workman, and $40.00 per month for workman having wife or invalid husband, unless actual wages be less than these amounts, in which event compensation equal to wages shall be paid.

(c) Temporary partial. When disability is or becomes partial only and is temporary in character, the workman shall receive for a period not exceeding two years that proportion of the payments provided for total disability which his earning power at any kind of work bears to that existing at time of occurrence of injury. (d) Permanent partial. Permanent partial disability means the loss of either one arm, one hand, one leg, one foot, loss of hearing in one or both ears, loss of one eye, one or more fingers, any dislocation where ligaments are severed, or any other injury known in surgery to be permanent partial disability. Where permanent partial disability shall result from injury workman shall receive $25.00 per month for period stated against such injury as follows:

Loss by separation of one arm at or above elbow joint, or permanent or complete loss of use of one arm, 96 months.

Loss or separation of one hand at or above wrist joint, or permanent and complete loss of use of one hand, 76 months.

Loss by separation of one leg, at or above knee joint, or by the permanent and complete loss of use of one leg, 88 months.

Loss by separation of one foot at or above ankle joint, or the permanent or complete loss of use of one foot, 64 months.

Permanent and complete loss of hearing in both ears, 96 months.

Permanent and complete loss of hearing in one ear, 36 months.

Permanent and complete loss of sight of one eye, 40 months.

Loss by separation of thumb, 24 months.

Loss by separation of first finger, 16 months; a second finger, 9 months; a third finger, 8 months; fourth finger, 6 months.

Loss of one phalange of thumb considered equal to loss of one-half of thumb; loss of one phalange of finger equal to loss of one-third of finger, and the loss of two phalanges of a finger equal to loss of one-half of finger, and compensation for respective proportions of the period above shall be payable.

Loss of more than one phalange of thumb, or more than two phalanges of finger shall be considered as loss of entire thumb and finger.

Loss by separation of great toe, 10 months; any other toe, 4 months.

In other cases of injury resulting in permanent partial disability, the compensation shall bear such relation to the periods stated in this clause as the disabilities bear to those produced by the injuries named in this schedule and payments shall be made for proportionate periods not exceeding 96 months.

If any workman entitled to compensation on account of permanent disability shall have received compensation for either temporary total disability or temporary partial disability by reason of the same injury which shall entitle him to compensation for permanent partial disability, the number of months during which he shall be entitled to payments for such permanent partial disability shall be in addition to the number of monthly payments which he shall have received on account of such temporary total disability or temporary partial disability.

In case of death of workman receiving monthly payments on account of permanent partial disability, such payments shall continue for period during which such workman, if surviving, would have been entitled thereto, and such payments shall be made to person or persons who would have been entitled to death benefits if injury causing such disability had been fatal, but nothing herein contained shall be construed to entitled any person or persons to double payments on account of death of workman and continuation of payments for permanent partial disability, or to a greater sum in aggregate than if such injury had been fatal.

(e) Disfigurement. No provision.

(f) Specific injuries. See "d," permanent partial disability. (g) Total permanent disability. Means the loss of both feet

or hands, or one foot and one hand, total loss of eyesight or such paralysis or other condition permanently incapacitating workman from performing any work at any gainful occupation.

When permanent disability results from injury, workman shall receive monthly during period of such disability:

1. If unmarried at time of injury, $30.00.

2. If workman have a wife or invalid husband, but not children under sixteen years, $35.00. If husband is not an invalid, monthly payments of $35.00 be reduced to $30.00.

3. If workman have wife or husband and child or children under age of sixteen years, or being a widow or widower, have any such child or children, the monthly payments provided in preceding paragraph shall be

increased by $8.00 for each such child until such child shall arrive at age of sixteen years.

4. If injured workman die during period of total disability, whatever cause of death, leaving widow, invalid widower or child under age of sixteen years, the surviving widow or invalid widower shall receive $30.00 per month until death or remarriage, to be increased $8.00 per month for each child under age of sixteen years until such child shall arrive at age of sixteen years; but if such child is or shall be without father or mother, such child shall receive $15.00 per month until arriving at age of sixteen years; provided, that if any child under age of sixteen and over age of fifteen, he shall be entitled to recover such payment for the period of one year.

