5. If employer accepts provisions of Part B and fails to conform to provisions regarding insurance of compensation liability, the employee shall have option to elect either to claim compensation under act or bring action to recover damages under Part A, and if injuries result in death the option to elect shall be exercised by persons entitled to compensation.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH WITHIN TWO YEARS FROM DATE OF INJURY:

(a) For burial expenses, $100.00.

(b) To those wholly dependent, a weekly compensation equal to half of the average weekly earnings of deceased at time of injury.

(c) To those partially dependent, a weekly compensation equal to half of the average weekly earnings of deceased at time of injury, provided amount so paid shall not be more than $18.00 weekly nor less than $5.00 weekly, and if average weekly sum contributed be more than $5.00 weekly, not more than said sum.

(d) Compensation from death resulting from injuries shall in no case be more than $18.00 or less than $5.00 weekly and shall not continue longer than 312 weeks after death.

2. FOR INJURIES NOT RESULTING IN DEATH:

(a) Medical, surgical and hospital services, limited to such charges as prevail in same community for similar treat

ment.

(b) Partial incapacity. There shall be paid to injured employee a weekly compensation equal to half of difference between his average weekly wages before injury and amount he is able to earn after, such compensation to be no more than $18.00 weekly and no longer than 520 weeks.

(c) Specific injuries. With respect to following injuries the compensation in addition to usual compensation for total incapacity, but in lieu of other payment for compensation, shall be the average weekly earnings, but in no case more than $18.00 or less than $5.00 weekly.

a. For loss of arm at or above elbow, or complete and permanent use of one arm, 208 weeks.

b. For loss of one hand at or above wrist, or complete and permanent loss of one hand, 156 weeks.

c. For the loss of one leg at or above knee, or complete and permanent use of one leg, 182 weeks.

d. For loss of one foot at or above ankle, or the complete and permanent use of one foot, 130 weeks.

. For the complete and permanent loss of hearing in both ears, 156 weeks.

f. For the complete and permanent loss of hearing in one ear, 52 weeks.

g. For the complete and permanent loss of sight of one eye or reduction in one eye to one-tenth or less of normal vision with glasses, 104 weeks.

h. For the loss of or complete and permanent loss of use of a thumb, 38 weeks.

i. For loss of or complete and permanent loss of use of first finger or great toe, 38 weeks.

j. For the loss of or complete and permanent loss of use of a second finger, 30 weeks; a third finger, 25 weeks; a fourth finger, 20 weeks.

k. For the loss of or loss of use of any toe except great toe, 13 weeks.

The loss of or loss of use of one phalanx of a thumb construed as half of loss of thumb; one phalanx of finger as one-third of loss of finger; two phalanges of finger as two-thirds loss of finger; one phalanx of great toe as half of loss of great toe; the loss of greater part of phalanx construed as loss of phalanx and compensated accordingly.

(d) Permanent partial incapacity. In case injury shall consist of loss of substantial part of member resulting in permanent partial loss of use of member or in case the injury results in permanent partial loss of function, the Commission in its discretion in lieu of other compensation award such proportion of sum herein provided for total loss or loss of use of such member or for incapacity or both as shall represent the proportion total loss or loss of use found to exist.

(e) Total incapacity. If injury results in total incapacity, employee shall be paid a weekly compensation equal to half of his average weekly earnings at time of injury, in no case more than $18.00 or less than $5.00 weekly, and shall not continue longer than period of incapacity or in any event longer than 520 weeks. The following injuries are compensated as causing total incapacity:

a. Total and permanent loss of sight in both eyes, or reduction to one-tenth or less of normal vision with glasses.

b. Loss of both feet above the ankles.

c. Loss of both hands at or above the wrist.

d. Loss of one foot at or above ankle and one hand at or above wrist.

e. Any injury resulting in permanent and complete paralysis of legs or arms or of one leg and one arm. f. Any injury resulting in incurable imbecility or insanity.

