(d) No provision. (e) Disfigurement. No provision. (f) Specific injuries. In cases included in following schedule compensation shall be 50 per cent of daily wages for time named in schedule: Loss of thumb, during 60 weeks. Loss of first finger, called index finger, during 35 weeks. Loss of third finger, during 20 weeks. Loss of fourth finger, called little finger, during 15 weeks. Loss of first phalange of thumb or any finger considered to be equal to the loss of one-half of such thumb or finger, and compensation shall be for one-half of the period of time above specified and compensation for loss of one-half of first phalange shall be for one-fourth period of time specified. Loss of more than one phalange shall be considered as loss of entire finger or thumb, provided that in no case shall amount received for more than one finger exceed amount provided in schedule for loss of hand. For loss of great toe, during 30 weeks. For loss of one of toes, other than great toe, during 10 weeks. For loss of first phalange of any toe considered to be equal to loss of one-half of such toe, and compensation one-half of amount above specified. Loss of more than one phalange shall be considered as loss of entire toe. Loss of hand, during 150 weeks. In other injuries in this class, or where the usefulness of a member or any physical function is permanently impaired the compensation shall bear such relation to the amounts stated in above schedule as the disabilities bear to those produced by injuries named in schedule. Should employer and employee be unable to agree upon amount of compensation to be in cases not covered by schedule, the amount of compensation shall be settled according to provisions of Section 20 of Act, with reference to procedure for determination of disputed claims. The amounts specified in this clause are subject to a maximum compensation of $10.00 per week and a minimum of $5.00 per week. In case of death of person from any other cause than accident, during period of payment for permanent injury, the remaining payments shall be paid to his or her dependents according to provision subsection 1 of this section, or if no dependents, remaining amount due to not exceeding $100.00 paid in lump sum to proper person for funeral expenses. (g) Total permanent disability. Fifty per cent of wages received at time of injury, subject to maximum of $10.00 and minimum of $5.00 per week, if at time of injury employee receives less than $5.00 per week, then full amount. Compensation not to be paid beyond 400 weeks. The loss of both hands or both arms or both feet or both legs or both eyes, or any two thereof, shall constitute total and permanent disability. (h) Payment of compensation. Compensation for all classes of injuries run consecutively, not concurrently, as follows: First two weeks medical and hospital services and medicines as provided in clause “a." After first two weeks compensation; compensation during temporary disability. Following both, either or none of above, compensations consecutively for each permanent injury. Following any or all or none of above, if death results from accident, expenses of last sickness and burial. Following which compensation to dependents, if any. In no case shall total number of weekly payments be more than 400 III. BASIS FOR COMPUTING COMPENSATION. Whenever term "wages" is used it shall be construed to mean money rate at which service rendered is recompensed under contract of hiring in force at time of accident, and shall not include gratuities, unless money value fixed at time of hiring. Where prior to accident the rate of wages is fixed by output of employee, his weekly wages shall be taken to be six times his average daily earnings for a working day of ordinary length, excluding overtime. Rate of weekly wages shall be calculated by dividing total value of output during actual number of full working days during preceding six months by number of days actually employed. All parts of this calculation shall refer to employment by same employer. IV. LUMP SUM. Compensation may be commuted by Court of Common Pleas at its present value when discounted at 5 per cent simple interest upon application of either party, with notice to other, and if it appears commutation will be for best interests or will avoid undue expense or hardship, or employee or dependent is about to remove from United States, or employer has disposed of his business. Commutation is to be allowed only when it clearly appears some unusual circumstances warrant such departure. It shall not be allowed for purpose of enabling injured employee or dependent to satisfy debt or make payment to physicians, lawyers or other persons. Counsel fees fixed by Court. V. WAITING PERIOD. No compensation allowed for first two weeks, except medical and hospital services, nor in any case unless employer has actual knowledge of injury or notified. VI. NOTICE OF ACCIDENT-LIMITATIONS. Unless employer have actual knowledge of injury, or unless employee or someone in his behalf or dependents shall give notice of injury to employer in fourteen days of the occurrence, then compensation shall not be due until notice is given or knowledge obtained. If notice given or knowledge cbtained within thirty days from injury, no want, failure or inaccuracy of notice shall bar compensation, unless employer was prejudiced. If notice given or knowledge obtained within ninety days, and if employee or beneficiary shall show that failure to give prior notice was due to mistake, ignorance of law or fact, or reasonable cause or excuse, then compensation shall be allowed, unless prejudice results. Statutory form of notice, which may be served personally or through the mail. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. Upon happening of any accident which will prevent employee from resuming work within two weeks after accident, employer shall report in writing to Commissioner of Labor; in case of injury not producing death, report may be filed within two weeks; in case of death, report shall be filed two weeks after. Any employer, except the state or municipalities. who by agreement become subject to act concerning compulsory insurance and compensation, shall forth with make sufficient provision for the complete payment of any obligation which he may incur to any injured employee or his dependent by one of the following methods; and shall file proof with Commissioner of Banking, providing employer can reasonably satisfy Commissioner of Banking and Insurance as to permanence and financial standing, he may carry his own liability insurance. Every employer not operating under foregoing provisions shall insure and keep insured his liability in any stock company or mutual association engaged in workmen's compensation or employer's liability insurance. VIII. SETTLEMENTS-AGREEMENTS. No agreement, compensation or release of damages made before happening of any accident shall be valid or shall bar a claim for damages for injuries resulting therefrom, and such agreement is declared to be against the public policy of the state. IX. WAIVER. No provision considering this subject. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES. No provision considering this subject. XI. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION. At. any time after entry of award a sum equal to all future installments of compensation, where payments are certain, may, by leave of Court, be paid by employer to any savings bank, trust company or life insurance company in good standing, together with interest thereon, to be held in trust for employee or dependents, who shall have no further recourse against employer. Payment of sum evidenced by receipt of trustee upon docket of clerk of court shall operate as a satisfaction. XII. SUBROGATION. Where third person is liable to employee or dependents for injury or death, existence of right of compensation shall not operate as bar to action of employee, nor regarded as measure of damages. In event employee or dependents shall recover from third person a sum equivalent or greater than total compensation payments, employer shall be released from obligation of compensation. If sum recovered of third party is less than total compensation, employer shall be liable only for difference. The obligation of employer under statute to make compensation shall continue until payment, if any, by such third person is made. Such employer shall file with third person so liable, at any time prior to payment, statement of compensation agreement or award and employer shall thereafter be entitled to receive from third person, upon payment of any amount in release or in judgment by third person on account of his liability to injured employee, a sum equivalent to amount of compensation employer has heretofore paid to injured employee, which payments shall be deducted by third person from sum paid in release or judgment to injured employee or dependents. XIII. PRE-EXISTING DISEASES AND INJURIES. No provision considering this subject. XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED. After injury, employee, if requested by employer, must submit himself for examination at some reasonable time and place and as often as reasonably requested to physician or physicians authorized to practice. If employee requests, he may have physician or physicians of his own selection. Refusal to allow examination shall deprive of compensation during continuance of refusal; no compensation to be payable in respect to period of suspension. XV. JURISDICTION AND PROCEDURE. The Workmen's Compensation Bureau is created in Department of Labor, to be composed of Commissioner of Labor and three Deputy Commissioners. The Commissioner of Labor, Deputies and Referees appointed under act shall either sitting individually or together have exclusive original jurisdiction of all |