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النشر الإلكتروني

XIII. PRE-EXISTING DISEASES AND INJURIES.

No provision considering this subject.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

No provision considering this subject.

XV. JURISDICTION AND PROCEDURE.

The Commissioner shall have full power and authority to hear and determine all questions within his jurisdiction and review action of employers who maintain their own benefit funds or system of compensation, and the decision of Commissioner thereon shall be final; provided, in case the final action of Commissioner denies right of claimant to receive compensation from fund or directly from employer, on ground injury was self-inflicted, or on ground injury was not received in course of employment, or upon any other ground going to basis of claimant's rights, then claimant may within ninety days after notice of final action appeal to Supreme Court of Appeals. If appeal is granted it shall be tried by said Court in same manner as other cases before it. The Supreme Court on such appeal shall determine right of claimant and certify decision to Commissioner, and if it determines the right in his favor Commissioner shall fix compensation within limits of

act.

WISCONSIN.

(Enacted 1911; Statutes 1917, Chapter 110-A; Amended Laws 1919, Chapters 568, 577, 680, 692; Laws 1921, Chapters 148, 414, 451, 462, 551.)

I. SCOPE AND APPLICATION.

1. It applies to and is compulsory to the state and each county, city, town, village and school district therein, and every person in service of state or any county, city, town, village or school district under appointment or contract of hire, except any official of state or municipality or school district subject to direction and control of any superior officer, sheriff, deputy sheriffs, constables, marshals, policemen and firemen shall be deemed employees; provided policeman or fireman shall have deducted from such compensation any sum received from any pension or benefit fund. It applies to every person, firm and private corporation, including public service corporations, and every person in service of another under contract of hire, including aliens, all helpers and assistants, if employee with knowledge of employer, including minors of permit age or over, who elects to accept the provisions of the act, but not including any person whose employment is not in usual course of trade, business, profession or occupation of employer unless such employer has, by an affirmative election, specifically elected to include domestic and other employees under coverage of the act. It includes occupational diseases growing out of employment. 2. Election of employer to be bound by act shall be made by filing with Commission written statement to that effect, and if any employer after August 31, 1917, have three or more employees in a common employment he shall be deemed to have elected to accept act, unless prior to that date he files notice he elects not to accept provisions. The presumption as to election does not apply to farmers or farm laborers. Any employee except policemen and firemen are subject to provisions of act, if employer charged with liability has accepted act, whether employee has actual notice or not, such employee shall not have given. employer notice, in writing, that he elects not to be subject to act, and any employee who elects not to become subject to act may elect to become subject by giving his employer notice in writing.

3. In action for damages for injury or death in which recovery is sought upon ground of ordinary care of em

ployer or agent it shall be no defense (1) that employee assumed risk of hazard complained of; (2) when employer at time of accident had three or more employees, that injury was caused by negligence of fellow servant; (3) or where three or more employees injury was caused in whole or in part by want of ordinary care of injured employee. Any employer who elects to pay compensation shall not be subject to these provisions, and they shall not apply to farm labor.

Where all conditions of compensation exist for personal injury or death the right of recovery pursuant to this act shall be exclusive remedy against employer for such injury and death; in all other cases the liability of employer shall be the same as if this and succeeding section of sections 2394-3 and 2494-31, inclusive, had not been passed, but shall be subject to provisions abrogating common-law defenses, sections 2394-1 and 2394-2.

II. COMPENSATION.

1. FOR INJURY RESULTING IN DEATH:

When death approximately results from injury and deceased leaves a person or persons wholly dependent upon him for support, death benefit shall be:

(a) A sum equal to four times his average annual earnings, but which, when added to disability indemnity paid and due at time of death, shall not exceed six times his average annual earnings.

(b) If death occurs to injured employee other than as proximate result of accident before disability indemnity ceases, death benefit shall be as follows: (a) where the accident proximately causes permanent total disability it shall be the same as if the accident caused death. (b) Where the accident proximately caused permanent partial disability, liability shall exist for such benefits as shall fairly represent the proportionate extent of impairment of earning capacity in employment in which deceased was working at time of injury or other suitable employment, caused by such disability.

