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examination by practicing physician, provided and paid for by employer, and likewise to examination from time to time by physician selected by Commission Employee shall be entitled to physician paid for by himself. If employee refuses or fails to submit to examination his right to maintain proceedings will be suspended, and if he fails to submit to examination his right to disability payment which shall accrue during period of failure shall be barred.

XV. JURISDICTION AND PROCEDURE.

Upon filing of application in writing stating general nature of any controversy concerning compensation or any right or liability arising out of or incidental thereto, jurisdiction over which is vested by this act in Commission, a time and place for hearing shall be fixed. After final hearing the Commission within thirty days shall make a finding and award, and any party affected may file a certified copy of findings and award of Commission with clerk of superior court and judgment must be entered by clerk in conformity therewith immediately upon filing of such findings and award.

COLORADO.

(Session Laws 1919, page 700.)

I. SCOPE AND APPLICATION.

1. Every employer of four or more employees, not including private domestic servants and farm and ranch laborers, engaged in a common employment shall be conclusively presumed to have accepted provisions of act unless he files with Commission notice that he elects not to accept provisions of act. Election on the part of the employer to be subject to act, including employer of private domestic servants, farm and ranch laborers or of less than three employees may be made by filing statement. Employee is subject to act if employer is subject to act, and if employee has not given notice that he elects not to be subject to act.

2. After August 1, 1915, in actions by employee for injuries, common-law defenses are abolished; an employer who has complied with act shall not be subjected to any other liability than provided for by the act and where employee has not elected to come under the act and brings suit the common-law defenses are available.

3. Acceptance of act is a surrender of other remedies. 4. Employer electing not to accept act must post notices to employees about places of employment.

5. Contractors liable for subcontractors and lessees.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH.

(a) The dependents of deceased shall receive 50 per cent of deceased employee's average weekly wages, not to exceed maximum of $10.00 nor less than $5.00 per week for a period not to exceed six years, total not to exceed more than $3,125.00; where death not proximate result of injury before disability ceases, where accident caused permanent total disability, death benefit of unaccrued and unpaid portion of benefit employee would have received until he had received sum of $3,125.00. Where accident caused permanent partial disability, the unpaid and unaccrued portion of benefit employee would have received had he lived.

(b) If partial dependents, 50 per cent of weekly wages,

$10.00 maximum, $5.00 minimum, for period not to exceed six years, not to exceed $2,125.00, if death not proximate cause where permanent total disability, death benefit to consist of unaccrued and unpaid portion of benefit which employee would have received had he lived until he received sum of $3,125.00 as amount devoted by deceased to support of such person for year immediately prior to accident bears to total income of person during said year; where accident caused partial permanent disability, proportion of unpaid and unaccrued portion of permanent partial disability benefit which employee would receive if he had lived as amount devoted by deceased to support of such person for year prior to accident bears to total income of person during said year.

(c) When death occurs as proximate result of injury, there shall be paid in one lump sum, within thirty days after death, $75.00 for reasonable funeral and burial expenses; if employee leaves no dependents, compensation shall be limited to said sum and compensation accruing to date of death and medical and hospital expenses. If employee leaves dependents, said sum shall be paid in addition to other sums of compensation herein provided for. (d) For purposes of act following presumed wholly dependent: a. Wife, unless voluntarily separated and living apart from husband at time of injury or death and was not dependent in whole or in part on him for support. b. Minor children under age of eighteen years shall include posthumous children or child legally adopted. (e) Children under eighteen years of age, husband, mother, father, grandmother, grandfather, sister or brother, who are wholly or partially supported by deceased employee at time of death and for reasonable period prior thereto, shall be considered his actual dependents. If such dependents be son eighteen years of age or over, husband, father, grandfather or brother entitled to compensation, they must prove they were incapable or actually disabled from earning their own living during said time, provided if disability is temporary only, compensation shall be paid only during period of such temporary disability. The question as to what constitutes dependency and extent shall be determined at date of accident.

(f) Death benefit shall cease upon marriage, except as to lump sum settlement; upon death of dependent and when son of deceased reach age of eighteen years. In case of remarriage of husband or wife of deceased employee without children, at time of marriage a lump sum settlement without commutation equal to one-half of amount of compensation remaining unpaid, in case of remarriage of husband or wife of deceased employee who has dependent child or

children, entire unpaid balance of compensation shall be paid to such child or children.

(g) If death occur more than two years subsequent to injury such death shall be prima facie presumed not to be due to such injury. If death results proximately from injury within two years, if no dependents, medical, hospital and funeral expenses with such sums as accrued during lifetime for disability and if wholly dependents, compensation as specified in clause a and if persons partly dependent as specified in clause b.

