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ated in Division 2 (a) following and the expenses of last sickness and burial expenses not exceeding $100, except where an insurer or benefit association is liable therefor or a part thereof. In such case, employer is relieved for such part as a benefit association is liable.

(m) Compensation payments mentioned above and stated in percentages of weekly earnings are limited in amounts, minimum $5, maximum $12 per week, increased in the maximum percentages to 60 per cent and increased in maximum amounts of $12 to $13 when one dependent child, to $14 when two and to $15 when three or more dependent children, and compensation shall not be payable in any event (except as hereinafter provided) for a longer period than 300 weeks, nor exceeding total amount of $5,000.

2. INJURIES NOT RESULTING IN DEATH:

(a) Doctor's and hospital bills. In addition to compensation, employer shall pay actual cost of reasonably necessary medical and surgical treatment, medicine, medical and surgical supplies, crutches and apparatus for first sixty days, or in case of death until death. Limited, however, to $100.

(b) Total temporary compensation. Fifty per cent of average weekly earnings, minimum $5, maximum $12 per week, provided if employee is earning less than $5 per week, compensation shall be at full wages.

(c) Temporary partial disability. Fifty per cent of difference between average weekly earnings at time of injury and what the employee is able to earn afterwards, not more than $12 and not longer than 300 weeks. Such compensation conditional upon furnishing employer, should employee change employers, with affidavit of name of his present employer, place of employment and amount of wages he is receiving, and for a failure to furnish such affidavit, compensation suspended until he does.

(d) Permanent partial disability. All injuries not specifically enumerated hereinafter under title "Specific injury," 50 per cent of difference between average weekly earnings at time of injury and amount he is able to earn afterwards, not exceeding $12 weekly and during disability not longer than 300 weeks, and subject to same conditions as to furnishing affidavit as provided in (c) next above. (e) Permanent total disability. The total loss of both eyes— both arms at the shoulder-permanent complete paralysis -complete loss of mental faculties are considered complete disability and compensation is payable for such at 50 per cent of average weekly wage, not less than $5 nor

more than $12, not exceeding 550 weeks, nor in any event to exceed $5,000; provided that any permanently disabled employee becomes an inmate of a public institution, then no compensation is payable, unless he has wholly dependent on him for support dependents, and in such case, employer liable for such benefits as go to such dependents. If an employee has a permanent disability or has previously sustained another injury than that in which he received a subsequent permanent injury by accident such as specified as permanent injury, he shall be entitled to compensation only for the degree of injury that would have resulted from the latter accident if the earlier disability or injury had not existed.

Where an employee has previously lost one eye, leg or one arm and thereafter in the same employment or of that of another he suffers additional loss of either one eye, leg or arm, only three-fourths of amount payable for permanent disability is payable.

All other total permanent disability not above named, same amount weekly, but limited to 400 weeks.

(f) Specific Injuries. For the loss of or the permanent loss of the use of the members hereinafter stated, there shall be paid 50 per cent of the average weekly earnings and for the time as follows:

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Loss of one phalange equal to one-half loss, and more than one phalange, loss of any finger, thumb or toe.

All weekly compensation for all kinds of disabilities not resulting in death to be increased 5 per cent for each totally dependent child under eighteen years of age and a maximum of $12 increased to $13 for one child, $14 where two, and $15 where three or more totally dependent children under eighteen years, to cease as to each

child when he arrives at eighteen. All compensation shall be at the rate of not less than $5 nor more than $12 per week nor extend longer than 300 weeks, except as herein above stated.

(g) Disfigurement. No such provided for in schedule of compensation.

(h) Hernia. All claims for must be proven to satisfaction of Court.

(1) That there was an injury resulting in.

(2) Sudden appearance of.

(3) Accompanied by pain.

(4) Followed accident immediately.

(5) And did not exist prior.

Treatment shall be radical operation and refusal to undergo suspends compensation unless on finding of the Court it would be dangerous because of physical condition.

III. BASIS FOR COMPUTING COMPENSATION.

All compensation computed on basis of average weekly earnings, which shall mean earnings for 52 weeks in same employment divided by 52, but if injured lose more than seven consecutive calendar days during 52 weeks, although not in same week, then earnings for such remainder of weeks divided by said remainder.

Where prior employment is less than 52 weeks with the same employer, the method of dividing the earnings during that period by weeks and parts of weeks shall be followed when fair to both parties.

When none of above methods are applicable because of shortness in employment, arrived at by the wages of another in the same line of employment with same employer.

IV. LUMP SUM.

Periodical compensation payments either by agreement approved by the Court or ordered by Court in decisions may be commuted to one or more lump-sum payments, except death and permanent disability. Permanent partial disability resulting from total loss of hearing or loss of arm, hand, foot, leg, eye or more than one such members may be commuted only by the consent of the Circuit Court. Commutation shall be equal to present value of all future installments calculated on 6 per cent basis.

V. WAITING PERIOD.

In case of temporary total or temporary partial disability, payments begin on third week except medical, surgical and hospital, which shall be paid from the beginning, and in no case is compensation payable unless employer has actual notice of injury or is notified within period prescribed in notation VI below. If disability lasts for four weeks then the first two weeks to be included in first payment after expiration of fourth week.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

Notice of injury in writing (form prescribed) served personally or by registered mail upon employer or an agent upon whom service by summons could be made within five days after accident must be made or no compensation is due, except in cases of mental incapacity, fraud or deceit, or equal good reason. In no event is compensation payable unless such notice be given within ninety days.

Limitations. All claims for injuries are barred unless within one year after accident (1) parties have agreed, (2) verified claim has been filed; claims for death barred unless within one year, if death results proximately from accident three years after accident. Except when payments have been made, limitation expires one year from last payment and one year after removal of any physical or mental incapacity.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

(a) Employers under act may at option insure liability in organization approved by Commissioner of Insurance or employer may carry reciprocal insurance, or employer and workman may agree to carry risk in conjunction with other and greater risks and providing other and greater benefits such as additional compensation, accident, sickness or old age benefits, etc.

(b) Report of accidents and settlements. Employers shall keep record of all injuries and report same to Compensation Commissioner within fifteen days. Report settlements within ten days. Where disability lasts longer than sixty days, supplementary reports must be given, all on forms prescribed by Commissioner of Compensation.

VIII. SETTLEMENTS.

Parties may settle all questions, but must be in substantial amounts provided by act. Lesser settlements may be made with approval of Court, Circuit or County. Any settlement may be vacated for fraud, undue influence or coercion by the Judge approving settlement within six months after settlement. Judgments may be entered and rendered the same as in civil actions upon any settlement agreement, and all money paid before approval of a settlement agreement is held to be an advance payment on compensation due.

IX. WAIVER.

Minors and adults have power to settle differences, but Courts may in their discretion appoint guardian of minor to make settlement and receive money. All settlements approved by the Court discharge the employer except where fraud, undue influence or coercion. has been practiced.

X. OWNERS AND

CONTRACTORS, WITH RELATIONS AND LIABILITIES.

Any person who carries into operation any fraudulent scheme to enable him to execute work without himself being insurable for compensation shall be included in the term employer, but a bona fide contract in good faith with a contractor or subcontractor shall not be included in the term employer and, therefore, is not liable for compensation. In that event, the contractor or subcontractor becomes the employer and is liable for compensation accordingly.

XI. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION.

(a) By depositing the present value of any future installments of compensation calculated on a 6 per cent basis, when done by leave of court, in any savings bank or trust company of the state or any national bank doing business in the state. When commutation so made and paid, payments from that fund by the Trustee shall be made at the same time as required by the employer to pay the

same.

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