III. BASIS FOR COMPENSATION.

Average weekly earnings shall be ascertained by dividing the total wages received from employer during 26 calendar weeks immediately preceding injury by number of calendar weeks during which or any portion of which workman was actually employed by said employer, and absence of seven consecutive calendar days, although not in same calendar week, shall be considered as absence for calendar week. When employment commenced other than at beginning of calendar week, such calendar week and wages earned during such week shall be excluded. When the employment previous to injury as provided above is computed to be less than a net period of two calendar weeks, then his weekly wages shall be considered equivalent to average weekly wages prevailing in same or similar employments in same locality at time of injury. In determining compensation to be paid a minor under 18 years of age for injury entitling him to total or partial incapacity for a period of 52 or more weeks, Commissioner may add 50 per cent of his average weekly wages.

IV. LUMP SUM.

Where he finds it just or necessary the Commissioner may direct commutation of weekly compensation into monthly or quarterly payments, or into single lump sum, which may be paid to one entitled to compensation. When lump sum, Commissioner may direct it be paid into bank to be held in trust.

V. WAITING PERIOD.

No compensation payable on account of any injury which does not incapacitate injured employee more than seven days, but if incapacity extends beyond seven days, compensation shall begin at expiration of first seven days; provided, if incapacity extends beyond four weeks, compensation shall begin from day of injury.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

Employee sustaining injury shall forthwith notify employer of injury, and for failure Commissioner may reduce award. Written claims for compensation to be

made within one year from date of injury, but for due cause within two years from date of injury Commissioner may extend time for a period not exceeding two years from date of injury. Notice shall state in simple language the date, place and nature of injury, the name and address of injured employee and person in whose interest compensation is claimed and shall be served on employer.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

Within one week after receipt of notice of claim for compensation the employer shall report the substantial facts of such notice to Commissioner. Every employer shall keep a record of such injuries as are sustained by their employees and send to Commissioner in duplicate, each week, such report of injuries.

VIII. SETTLEMENTS.

Voluntary agreements as to compensation may be made between employer and employee with approval of a Commissioner, a copy of agreement to be filed in office of Clerk of Superior Court.

IX. WAIVER.

Where person desiring to enter into contract of employment or having contract shall have any physical defect which imposes upon his employer an undue or unusual hazard, he may waive in writing for himself or his dependents any right to compensation due to such physical defect.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

When any principal employer procures work to be done by him by a contractor, or through him by a subcontractor, and work so procured to be done is a part or process in trade or business of such principal and is performed in or about premises under his control, then such principal contractor shall be liable to pay compensation to the same extent as if the work were done without intervention of such contractor or subcontractor.

XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

With approval of State Insurance Commissioner, any employer subject to provision of part B may enter into agreement with employees to provide a system of compensation, benefit and insurance in lieu of compensation and insurance provided. No such substitute system shall be approved unless it confers benefits equivalent to provisions of part B.

XII. SUBROGATION.

When injury is caused by a third person, the injured employee may claim compensation under act; but payment of compensation does not affect right of action of injured employee against such third person, but employee may proceed at law, and any employer having paid compensation under the act may bring action against such third person to recover amount he has paid or award he has become obligated to pay. If employer and employee join as parties in action against third party, damages shall be apportioned that claim of employer shall take precedence over that of employee and if damages be sufficient to reimburse employer they shall be assessed in his favor, but if damages are more than sufficient to reimburse him for compensation paid and with reasonable attorney fees and his costs, the excess shall be assessed in favor of employee. XIII. PRE-EXISTING DISEASES OR INJURY.

In case of aggravation of disease existing prior to injury, compensation shall be allowed only for such proportion of disability due to aggravation of such prior disease as may be reasonably attributed to injury.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

At any time while claiming or receiving compensation, upon request of employer or at direction of commissioner, injured employee shall submit himself to examination by physician or surgeon, paid by employer, with view to determination of nature of injury and incapacity resultant; injured employee may secure physician paid by himself. Refusal to submit