not dependent to any extent, 25 per cent; if both wholly dependent, 20 per cent to each; if one or both are partly dependent, a proportionate amount in discretion of Bureau. The above percentages shall be paid if there is no widow, widower or child. If there is a widow, widower or child there shall be paid so much of above percentage as when added to above percentages payable to widow, widower and children will not exceed total of 6623 per cent. (f) To the brothers, sisters, grandparents and grandchildren, if one is wholly dependent upon deceased, 20 per cent to such dependent; if more than one wholly dependent, 30 per cent, divided among such dependents share and share alike; if there be no one of them wholly dependent, but one or more partly dependent, 10 per cent divided among such dependents share and share alike. The above percentages shall be paid if there is no widow, widower, child or dependent parent. If there is a widow, widower, child or dependent parent there shall be paid so much of above percentage as when added to total percentages payable to widow, widower, children and dependent parents will not exceed 66% per cent. (g) The compensation of each beneficiary under clause "e" may continue until such dependent parent dies, marries or ceases to be dependent and compensation for each beneficiary under clause "f" shall be paid for a period of 8 years from date of death, unless before that time, he, if a grandparent dies, marries, ceases to be dependent, or, if a brother, sister or grandchild dies, marries or reaches age of 18, or if over 18 and incapable of self-support, becomes capable of self-support. The compensation of a brother, sister or grandchild under legal age shall be paid to his guardian. (h) Upon cessation of compensation under this section to or on account of any person compensation of remaining persons entitled to compensation for unexpired part of period during which their compensation is payable shall be that which such person would have received if they had been the only person entitled to compensation at time of decedent's death. (i) In case there are two or more classes of persons entitled to compensation under this section and apportionment of such compensation would result in an injustice, the Bureau may, in its discretion, modify the apportionment to meet requirements of case. (j) If person entitled to compensation whose compensation by terms of this section ceases upon marriage, accepts any payments of compensation after marriage, shall be guilty of a misdemeanor. (k) In computing compensation in case of death, weekly wages of deceased shall not be considered to be more than $30.00, nor less than $18.00, but the total weekly compensation shall not exceed the weekly wages of deceased. (1) Îf death results from injury within six years, compensation fund shall pay to personal representative of deceased burial expenses not to exceed $150.00. 2. INJURY NOT RESULTING IN DEATH: (a) First aid, medical. Immediately after injury and during resulting period of disability the compensation fund shall furnish to such employee such medical, surgical and hospital service and supplies as nature of injury may require. (b) Temporary total disability. No provisions. (c) Temporary partial disability. Compensation fund shall pay to disabled employee during such disability a weekly compensation equal to 663 per cent of his loss in earning capacity. (d) Permanent partial disability. The percentage which such disability bears to total disability, taking into consideration the employee's age and occupation, shall be determined and the compensation fund shall pay to disabled employee a weekly compensation equal to 66% per cent of his weekly wages for the following periods: For one per cent disability. Weeks 5.2 52 ..104 .156 ..208 ..260 312 .364 .416 .468 Weekly compensation for partial disability shall not be more than $20.00. The Bureau shall immediately fix and file its schedule of specific benefits to be allowed for specific injuries. But schedule shall not be changed more than once in a year. The Bureau shall not decrease, but may, however, in any case, for cause shown, increase such specific benefits. (e) Disfigurement. No provision. (f) Specific injuries. No provision. (g) Total permanent disability. Pay to disabled employee during such disability a weekly compensation equal to 66% per cent of his weekly wage. The weekly compensation for total disability shall not be more than $20.00 nor less than $6.00, unless employee's wages are less than $6.00, in which case compensation shall be full amount of weekly wages. In case of persons, who at time of injury were minors or employed in a learner capacity, and who were not physically or mentally defective, the Bureau shall, on any review after the time when the weekly wage-earning capacity of such persons would probably, but for injury have increased, award compensation based on such probable weekly wage-earning capacity. III. BASIS FOR COMPUTING COMPENSATION. Wages shall include the market value of board, lodging, fuel and other advantages which can be estimated in money which the employee receives from employer as a part of his remuneration. Weekly wages shall be computed in such manner as is best calculated to give the average weekly earnings of workman during the twelve months preceding his injury; provided, that where, by reason of the shortness of the time during which the workman has been in the employment, or terms of the employment it is impracticable to compute the rate of remuneration, regard may be had to average weekly earnings which, during twelve months previous to injury, were being earned by person in same grade of employment at same work by the employer of the injured workman, or if there is no person so employed by a person in the same grade employed in same class of employment and in same district. If workman at time of injury is regularly employed in higher grade of work than formerly during the year end with a large, regular wage, only such larger wages shall be taken into consideration in computing his average weekly wages. IV. LUMP SUM. Compensation to widow of deceased workman, in case of her remarriage, may be paid to her in lump sum equal to 156 weeks compensation. In case of death or permanent total or permanent partial disability, and if the bureau determines that it is for best interests of the beneficiary, the liability for compensation to such beneficiary may be discharged by the payment of a lump sum equal to the present value of all future payment of compensation computed at 4 per cent discount compounded annually. The probability of beneficiary's death before expiration of period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality; but in case of compensation to the widow or widower of deceased employee such lump sum shall not exceed 416 weeks compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded. V. WAITING PERIOD. During the first seven days of disability employee shall not be entitled to compensation except as to medical and surgical service; provided, if disability exceed seven days, compensation shall be paid for from date of injury. VI. NOTICE OF ACCIDENT-LIMITATIONS. No compensation shall be allowed unless he or someone on his behalf make written claim, by delivering it at office of bureau or depositing it in mail, properly stamped and addressed. Every claim shall be made on forms furnished by bureau, shall be ac companied by certificate of physician. All original claims for disability or death shall be made within sixty days after injury or death; for reasonable cause shown, original claims for disability or death may be made at any time within one year. If original claim is made within time herein specified bureau may at any time review award. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. Every employer of state shall keep a record of all injuries, fatal or otherwise, received by employees in course of employment, and within week after occurrence of accident resulting in injury report same to Compensation Bureau; such report shall contain name, nature, location of establishment, the name and address of injured employee, the time, nature and cause of injury. Every employer shall furnish Bureau upon request the information required to carry out purposes of this act. If the Bureau finds one is an employer within meaning of act, he shall immediately furnish Bureau with pay roll covering not exceeding twelve months last past. Every employer subject to act shall contribute to Workman's Compensation Fund in proportion to annual expenditure of money by such employer for services of persons subject to act. He shall pay annually amount of premiums determined by classification, rules and rates of bureau. VIII. SETTLEMENTS-AGREEMENTS. No agreement by any employee to pay any portion of premium paid by employer to Compensation Fund shall be valid, and any deductions of such sum from wage is a misdemeanor. No agreement by employee to waive rights to compensation under act shall be valid. IX. WAIVER. No agreement by employee to waive right to compensation shall be valid. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES. No provision considering this subject. XI. EMPLOYERS MAY BE RELIEVED OF LIABILITY FOR COMPENSATION. No provision considering this subject. XII. SUBROGATION. Where injury or death for which compensation is payable shall have been sustained under circumstances creating in some person other than Compensation Fund a legal liability to pay damages, the injured employee or dependents may at their option either claim compensation under act or obtain damages from or proceed at law against such other person to recover damages; and if compensation is claimed and awarded under act the Compensation Fund shall be subrogated to rights of injured employee or dependents to recover against that person; provided, if Compensation Fund recover damages in excess of compensation already paid or awarded under act, then such excess shall be paid to injured employee or dependents, |