using as basis of calculation his earnings during so much of preceding six months as he worked for same employer. IV. LUMP SUM. Compensation may be commuted by Industrial Board at its present value, when discounted at 5 per cent interest, with annual rests, disregarding probability of beneficiary's death, upon application of either party with due notice, if it appears commutation will be for best interests; upon paying such amount employer shall be discharged. V. WAITING PERIOD. Compensation not to be paid for injury which does not incapacitate employee for a period of at least two weeks from earning full wages, but if incapacity extends beyond period of two weeks compensation begins on 15th day after such incapacity, provided if incapacity continues for four weeks or longer compensation shall be computed from date of incapacity. VI. NOTICE OF ACCIDENT-LIMITATIONS. Unless employer have actual knowledge of accident, written notice shall be given within fourteen days after accident, and no compensation shall be due until such notice be given or knowledge obtained. If notice be given after fourteen days, but within thirty days after accident, delay shall not bar compensation unless employer shows prejudice. If notice be given after thirty days, but within ninety days after accident, and if it is shown delay was due to mistake of law or fact, physical or mental inability, or fraud, compensation shall be allowed, except to extent employer was prejudiced by delay. Unless knowledge be obtained or notice given within ninety-day period no compensation shall be allowed. In case of personal injury claims for compensation shall be forever barred unless in one year after accident parties have agreed upon compensation or one or more interested parties have appealed to Industrial Board. In case of death all claims are barred unless within one year after death parties have agreed upon compensation or one or more of interested parties have appealed to Industrial Commission. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. Every employer shall keep a record of injuries received by employees. Within ten days after knowledge of accident a report thereof shall be made in writing to Industrial Board and upon termination of disability employer shall make a supplemental report. Report to contain name and nature of business of employer, location, name, age, sex and occupation of injured employee, time and nature of injury. Annually or as often as may be required, employer shall file evidence of compliance with act. Every employer shall keep insured his liability in some corporation, association or organization approved by Industrial Board. VIII. SETTLEMENTS AGREEMENTS. No agreement, rule, regulation or other device shall in any manner operate to relieve any employer or employee from liability created except as herein specified. The employer and injured employee or dependents may reach an agreement as regards compensation, a memorandum of which agreement shall be filed with Industrial Board and if approved shall be binding. IX. WAIVER. Either employer or employee who has excepted himself from operation of compensatory provisions may waive such exemptions and accept compensatory provision. X. OWNERS AND CONTRACTORS, WITH RELA- No contractor or subcontractor shall receive compensation under act, but shall be deemed to be an employer and all rights of compensation of employees of any such contractor or subcontractor shall be against their employer and not against any other employer. XI. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION. After entry of award a sum equal to all future installments may, by leave of Industrial Board, be paid to trust company, together with interest arising from investment, to be held in trust for employee or dependents who shall have no further recourse against employer. XII. SUBROGATION. If injury is caused by a third person, the injured employee may at his option either claim compensation under act, or obtain damages from, or proceed at law against such third person to recover damage, but he shall not proceed against both, and if compensation is awarded, employer having paid compensation shall be subrogated to rights of injured employee or dependents to recover damages against third persons, excess recovery to be paid to employee or dependents. XIII. PRE-EXISTING DISEASES. No provision considering subject. XIV. EMPLOYER'S RIGHT TO EXAMINATION OF IN. JURED. After injury employee must submit to examination at reasonable times and places as may be reasonably requested to physician who shall be selected and paid by employer. If employee requests he shall be entitled to have physician of his own selection. Refusal of employee to submit to examination will deprive him of compensation during period of refusal or obstruction. XV. JURISDICTION AND PROCEDURE. If the employer and employee or his dependents fail to reach an agreement or if agreement is not approved by Industrial Board, either party may notify the Board of fact, and after notice and place of hearing, the Board shall hear and determine the matter in accordance with the law and facts and state its conclusions and rulings of law. An award by Board in absence of fraud shall be final unless within ten days after copy has been sent to parties either appeals to Superior Court. The decision of Superior Court shall be in writing, shall be filed with prothonotary of said court, who shall file a certified copy with Industrial Board. On appeal to Superior Court the cause shall be determined by the record, without aid of a jury and Court may reverse, affirm or modify award or remand cause to Board for new hearing. The Industrial Board, not oftener than once in six months, may review an award and on such review make an award ending, diminishing, increasing or renewing compensation. |