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of surgeon treating employee likely to die, and treating him at instance of employer, to call another surgeon, to be designated by injured employee or beneficiary, to make examination before death of employee. XV. JURISDICTION AND PROCEDURE.

If employee and employer reach an agreement in regard to compensation, memorandum shall be filed with Commissioner, and unless Commissioner within 20 days notifies parties of disapproval the agreement shall stand as given on memorandum filed. If parties fail to reach an agreement, either party may notify Industrial Commissioner, who shall call for formation of committee of arbitration, which shall make such inquiries and investigation as it shall deem necessary, and the decision of board, together with statement of evidence submitted before it, its rulings, findings of fact, conclusions of law and other pertinent matters shall be filed with Industrial Commissioner. Unless claim for review filed in ten days, decisions shall be enforceable. If claim for review is filed, Industrial Commissioner shall hear parties and revise decision of board or may refer the matter back for further findings of fact, and file its decision and notify the parties. Any party in interest may present certified copy of order or decision of Commissioner or decision of arbitrator from which no claim for review is filed or memorandum of agreement approved by Commissioner to Circuit Court of county in which injury occurred, and court shall render decree in accordance with facts and notify parties. Such decree shall have the same effect as though rendered in action, except there shall be no appeal from questions of fact nor where decree is based upon decision of Commissioner which has not been presented to court within ten days after notice of filing by Commissioner. Any employer or employee may appeal to Circuit Court of county in which principal business of employer is transacted from adverse decision of Commissioner. Any payment may be reviewed by Commissioner at request of employer or employee, and on such review it may be ended, diminished or increased.

TENNESSEE.

(Enacted 1919, Laws 1919, Chapter 123.)

I. SCOPE AND APPLICATION.

1. It applies to any individual, firm, association, corporation or receivers or trustees or legal representatives of deceased employer using service of less than ten, and if employer insured shall include his insurer and every person, including minor in service of employer under contract of hire unless he shall have given notice prior to any accident resulting in injury or death that he does not accept the act, and either employer or employee who has excepted himself by notice from exemption of act may at any time. waive such exemption. Notice of election not to accept act by employer posting notice and filing duplicate with Bureau and employee to give written notice with proof of service, together with affidavit of employer and file with Bureau. This act shall not apply to common carrier engaged in interstate commerce, person whose employment is casual, domestic servants and employers thereof, not to farm or agricultural laborers and employers; in case where less than ten are regularly employed and to state of Tennessee and counties and municipal corporations thereof. Where less than ten are employed and the state, any county or municipal corporation may accept act by filing written notice at least 30 days before happening of accident. The act shall not apply to employers engaged in operation of coal mines, nor to employees, except employer may accept act by filing notice with State Factory Inspector 30 days before any accident.

2. Rights granted to employee subject to act shall exclude all other right and remedies of such employee, his personal representative, dependents or next of kin at common law or otherwise on account of injury or death. No compensation allowed for employee's misconduct or intentional self-inflicted injury or due to intoxication or willful failure or refusal to use safety appliance.

3. Every employer who elects to operate under act shall not in any suit brought against him by employee who has elected to operate under act to recover damages for injury or death be permitted to defend on ground (a) employee was negligent; (b) injury was caused by negligence of fellow servant; (c) employee assumed risk.

Every employee who elects not to operate under act in action for injuries or death against employer who elected to operate under act shall proceed at common law and employer may avail of all common-law defenses. When both elect not to operate under act, liability of employer shall be same as at common law, and employer may avail of all common-law defenses.

II. COMPENSATION.

1. INJURIES RESULTING IN DEATH:

The following described persons shall be conclusively presumed wholly dependent:

1. Wife, unless it be shown she was voluntarily living apart from her husband at time of injury, and minor children under 16 years.

2. Children between 16 and 18 years of age, or those over if physically or mentally incapacitated from earning, shall prima facie be considered dependent.

3. Wife, child, husband, mother, father, grandmother, grandfather, sister, brother, mother-in-law and father-in-law who were wholly supported by workman at time of death and for reasonable period of time immediately prior thereto shall be considered actual dependents, and payments of compensation shall be made to them in order named.

3a. Any member of class named in subdivision 3 who regularly derived part of his support from wages of employee at time of his death and for reasonable period of time immediately prior thereto shall be considered his partial dependents and payment of compensation shall be made to such dependents in order named.

4. In death cases, compensation payable to dependents shall be computed on the following basis, and shall be paid to the persons entitled thereto, without administration: 5. If deceased employee leaves a widow and no dependent children, to widow 30 per cent of average weekly wages of deceased.

