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claims for compensation arising under act. Whenever parties have agreed as to compensation, a copy of such agreement shall be filed with bureau and shall not bind parties unless approved. If agreement is not filed within twenty-one days after date of injury, the bureau shall endeavor to bring about settlement of claim, and may institute an inquiry on its own motion to determine reason for failure to agree, and may file petition for compensation on its own initiative. Unless settlement is effected, every claimant must file a petition within a year setting out facts in regard to accident; copy of petition shall be served on employer and an answer shall be filed, and within ten days after filing answer a date shall be fixed for hearing, and at hearing evidence, exclusive of ex parte affidavits, may be produced by both parties; the Commissioner, each Deputy and Referee shall have power to modify the award same as Court of Common Pleas. A statement, with judgment. shall be filed in office of secretary and copy of judgment filed with County Clerk, and shall have the same effect and be docketed and collected in same man

as judgments rendered in Court of Common Pleas. Judgment is a bar to other actions. Either party may appeal from judgment of Commissioner. Deputy Commissioner or Referee to Court of Common Pleas of county in which hearing was heard. Appeal shall be based on transcript of record and determination shall be in writing and judgment entered in same manner as in causes tried in Common Pleas Court. Subsequent proceedings thereon shall only be for recovery of money thereby determined to be due, provided nothing shall be construed as limiting jurisdiction of Supreme Court to review questions of law and fact by certiorari.

NEW MEXICO.

(Enacted 1917, Chapter 83; Acts of 1917; Amended Act 1919, Chapter 44; Acts 1921, Chapter 184.)

I. SCOPE AND APPLICATION.

1. Applies to any firm, person or corporation that shall employ as many as four workmen engaged in carrying on for purpose of business, trade or gain any of the extra hazardous occupations or pursuits named in section 10 of act, enumerating twenty-one different classes, factories, mills, mines, quarries, building work, engineering work, handling or use of explosives, oil wells, gas wells, etc., each of which are determined to be extra hazardous and to workmen employed, who previous to occurrence of injury have, by agreement, accepted and agreed to be bound by this act. This act shall apply without regard to number employed if injury occurs to workman while at work on any derrick, scaffolding, pole or other structure ten feet above surface of ground, and an employer engaged in occupation not included among extra hazardous employments and workmen employed by him may become subject to this act by written agreement filed in office of Clerk of District Court. This act shall not apply to business or pursuits engaged in interstate commerce, nor to persons whose employment is purely casual and not for purpose of employer's business.

2. This act shall be construed as creating new right and special procedure and rights and remedies provided for workmen and their dependents on account of injuries shall be exclusive of all other rights and remedies at common law or otherwise. Every contract made subsequent to time this act takes effect and every one previous thereto presumed to have been made or continued with reference to provisions of act unless there be a statement in contract before accident or written notice that this act is not intended to apply. Minors fourteen and over have same contractual powers hereunder as adults.

3. No employer who elected not to be bound by act, in suit against him for damages for accident to employee shall be entitled to defend on account (a) negligence of workman contributed to injury; (b) negligence of fellow servant; (c) that workman assumed risk. Such defenses shall remain only in case where workman is not bound by act

and employer has filed undertaking for payment of compensation. 4. If injury or death results to workman from failure to observe statutory regulation for safety, then compensation shall be reduced 50 per cent, and in case of injury or death from failure of employer to provide safety devices required by law, compensation shall be increased 50 per cent. No compensation payable where injury occasioned by intoxication or willfully suffered by him or intentionally inflicted by himself or another.

5. Any agreement between employer and employee to be bound by act may be terminated by giving 30 days notice. in writing prior to accident.

II. COMPENSATION.

1. IN CASE DEATH RESULTS APPROXIMATELY FROM INJURY WITHIN ONE YEAR:

(a) If dependents, payments shall consist of not to exceed $75.00 for funeral expenses and percentage hereinafter specified of average weekly earnings, subject to limitation, to continue for period of 300 weeks from date of injury. If dependents, compensation shall be paid to such dependents or persons appointed by Court in such portions or amount as the Court, bearing in mind necessities of case and best interests of dependents and public, may determine, to be computed on following basis and distributed to following persons:

(1) To child or children if no widow or widower entitled to compensation, 25 per cent of earnings of deceased, with 10 per cent additional for each child in excess of two, with maximum of 60 per cent to be paid to their guardian.

(2) To widow or widower, if no children, 40 per cent of earnings, not to exceed maximum of $12.00 per week. (3) To widow or widower, if one child, 45 per cent of earnings.

(4) To widow or widower, if two children, 50 per cent of earnings.

