XI. EMPLOYERS MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

That any time after award has been agreed upon or ordered paid by Court, a sum equal to present value of all future installments calculated on 6 per cent basis may be paid by employer to savings bank or trust company and held in trust for employee or dependents, who shall have no further recourse against employer.

XII. SUBROGATION.

That whenever an injury, for which compensation is payable under this act, shall have been sustained under circumstances creating in some other person than employer a liability for damages, the injured employee may at his option either claim compensation or proceed at law against such other person to recover damages, or proceed both against employer and such other person, but he shall not be entitled to collect from both; and if compensation is awarded under this act, the employer having paid the compensation or having become liable therefor may collect, in his own name or in name of injured employee, in a suit brought for the purpose, from the other person, in whom legal liability for damage exists, the indemnity paid or payable to the injured employee. XIII. PRE-EXISTING DISEASES AND INJURIES.

If employee has previously sustained a permanent injury elsewhere than in employment in which he sustains a subsequent permanent injury, he shall be entitled to compensation only for disability that would have resulted from the latter accident if the earlier injury had not existed, and such earlier injury shall not be considered in estimating the compensation, on the basis of either a total or partial disability, to which the employee may be entitled under this act.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Injured employee must submit himself to examination by employer's physician at all reasonable times, if requested, but employee shall have the right to have his own physician present, in which case em

ployee shall be liable to physician for his services. Employer shall pay for services of physician making examination at his instance. In case of dispute, Court may on motion of either party appoint neutral physician to make examination and report findings to Court, expenses of which shall be borne equally by the parties. If employee refuses to comply with request for medical examination or refuses to accept medical service, compensation shall be suspended while he continues such refusal. In death claims, any interested party may require an autopsy, cost borne by demanding party. If in emergency or on account of failure to furnish medical care, injured employee may provide same, and cost not exceeding $100.00 shall be borne by employer.

XV. JURISDICTION AND PROCEDURE.

In case of dispute over or failure to agree upon compensation, either party may subject the entire matter for determination to the Judge or Chairman of the County Court in which accident occurred, and such Judge or Chairman is vested with jurisdiction. to hear and determine the issues and render judgment and enforce the same in the same manner as courts of record render and enforce judgment. Party invoking power of said court shall file petition and clerk shall issue summons, and defendant file an swer. The Judge or Chairman trying the case shall hear evidence offered by either party and render judgment. Either party dissatisfied with judgment of Judge or Chairman may appeal as in other civil cases to next term of Circuit Court of county where cause will be heard by Circuit Judge de novo. Case shall be heard by Circuit Judge without jury. The party filing petition may, at his option, instead of filing the same before Judge or Chairman, file the same as an original petition in either Circuit, Criminal or Chancery Court of county in which petitioner resides or in which alleged accident happens.

Any party to the proceedings in Circuit, Criminal or Chancery Court may if dissatisfied or aggrieved by judgment or decree of that court pray an appeal, in nature of writ of error, to Supreme Court of Tennessee where cause will be heard and determined in accordance with nature of writ of error in civil

cause. Final settlements where amount paid or to be paid does not exceed the compensation for six months disability shall be final and not subject to readjustment. Amounts paid by lump sum shall be final, but amount of any award payable periodically for more than six months may be modified as follows: At any time by agreement of parties and approved by Court.

If parties cannot agree, then at any time after six months from date of award application may be made to Court by either party on ground of increase or decrease of incapacity due solely to injury.

TEXAS.

(Enacted 1913, Amended 1917, Compiled Statutes, Chapter V, page 890.)

I. SCOPE AND APPLICATION.

1. It applies to any employer of labor in the state who be-
comes subscribed to Texas Employer's Insurance Asso-
ciation by paying required premiums or who holds a pol-
icy of insurance, and their employees who have waived
their right to assert common-law liability by failure to
give notice that he claimed such right, but does not ap-
ply to masters or seaman of vessels engaged in interstate
or foreign commerce, nor one whose employment is not
in usual course of trade or business of employer, nor to
domestic servants, farm laborers nor employees of firm,
person or corporation having in his employ less than three
employees, nor to employees of any person, firm or cor-
poration operating any steam, electric, street or inter-
urban railway as a common carrier.

2. In action for damages for injury or death, sustained in
course of employment, it shall be no defense (1) that
employee was guilty of contributory negligence; (2) in-
jury was caused by negligence of fellow servant; (3)
assumed risk, but employer may defend on ground injury
was caused by willful intention or while employee was in
a state of intoxication; (4) that in actions against em-
ployer not a subscriber, it shall be necessary to recovery
by plaintiff to prove negligence of employer or agent.
3. Employees of subscribers shall have no right of action for
injuries or death, but shall look for compensation solely
to association. If employee has not given notice of claim
of common law or statutory right of action or who has
given such notice and waived the same sustain injury he
shall be paid compensation.

4. Employees of nonsubscribing employers may sue at com-
mon law, but cannot participate in benefits of insurance
association. Nothing in act prohibits survivors of de-
ceased employee whose death was caused by gross negli-
gence from recovering exemplary damages.

II. COMPENSATION.

1. INJURIES RESULTING IN DEATH:

Death from injury shall pay legal beneficiaries of deceased employee weekly payments equal to 60 per cent of aver

age weekly wages, but not more than $15.00 nor less than $5.00 a week, for a period of 360 weeks.

Foregoing compensation shall be for sole and exclusive benefit of surviving husband, who has not for good cause and for a period of three years prior thereto abandoned wife at time of injury, the wife who has not at time of injury, without good cause, and for a period of three years prior thereto abandoned her husband, and minor children without regard to dependency, dependent parents and dependent grandparents and dependent stepmothers and dependent children or dependent brothers and sisters, and amount recovered shall not be liable for debts of deceased or beneficiaries, and shall be distributed among such beneficiaries as may be entitled to same as hereinafter provided according to law of descent and distribution, shall not pass to estate of deceased to be administered upon, but shall be paid directly to beneficiaries weekly or to their guardian or next friend.

In case death results from injury after a period of total or partial incapacity, for which compensation has been paid, period of incapacity shall be deducted from total period of compensation, and the benefits paid thereunder from maximum allowed for death.

Where there are no beneficiaries the association shall pay all expenses incident to last sickness as result of accident and in addition a funeral benefit not to exceed $100.00; where employee leaves beneficiaries and is buried at expense of employer, expense of burial not to exceed $100.00 shall be payable out of compensation.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. During first two weeks of injury, dating from its infliction, association shall furnish reasonable medical aid, hospital services and medicines, additional hospital service on certificate of attending physician. (b) Total temporary compensation. No provision. (c) Temporary partial disability. No provision. (d) Partial incapacity. Where injury is partial, association shall pay a weekly compensation equal to 60 per cent difference between his average weekly wages before injury and his average weekly wage-earning capacity during existence of such partial incapacity; in no case more than $15.00 per week and period covering no greater than 300 weeks; provided, in no case shall compensation for total and partial incapacity exceed 401 weeks from date of injury. (e) Disfigurement. In all other cases partial incapacity, including disfigurement which will impair the future usefulness or occupational opportunities of injured employee,