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النشر الإلكتروني

XIII. PRE-EXISTING DISEASES AND INJURIES.

If employee who has previously incurred permanent partial disability incurs a subsequent permanent partial disability, such that compensation payable for the liability resulting from the combined injuries is greater than the compensation which, except for the pre-existing disability, would have been payable for the later injury, the employe shall receive compensation on the basis of combined injuries, but charge against the rating of his employer shall be for latter injury only.

Should a a further accident occur to workman already receiving monthly payment under section for compensation for disability, or who has been previously the recipient of a lump sum payment under this act, his future compensation shall be adjusted according to the other provisions of subsection 2 of section II, and with regard to combined effect of his injuries and his past receipt of money under this act.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Any workman entitled to receive compensation under this act is required, if requested by Commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for workman, and as may be provided by rules of Commission. If workman refuses or obstructs such examination, right to monthly compensation shall be suspended until examination takes place, and no compensation shall be payable during such period. Compensation will be suspended for unsanitary or injurious practices.

XV. JURISDICTION AND PROCEDURE.

Workman shall file with Commission his application for compensation on blanks furnished by Commission, with certificate of physician who attended him, and where death results application must be accompanied by proof of death, proof of relationship and certificate of attending physician, if any.

The Commission shall have full power and authority to hear and determine all questions within its jurisdiction, but any beneficiary not satisfied with

decision or finding of said Commission may, within sixty days after notice of final action of said Commission, appeal to Circuit Court of State of Oregon for county in which claimant resides. Notice that appeal is filed is sufficient to give Circuit Court jurisdiction, and case shall thereafter be tried as other civil cases in said court. Upon such appeal the Court shall determine whether Commission justly considered all facts concerning injury, whether it exceeded the powers of act, misconstrued law or facts, whether it made proper award, and if it determines Commission has acted within its power the decision of Commission shall be affirmed; otherwise, reversed or modified, and in case of reversal or modification referred back to Commission with directions to fix compensation in accordance with findings made by the Court. Appeals may be taken from judgment of Circuit Court as in other cases.

PENNSYLVANIA.

(Enacted 1915, Purdon's Digest of Statute Law, Volume 8, 1916-1921, page 9237; Amended Laws 1921, pages 910, 966.)

I. SCOPE AND APPLICATION.

1. It includes natural persons, partnerships, joint stock companies, corporations for profits, corporations not for profits and employees who perform services for another for a valuable consideration, exclusive of casual employments and not in regular course of business, who shall by agreement either express or implied accept provisions of act for payment of compensation for personal injury or death of employee by accident in course of employment without regard to negligence, provided no compensation shall be made when injury or death be intentionally inflicted, and this act shall not apply to any person in domestic service or agriculture.

2. In every contract of hiring made after December 31, 1915, it is conclusively presumed that parties have accepted the provisions of this act and agreed to be bound thereby, unless there is an express statement in writing from either party to the other that the provisions of the act are not intended to apply, and a true copy of such statement filed with the Bureau after service and before accident had occurred.

3. Contracts by commonwealth, municipalities, municipal divisions or subdivisions which contracts involve construction of work involving employment of labor shall contain a provision that contractor will accept Compensation Act and will insure his liability thereunder and file with municipality or Board a certificate of exemption from insurance from Bureau. Proof of acceptance of Compensation Act by contractor with commonwealth, municipality, etc., required.

4. In action for damages for injury or death of employee in course of employment, it shall be no defense (a) that injury was caused by fellow employee; (b) that employee had assumed the risk, that injury was caused by negligence of employee, unless caused by intoxication or indifference to danger.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

(a) To child or children, if there be no widow nor widower entitled to compensation, 30 per cent of wages of deceased, with 10 per cent additional for each child in excess of two, with maximum of 60 per cent, to be paid to their guardian.

(b) To widow or widower if no children, 40 per cent of

wages.

(c) To widow or widower, if there be one child, 50 per cent

of wages.

(d) To widow or widower, if there be two or more children,
60 per cent of wages.

(e) If neither widow, widower nor children, then to father or
mother, if dependent to any extent upon employee at time
of accident, 20 per cent of wages; provided, that in case
of minor child who has been contributing to his parents,
dependency of said parents shall be presumed, and pro-
vided if father or mother was totally dependent on de-
ceased at time of accident, the compensation payable to
such father and mother shall be 40 per cent of wages.
(f) If there is neither widow, widower or children nor de-
pendent parents entitled to compensation then to brothers
and sisters actually dependent, 15 per cent of wages for
one brother or sister, and 5 per cent additional for each
additional brother or sister, with maximum of 25 per cent,
such compensation to be paid to their guardian.
(g) Whether or not there be dependents as aforesaid, the
reasonable expenses of last sickness and burial, not exceed-
ing $100.00, payable to dependents of, if not dependents to
personal representative.

(h) Compensation payable to any child, brother or sister, only
if and while such child, brother and sister is under age of
sixteen years. No compensation shall be payable to widow
unless she is living with deceased husband at time of
death or was then actually dependent upon him for his
support. No compensation payable to widower unless in-
capable of self support at time of wife's death and be at
such time dependent. The terms "child" and "children"
shall include stepchildren and adopted children and chil-
dren to whom he stood in loco parentis, if members of
decedent's household at time of death and shall include
posthumous children. Should dependent of deceased em-
ployee die or remarry, or should widow become capable
of self support, the right of such dependent or widower
to compensation shall cease; provided, upon remarriage of
widow other than nonresident alien widow, if employer
shall pay such widow the then value of compensation pay-
able to her during one-third of the period during which

compensation remains payable, but not exceeding 100 weeks calculated in accordance with provisions of section 316 of this article. If compensation payable to any person shall cease, the compensation to remaining persons entitled thereunder shall thereafter be the same as would have been payable to them had they been the only persons entitled to compensation at time of death of deceased. (i) Wages upon which death compensation shall be based shall not in any case be taken to exceed $20.00 per week nor less than $10.00 per week, paid during 300 weeks, if children entitled to compensation, compensation of each child shall continue after said period of 300 weeks until child reaches sixteen, at rate of 15 per cent of wages, if but one child, with 10 per cent additional for each additional child, with maximum of 50 per cent. Board may direct compensation of children payable to parents or guardian. Compensation of insane person may be paid to guardian.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. During first thirty days after disability, employer shall furnish reasonable surgical and medical service and supplies when needed, cost not to exceed $100.00, in addition, hospital service for thirty days. (b) Total temporary disability. No provision. (c) Temporary partial disability. No provision. (d) Partial disability. Sixty per cent of difference between wages of injured employee and earning power of employee thereafter, but such compensation shall not be more than $12.00 per week. Compensation shall be paid during period of such partial disability, not, however, beyond 300 weeks, after tenth day of such partial disability. Should total disability be followed by partial disability, the period of 300 weeks, mentioned in this clause, shall be reduced by number of weeks during which compensation was paid for such total disability.

(e) Disfigurement. For serious and permanent disfigurement of head or face of such character as to produce an unsightly appearance, and such as is not usually incident to the employment, 60 per cent of wages, not to exceed 150 weeks.

(f) Specific injuries. For all disability from permanent injuries of following classes compensation shall be exclusively as follows:

For loss of hand, 60 per cent of wages for 175 weeks.
For loss of arm, 60 per cent of wages for 215 weeks.
For loss of foot, 60 per cent of wages for 150 weeks.
For loss of leg, 60 per cent of wages for 215 weeks.
For loss of eye, 60 per cent of wages for 125 weeks.

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