(5) To widow or widower, if three children, 50 per cent of earnings.

(6) To widow or widower, if four or more children, 60 per cent of earnings.

(7) If neither widow or widower nor children, then to father or mother or survivor of them, if dependent to any extent upon workman for support at time of death, 20 per cent of earnings.

(8) If neither widow, widower, children nor dependent parents, then to brother and sister, if actually dependent to any extent upon decedent for support, 15

per cent of earnings for one brother or sister, and 5 per cent additional for each additional brother and sister, with maximum of 25 per cent, such compensation to be paid to their guardian, provided maximum compensation to partial dependents shall not exceed respective amounts theretofore contributed by deceased workman. The earnings upon which death compensation shall be based shall not in any case exceed $30.00 per week, nor less than $12.00 per week, except where earnings are less than $12.00 per week, and in that case upon amount of earnings.

(b) If no dependents compensation limited to funeral expenses, not to exceed $75.00, and expenses provided for medical and hospital services for deceased, together with other sums deceased may have been paid for disability. (c) The following deemed dependents: Child under 18 or incapable of self-support and unmarried, actually dependent; widow living with deceased legally entitled to support and actually dependent, including divorced wife entitled to alimony and actually dependent; widower, if actually dependent; parent or grandparent, if actually dependent, wholly or partially, on deceased; grandchild, brother or sister, only if under 18 or incapable of selfsupport and wholly dependent. Relation of dependency. must exist at time of injury and question and extent to be determined as of date of injury and right to death benefit to cease upon happening of one of following contingencies: Marriage of widow or widower; upon child reaching 18, unless physically or mentally incapacitated or upon a dependent child becoming self-supporting prior to attaining that age; upon adoption of any dependent; upon death of any dependent. Child includes stepchildren, adopted children, posthumous children and acknowledged illegitimate children, but does not include married children unless dependent.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. During first ten days after injury employer shall furnish reasonable surgical, medical, hospital service and medicines as and when needed, not to exceed $150.00. Where employer has at service of workman adequate medical service, whether provided by employer gratis or by plan between employer and workman, then employer shall not furnish first ten days service.

(b) Temporary total disability. No provision.

(c) Temporary partial disability. No provision.

(d) Partial disability. For disability partial in character, but permanent in quality, such compensation shall be measured by extent of such disability.

(e) Disfigurement. If any workman is seriously, permanently disfigured about the face or head, Court may allow such additional sum for compensation on account thereof as it may deem just, not exceeding $500.00.

(f) Specific injuries. In following cases compensation shall be 50 per cent of earnings of such workman, not to exceed maximum of $12.00 nor less than minimum of $6.00: One arm at or near shoulder, dexterous member, 150 weeks.

One arm at elbow, dexterous member, 140 weeks. One arm between wrist and elbow, dexterous member, 130 weeks.

One arm at or near shoulder, nondexterous member, 140 weeks.

One arm at elbow, nondexterous member, 130 weeks. One arm between wrist and elbow, nondexterous member, 120 weeks.

One hand, dexterous member, 110 weeks.
One hand, nondexterous member, 100 weeks.
One thumb and metacarpal bone, 50 weeks.
One thumb at proximal joint, 30 weeks.
One thumb at distal joint, 20 weeks.
One first finger and metacarpal bone, 25 weeks.
One first finger at proximal joint, 20 weeks.
One first finger at second joint, 15 weeks.
One first finger at distal joint, 10 weeks.

One second finger and metacarpal bone, 20 weeks.
One second finger at proximal joint, 15 weeks.
One second finger at second joint, 10 weeks.
One second finger at distal joint, 8 weeks.

One third finger and metacarpal bone, 15 weeks.
One third finger at proximal joint, 10 weeks.
One third finger at second joint, 8 weeks.
One third finger at distal joint, 8 weeks.

One fourth finger at metacarpal bone, 12 weeks.
One fourth finger at proximal joint, 12 weeks.
One fourth finger at second joint, 8 weeks.
One fourth finger at distal joint, 6 weeks.

Loss of all fingers on one hand and where thumb and palm remain, 55 weeks.

One leg at or near hip joint as to preclude the use of an artificial limb, 140 weeks.

One leg at or above knee where stump remains sufficient to permit the use of an artificial limb, 120 weeks. One leg between knee and ankle, 110 weeks.

One foot at ankle, 100 weeks.

One great toe with metatarsal bone, 30 weeks.

One great toe at proximal joint, 15 weeks.

One great toe at second joint, 10 weeks.

One toe, other than great toe, with metatarsal bone, 12 weeks.

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