determined to be abrogated in Arizona as far as it is sought to be applied to accidents hereinafter mentioned.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH:

When death of workman from accident results within six months thereafter, and workman at time of death leaves a widow and minor child, or children, dependent on such workman's earnings for support and education, then employer shall pay personal representative for exclusive benefit of such widow and child or children a sum equal twenty-four hundred times one-half the daily wages or earnings of deceased, determined as aforesaid, but in no event more than sum of $4,000.00. Such sum to be paid in lump and held in trust by such representative for such widow and children and applied to support of widow while she remains unmarried and support of children so long as necessary and until eighteen years of age and in accordance with direction of court having jurisdiction of estate of decedent, any balance unapplied at closing estate of decedent shall be distributed to decedent's widow and children or next of kin, as provided by law of descent.

If workman leaves no widow or child or children, but a father or mother or sister dependent upon him for support, then said sum shall be for their benefit to be applied as above provided.

If deceased workman leaves no widow, children or other dependents, then employer shall pay reasonable expenses of medical attention upon deceased and secure his burial in a proper cemetery, which may be chosen by friends of deceased.

2. FOR INJURIES NOT RESULTING IN DEATH:

(a) Medical aid. The personal representative of deceased employer may pay out of death benefits reasonable and necessary expense of medical attention of deceased. If workman leaves no dependents, then employer shall pay reasonable expense of medical attention upon decedent. (b) Total temporary disability. In case workman being at first totally incapacitated, thereafter recovers so as to be able to engage in the same or other gainful employment, thereby earning wages, then in each case the amount of the semi-monthly payments shall be one-half of difference between the average earnings of workman at the time of accident as determined as above provided and average amount he is earning thereafter, semi-monthly in the same

or other employment. Said payments shall cease upon workman recovering and earning or being capable of earning wages equal to amount earned at time of accident, in no case shall amount of payments exceed $4,000.00. (c) Temporary partial disability. No provision.

(d) Permanent partial disability. In case the accident does not wholly incapacitate workman from the same or other gainful employment, semi-monthly payment equal to onehalf the difference between the average earnings of workman at the time of accident and average amount he is earning or capable of earning, thereafter, semi-monthly in same employment, not to exceed $4,000.00.

(e) Disfigurement. No provision.

(f) Specific injuries. No provision.

(g) Total permanent disability. If accident produces or results in total incapacity of workman for work at any gainful occupation for more than two weeks after accident, then compensation shall be made to such workman by his employer shall be a semi-monthly payment commencing from date of accident and continuing during such total incapacity, of a sum equal to 50 per cent of workman's average semi-monthly earnings when at work on full time. during preceding year, if he shall have been in the employment of such employer for such length of time; but if not for full year, then 50 per cent of average wages, whether semi-monthly, weekly or daily, being earned by such workman during time he was at work for his employer and at time of accident, total amount not to exceed $4,000.00.

III. BASIS OF COMPENSATION.

Where working on full time during preceding year, 50 per cent of workman's semi-monthly earnings, but if not for full year then 50 per cent of average wages, whether semi-monthly, weekly or daily, being earned by such workman during time he was at work for his employer before and at time of accident.

IV. LUMP SUM.

Payment of death benefit in lump sum and held in trust by personal representative of deceased for widow and children.

V. WAITING PERIOD.

Employer shall not be liable for any injury which does not disable the workman for period of at least

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