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النشر الإلكتروني

XV. JURISDICTION AND PROCEDURE.

When an agreement as to compensation, in writing and signed by parties in interest on or after tenth day after accident, shall be executed, such agreement or a duplicate shall be mailed to Board; it shall be the duty of Board to examine it and determine whether it conforms to provisions of act and, within thirty days, notify parties whether it is valid or invalid. If employer and employee or dependents fail to agree, a claim may be presented to Board and after hearing it shall award or disallow compensation. Board may review, modify or set aside an agreement, for fraud or on change in disability. An appeal lies to Board from award or disallowance of referee. Any party may appeal from action of Board on matters of law to the Court of Common Pleas of county in which accident occurred. Any party may appeal to Supreme Court or Superior Court from judgment of Court of Common Pleas within thirty days after entry of judgment. Final judgment on award or order of Board or referee or on appeal therefrom may be entered in Court of Common Pleas.

RHODE ISLAND.

(Enacted 1912, Amended Laws 1913, Chapter 937; Laws 1915, Chapter 1268; Laws of 1917, Chapter 1534; Laws 1919, Chapter 1795; Laws 1921, Chapter 2095.)

I. SCOPE AND APPLICATION.

1. It includes any person, copartnership, corporation or voluntary association or legal representative of deceased employer, employing five or more and the state and each city and town therein that shall vote to accept the provisions of the act and any person who has entered into contract of employment or works under contract or service with any employer, whose remuneration does not exceed $3,000.00, in city or town such employees as shall be designated and it does not include employees of a casual nature, nor member of police and fire department of any city or town, where employer has by written statement filed with Commissioner of Labor elected to accept provisions of act, and any employee of an employer who shall have elected to become subject to provisions of act shall be held to waive his right of action at common law for damages for personal injuries, if at time of hiring he shall not have given his employer notice in writing that he claimed such right and within ten days filed copy with Commissioner of Labor.

The act does not apply to employees engaged in domestic service or agriculture nor to employers of less than five workmen, but such employers may elect to become subject to provisions of act.

2. In action for damages for injuries and for death arising out of employment it shall be no defense: (a) that employee was negligent; (b) that injury was caused by negligence of fellow servant; (c) or that employee assumed the risk.

3. The right to compensation for injury and remedy thereof granted by this act shall be in lieu of all rights and remedies as to such injuries now existing at common law or otherwise, and such right and remedies shall not accrue to employees entitled to compensation under this act while it is in effect.

4. The provisions of this article shall not apply to any public utility which is now required by law to make reports of accidents to Public Utility Commission; Public Utilities

Commission to furnish Commissioner of Labor with duplicate report of accidents.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH:

(a) To dependents of employee, a weekly payment equal to one-half his average weekly wages or earnings, but not more than $10.00, nor less than $4.00 per week, for a period of 300 weeks.

If compensation shall be payable on death is to widow of employee, upon her death the compensation thereafter payable shall be paid to the children of deceased employee, including adopted and stepchildren under age of eighteen, and over said age but physically or mentally incapacitated from earning, dependent on widow at time of her death. In case there is more than one child thus dependent, compensation shall be divided equally among them. If employee leaves only partly dependents, the employer shall pay such dependents, for a period of 300 weeks from date of injury, a weekly compensation equal to same proportion of weekly payments herein provided for benefit of wholly dependent as amount contributed annually by employee to such partial dependents bears to annual earnings of deceased at time of injury.

When weekly payments have been made to an injured employee before his death, compensation to dependents shall begin from date of last such payment, but not continue more than 300 weeks from date of injury.

If deceased leaves no dependents, the reasonable expenses of his last sickness and burial, not to exceed $200.00.

The following are conclusively presumed to be wholly dependent: Wife upon husband with whom she lives or dependent at time of or from whom she was living apart for a justifiable cause or because he deserted her; a husband upon wife with whom he lives and upon whom he is dependent at time of her death; child or children, including adopted children and stepchildren under age of eighteen, or over said age if incapacitated from earnings upon parent with whom he or they are living and upon whom he or they are dependent at time of death of such parent, there being no surviving dependent parent. In case more than one dependent child, compensation to be divided equally. In all other cases, entire or partial dependency shall be determined by facts; in other cases if more than one person wholly dependent, compensation divided equally among them and person partially dependent shall receive no compensation during such period. If one wholly dependent and more than one partly depend

ent, compensation shall be divided among them according to their relative extent of dependency. No person shall be considered dependent unless member of employee's family or next of kin, wholly or partly dependent on wages of employee for support.

