only persons entitled to compensation at the time of decedent's death. 2. INJURIES NOT RESULTING IN DEATH: (a) Medical attendance. Employer shall provide such reasonable medical, surgical or other attendance or treatment, nurse and hospital service as may be requested for reasonable time after injury. Fee and charges subject to regulation of board, liability limited to such charges as prevail in same community. (b) Partial disability. During such disability and not exceeding 150 weeks, beginning on the 8th day of disability, shall pay weekly compensation equal to 55 per cent of difference between his average weekly wages and weekly wages he is probably able to earn thereafter, taking into account nature of injury and disfigurement, occupation and age, not exceeding, however, difference between wages which injured employee is most probably able to earn after injury and maximum compensation allowed in cases of total disability. In case partial disability begins after period of total disability the period of total disability shall be deducted from such total period of 150 weeks. (c) Specific injuries. Following injuries the compensation shall be 55 per cent of average weekly wages not more than weekly compensation provided for total disability in addition to other compensation for the period stated. One toe other than great toe at second or distal joint 3 12 Weeks One fourth finger proximal joint. One fourth finger distal joint. 9 6 3 One leg at or near hip joint so as to preclude use of 180 One leg at or above knee where stump remains suffi One great toe at proximal joint. 15 One great toe at second joint.. One toe other than great toe with metatarsal bone... 10 12 6 100 Total deafness of one ear. 35 115 In all other cases of this class, compensation shall bear such relation to amount stated in schedule as disabilities bear to those produced by injuries named in schedule. (d) Total disability. Where injury causes total disability, not including first seven days thereof, shall pay employee a weekly compensation equal to 55 per cent of his average weekly wages not more than $12.00 nor less than $6.00 for a period not exceeding 400 weeks and thereafter a compensation of $6.00 a week. In case employee whose average monthly wages are less than $6.00 a week compensation shall be full amount, but where disability is permanent the weekly compensation shall be $6.00. In following injuries in absence of conclusive proof to contrary the disability is deemed total and permanent: 1. Total and permanent loss of sight in both eyes. 2. Loss of both feet at or above ankle. 3. Loss of both hands at or above wrist. 4. Loss of one hand and one foot. 5. Injury to spine resulting in permanent and complete paralysis of both legs or arms or one leg and one arm. 6. Injury to skull resulting in incurable imbecility or in sanity. (e) Hernia. In case of hernia resulting from injury it must be proved that it was an injury resulting in hernia, that hernia appeared suddenly and immediately following injury and did not exist in any degree prior to injury for which compensation is claimed. III. BASIS FOR COMPUTING COMPENSATION. In computing death benefits the total weekly compensation shall be subject to a maximum of $12.00 per week and a minimum of $6.00, but if at time of injury employee received less than $6.00 per week, then compensation shall not exceed full amount of such wages. Average weekly wages shall be computed in such manner as is best calculated to give average weekly earnings of workman during twelve months preceding his injury. Where from shortness of employment or casual nature it is impracticable to compute rate, regard may be had to average weekly earnings, which during 12 months previous to injury were being earned by persons employed in same grade at same work, or if no persons employed by person in same district. If workmen at time of injury regularly employed in higher grade of work than formerly during year and with large regular wages, only such larger wages shall be taken into consideration. IV. LUMP SUM. Whenever board determines it is for best interests of all parties liability for compensation may be discharged by payment of one or more lump sums, not to exceed present value of all future payments of compensation computed at 4 per cent true discount compounded annually. Probability of beneficiary's death before expiration of period of compensation to be determined by American experience table of mortality, but in case of compensation to widow or widower of deceased lump sum not to exceed 100 weeks compensation. V. WAITING PERIOD. First seven days. VI. NOTICE OF ACCIDENT-LIMITATIONS. No proceeding shall be maintained unless notice in writing of injury shall have been given employer as soon as possible after happening, and unless claim for compensation shall have been made within one year after date of injury or death. Notice shall state name and address of employee, time, place, nature and cause of injury and signed, may be given by delivering it or sending by mail by registered letter. Notice given not invalid for inaccuracy unless it is shown employer was misled to his injury thereby. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. Every employer shall report semiannually on January 1st and July 1st to board average number of employees on pay roll during preceding six months period. Employers, not including state and municipal bodies, shall secure compensation by insuring in state insurance fund; by depositing with department of commerce and industry security satisfactory to board securing payment of compensation. Every employer shall keep a record of accidents received by employees and within forty-eight hours after occurrence of injury report same in writing to Industrial Board. Upon termination of disability employer shall make a supplemental report. VIII. SETTLEMENTS AGREEMENTS. If employer and injured employee reach an agreement as to compensation, a memorandum of agreement shall be filed with the board, and if approved is enforceable, subject to modification and revision. IX. WAIVER. No contract, rule, regulation or device whatsoever shall operate to relieve employer in whole or in part from any liability created by this chapter, other than agreement to substitute systems of compensation. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES. An employer subject to act shall be liable for compensation to an employee of contractor or subcontractor under him or who has not complied with pro vision of act in regard to security for compensation in case where such employer would have been liable if such employee had been working directly for such employer. Contractor or subcontractor shall also be liable for such compensation, but employee shall not recover for same injury from more than one party. Employer may recover from contractor or subcontractor for whom employee was working at time of accident. IX. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION. Any voluntary payment made by employer may, subject to approval of board, be deducted from amount paid as compensation. When board deems it expedient, lump sum payment shall be paid to some suitable trustee appointed by Probate Court and receipt of trustee for amount paid shall discharge employer. XII. SUBROGATION. When injury for which compensation is payable is caused by third party, the injured employee may at his option either claim compensation under law or obtain damages at law against such third person, and if compensation is claimed and awarded under law the employer having paid the compensation or having become liable shall be subrogated to rights of injured employee to recover against third person. XIII. PRE-EXISTING DISEASES. No provision. XIV. EMPLOYER'S RIGHT TO EXAMINATION OF INJURED. After an injury and during period of disability, workman if so requested by employer or ordered by Board shall submit to examination at reasonable times. and places to duly qualified physician or surgeon designated and paid by employer. Workman has right to have physician designated and paid by himself at such examination. If workman refuses to submit to examination his right to compensation is suspended until obstruction is removed. If employee persists in injurious or insanitary practices that retard recovery, compensation may be suspended or reduced. |