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who is suffering from a previous disability shall not receive compensation for a later injury in excess of the compensation allowed for such injury when considered by itself and not in conjunction with the previous disability.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

An injured employee claiming or entitled to compensation shall submit to such physical examination as Commissioner or board may require; place shall be reasonably convenient to him; such physician or physicians as employee or carrier may select and pay for may participate in examination if employee or carrier requests. Proceedings shall be suspended and no compensation payable during period during which he may refuse to submit to examination.

XV. JURISDICTION AND PROCEDURE.

At any time after expiration of first fourteen days of disability on part of injured employee, or at any time after death, claim for compensation shall be presented to employer or to Commissioner. The board shall have full power and authority to determine all questions in relation to payment of claim presented to it. Commissioner or board shall make an investigation, and upon application of either party order a hearing, and within 30 days after claim is submitted or hearing closed make or deny an award and determine claim for compensation. Upon hearing, either party may present evidence and be represented by counsel. Decision of board shall be final as to all questions of fact. Award or decision of board shall be final as between parties and against state fund unless reversed or modified on appeal. Within 30 days after notice of filing of award or decision of board has been sent to parties, an appeal may be taken to the Appellate Division of Supreme Court, Third Department, from award or decision by any party in interest, including employer insured in state fund, and board may certify questions of law. Such appeals shall be heard in summary manner. An appeal may be taken to Court of Appeals in all cases where decision of Appellate Court is not unanimous, and by

consent of Appellate Division or Court of Appeals where decision of Appellate Division is unanimous, in the same manner and subject to same limitations not inconsistent herewith as is now provided in civil actions. Neither Commissioner nor board nor claimant shall be required to file bond upon appeal to Court of Appeals; otherwise such appeals shall be subject to law and practice applicable to appeals in civil actions.

In case of default by employer in payment of an award for 30 days after payment is due, or where employer has failed to secure payment as required, any party in interest may file with County Clerk for county in which injury occurred, or county where employer's principal business is located, a certified copy of decision of board, and thereupon judgment must be entered in Supreme Court by clerk, and such judgment shall have the same effect and be subject to same proceeding as though rendered in suit duly heard and determined, except no appeal may be taken therefrom.

NORTH CAROLINA.

(No Workmen Compensation Law.)

NORTH DAKOTA.

(Enacted Laws 1919, page 44; Amended Special Session 1919; Laws 1921, pages 137-143.)

I. SCOPE AND APPLICATION.

1. In the exercise of the police and sovereign powers, hereby declares that the prosperity of state depends upon well being of its wage workers, and therefor for workmen engaged in hazardous employments and their families and dependents, sure and certain relief is provided, regardless of question of fault and to the exclusion of other remedies, proceeding and compensation, except as otherwise provided in this act and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of courts over such causes of action are abolished.

2. It applies to state and all political subdivisions thereof, all public and quasi public corporations and every person, partnership, association and private corporation, including public service corporations and legal representatives or receivers or trustees carrying on a hazardous employment and employees under contract, including aliens and minors, whether lawfully or unlawfully employed, but excluding casual employees and not in course of trade, business, profession or occupation of employer nor agriculture and domestic service and any common carrier by steam railroad.

3. Every employer shall contribute to workmen's compensation fund and having contributed, shall be relieved from liability for personal injuries or death sustained by employees entitled to compensation, and persons entitled to compensation shall have recourse to compensation fund and not to employer. Employers who comply with provisions of act regarding contribution to compensation fund shall not be liable to respond to damages at common law or by statute for injury or death during period covered by premiums paid into compensation fund, provided this section shall not apply to minors employed in violation of law.

4. Employer who fails to comply with provisions of act shall not be entitled to benefits of act during period of noncompliance, but shall be liable for damages for injuries or death and in such actions defendants shall not avail

of common-law defense of fellow-servant rule; assumption of risk or defense of contributory negligence.

5. Any employee who has failed to comply with provisions of act who has been injured or whose death has occurred may in lieu of action against employer file his application for compensation.

6. Any employer carrying on any employment not classed as "hazardous" who complies with act and who pays premiums shall not be liable to pay damages at common law or by statute for injuries or death of employees during period covered by such premiums, provided employee has remained in service with notice his employer has paid premiums as provided by act, the continuation in service of such employer with such notice shall be deemed a waiver by employee of his right of action as aforesaid.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH WITHIN SIX YEARS SHALL PAY FOR FOLLOWING PERIOD A WEEKLY COMPENSATION EQUAL TO FOLLOWING PERCENTAGES OF DECEASED EMPLOYEE'S WEEKLY WAGES, SUBJECT TO MODIFICATION THAT NO COMPENSATION SHALL BE PAID WHERE DEATH TAKES PLACE MORE THAN ONE YEAR AFTER CESSATION OF DISABILITY RESULTING FROM INJURY OF IF NO DISABILITY PRECEDING DEATH MORE THAN ONE YEAR AFTER INJURY:

(a) To the widow, if no children, 35 per cent, to be paid until death or marriage; in case of marriage there shall be paid to her lump sum equal 156 weeks compensation. (b) To widower, if there is no child, 35 per cent, if wholly dependent for support upon deceased at time of her death; compensation to be paid until death or marriage. (c) To widow or widower, if a child, compensation payable under clause "a" or clause "b" and in addition, 10 per cent for each child, not to exceed a total of 6623 per cent for such widow or widower and children, the compensation payable on account of any child shall cease when he dies, marries or reaches the age of 18, or if over 18 and incapable of self-support, becomes capable of selfsupport.

(d) To children, if is no widow or widower, 25 per cent for one child and 10 per cent additional for each additional child, not to exceed 6623 per cent, divided among such children share and share alike. Compensation of each child shall be paid until he dies, marries or reaches age of 18 and incapable of self-support becomes capable of self-support. Compensation of child under legal age shall be paid to guardian.

(e) To parents, if one is wholly dependent for support upon the deceased employee at time of his death, and other is

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