pany granting annuities, and authorized to transact business in this state, subject to approval of Board. COMPENSATION PLAN NO. II. I. Scope and Application. Any employer in industries, trades, works, occupations or employments in this act specified as hazardous, by filing his election to become bound by Plan II may insure his liability to pay compensation in any insurance company authorized to transact business in state. VII. Requirements of Employer to Comply With Act. Shall file written acceptance upon forms provided by board, and shall file policies of insurance for amount fixed by Board. Within thirty days after accident where death or nature of injuries renders amount of future payment certain shall make deposits with treasurer of Board for guarantee of payment. XI. Employer May Be Relieved of Liability. (a) Depositing present value or estimated present value of total unpaid compensation for which such liability exists, assuming interest at 5 per cent per annum, with treasurer of Board. (b) By purchasing annuity within limitations provided by law in any insurance company granting annuities and authorized to transact business in this state, subject to approval of Board. COMPENSATION PLAN NO. III. Every employer subject to provisions of Compensation Plan No. III shall, in manner and at times specified, pay into state treasury, in accordance with following schedule, a sum equal to the percentage of his total annual pay roll specified in this section; which said schedule is subdivided into classes and the percentage of payments of premiums or assessments to be required from each of said class is as follows: (Then follows an enumeration of 26 classes of employment, class 27 stating any employer and his employees engaged in nonhazardous work or employment, by their joint election, filed with and approved by the Board, may accept the provisions of Compensation Plan III. In such event, such employer and employee shall be known as class 27, the rate of assessment on which shall be one-half of one per cent.) I. Scope and Application. 1. It is intent and purpose of Compensation Plan No. 3 that each industry, trade, occupation or employment coming under provisions of this plan shall be liable for and pay for all injuries happening to employes coming under provision of plan and funds collected shall be paid into one common fund to be known as Industrial Accident Fund, which shall be devoted exclusively to payment of all valid claims for injuries happening in each industry, trade, occupation or employment coming under provisions of Plan III. NEBRASKA. (Enacted 1913; Compiled Statutes 1922, Chapter 28.) I. SCOPE AND APPLICATION. Part I. Applies to state and government agencies and all employers, excluding the following: Domestic servants, farm laborers, railroads engaged in interstate or foreign commerce and those not included may by joint election of employer and employee accept. For any injury to employee arising out and in course of employment, of which negligence is the proximate cause, compensation shall be paid him if he has not been guilty of willful negligence. Action brought under Part I, the three common-law defenses of contributory negligence, fellow servants and assumption of risk not available unless employee was intoxicated when injured. If employer elects not to come under act, he loses right to plead the three above-named defenses in any action. If employer elects to come under act and employee elects not to come under act, then defenses are available that existed prior to adoption of act. Part II. When both employer and employee are by agreement, election or otherwise under Part II, compensation payable for all injuries or death without regard to negligence according to schedule of compensation hereinafter contained, except where willful negligence may be imputed to employee. All contracts of employment made after taking effect of this act presumed to have been made with reference to this act, unless expressly so stated in contract to contrary, or unless notice given by one party to other that he does not accept provisions. The employer bound by act, unless prior to accident he has given notice in statutory form signifying his election not to be bound thereby, similar provisions for employee to give notice not to be bound." Employer may waive notice to accept act by posting notice that he will accept the act. II. COMPENSATION. 1. FOR INJURY RESULTING IN DEATH: (a) Where deceased employee leaves one or more dependents wholly dependent upon earnings for support at time of accident, 66 per cent of wages at time of accident, not exceeding $15.00 per week nor less than $6.00, not exceeding 350 weeks from date of accident. (b) If no persons wholly dependent, but leaves persons partially dependent, such compensation as provided in "a," in proportion that the average amount regularly contributed. for reasonable time prior to accident bears to total wages. (c) If no dependents, medical and burial expenses not exceeding $150.00. (d) Alien widows, children and parents to receive same amounts as residents, except employer may one year after death of employee commute all future payments by paying two-thirds of total amount of the future installments. Alien widowers, brothers and sisters not resident of United States not entitled to compensation. (e) Where death results after an injury for which payments were being made all future payments for such injury shall cease, but the amount paid on injury shall be deducted from amount payable for instant death and employer liable for such remainder controlled by same provisions with reference to dependents as above stated. deductions, however, are allowed for medical, hospital or burial. No (f) Who are dependents. The following conclusively presumed: Wife, upon husband with whom she is living at time of her death; children under sixteen and non compos mentis where no surviving parents left stepchildren included as children. 2. INJURY NOT RESULTING IN DEATH: (a) First aid, medical. Employer liable for reasonable medical and hospital service not exceeding $200.00 in value, unless employee refuses the same. Injuries requiring dismemberment or major surgical operation, the employe may designate the physician. If injured refuses or neglects to avail himself of medical or surgical treatment furnished except as otherwise herein provided, employer not liable for an aggravation of such injury due to refusal and neglect. (b) Total temporary disability. Sixty-six and two-thirds per cent of wages at time of injury until disability ceases, not less than $6.00 nor more than $15.00. (c) Partial disability. Sixty-six and two-thirds per cent of difference between wages received at time of injury and earning power thereafter, not exceeding $15.00 per week, during such partial disability not beyond 300 weeks. If total disability follows, the 300 weeks shall be reduced. by number of weeks during which compensation was paid for total disability. (d) Temporary partial. No such provision. (e) Disfigurement. No such provisions. (f) Specific losses or injuries. For the following, 6623 per cent of daily wage for the number of weeks set opposite each not less than $6.00 or more than $15.00 per week: Thumb, 60 weeks. First finger, 35 weeks. Fourth finger, 15 weeks. First phalange of thumb or finger considered to be equal to loss of one-half of such thumb or finger and compensation shall be for one-half of period of time above specified and compensation for loss of one-half of first phalange shall be for one-fourth of periods above specified. Loss of more than one phalange considered as loss of entire finger or thumb, provided amount received for one finger shall not exceed amount for loss of hand. Loss of great toe, 30 weeks. Any other toe, 10 weeks. Loss of first phalange of any toe equal to loss of onehalf toe, and compensation for one-half of period above specified. Loss of more than one phalange considered as loss of entire toe. Loss of hand, 175 weeks. Arm, 225 weeks. Foot, 150 weeks. Leg, 215 weeks. Eye, 125 weeks. Ear, 25 weeks. Hearing in one ear, 50 weeks. Loss of hearing in both ears, 100 weeks. Loss of nose, 50 weeks. as Amputation below elbow and wrist considered. equivalent to loss of hand; between knee and ankle, loss of foot; at or below elbow, considered as loss of arm; at or above knee considered as loss of leg. Permanent total loss of use of finger, hand, arm, foot, leg or eye considered as equivalent of loss of such member. (g) Total permanent disability. For first 300 weeks shall be 6623 per cent of wages received at time of injury, not more than $15.00 nor less than $6.00 per week, or wages less than $6.00, then full amount. After first 300 weeks for remainder of life of employee, 45 per cent of wages, |