(i) All compensation provided for in paragraphs b, d. e, f III. BASIS FOR COMPUTING COMPENSATION. (1) Shall be computed on basis of annual earnings which injured person received as wages or salary in employment of same employer continuously during year preceding injury. (2) Employment by same employer shall be taken to mean employment by same employer in grade in which employee was employed at time of accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (3) If injured employee has not been engaged in employment of same employer for full year immediately preceding accident, the compensation shall be computed according to annual earnings which persons of same class in same employment, or, if that be impracticable, of neighboring employments of same kind, have earned during such period. (4) As to employees in employment in which it is custom to operate for part of whole number of working days in each year, such number, if annual earning not determinable, shall be used instead of 300 as basis for computing annual earnings; provided, that the minimum number of days which shall be so used for the basis of year's work shall not be less than 200. (5) In case of injured employees who earn either no wages or less than earnings of adult day laborers in same line of employment in that locality, the yearly wage shall be reckoned according to average annual earnings of adult in same class in same, or, if that is impracticable, then of neighboring employments. (6) Earnings for purpose of this section shall be based on earnings for number of hours commonly regarded as a day's work for that employment, and shall exclude overtime. Earnings shall not include any sum which employer has been accustomed to pay to cover any special expense entailed on him by nature of employment. (7) As to employees which it is the custom to operate throughout the working days of the year, the annual earnings, if not otherwise determinable, shall be regarded as 300 times the average daily earnings in such computations. (8) In computing compensation to be paid any employee who, before accident, and drawing compensation under terms of this article, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries which he may have suffered. (9) To determine amount of compensation for each installment period, amount per annum shall be ascertained pursuant hereto, and such amount divided by number of installment periods per annum. IV. LUMP SUM. Any employer, employee or beneficiary who desires to have compensation paid in lump sum may petition Industrial Commissioner asking such commpensation be so paid, and upon proper notice and proper showing it appears to best interests of parties, Commissioner may order commutation of compensation to an equivalent lump sum, which shall be an amount which will equal total sum of probable future payments capitalized at their present value upon basis of interest at 5 per cent per annum with annual rests; provided, that in cases of complete disability no petition for commutation shall be entertained until after six months from date of injury. V. WAITING PERIOD. No compensation shall be paid under this act for injury which does not incapacitate employee for a period of at least ten days from earning full wages, but if incapacity extends beyond tenth day compensation shall begin on the eleventh day after injury. VI. NOTICE OF ACCIDENT-LIMITATIONS. Every injured employee or representative shall immediately, upon occurrence of injury, or as soon thereafter as practicable, give written notice to employer, and employee shall not be entitled to compensation unless it can be shown employer or his agent had knowledge of accident or death, or person required to give such notice had been prevented by physical or mental incapacity or by fraud of third person, or equally good reason, but no compensation shall be payable unless written notice is given within 30 days after injury or death, unless reasonable excuse for giving notice. Notice shall state in ordinary language name and address of employee, time, place, nature and cause of injury or death, and signed. No defect in notice a bar to compensation unless employer shall prove his interest was prejudiced thereby. May be served personally on employer or agent or by registered mail. Claim for compensation forever barred unless within one year from injury, or if death results within one year from death claim for compensation is filed. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. 1. Every employer coming within compensation provisions of this act shall insure payment of compensation to employes. Groups of employers may exchange insurance among themselves or with employers of other states. Whenever employer under article furnishes proof to Commissioner of Insurance and Industrial Commissioner of such employer's solvency and financial ability to pay compensation, or when employer deposits with Commissioner of Insurance satisfactory securities, such employer will be relieved of provisions of section requiring production of evidence of insurance of liability. Every employer shall keep a record of all injuries. Within 48 hours after knowledge of accident report shall be made to Commissioners, and upon termination of disability, or if such disability extends 60 days, a supplemental report. VIII. AGREEMENTS SETTLEMENTS. If employer and employee reach agreement, a memorandum shall be filed with Commissioner. Subject to approval of Industrial Commissioner, any employer or group of employers may enter into an agreement with workmen to provide plan of compensation or insurance. IX. WAIVER. No contract or agreement, no rule, regulation or other device shall in any manner operate to relieve employer in whole or in part from any obligation created by this article. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES. A principal, intermediate or subcontractor shall be liable for compensation to any employee injured while in the employ of any one of his subcontractors and engaged upon the subject matter of the contract, to the same extent as the immediate employer. Any principal, intermediate or subcontractor who shall pay compensation under provisions of this section may recover amount paid from any person who, independently of this section, would have been liable to pay compensation to injured employee. Every claim for compensation under this section shall in first instance be prosecuted against immediate employer, but such proceedings shall not constitute a waiver of employee's right to recover compensation under this article from principal or intermediate contractor; provided, that collection of full compensation from one employer shall not bar recovery by employee against other. Nor shall he collect from all a total compensation in excess of the amount for which any of contractors is liable. This section shall apply only in cases where the injury occurred on, in or about the premises on which the principal contractor has undertaken to execute work, or which are otherwise under his control and management. XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION. No provision considering this subject. XII. SUBROGATION. Whenever injury for which compensation is payable shall have been sustained under circumstances creating liability in third person, the injured employee may, at his option, either claim compensation or proceed at law against such third person to recover damages, or proceed against both employer and such third person, but shall not collect from both, and if compensation is awarded under this article, employer having paid compensation may collect in his own name or that of injured employee from third person against whom legal liability for damages exists amount of such liability, and shall hold for benefit of injured employee the amount of damages collected in excess of compensation paid such employee, plus necessary and reasonable expense of collection of same. XIII. PRE-EXISTING DISEASES AND INJURIES. In computing compensation to employee who, before accident for which he claims compensation, was disabled and drawing compensation, the compensation for each subsequent injury shall be apportioned according to proportion of disability caused by respective injuries which he may have suffered. XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED. Employee entitled to disability payments shall be required, if requested by employer, to submit at expense of employer for examination by duly qualified medical practitioner or surgeon selected by employer at time and place reasonably convenient for employee as soon as practicable after accident, and also one week after first examination, and at intervals not oftener than once in four weeks, for purpose of determining nature of injury and amount of compensation; provided, employee may have physician or surgeon employed and paid by himself. Surgeon employed by employer shall deliver to employee a statement in writing as to condition and extent of injury. If employee refuse to submit to examination or obstructs same, right to compensation shall be suspended until examination has taken place. It is duty |