(c) In case deceased employee leaves no one wholly dependent upon him for support, but one or more persons partially dependent therefor, the death benefit shall not exceed four times the amount devoted by deceased, during the year immediately preceding his death, to the support of such dependents, and shall be apportioned according to the percentage that the amount devoted by deceased to support of such person or persons for the year immediately prior to the accident bears to average annual earnings of the deceased. Where, by reasons of minority, sickness or other causes during such year the foregoing

basis is unfair or inadequate, the death benefits shall be such sum as the Commission may determine to be fair and just, considering the death benefits allowed in other cases where such untoward causes do not exist.

(d) Where death proximately results from accident, the death benefit shall include reasonable expense for burial, not to exceed $100.00.

(e) Death benefit, other than burial expenses, shall be paid in weekly installments corresponding in amount to 65 per cent of weekly earnings of employee, until otherwise ordered by the Commission.

(f) The following shall be conclusively presumed to be solely and wholly dependent for support upon deceased employee: (a) wife upon husband with whom she is living at time of death; (b) husband upon wife with whom he is living at time of her death; (c) child or children under age of eighteen (over said age, but physically or mentally incapacitated from earning) upon parent with whom he or they are living at time of death of such parent, there being no surviving dependent parent. In case of divorce the charging of full support and maintenance of a child upon one of divorced parents shall be held to constitute living with parent so charged. In case there is more than one child thus dependent, a death benefit shall be divided between such dependents in proportion as may be determined by the Commissioner after considering the ages of such dependents and other facts bearing on such dependency.

In other cases questions of entire or partial dependency shall be determined in accordance with facts, as the facts may be at time of the accident, and in such other cases, if there be more than one person wholly dependent, the death benefit shall be divided equally among them, and persons partially dependent the death benefit shall be divided among them according to relative extent of their dependency. No person shall be considered a dependent unless a member of the family of deceased employee or divorced spouse who has not remarried, or one who bears to him relation of husband or widow or lineal descendant or ancestor or brother or sister. Question as to who constitute dependents and extent of their dependency shall be determined as of date of accident of employee, and their right to any death benefits shall become fixed at such time. No person shall be excluded as a dependent who is a nonresident alien.

No dependent shall be deemed during life of such employee a party in interest in any proceeding by him for enforcement or collection of any claim for compensation nor as respects the compromise thereof by such employee.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. Such medical, surgical and hospital treatment, medical and surgical supplies and crutches, or, at option of employee, if employer has not filed notice as hereinafter provided, Christian Science treatment in lieu of medical treatment as may be reasonably required for 90 days following accident and for such additional period as Commission may deem advisable and artificial members as may be necessary at end of healing period. Employee shall have right to make choice of attending physician from a panel of physicians submitted by employer. No compensation if death caused or disability aggravated or continued by unreasonable neglect or refusal to submit to competent surgical treatment. Employer may elect not to be subject to provisions for Christian Science treatment by filing notice with Commission. (b) Total temporary disability. In case of temporary disability aggregate indemnity for injury to an employee caused by a single accident shall not exceed four times the average annual earnings of such employee, except a larger recovery results under provisions of clause "f.” (c) Temporary partial disability. No provision. (d) Partial disability. If accident causes partial disability during the period of such partial disability such proportion of weekly indemnity rate for total disability as the actual wage loss of injured employee bears to his average weekly wages at time of his injury.

(e) Disfigurement. If an employee is so permanently disfigured about the face, head, neck, hand or arm as to occasion loss of wage, the Commission may allow such sum for compensation on account thereof as it may deem just, not exceeding his average annual wages as defined in section III.

(f) Specific injuries. In cases included by the following schedule, compensation to be paid for healing period and permanent disability, computed from date of amputation or enucleation, as case may be, subject to provisions of this act for maximum and minimum payments, shall be 65 per cent of average weekly earnings of employee for period named in following schedule, to wit:

1. For loss of arm at or near shoulder, 320 weeks.

2. Loss of arm at elbow, 280 weeks.

3. Loss of forearm at lower half thereof, 240 weeks.

4. Loss of hand, 240 weeks.

5. Loss of palm where thumb remains, 140 weeks.

6. Loss of thumb and metacarpal bone thereof, 86 weeks.

7. Loss of thumb at proximal joint, 70 weeks.

8. Loss of thumb at second or distal joint, 30 weeks.
9. Loss of index finger and metacarpal bone thereof,
45 weeks.

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