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النشر الإلكتروني

Loss of fourth finger, called little finger, 6623 per cent average weekly wages during 15 weeks.

Loss of second or distal phalange of thumb shall be considered to be equal to loss of one-half of such thumb; the loss of more than one-half of such thumb shall be considered to be equal to loss of whole thumb.

Loss of third or distal phalange of any finger considered to be equal to loss of one-third of such finger.

Loss of middle or second phalange of any finger shall be considered to be equal to loss of two-thirds of such finger.

Loss of more than middle and distal phalange of any finger shall be considered equal to loss of whole finger, provided that in no case will the amount received for more than one finger exceed the amount received in this schedule for loss of hand.

Loss of metacarpal bone (bones of palm) for the corresponding thumb, finger or fingers as above, add ten weeks to number of weeks above.

For ankylosis (total stiffness of) or contractures (due to scars or injuries) which make any of fingers, thumbs or parts of either of them useless, same number of weeks apply to such members or parts thereof as given above.

For loss of hand, 662 per cent of average weekly wages during 150 weeks.

Loss of arm, 6623 per cent average weekly wages during 200 weeks.

Loss of great toe, 6623 per cent of average weekly wages for 30 weeks.

Loss of one of toes, other than great toe, 66% per cent average weekly wages during 10 weeks.

Loss of more than two-thirds of any toe shall be considered equal to loss of whole toe.

Loss of less than two-thirds of any toe shall be considered no loss.

Loss of foot, 663 per cent average weekly wages for 125 weeks.

Loss of leg, 6623 per cent average weekly wages for 175 weeks.

Loss of eye, 66% per cent of average weekly wages during 100 weeks.

For permanent partial loss of sight of an eye, 662% per cent of average weekly wages for such portion of 100 weeks as Commission may in each case determine, based upon percentage of vision actually lost as result of casualty, but in no case shall an award be made for less than a 25 per cent loss of vision.

The amounts specified are subject to limitation not to exceed $15.00 per week.

(g) Permanent total disability. Award shall be 6623 per cent of average weekly wage and continue until death of such person so totally disabled, but not to exceed maximum of $15.00 per week and not less than minimum of $5.00, unless wages are less than $5.00 at time of injury, in which event he shall receive compensation equal to wages.

The loss of both hands or both arms or both feet or both legs or both eyes, or any two thereof, shall prima facie constitute total and permanent disability, to be compensated according to provisions of this section.

III. BASIS FOR COMPUTING COMPENSATION.

The average weekly wage of injured person at time of injury shall be taken as basis upon which to compute the benefits.

If it is established that injured employee was of such age and experience when injured as that under natural conditions his wages would be expected to increase, the fact may be considered in arriving at his average weekly wages.

IV. LUMP SUM.

The Board may, under special circumstances and when same is deemed advisable, commute periodical benefits to one or more lump-sum payments.

V. WAITING PERIOD.

No compensation allowed for first week after injury, except disbursements for medical, nurse and hospital service and for funeral expenses.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

The act has no provisions as to notice. The rules of the Industrial Commission provide reports of injuries resulting in disabilities of seven days or less shall be filed on or before tenth day of month immediately succeeding month in which they occur, and notice of injury or death must be filed within two weeks after the injury or death. The rules provide the employer shall report to Commission each injury sustained.

In case of injury or death, claims for compensation shall be forever barred unless within two years after injury or death application shall have been made to Industrial Commission or employer has elected to pay

compensation direct. Laws of Ohio, 1919, Part 1, Sec. 1465-72a.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

1. Every employer shall furnish the Commission, upon request, all information required by it to carry out purpose of this act. Every employer shall mail statement containing number of employees during preceding year and amount of wages paid, and commission shall classify occupations and industries and fix rates of premiums to provide compensation and maintain state insurance fund from year to year. Every employer shall pay semiannually into state insurarce fund the amount of premiums determined and fixed by Commission.

2. Employer shall keep a record of injuries to his employees and within week after occurrence report the same to State Board.

Employers who will abide by rules of Commission and may be of sufficient financial ability to render payment of compensation certain may, upon finding of Commission, elect to pay individually such compensation, and Commission may require security or bond from said employers.

VIII. SETTLEMENTS

AGREEMENTS.

All contracts and agreements indemnifying employer against loss or liability on account of death or injury to employee shall be absolutely void and of no effect. No agreement by employee to waive rights to compensation shall be valid. No agreement for deduction of portion of premium from wages shall be valid.

IX. WAIVER.

Agreement to waive rights void.

X. CONTRACTORS AND OWNERS, WITH RELATIONS AND LIABILITIES.

Every person in service of any independent contractor who failed to pay into state insurance fund premiums determined or elected to pay compensation direct to his employees shall be considered as an em

ployee of person who has entered into contract with such independent contractor, unless such employees or their beneficiaries elect after injury or death to regard such independent contractor as the employer.

XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

No provision considering this subject.

XII. SUBROGATION.

No provision considering this subject.

XIII. PRE-EXISTING DISEASES AND INJURIES.

Where the employee of an employer who elects to pay compensation individually has suffered loss of hand, arm, foot, leg or eye prior to injury for which compensation is to be paid and thereafter suffers the loss of any other of said members as result of an injury sustained in course of employment, the compensation to be paid by such employer shall be limited to disability suffered in subsequent injury; additional compensation, if any, to be paid by Industrial Commission out of surplus created.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Employee claiming right to compensation may be required by Industrial Commission to submit himself for medical examination at any time and from time to time at place reasonably convenient to employee, and as may be provided by rules of Commission. If required to submit to examination outside of state he shall be entitled to expenses. If employee refuses to submit to examination or obstructs same his right to have pending claim considered or receive payment for compensation heretofore granted shall be suspended.

XV. JURISDICTION AND PROCEDURE.

The Industrial Commission shall have full power and authority to determine all questions within its jurisdiction and decision thereon shall be final; provided, where claimant is denied right to participate in

fund on jurisdictional ground, then claimant within thirty days after final action may appeal to Common Pleas Court of county where injury was inflicted, be entitled to trial in ordinary way, and be entitled to jury trial if he demands it. If court determines in favor of right to compensation it shall fix the compensation, and any final judgment so obtained shall be paid out of state insurance fund. Claims for medical, hospital, funeral expenses denied by Commission may be appealed to Court of Common Pleas. Either party in any proceeding shall have the right to prosecute error as in ordinary civil cases.

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