2. INJURIES NOT RESULTING IN DEATH:

(a) First aid, medical. During first eight weeks after injury employer shall furnish reasonable medical and hospital service and medicine, when they are needed, not to exceed $200.00. The employee may select physician or hospital for treatment, notice of selection to be given to employer.

(b) Total temporary disability. No provision.

(c) Temporary partial disability. No provision.

(d) Partial incapacity. To injured employee a weekly compensation equal to one-half the difference between his average weekly wages before injury and average weekly wages which he is able to earn thereafter, but not more than $10.00 per week and in no case for period greater than 300 weeks from date of injury.

(e) Disfigurement. No provision.

(f) Specific injuries. The following specified injuries, the amounts named in schedule shall be paid in addition to all other compensation provided in act:

a. For loss by severance of both hands at or above wrist, or both feet at or above ankle, or for the loss of one hand and one foot or entire and irrevocable loss of sight of both eyes, one-half of average weekly wages of injured person, not more than $10.00 or less than $4.00 a week, for 100 weeks.

b. For loss by severance of either hand at or above wrist, or either foot at or above ankle, or the entire and irrevocable loss of sight of either eye, one-half of weekly wages of injured person, but not more than $10.00 nor less than $4.00 a week for period of 50 weeks.

c. For loss by severance at or above second joint of two or more fingers, including thumbs or toes, one-half of average weekly wage, not more than $10.00 nor less than $4.00 a week for period of 25 weeks.

d. For loss by severance of at least one phalange of finger, thumb or toe, one-half of average weekly wages, not more than $10.00 or less than $4.00 a week for period of 12 weeks.

(g) Total permanent disability. While incapacity for work resulting from injury is total, employer shall pay injured employee a weekly compensation equal to one-half of his average weekly wages, but not more than $16.00 nor less

than $7.00 a week, no period covered greater than 500 weeks nor amount above $5,000.00.

In following cases it shall, for purpose of this section, be conclusively presumed that the injury resulting in permanent total disability, to wit, the total and irrevocable loss of sight in both eyes, the loss of both feet at or above the ankle, the loss of both hands at or above the wrist, the loss of one hand and one foot, an injury to the spine resulting in permanent and complete paralysis of legs or arms, and an injury to skull resulting in incurable imbecility or insanity.

III. BASIS FOR COMPUTING COMPENSATION. Average weekly wages, earnings or salary shall be ascertained as follows:

(a) "Average weekly wages, earnings or salary" mean the
total earnings of injured employee received from employer
in whose service he is injured during period of 26
calendar weeks, during which or any portion of which
workman was employed and actually worked for such
employer; but if said employee lost one or more calendar
weeks during such period, then total earnings for re-
mainder of 26 weeks shall be divided by number of weeks
remaining after time lost has been deducted. In com-
puting time lost, absence for seven consecutive calendar
days, although not in same calendar week, shall be con-
sidered absence for a calendar week. Where employment
commenced other than at beginning of calendar week, or
was terminated by injury other than at end of calendar
week, such calendar week, and wages earned during week,
shall be excluded, in making above computations.
(b) Where employment previous to injury is less than net
period of two calendar weeks, and where foregoing
method of arriving at weekly wages cannot fairly be ap-
plied, such average weekly wages shall be taken at such
sum, as having regard to previous wages of injured em-
ployee and of other employee of same or similar class,
working in same or most similar employment in same
establishment, or in same or neighboring locality, shall
reasonably represent the weekly earning capacity of in-
jured employee at time of accident in employment he was
working at such time.

(c) When employer has been accustomed to pay employee a sum to cover any special expense incurred by said employee by nature of his employment, the sum so paid shall not be reckoned as part of employee's wages.

(d) The fact employee has suffered previous injury or received compensation therefor shall not preclude compensa

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