Upon remarriage, the payments on account of a child or children continue as before to the child or children.

(h) Hernia. Workman must prove (1) that hernia did not exist prior to date of accident; (2) that it was immediately preceded by accident arising out of employment. Workman, after establishing right to compensation for hernia, when operated upon, shall be entitled to receive from industrial accident fund, under provisions of clause "b" of this subsection, payment for temporary total disability for period of forty-two days. If such workman refuses to submit to operation, neither he nor his beneficiaries shall be entitled to any benefits whatsoever under this act.

(i) If aggravation, diminution or termination of disability takes place or be discovered after rate of compensation shall have been established or compensation terminated in any case. Commission may, upon application of beneficiary, or upon its own motion, readjust for future application the rate of compensation in accordance with rules in this section provided, or in proper case terminate payments.

(j) Husband or wife of injured workman who has deserted and is living apart from injured workman at time of injury shall not be beneficiary under this act.

III. BASIS FOR COMPUTING COMPENSATION.

For the purposes of act, fixing compensation in case of death or disability, the monthly wages of workmen shall be ascertained by multiplying by 26 the daily wages the workman was receiving at the time of his injury, or in case workman was regularly employed seven days a week, by multiplying by 30

the daily wage the workman was receiving at time of his injury.

Wages means money rate at which services rendered is recompensed under the contract of hiring in force at time of accident, including the reasonable value of board, rent, housing, lodging or similar advantage received from employer; and the term pay roll, as used in section 6624, shall be taken to mean a record of wages paid workmen for their services, and shall also include the reasonable value of board, rent, housing, lodging or similar advantages received from employer.

IV. LUMP SUM.

If beneficiary shall reside outside of state, or shall have been such nonresident for a period of one year, Commission may, in discretion, convert any monthly payments thereafter to become due into lump sum payment, not in any case exceeding $4,000.00, by paying sum equal to three-fourths of present value of such monthly payments, estimated as to duration of life expectancy of beneficiary, in case of death or total permanent disability, and computed according to American mortality table, and on basis of interest at rate of 4 per cent per annum. In case where period of payments for permanent partial disability does not exceed 24 months, Commission, in its discretion, may pay a lump sum equal to present worth of monthly installments payable to such injured workman.

V. WAITING PERIOD.

No provision considering this subject.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

Employee must file his application for compensation with Commission, and no application shall be valid or claim thereunder enforceable in nonfatal cases unless such claim is filed within three months after date upon which injury occurred, nor in fatal cases unless claim is filed within one year after date upon which fatal injury occurred.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

Whenever accident occurs to any workman it shall be duty of employer to at once report such accident to Commission, such report to state time, nature, cause of accident and injuries, and probable duration; whether accident arose out of employment, and any other matters rules and regulations may prescribe.

Every employer under act shall pay to Commission a percentage of his total pay roll for preceding calendar month of workmen subject to act according to and at rates fixed by act, and he is authorized to deduct 1 per cent from each day's pay roll.

VIII. SETTLEMENTS—AGREEMENTS.

No provisions considering this subject.

IX. WAIVER.

No provision considering this subject.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

No provision considering this subject.

XI. EMPLOYERS MAY BE RELIEVED OF LIABIL ITY FOR COMPENSATION.

No provision considering this subject.

XII. SUBROGATION.

If injury to workman occurring away from plant of his employer is due to negligence or wrong of another not in the same employ, the injured workman, or if death results from injury, his widow, children or dependents, as the case may be, shall elect whether to take under this act or seek a remedy against such other, such election be in advance of any suit, and if he take under this act the cause of action against such other shall be assigned to the state for the benefit of the accident fund. If any other choice is made the accident fund shall contribute only to the deficiency.