no legal liability attaching to employer, then in such case the employee shall be left to his remedy at law against such other person, and compensation shall not be payable under this chapter. XIII. PRE-EXISTING DISEASES AND INJURIES. Where there has been a previous disability, as loss of one eye or sight thereof, one hand, one foot, or any other permanent disability, the percentage for a subsequent injury shall be determined by deducting from the percentage of the previous disability as it existed. at the time of subsequent injury; the workman shall receive a lump sum of $4,000.00. XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED. Any employee awarded compensation for temporary total disability shall, if thereafter requested by employer, submit himself for medical examination by a physician licensed to practice medicine in this state, at a place designated by employer and reasonably convenient for workman, and said workman may have a licensed physician present of his own selection. The purpose of such examination shall be to determine whether workman has recovered so that his earning power at any kind of work is restored. If workman refuses to submit to examination or obstructs same, right to monthly payments shall be suspended until examination has taken place, and no compensation shall be payable during or for account of such period of refusal. XIV. JURISDICTION AND PROCEDURE. Whenever any injury or death is reported to Clerk of District Court, it shall be the duty of clerk to at once notify the Judge that such injury report had been filed in his office. The Judge shall investigate the claim and if there is no dispute and claim appears to be free from collusion said Judge shall make an order directing payment of such compensation from state industrial fund. If there is a dispute, the Judge shall set the case down for hearing, the hearing conducted on statement and report filed by employer and such formal claims as may be presented and filed with clerk on behalf of injured workman. A jury may be had if employer alleges in his report that injury was due solely to culpable negligence of employee or that claim for compensation is not one coming within the law. At conclusion of hearing, Court shall enter order pursuant to verdict if jury is called; if no jury, the Court shall render decision on facts and law and make order allowing or disallowing compensation. Any order made by a Court or Judge, pursuant to a hearing, shall be reviewable by the State Supreme Court on proceedings in error in manner prescribed by code of civil procedure. (References are to pages.) ACCEPTANCE OF ACTS (see Scope and Application). COMPENSATION: Montana, 169 Nebraska, 178 New Hampshire, 192 Pennsylvania, 263 Rhode Island, 272 West Virginia, 356 Wisconsin, 365 COMPENSATION: Alabama, 2-5 Illinois, 69-71 Indiana, 78-80 Maryland, 127-129 Massachusetts, 135-137 Michigan, 142-145 Nevada, 183-186 Wisconsin, 360-365 Wyoming, 372-375 Nebraska, 176-178 |