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or (4) make some other provision acceptable to the Board, and (5) file with the Commission evidence of his compliance therewith.

2. Report of accidents. Every employer shall send an immediate report of all fatal accidents to the Industrial Commission; and between the 15th and 25th of each month report of all nonfatal accidents for which compensation is payable. In case of permanent disability accidents a later report in detail thereof. All such reports to give date (whether day or night), nature of injury, address, sex and specific occupation of injured, etc.

VIII. SETTLEMENTS.

While the act allows settlements between the employer and employee, no contract or agreement made by any employer, his agent or attorney, with an employee within seven days after injury shall be made, and if made, it is presumed to be fraudulent. All settlements must be approved by the Industrial Commission before the same is binding.

IX. WAIVER.

No employee, personal representative or beneficiary has power to waive any of the provisions of the act in regard to amount, except by approval of the Commission.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

Owner of any enterprise falling within the provisions of act primarily liable with contractor who engages therein unless owner sees to it that contractor or subcontractor shall have such employees insured in company authorized to do business in Illinois. Contractor and subcontractor liable same as owner of enterprise engaged in same line of business.

XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

1. Any employer may be relieved of paying compensation under this act by:

(a) Depositing the commuted value of the total unpaid compensation, computed at 3 per cent per annum in same

manner as lump sum settlements are granted, with the State Treasurer, County Treasurer of the county where accident occurred, or in any state or national bank or trust company doing business in Illinois, or some other suitable depository to be approved by the Commission. When such deposit is made, such depository shall pay out same in installments as provided by act unless commuted to lump sum according to lump-sum provision. (b) By purchasing an annuity in amount of compensation in some insurance company permitted to do business in state.

XII. SUBROGATION.

Where injury or death occurs to an employee of an employer under act and such injury was not proximately caused by negligence of employer, but caused under circumstances creating a legal liability for damages in some person other than the employer, such other person being also under act, then the right of employee or personal representatives to recover damages against such other person shall be subrogated to the employer, who may bring legal proceedings against such other person to recover damages not exceeding the amount of compensation provided by act. Where injury or death occurs and was not proximately caused by the negligence of the employer, but caused under circumstances creating a liability for damages against a person other than the employer, such other person not being under the provisions of the act, then legal proceedings may be taken against such other person to recover damages, notwithstanding such employer's payment of or liability to pay compensation under the act, but in such case if the action against such other person is brought by injured employee or personal representatives and judgment is obtained and paid, then employer of such employee shall be subrogated and the amount of compensation he has paid shall be refunded, or the employer may, in the first instance, by agreement with employee or his personal representatives, be subrogated to the right to bring suit for damages against such other person. Insurance company where employer is insured stands primarily liable with the employer to pay compensation, and insurance company may be made a party to the proceedings.

XIII. PRE-EXISTING DISEASES AND INJURIES.

Pre-existing diseases no ground of defense to defeat compensation. In computing compensation for any employee who, before the accident for which claim for compensation is made, was disabled by another injury and drawing compensation under act, the compensation for subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries.

XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED.

Injured employee must submit himself, at the expense of the employer, upon request, to qualified medical practitioner at a time and place convenient for employee as soon after injury as practicable and one week after said first examination and thereafter at intervals not oftener than every four weeks; all for the purpose of determining nature and extent and probable duration of injury. Such examination must be made in presence of doctor, provided and paid for by by the employee if he desires. Such examination shall not be made on day of hearing of case for compensation. Where employee has no surgeon present, upon request employee entitled to a statement in writing of the condition and extent of the injury, to the same extent that the surgeon reports to the employer. If employee refuses to submit himself to examination, or obstructs the same, his compensation payments shall be suspended until he does submit. Any employee who persists in insanitary or injurious practices which tend to either imperil or retard his recovery shall also be denied compensation so long as he persists in such practices.

XV. JURISDICTION AND PROCEDURE.

Since the adoption of the Workmen's Compensation Act no common-law or statutory right of action for damages may be brought, but the measure of the liability is the provisions of the Workmen's Compensation Act. This to all employers and employees falling within the provisions of the act, and all enterprises which are extra hazardous fall automatically and

without election thereunder. The original jurisdiction of a claim for compensation is a petition filed with the Industrial Commission, consisting of five members, appointed by the Governor, and the Commission selects an arbitrator, who hears the case and renders an award, from which either party has a right to have the same reviewed by the Commission. The hearing before the Commission may be either upon the record or upon additional testimony, notice thereof being given. Ten days notice must be given the opposing party of a hearing before the Arbitrator, and petition for review of the Arbitrator's decision may be filed with the Commission within fifteen days after receipt of the award. The decision of the Commission may be reviewed by the Circuit Court of the county where the accident occurred or either of the parties reside by filing a petition for certiorari within twenty days after receipt of decision of Commission, and the Circuit Court has a right to review the record as to both law and fact. Decision of the Circuit Court may be reviewed upon writ of error by the Supreme Court.

INDIANA.

(Burns' Annotated Statutes, Supplement of 1921, Vol. 6,
Sections 8020-e et seq.)

I. SCOPE AND APPLICATION.

1. After taking effect of act, every employer and employee, except as stated, shall be presumed to have accepted provisions of act respecting payment of compensation for personal injuries and death arising out of and in course of employment; unless he shall have given, prior to accident, notice to contrary. This act does not apply to railroad employees engaged in train service, casual laborers, farm or agricultural employees, domestic servants nor to employees of such persons unless such employers and employees file with Industrial Board their voluntary joint election to be bound, nor does it apply to persons engaged in interstate or foreign commerce.

2. Every contract of hiring, verbal, written or implied, now in operation or made prior to taking effect of this act shall after act has taken effect be presumed to continue and every contract made subsequent to taking effect of act shall be presumed to have been made subject to act, unless either party shall give notice to other party to such contract that provisions of act are not intended to apply. 3. Every employer who elects not to operate under act shall not in suit at law by employee for damages for injuries or death be permitted to defend on ground:

a. That employee was negligent.

b. Injury was caused by fellow servant.

c. That employee assumed the risk.

4. Where employee elects not to operate under act, in action for damages for injury or death against employer accepting provisions of act proceed at common law and employer may avail of common-law defenses.

5. Where both employer and employee elect not to operate under act, liability of employee shall be the same as though he alone rejected terms of act.

6. Rights and remedies herein granted to employee exclude every other right and remedies.

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