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النشر الإلكتروني

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

If any subscriber to this act, with intention of avoiding any liability imposed by terms of act, sublets the whole or any part of work to be performed or done by said subscriber to any subcontractor, then, in event any employee of such subcontractor sustains an injury in the course of his employment, he shall be deemed to be and taken for all purposes of this act to be the employee of the subscriber, and in addition thereto such employee shall have an independent right of action against such subcontractor, which shall in no way be affected by any compensation to be received by him under terms and provisions of this act.

XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

No provision considering this subject.

XII. SUBROGATION.

Where injury for which compensation is payable under this act was caused under circumstances creating legal liability in some other person than subscriber to pay damages, employee may at his option proceed either at law against person to recover damages or against association to recover compensation, but not against both, and if he elects to proceed at law against person other than subscriber, then he shall not be entitled to compensation. If compensation is claimed by injured employee or beneficiaries, then association shall be subrogated to rights of employee in so far as it may be necessary to enforce in name of injured employee or his beneficiary or in its own name for joint use of employer, beneficiary and association the liability of third person; and in case association recover greater amount than compensation paid or assumed, together with costs of enforcing suit, then association shall, out of sum recovered, reimburse itself, and costs and excess shall be paid to injured employee or beneficiaries. Association shall not have right to adjust or compromise liability without notice to injured employee or beneficiary.

XIII. PRE-EXISTING DISEASES AND INJURIES.

If employee has suffered a previous injury which results in a condition of incapacity to which both injuries or their effect have contributed, the association shall be liable because of such injuries only for compensation to which subsequent injury would have entitled injured employee had there been no previous injury.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Board may require employee claiming to have sustained injury to submit himself for examination before board or someone acting under authority at some reasonable time and place and as often as may be ordered by Board to a physician or physicians authorized to practice under laws of this state. If employee or association requests, he or it may have physician of its own selection present. Refusal to submit to examination deprives employee of rights of compensation during such refusal. If employee persists in unsanitary or injurious practices which tend to retard recovery, or refuses to submit to treatment, association may reduce or suspend compensation. Association shall have privilege of having injured employee examined at reasonable times by a physician of its own selection, paying expenses of such examination and reasonable expenses incident to employee submitting, and employee may have physician present at his own expense.

XV. JURISDICTION AND PROCEDURE.

All questions arising under act, if not settled by agreement of parties, shall be determined by Board. Any interested party who does not consent to abide by ruling of board shall, within twenty days after final ruling, give notice to board and adverse party he will not abide by decision and shall bring suit in some court of competent jurisdiction in county where injury occurred. If the Board shall make a final order against association and the association shall refuse to obey or comply with same, the claimant may bring suit in some court of competent jurisdiction where in

jury occurred upon said order and, if he secures judgment, shall be entitled to recover further sum of 12 per cent as damages.

UTAH.

(Enacted 1917; Compiled Laws, Vol. I, Title 49, page 660; Amended Laws 1919, Chapter 63; Laws 1921, Chapter 165.)

I. SCOPE AND APPLICATION.

1. It applies to the state and each county, city, town and school district therein and every person, firm and private corporation, including every public utility that has in service. three or more workmen regularly employed in same business under contract of hire, and every person in service of state or municipalities thereof, except elective official of state or any municipality or other official receiving more than $2,400.00 salary, and every person in service of employer, except agricultural and domestic servants and casual employees and not in usual course of trade or business of employer.

Employers of less than three employees and employers of agricultural laborer and domestic servants shall have right to come under terms of act by complying with provisions and rules and regulations of Commission.

2. Employers who comply with provisions of act for securing compensation shall not be liable to respond in damages by common law or by statute for injury or death of employees, and each employer providing insurance or electing directly to pay compensation shall post notices about his place of business stating fact he has complied with act, and when so posted shall constitute sufficient notice to employees.

3. Any employee whose employer failed to comply with provisions of act for securing compensation, who has been injured by accident in course of his employment, which was not purposely inflicted may, in lieu of civil action. against his employer in courts as provided by Section 3129 of Compiled Code, file his application for compensation in accordance with terms of this act, and Commission shall hear and determine compensation and it shall be paid by employer to persons entitled thereto within ten days after receiving notice.

No employee or dependents in case of death shall be granted compensation unless such employee or dependents shall assign cause of action to state insurance fund.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH WITHIN THREE YEARS:

1. Employers or insurance carriers shall pay burial expenses, and if no dependents, pay into state treasury a sum equal to 20 per cent of amount provided in subsection 2. Any claim for compensation must be filed with Commission in one year from date of death, and if at end of one year no claim shall have been filed, the payment of sum equal to 20 per cent of amount provided shall be paid at that time into state treasury by employer. Such payment to be held as special fund for purposes provided in subsections 6 and 7, the State Treasurer shall be custodian of this special fund and Commission shall direct distribution. 2. If persons wholly dependent at time of death, payment 60 per cent of average weekly wage, not to exceed $16.00 per week and to continue for remainder of period between date of death and six years after date of injury, not to exceed maximum of $5,000.00, nor less than minimum of $2,000.00.

3. If partly dependents, the payment shall be 60 per cent of average weekly wages, not to exceed maximum of $16.00 per week, and to continue for all or such portion of period of six years after date of injury as Commission in each case may determine, not to amount to more than maximum of $5,000.00, provided benefits provided in this subsection shall be in keeping with circumstances of dependency existing at date of injury, and any amount awarded shall be consistent with general provisions of act. 4. If wholly dependent persons and also partial dependent, Commission may apportion benefits as it deems just and equitable; provided that total benefits awarded to all parties concerned shall not exceed maximum provided by law. 5. The following persons shall be presumed to be wholly dependent for support upon deceased employee: (a) wife upon husband with whom he lives at time of his death; (b) female child or female children under age of 18, and male child or male children under age of 16 (or over, if physically or mentally incapacitated from earning) upon parent with whom he is living at time of death of such parent. In all other cases question of dependency, in whole or in part, shall be determined in accordance with the facts in each particular case existing at time of injury resulting in death of such employee, but no person shall be considered as dependent unless a member of family of deceased employee, or bears to him relation of husband or widow, lineal descendant, ancestor, or brother or sister. The word "child" as used in this title shall include posthumous child and a legally adopted child prior to injury. Half-brothers and sisters shall be included in words "brothers and sisters" as used above.

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