tion shall not be defeated. If said workman leaves a surviving child or children under sixteen years of age, the guardian of such child or children, appointed as hereinafter provided, shall receive for the use and benefit of said child or children a lump sum of one hundred and twenty dollars ($120.00) per year for each surviving child under sixteen years of age until the time when each of said surviving child shall become sixteen years of age; provided that the aggregate lump sum to be paid said. guardian in no case exceed $3,600.00. In all death cases where an order of compensation is made on account of children under sixteen years of age or to persons incompetent, said funds shall be disbursed under a proper guardianship to be created by Court or Judge making such an order. 2. If injured workman die during a period of temporary total disability, and after receiving compensation therefor, as herein provided, and his death be shown to have resulted from such injuries, the total amount of payments in excess of $2,400.00 received by him during such disability and prior to his death shall be proportionately deducted from the lump amounts herein provided to be paid to the surviving widow and the guardian of workman's children under age of sixteen years. 3. If the injured workman leaves no widow or widower or child under age of sixteen years, but leaves a parent or parents surviving, such surviving parent or parents shall receive a lump sum which shall be computed at the rate of 50 per cent of average monthly support received by such parent or parents from workman during the three years next preceding the occurrence of injury, calculated as near as may be over the probable period such support would have continued, but in no case exceeding sum of $1,000.00. 4. Where death results from injury the expense of burial, not to exceed $100.00 in any case, unless other arrangements exist between employer and employee. 2. INJURIES NOT RESULTING IN DEATH: (a) First aid, medical. In all cases of total disability and permanent partial disability the expense of medical attention and care and of care in hospital of injured workman shall be paid from date of said injury, not to exceed, however, $200.00 in any case, unless under general arrangement the workman is entitled to medical attention and care in hospital. (b) Temporary total disability. Means an injury which, though it may result or does result in permanent total or partial disability, temporarily incapacitating the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by medical and surgical treatment and be able to resume work. In such case, if the workman be unmarried at time of injury he shall receive the sum of $50.00 per month so long as the total disability shall continue. If he have a wife with whom he is living at time of injury he shall receive $60.00 per month, and if he have children under sixteen years of age he shall receive $7.50 per month for each child under sixteen years of age, but total monthly payment shall not exceed $90.00 per month. As soon as recovery is so complete that the earning power of workman at any kind of work is restored, the payments shall cease, but in no case shall the total payments made in such case exceed in aggregate the lump-sum amount herein specified to be paid to an injured workman for injuries causing permanent total disability. (c) Temporary partial disability. No provision.. (d) Permanent partial disability. Means the loss of either foot, one leg, one hand, one arm, one eye or the sight of one eye, one or more fingers, one or more toes, any dislocation where the ligaments are severed, or any other injury known in surgery to be permanent partial disability. For any permanent partial disability resulting from any injury the workman shall receive a lump sum as hereinafter specified. For loss of thumb, $225.00. Loss of palm (metacarpal bone), $600.00. Loss of hand, $1,000.00. Loss of an arm at or below elbow, $1,200.00. Loss of an arm above elbow, $1,500.00. For ankylosis (total stiffness of) or contractures (due to scars injuries) which make the fingers more than useless, the same amounts apply to such finger or fingers (not thumb) as given above. The loss of third or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. The loss of third or distal phalange of any finger shall be considered to be equal to the loss of two-thirds of such finger. The loss of more than the middle and distal phalanges of any finger shall be considered to be equal to the loss of the whole finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of hand. Loss of great toe, $200.00. Loss of one of toes other than great toe, $150.00. The loss of less than two-thirds of any toe shall be Loss of leg below the knee, $1,200.00. Loss of eye or sight thereof, $1,500.00. For any other injury known to surgery to be permanent partial disability the workman shall receive a lump sum in the amount proportioned to the extent of such permanent partial disability, based as near as may be upon foregoing schedule. (e) Disfigurement. No provisions. (f) Specific injuries. No provisions. (g) Total permanent disability. Means the loss of both legs III. BASIS FOR COMPUTING COMPENSATION. IV. LUMP SUM. Lump-sum payments are made in cases of total permanent disability and for death benefits. V. WAITING PERIOD. No compensation except the expense of medical attention shall be allowed for first seven days of disability, unless incapacity extends beyond the period of twenty-one days, in which case compensation shall run from time of injury. VI. NOTICE OF ACCIDENT-LIMITATIONS. It is the duty of the employer, within twenty days after accident, to make a report of such accident and injury resulting therefrom, and to file said report in office of Clerk of District Court of county wherein such accident occurred. If there is no dispute the Judge shall order payment of compensation; then the Judge shall set the case down for hearing and direct notice of hearing to be issued by clerk for service upon employer and employee seven days before date fixed for hearing. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. Employer must file report of accident in office of Clerk of District Court within twenty days after the occurrence. Every employer engaged in any of the occupations herein defined as extra-hazardous is hereby required to pay into the state treasury for the benefit of industrial accident fund a sum of money equal to 12 per cent of moneys earned by each of his employees engaged in such extra-hazardous employment during each calendar month of such employment. VIII. SETTLEMENTS—AGREEMENTS. Agreements for services rendered in procuring compensation, for fees aggregating more than $50.00 or more than 5 per cent of whole amount received shall be unlawful. IX. WAIVER. No contract, rule, regulation or device whatsoever shall operate to relieve the employer in whole or in part from any liability created by this chapter, except as herein provided. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES. If work of state, county or municipality is being done by contract, the pay roll of the contractor and the subcontractor shall be the basis of computation, and in the case of contract work consuming less than one year in performance of the required payment into accident fund shall be subject to the provisions of this chapter and the state for its general fund. the county or municipal corporation shall be entitled to collect from the contractor the full amount payable to the industrial accident fund, and the contractor in turn shall be entitled to collect from subcontractor in his proportionate amount of payments; the provisions of this section shall apply to all extrahazardous work done by contract except in private work the contractor shall be responsible primarily and directly to industrial accident fund for the proper percentage of total pay roll of the work and for the amounts due it, and the owner of the property affected by the contract shall be surety on such payments. Whenever and so long as the state law, city charter or municipal ordinance, provisions are made for municipal employees, injured in course of employment, such employees shall not be entitled to benefits of this chapter, and shall not be included in the pay roll of municipality under this chapter. XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION. No provisions considering this subject. XII. SUBROGATION. Where an employer coming under the provisions of this chapter received an injury under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, and |