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VIII. SETTLEMENTS—AGREEMENTS.

No agreement by employee to pay premiums paid by employer for costs of insurance carried for providing compensation shall be valid.

IX. WAIVER.

No agreement by employee to waive his right to compensation under act shall be valid.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

A principal contractor, intermediate or subcontractor shall be liable for any compensation to any employee injured while in the employ of an intermediate or subcontractor and engaged upon the subject matter of his contract to the same extent as his immediate employer. Any principal, intermediate or subcontractor who shall pay compensation under the foregoing provisions may recover the amount paid from subordinate subcontractor through whom he may have been rendered liable under this section.

XI. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION.

No provision considering this subject.

XII. SUBROGATION.

If workman entitled to compensation under this act be injured by negligence of third party, such injured workman, before suit or claim under this act, shall elect whether to take compensation or pursue his remedy against third party. If he elects to take compensation the cause of action shall be assigned to insurance carrier liable for compensation, and if he elects to proceed against such other person or insurance carrier, as case may be, shall contribute only the deficiency, if any, between amount recovered against such third person and compensation provided or estimated by act for such case. The compensation of any such case in action by workman at any less than compensation provided by this act shall be made with written approval of Commission.

XIII. PRE-EXISTING DISEASES AND INJURIES.

No provision considering this subject.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

An employee injured or claiming compensation, if requested by Commission, shall submit himself for medical examination at time and from time to time at place reasonably convenient for employee; if employee or insurance carrier request, he shall be entitled to have physician present of his own selection. If employee refuses to submit to examination, his right to prosecute shall be suspended, and no compensation payable for such period of refusal.

XV. JURISDICTION AND PROCEDURE.

At any time after expiration of first seven days of disability, injured employee may present claim to Commission. If parties reach an agreement a memorandum of such agreement signed by parties shall be filed and if approved shall, in absence of fraud, be binding.

The Commission has full power to determine questions relating to payment of claims, and shall make investigation and upon application of either party shall order hearing, and after hearing is closed shall make or deny award, determine claim for compensation and file same in office of Commission, together with statement of its conclusions of law and fact. The Commission before making an award may require claimant to appear before arbitration committee before which evidence shall be adduced and by which it shall be considered and reported. Decision of Commission shall be final as to all questions of fact, unless within thirty days after copy of award or decision has been sent by Commission to parties affected, an action is commenced in Supreme Court to review such award or decision, said Court to have original jurisdiction.

OREGON.

(Enacted 1913; Laws of 1920, Volume 2, Title 37; Amended Laws 1921, Chapter 311.)

I. SCOPE AND APPLICATION.

1. Applies to all persons, firms and corporations engaged as employers in hazardous occupations as specified, including construction work, operation of logging railroads, electric light and power plants, telephone and telegraph systems, factories using power-driven machinery and other specified hazardous occupation, and workmen employed by persons, firms and corporations who are emplovers subject to act, unless they elect not to accept benefits of the act. Where employer is engaged in hazardous occupation and also in another occupation which is nonhazardout, he nor his workman engaged in nonhazardous occupations shall not be subject to act except by election; and railroad company operating as a common carrier of freight or passengers, shall be engaged in one or more hazardous occupations other than maintenance of a railroad, such railroad, by filing written statement, may elect to be subject to act as to hazardous occupations other than maintenance and operation of railroad, and not subject to such railroad maintenance and operation. Farming is not a hazardous occupation, but may be subject to act by election.

2. The state and municipal divisions engaged in occupation, whether hazardous or nonhazardous, and any employer may give notice of his election by posting notices that he has elected to contribute to funds and any employee or workman shall be entitled within five days after posting of said notice to give written notice to employer not to become subject to act, otherwise employer and his workmen not given written notice are subject to act.