6. If deceased employee leave widow and one dependent child, to widow for benefit of herself and child, 40 per cent of average weekly wages.

7. If deceased employee leave a widow and two or more dependent children, paid to widow for benefit of herself and such children 50 per cent of average weekly wages.

8. In cases where compensation is payable to widow for benefit of herself and dependent child or children, Court shall have power to determine in its discretion what portion of compensation shall be applied to benefit of any child or children, and may order same paid to guardian.

9. For purposes of act, dependents of a widow or widower of deceased employee and dependent children shall terminate with remarriage of widow, excepting child physically or mentally incapacitated from earning and dependence of such child shall terminate at age 18.

10. If deceased leaves dependent orphan there shall be paid 30 per cent of monthly wage, with 10 per cent additional for each additional orphan, with maximum of 50 per cent of wages.

11. If deceased leaves dependent husband and no dependent children, to husband 20 per cent of wages.

12. If deceased leave no widow or child or husband entitled to any payments, but should leave parent or parents, either or both of whom are wholly dependent, there shall be paid, if only one parent, 25 per cent of average weekly wages to such parent, and if both parents, 35 per cent to such parents.

13. If deceased leave no widow or dependent child or husband or parent entitled to payment hereunder, but leaves a grandparent, brother, sister, mother-in-law or father-inlaw wholly dependent for support, shall be paid to such dependent; if but one, 20 per cent of average weekly wages, or if more than one, 25 per cent of average weekly wages, divided between them or among them share and share alike.

14. If compensation is being paid under this act to any dependent, such compensation shall cease upon death or marriage of such dependent, unless otherwise provided. 15. Partial dependents shall be entitled to receive only that proportion of benefits provided for actual dependents which the average amount of wages regularly contributed by deceased to such partial dependent at, and for a reasonable time immediately prior to injury, bore to total income of dependent during such time.

16. Compensation payable in case of death to persons wholly dependent shall be subject to a maximum compensation of $11.00 per week and a minimum of $5.00 per week, provided if at time of injury employee received less than $5.00, compensation shall be full amount of wages per week. Compensation payable to partial dependents shall be subject of maximum of $11.00 per week and minimum of $5.00 per week; if income loss of said partial dependent by death is less than $5.00, then dependents shall receive full amount of their income loss. This compensation shall be paid during dependency not exceeding 400 weeks, to be made at the intervals when wages was payable as nearly as may be.

17. In computing and paying compensation to orphans or other children in all cases only those under 18 years of age, or those over 18 who are physically or mentally in

capacitated from earning, shall be included, the former to receive compensation only during time they are under 18 and latter for the time they are so incapacitated, within period of 400 weeks.

18. Actual dependents shall be entitled to take compensation in order named in subsection 3 above, until 50 per cent of monthly wages of deceased during time specified in act shall have been exhausted, but the total compensation to be paid to all actual dependents shall not exceed in aggregate $11.00 per week.

19. In case of death, employer shall, in addition to medical service, pay burial expenses of deceased, not exceeding $100.00. If deceased leaves no dependents entitled to compensation, employer shall not be liable for any further compensation on account of accident.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. During thirty days after notice given to employer, employer shall furnish free of charge to injured employee such medical and surgical treatment and supplies as may be reasonably required, and employer may, at his option, furnish the same free after thirty days for such length of time as he may elect. Charges for such services limited to such charges as prevail for similar treatment in community where injured employee resides.

(b) Temporary total disability. Fifty per cent of average weekly wages, subject to maximum compensation of $11.00 per week and minimum of $5.00; provided if employee receive $5.00 or more, then he shall receive as compensation not less than $5.00; if he receives $5.00 or less, then full amount of his weekly wages. Compensation shall be paid during disability of employee, not to exceed 300 weeks, shall be paid at intervals when wages was payable as nearly as possible.

(c) Temporary partial disability. Compensation 50 per cent
of difference between wage of workman at time of in-
jury and wage he is able to earn in partially disabled
condition. Compensation paid during such disability, not,
however, beyond 300 weeks, to be made at intervals when
wages payable as nearly as may be, and subject to maxi-
mum of $11.00 per week and minimum of $5.00.
(d) Permanent partial disability. Compensation based on ex-
tent of disability. In cases included by following schedule
compensation shall be amount named in schedule, 50 per
centum of average weekly wages during weeks specified:
Loss of thumb, 60 weeks.

Loss of first finger, index finger, 35 weeks.
Loss of second finger, 30 weeks.

Loss of third finger, 20 weeks.

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