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tion made within two years from date of accident, the right to compensation shall be wholly barred.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

Employer liable under this act to pay compensation shall insure payment of such compensation in some company authorized to insure such liability in this state unless such employer shall be exempted from such insurance by the Industrial Commission. An employer desiring to be exempt from insuring his liability shall make application to Commission showing his financial ability to pay such compensation and agreeing as a condition for granting exemption to faithfully report all injuries under compensation and to comply with the provisions of law and rules of Commission pertaining to the administration thereof, whereupon Commission by written order may make such exemption. As a condition of granting of exemption, Commission shall have authority to require employer to furnish security as it may consider sufficient to insure payment of all claims to compensation.

VIII. SETTLEMENTS-AGREEMENTS.

No provision concerning this section.

IX. WAIVER.

No contract, rule or regulation shall exempt the employer from any exemption from provision of act; abrogating common-law defenses.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

Any employer subject to the provisions of this act shall be liable for compensation to an employee of a contractor or subcontractor under him who is not subject to the provisions of act, or who has not complied with conditions as to liability insurance in case where such employer would have been liable for compensation if such employee had been working directly for such employer. The contractor or subcontractor shall also be liable for such compensa

tion, but the employee shall not recover compensation for the same injury from more than one party. The employer who shall become liable for and pay such compensation may recover the same from such contractor or subcontractor for whom the employee was working at time of accident.

XI. EMPLOYER MAY BE RELIEVED OF LIABILITY.

In any case in which payments of compensation will extend over six months or more any party in interest, in discretion of Commission, may be discharged from or compelled to guarantee future payments as follows:

1. By depositing the present value of total unpaid compensation upon a 3 per cent interest discount basis with such bank or trust company as may be designated by Commission; or

2. By purchasing an annuity within the limitations provided by law, in such insurance company granting annuities and licensed in this state, as may be designated by Commission; or

3. By payment in gross upon a 3 per cent interest discount basis to be approved by Commission; or

4. In case where the time for making payments or amount thereof cannot be definitely determined by furnishing bond or security satisfactory to Commission, if employer is unable to furnish bond, then in lieu thereof deposit shall be made in bank of maximum amount.

Any insured employer may, in discretion of Commission, compel insurer to discharge or guarantee liability.

XII. SUBROGATION.

The making of a lawful claim against an employer or compensation insurer for compensation under this act for injury or death of an employee shall operate as an assignment of any cause of action in tort which the employee or his personal representative may have against any other person for such injury or death, and such employer or insurer may enforce in their own name the liability of such other party for their benefit as their interest may appear. If a recovery shall be had against such other party, by suit or otherwise, the compensation beneficiary shall be entitled to any amount recovered over and above the amount the employer or insurer or both have

paid for compensation to beneficiary, after deducting cost of collection, and in no event shall beneficiary receive less than one-third of amount recovered from third party, less reasonable costs of collection. Settlement and distribution of proceeds therefrom must have approval of Court when litigation is pending, or if not in suit, of the Industrial Commission. Failure of employer or compensation insurer to pursue his remedy against third party in ninety days after written demand by compensation beneficiary shall entitle such beneficiary or his representative to enforce liability in his own name. The commencement of action by employer against third party for damages by reason of accident covered by this act, or adjustment of any such claim, shall operate as waiver of claim for compensation against employer. XIII. PRE-EXISTING DISEASES AND INJURIES.

In following cases a special indemnity shall be paid employee from funds provided: If an employee has previously incurred permanent partial disability through the loss or total impairment of a hand, arm, foot, leg or eye, and by subsequent accident incurs permanent total disability through the loss or total impairment of the other hand, of the other arm, or the other foot, or the other leg, or the other eye, or through the loss or total impairment of another member or organ, an amount sufficient to complete indemnity liability as for permanent total disability.

If, by reason of the loss or permanent impairment of any member or organ specified in foregoing subdivision by a subsequent accident, where loss or total impairment of another member or organ existed because of prior accident, the employee shall sustain necessary wage loss in excess of that for which indemnity is provided in "f," subsection II of section II, an amount sufficient to complete the payment of such indemnity as would have accrued if the injury to both members or organs had been caused by a single accident.

The fact that an employee has suffered a previous disability, or received compensation therefor, shall not preclude compensation for a later injury or death, but in determining compensation for later injury, his average earnings shall be such sum as will represent his earnings at time of later injury.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Whenever, in case of injury, the right to compensation would exist in favor of employee, he shall upon written request of employer submit from time to time to examination by regular practicing physician, who shall be provided and paid by employer, and likewise from time to time by any regular physician selected by Commission. The employee shall be entitled to have physician provided and paid for by himself present at examination. If employee, after requests, refuses to submit to or obstructs examination, his right to maintain proceedings for compensation shall be suspended, and if he refuses to submit, after direction by Commission, or in any way obstructs same, his right to weekly indemnity which shall accrue and become payable during such period of refusal or obstruction shall be barred.

XV. JURISDICTION AND PROCEDURE.

Any dispute or controversy concerning compensation shall be submitted to Industrial Commission. Every compromise of claim shall be subject to review by and set aside, modified or confirmed by Commission upon application made within one year from time of such compromise. Upon filing of application, the Commission shall, after final hearing, make and file its finding upon all the facts involved in controversy and its award which will state its determination of rights of parties. Either party may present a certified copy of award to Circuit Court for any county, whereupon Court shall, without notice, render judgment. Within twenty days from date of order or award, any party aggrieved may commence in Circuit Court of Dane County an action against Commission for review of such award, in which action the adverse party will be made defendant. The Commission or any party aggrieved by judgment entered on award may appeal from order of Circuit Court to Supreme Court.

WYOMING.

(Enacted 1915; Compiled Statutes 1920, Chapter 258, page 792; Amended Laws 1921, Chapters 65, 68, 76, 138.)

I. SCOPE AND APPLICATION.

2. The provisions are exclusive, compulsory and obligatory upon any municipality, person or body of persons, corporate, or incorporate, legal representative of deceased employer or receiver or trustee, and any person who has entered into employment of or works under contract of service with such employers engaged in extra hazardous occupations, enumerating the occupations to which chapter is applicable: Factories, garages, mills, printing plants and workshops where machinery is used, quarries, etc. It does not apply to person whose employment is purely casual and not for purpose of employer's trade or those engaged in clerical work and not subject to hazards of business; one holding an official position, nor to business or employments engaged in interstate commerce.

3. Compensation shall be payable to persons injured in extra hazardous employments as herein defined or to dependent families of such as die, except injuries due to culpable negligence of employee; said compensation to be payable from funds in state treasury to be accumulated in manner herein provided. The right of employee to compensation shall be in lieu of and shall take the place of any and all right of actions against employer contributing as law requires in favor of any such person or persons by reason of any injury or death. The rights and remedies provided for an employee on account of injury shall be exclusive of all other rights and remedies of such employee, his personal or legal representatives or dependent family at common law or otherwise on account of injury.

II. COMPENSATION.

1. INJURIES RESULTING IN DEATH:

(a) If workman leaves a widow or invalid widower, such surviving spouse shall receive a lump-sum payment of $2,000.00; provided, that if it be shown that the surviving spouse willfully deserted deceased without fault upon the part of deceased, such surviving spouse shall not be regarded as a dependent in any degree, but in such case the

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