3. If employer elects not to accept act, he shall be relieved of obligations to contribute to industrial accident fund and shall be entitled to none of benefits of act and shall be liable for injuries and death of employees occasioned by his negligence as if act had not been passed and after act takes effect, in action against him, it shall be no defense to show injury was caused by fellow servant, negligence of injured workman or he assumed the risk. Employer rejecting act may accept benefits by giving notice.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

(a) If workman leaves widow or invalid widower, a monthly payment of $30.00 throughout life of surviving spouse, to cease at end of month in which remarriage occurs, and surviving spouse shall also receive $8.00 per month for each child or dependent stepchild of deceased under age of sixteen until such minor shall reach age of sixteen. Upon remarriage of widow she shall receive once and for all a lump sum ten times her monthly allowance, viz., sum of $300.00, but the monthly payments for child or children shall continue as before.

(b) If workman leaves no wife or husband, but child or children under sixteen, a monthly payment of $15.00 shall be made to each child until such child shall reach age of sixteen; provided, if any child is under age of sixteen and over fifteen years of age he shall be entitled to recover such payments for one year.

(c) If workman leaves no widow or widower or child under age of sixteen years, but leaves a dependent or dependents, a monthly payment shall be made to each dependent equal to 50 per cent of average monthly support actually received by such dependent from workman during twelve months next preceding the occurrence of injury, but total payments to all dependents in any case shall not exceed $30.00 per month. If any dependents are under age of sixteen years at time of occurrence of injury, payment to such dependents shall cease when such dependents shall reach age of sixteen, except a daughter, the payment to whom shall cease when she shall have reached the age of eighteen; provided, however, if any child is under age of sixteen and over age of fifteen he shall be entitled to recover such payments for a period of one year. The payment to any dependent shall cease, if, when under the same circumstances the necessity for creating the dependency would have ceased, the injury had not happened. If workman is under age of twenty-one years and unmarried at time of his death, the parents or parent of workman shall receive $25.00 per month for each month after his death until the time at which he would have arrived at age twenty-one, provided that such parents shall be entitled thereafter to compensation as dependents under provisions of first clause of this paragraph.

(d) In event surviving spouse receiving monthly payments shall die, leaving a child or children, under age of sixteen years, the sum he or she shall be receiving on account of such child or children shall thereafter until such child shall arrive at age of sixteen years, be paid to child, increased to $15.00 per month; provided, if any such child

is under sixteen years and over fifteen years of age he shall be entitled to recover payments for period of one year. Payments for incompetent dependents, orphaned or abandoned child or children left to care of some person other than surviving parent or step-parent may, in discretion of Commission, be made to person or persons caring for such incompetent dependents or children. (e) Where death results from injury, expense of burial shall be paid in all cases, not to exceed $100.00 in any case.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid. The Commission shall have authority to provide first aid to workmen, together with transportation, medical and surgical attendance and hospital accommodations, expenditures being under supervision of Commission, but in no case shall Commission approve expenditure of more than $100.00 for hospital accommodations, $100.00 for surgical and medical service and $50.00 for transportation, medicine, X-ray plates or supplies. Commission shall supply with an artificial arm or leg.

(b) Total temporary disability. When total disability only temporary, workman shall receive during period of disability:

1. If unmarried at time of injury, or, if married having
husband not an invalid, compensation equal to 40 per
cent of wages, not more than $55.00 per month.
2. If workman leaves wife or invalid husband, but no
children under sixteen, compensation equal to 48 per
cent of wages, not more than $65.00 per month.
3. If workman have wife or invalid husband, and child
under sixteen, 53 per cent of wages, not more than
$73.00 per month.

4. If workman have wife or invalid husband and two
children under age of sixteen, 58 per cent of wages,
but not more than $81.00 per month.

5. If workman have wife or invalid husband and three children under sixteen, 63 per cent of wages, not $89.00 per month.

6. If workman have wife and invalid husband and four or more children under age of sixteen, two-thirds of wages, not more than $97.00 per month.

7. If workman be widow or widower and have one or more children under sixteen years of age, 40 per cent of wages, not more than $55.00 per month, and on behalf of said children, 5 per cent of wages, but not more than $8.00 per month additional for each child under sixteen.

8. In no event shall rate of compensation for temporary total disability be less than $30.00 for unmarried

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