tion for later injury or for death, but in determining compensation for later injury or death, his average weekly wages shall be such sum as will reasonably represent his weekly earning capacity at time of later injury in employment in which he was working at such time, and shall be arrived at according to and subject to limitations of the provisions of this section, provided that in computing average weekly wages earned subsequent to first injury the time worked and wages earned prior to said injury shall be excluded. (e) The provisions of this section shall not apply to injuries prior to July 1, 1915. (f) In fixing amount of compensation, due allowance made for sums paid to injured employee or his dependents, except such sums as expended for medical, surgical or hospital service. IV. LUMP SUM. In case payments have continued for not less than six months either party upon due notice to other party may petition Superior Court for order commuting future payments to lump sum; petition to be granted summarily where it is shown lump sum will be for best interests of persons receiving compensation or that continuance of weekly payments will entail hardship upon employer or person to whom compensation is payable has moved or is about to move from United States. Court shall fix lump sum at an amount which will equal total sum of future payments capitalized at their present value upon basis of interest calculated at 5 per cent per annum with annual rests; upon payment of such amount employer shall be discharged. V. WAITING PERIOD. No compensation for injury which does not incapacitate for a period of one week; compensation to begin on eighth day after injury, but if incapacity extends beyond period of four weeks, compensation shall begin from date of injury. VI. NOTICE OF ACCIDENT-LIMITATIONS. No proceedings for compensation maintained unless written notice of injury, served upon employer or agent, within thirty days after injury, and unless claim for compensation with respect to injury shall have been made within one year after injury, or in case of death of employee, or in event of physical or mental incapacity within one year after removal of such incapacity. VII. REQUIREMENTS OF EMPLOYER TO COMPLY 1. Every employer must report accidents to Commissioner of VIII. SETTLEMENTS AGREEMENTS. Parties may reach amicable settlement in regard to compensation, memorandum to be filed in office of Clerk of Superior Court. Any employer may enter into an agreement with his employees to provide a scheme of compensation, subject to approval of Superior Court. IX. WAIVER. No agreement of employee to waive right to compensation shall be valid except agreement with employer for scheme of compensation. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES. No provision considering this subject. XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION. By lump-sum payment. XII. SUBROGATION. Where injury for which compensation is payable was caused under circumstances creating a legal liability in some person other than employer to pay damages in respect thereto, employee may take proceedings both against that person to recover damages and against any person liable to pay compensation for such compensation, but shall not be entitled to receive both compensation and damages; and if employee has been paid compensation under act the person by whom compensation was paid shall be entitled to indemnity from person so liable to pay damages and to extent of such indemnity shall be subrogated to rights of employee to recover such damages. When an employer is insured against liability for compensation and insurer shall have paid compensation for which employer was liable or assumed liability, insurer shall be subrogated to all rights and duties of employer and may enforce such rights in his own name. XIII. PRE-EXISTING DISEASES AND INJURIES. The fact employee has suffered previous injury, or received compensation therefor, shall not preclude compensation for later injury or for death. XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED. The employee, after injury, at reasonable times during continuance of disability, if requested by employer, shall submit to examination by physician or surgeon furnished and paid for by employer. Employee shall have the right to have physician present provided and paid for by himself. Justice of Superior Court may appoint competent physician to make examination, such physician to file report of examination in office of clerk of court. If employee refuses to submit to examination or obstructs same, his right to compensation shall be suspended and compensation during period of suspension may be forfeited. XV. JURISDICTION AND PROCEDURE. If employer and employee reach an agreement, when approved by Commissioner of Labor, it shall be enforceable by Superior Court by suitable process. No appeal shall lie from agreement except for fraud. When death results agreement may relate only to amount of compensation and when payable. If an agreement is not reached nor approved, any party in interest may file petition in nature of petition in equity in Superior Court and upon answer being filed case will be set for hearing in summary manner and decision filed in writing with clerk and a decree entered. Any aggrieved person may appeal from final decree of Superior Court to Supreme Court upon any question of law or equity. Superior Court may review any agreement or award within two years after date of approval of agreement or entry of decree, and may increase, diminish or discontinue compensation. |