(h) Dependents not residents of United States shall receive one-third of amount provided for death benefits, in no event to exceed aggregate sum of $1,041.66.

2. FOR INJURIES NOT RESULTING IN DEATH:

(a) Medical aid, hospital and surgical supplies not exceeding sixty days and $200.00 in value.

(b) Temporary disability. Of more than ten days duration, employee shall receive 50 per cent of average weekly wages so long as disability is not total, not to exceed maximum of $10.00 per week and not less than $5.00 per week; if less than $5.00, then full wages.

(c) Temporary partial disability. Employee shall receive 50 per cent of impairment of earning capacity, not to exceed maximum of $10.00 per week, or aggregate of $1,300.00. (d) Permanent partial disability. Is entitled to compensation from time he is so declared by the Commission and entitled to compensation in addition to any theretofore allowed. The employee to receive 50 per cent of weekly wages, maximum of $10.00, not to exceed $2,600.00. (e) Disfigurement. About face and head, in addition to other compensation not exceeding $500.00.

(f) Specific injuries. In following schedule, disability in each case shall be deemed to continue for period specified and compensation to be paid for loss shall be specified herein, to-wit: Loss of one arm between elbow and shoulder, 208 weeks; loss of forearm between wrist and elbow, 139 weeks; loss of hand, 104 weeks; loss of palm, where thumb remains, 70 weeks; loss of thumb and metacarpal bone, 50 weeks; loss of thumb at proximal joint, 35 weeks; loss of thumb at second or distal joint, 18 weeks; loss of index finger and metacarpal bone, 26 weeks; loss of index finger at proximal joint, 18 weeks; loss of index finger at second joint, 13 weeks; loss of index finger at distal joint, 4 weeks; loss of little finger and metacarpal bone, 18 weeks; loss of middle finger at proximal joint, 13 weeks; loss of middle finger at second joint, 9 weeks; loss of middle finger at distal joint, 5 weeks; loss of third or ring finger and metacarpal bone, 11 weeks; loss

of ring finger at proximal joint, 7 weeks; loss of ring finger at second joint, 7 weeks; loss of ring finger at distal joint, 4 weeks; loss of little finger and metacarpal bone, 13 weeks; loss of little finger at proximal joint, 9 weeks; loss of little finger at second joint, 9 weeks; loss of little finger at distal joint, 4 weeks; loss of all the fingers of one hand where thumb and palm remain, 52 weeks; loss of leg at hip joint, or so near thereto as to preclude use of artificial limb, 208 weeks; loss of leg at or above knee where stump remains sufficient to permit use of artificial limb, 139 weeks; loss of foot at ankle, 104 weeks; loss of great toe with matatarsal bone, 26 weeks; loss of great toe at proximal joint, 18 weeks; loss of great toe at second joint, 9 weeks; loss of any other toe with matatarsal bone, 11 weeks; loss of any other toe at proximal joint, 4 weeks; loss of any other toe at second. or distal joint, 4 weeks; the loss of all the toes of one foot, 35 weeks; loss of eye by enucleation (including disfigurement resulting therefrom), 139 weeks; total blindness of one eye, 104 weeks; total deafness of both ears, 139 weeks; where workman, prior to injury, has suffered total loss of hearing in one ear and as result of accident looses total hearing in remaining ear, 139 weeks; permanent and complete paralysis of any member to be deemed equivalent to loss thereof.

The employee shall receive 50 per cent of his average weekly wages, not to exceed a maximum of $10.00 a week and not less than a minimum of $5.00 per week.

Where infection results, not due to neglect of employee, he is entitled to additional disability.

Where injury causes loss of use or partial loss of use of any member specified in schedule the Commission may determine benefits from facts in each case.

Injury to teeth, such dental services and treatment, not to exceed $100.00 in value.

If employee had previously lost one eye and loses vision of remaining eye, he shall receive compensation for 312 weeks; previous loss of right hand and loses left hand, arm, foot or leg, the scheduled number of weeks for loss of such member plus 50 per cent; previous loss of right hand and loses left hand or arm or vice versa, the scheduled number of weeks for loss of such member plus 50 per cent; previous loss of right arm and loses left. hand or arm and vice versa, the scheduled number of weeks for loss of such members, plus 50 per cent; previous loss of hand or arm and loses one foot or leg or vision of one eye, compensation for scheduled number of weeks for loss of such member or vision, plus 50 per cent; previous loss of right foot and loses left leg or foot or vice versa, the scheduled number of weeks for such member, plus

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