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ments shall be against such employer, insurer, guarantor or sureties for amount due and contain order upon employer for payment. Any final order or judgment rendered by court pursuant to this act shall be reviewable by Supreme Court upon appeal or writ of

error.

NEW YORK.

(Enacted Laws 1913, Chapter 816; Birdseye, Cummings & Gilbert Consol. Laws, Vol. 8, Supplement 1918-1920, Vol. 11, page 2013; Amended Laws 1921, Chapters 60, 539, 540; Laws 1922, Chapter 615.)

I. SCOPE AND APPLICATION.

1. Applies automatically to persons, partnership, association,
corporation and legal representative or receiver or trus-
tee employing workmen in hazardous employments, in-
cluding the state and municipal corporation and other
political subdivisions thereof, and to employees who are
in service of an employer carrying on a hazardous busi-
ness, but shall not include farm laborers or domestic
servants. The hazardous employments are enumerated
under forty-seven groups, including construction and op-
eration and repair of railways, car shops, construction
and repair of telegraph and telephone lines, operation and
repair of vessels, longshore work, paving and road build-
ing, lumbering, manufacturing, milling, printing, etc.
2. Any employer not carrying on enumerated hazardous em-
ployments, or who, carrying on one of such employments,
has in his employ an employee not included within stat-
utory definition of "employee" and the employees of any
such employer may, by joint election, elect to become sub-
ject to provisions of chapter, by the employer posting no-
tices and by filing a written acceptance with Commission
that he accepts, and employee shall be deemed to have
accepted if at time of accident the employer has not with-
drawn his election and employee has not given notice at
time of entering into contract of hire that he elects not
to be subject to provisions of chapter. A minor employee
is deemed sui juris for purpose of making election.

3. Every employer subject to chapter shall pay or provide
compensation according to schedule for disability or death
of employee; from injury sustained in employment with-
out regard to fault as to cause of injury except when
occasioned by willful intention of employee or where in-
jury results from intoxication of employee; where thus
occasioned neither injured employee or dependent shall
receive compensation. Liability of employer shall be ex-
clusive and in place of any other liability, except if em-
ployer fail to secure payment of compensation an injured
employee or legal representative, at his option, may elect
to claim compensation under this chapter or maintain

action for damages. In such action it shall not be necessary to plead or prove freedom from contributory negligence, nor may defendant plead as defense negligence of fellow servant, nor that injury was due to contributory negligence of employee or he assumed the risk.

4. Compensation shall be payable for disabilities sustained or death incurred resulting from an enumerated list of occupational diseases.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

(a) If surviving wife (or dependent husband) and no children under 18 years, to such wife 30 per cent of average wages of deceased during widowhood, with two years. compensation in one sum upon remarriage, and if there be surviving child or children under 18 years, additional amount of 10 per cent of wages for each child until of age of 18; in case of subsequent death or remarriage of surviving wife any surviving child of deceased employee, at time under 18, shall have his compensation increased to 15 per cent of such wages, and same shall be payable until he shall reach the age of 18 years; provided, that the total amount payable shall in no case exceed 66% per cent of such wages. The Board may, in its discretion, require appointment of guardian for purpose of receiving compensation of minor child; in absence of such requirement by Board, appointment of guardian for such purpose shall not be necessary.

(b) If there is surviving child or children of deceased under age of 18 years, but no surviving spouse, then for support of each such child until of age of 18, 15 per cent of wages of deceased, provided that the aggregate shall in no case exceed 662% per cent of wages.

(c) If there is no surviving wife or dependent husband or child under age of 18, or if amount payable to surviving wife or dependent husband and children under age of 18 shall be less in the aggregate than 662% per cent of average wages of deceased, then for support of grandchildren or brothers and sisters under age of 18, if dependent on deceased at time of accident, 15 per cent of such wages for the support of each person until 18 years, and for the support of each parent or grandparent of deceased if dependent upon him at time of accident, 25 per cent of wages during such dependency. But in no case shall aggregate amount payable under this subdivision exceed the difference between 622 per cent of such wages and the amount payable as hereinbefore provided to surviving wife or for support of surviving child or children.

(d) Any excess wages over $125.00 a month shall not be taken into account in computing compensation under this section. All questions of dependency determined as of time of accident.

(e) Compensation to aliens not residents of United States shall be same amount as provided for residents, except dependents in any foreign country shall be limited to surviving wife or children, or if none, to surviving father and mother whom employee had supported wholly or in part for year prior to accident.

(f) Reasonable funeral expenses not exceeding $100.00.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. Employer shall provide for injured employee such medical, surgical or other attendant or treatment, nurse and hospital service for such period as nature of injury or process of recovery may require. If employer fails to provide after request, injured employee may do so at expense of employer, and employee shall be entitled to recover amount so expended. Claim shall not be valid against employer unless 20 days following first treatment physician furnish to employer and Commission report of injury and treatment.

(b) Temporary total disability. Sixty-six and two-thirds per cent of average weekly wages to employee during continuance thereof, not in excess of $3,500.00.

(c) Temporary partial disability. Two-thirds of difference between injured employee's average weekly wages before accident and wage-earning capacity after accident in same or another employment, not to exceed $3,500.00. (d) Permanent partial disability. Partial in character, but permanent in quality, compensation 662% per cent of average weekly wages, and shall be paid to the employee for period named in this schedule, as follows:

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m. Loss of hearing of both ears, for 150 weeks.
n. Phalanges. For loss of more than one phalange of a
digit shall be the same as for the loss of the entire
digit. Compensation for loss of first phalange shall
be one-half of compensation for loss of entire digit.

o. Amputated arm or leg. Compensation for arm or leg
if amputated at or above elbow or knee shall be the
same as for loss of arm or leg, but if amputated be-
tween the elbow and the wrist or knee and ankle
shall be the same as for loss of hand or foot.
p. Binocular vision or per centum of visions. Loss of
binocular vision or for 80 per cent or more of the
vision of an eye shall be for loss of eye.

q. Two or more digits. For loss of two or more digits or
one or more phalanges of two or more digits of a
hand or foot may be proportioned to loss of use of
the hand or foot occasioned thereby, but shall not
exceed the compensation for loss of hand or foot.
r. Total loss of use. For permanent total loss of use of
a member shall be the same as for loss of the
member.

s. Partial loss or partial loss of use. For permanent par-
tial loss or loss of use of member may be for pro-
portionate loss or loss of use of member.

t. Other cases. In all other cases in this class of disability the compensation shall be 6623 per cent of difference between his average weekly wages and his wageearning capacity thereafter in same employment and otherwise, payable during continuance of such partial disability, but subject to reconsideration of degree of such impairment by the Board on its own motion or upon application of party in interest.

Effect of award. An award made to claimant under foregoing clause shall, in case of death arising from causes other than the injury, be payable to and for benefit of persons following: (a) if surviving wife (or dependent husband) and no child of deceased under 18 years of age, to such wife or dependent husband; (b) if surviving wife (or dependent husband) and surviving child or children under age of 18, onehalf shall be paid to surviving wife or dependent husband and the other half to surviving child or children. Board, in discretion, may require appointment of guardian for minor child, in absence of such requirement no appointment necessary; (c) if there be a surviving child or children of deceased under age of 18 years, but no surviving wife or dependent husband, then to such child or children.

An award for disability may be made after death. Compensation for disability shall not exceed $20.00 per week, nor less than $8.00 per week, provided if employee's wages at time of injury are less than $8.00 per week he shall receive full wages.

(e) Disfigurement. Board may award proper and equitable

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