The loss of both arms, both hands, or both feet, or both legs, or both eyes, or any two thereof, caused by a single accident, shall constitute total and permanent disability. III. BASIS FOR COMPENSATION. Compensation shall be computed on annual earnings received as salary, wages or earnings in employment of same employer during year next preceding injury; annual earnings, if not otherwise determinable, shall be regarded as 300 times average daily earnings in such computation. If injured employee not engaged in employment for full year immediately preceding accident, compensation shall be computed according to annual earnings which person of same class in same or neighboring employments of same kind earn during such period, and if this basis of computation is impossible, 300 times amount which injured person earned on average of those days when working during year next preceding accident shall be used as basis for computation. In case of employees who earn no wages or less than 300 times usual daily wages of adult day laborer in same line of that locality, the yearly wages shall be reckoned as 300 times average daily local wages of average wage earner in that class of work, or if information of that class not obtainable, then similar class in same employment in same neighborhood. Where employment shuts down during season of year, the number of days which it is custom of such business to operate shall be used. Earnings for purpose of this section shall be based on earnings for number of hours commonly regarded as a day's work for that employment, and shall exclude overtime earnings. Earnings not to include any sum employer has been accustomed to pay employee to cover any special expense entailed on him by nature of employment. On computing compensation to employee who, before the accident, was disabled and drawing compensation, the compensation for each subsequent injury shall be apportioned according to proportion of disability and incapacity caused by respective injuries which he might suffer. IV. LUMP SUM. In case where period of compensation can be determined definitely either party may upon notice apply to Judge of District Court for order commuting payments to a lump sum, subject to approval of Commission. Court shall fix lump sum at an amount which will equal the total sum of probable future payments capitalized at their present value and upon basis of interest calculated at 5 per cent per annum. Upon payment of such amount employer shall be released. V. WAITING PERIOD. No compensation paid unless incapacitates employee for period of at least two weeks. Should incapacity extend beyond period of two weeks, compensation begins on fifteenth day after injury; if period extends beyond thirty-fifth day from date of injury, then compensation for fifth week of incapacity shall be increased by adding thereto an amount equal to two-thirds of weekly compensation; if beyond forty-second day, then compensation for sixth week shall be increased by adding an amount equal to twothirds of weekly compensation; if extends beyond forty-ninth day, then compensation for seventh week shall be increased by adding thereto an amount equal to two-thirds of weekly compensation; if period of incapacity extends beyond forty-ninth day following date of injury, then compensation shall only be the weekly compensation. VI. NOTICE OF INJURY-LIMITATIONS. Unless employer has actual knowledge of injury, or employee or someone in his behalf shall give notice within fifteen days, then no compensation shall be paid until date from which such notice is given or knowledge, if obtained, within thirty days from injury. No want, failure or inaccuracy of notice shall be a bar to compensation. VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT. Every employer, within forty-eight hours after knowledge of accident, shall report same in writing to Industrial Commission, and upon termination of disability, or if disability extends for period of sixty days an additional report. Every employer shall insure his liability in organization approved by Department of Insurance. VIII. SETTLEMENTS AGREEMENTS. Employer and employee may agree as to compensation subject to approval of Industrial Commission. IX. WAIVER. No contract, rule, regulation or device shall operate to relieve employer from liability created. Any contract of employment, relief, benefit or insurance or other device whereby employee is required to pay premiums on insurance against compensation is void. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES. No provision considering subject. XI. EMPLOYERS MAY BE RELIEVED OF LIABILITY FOR COMPENSATION. No provision considering subject. XII. SUBROGATION. Where employee receives injury for which compensation is payable and which injury was created under circumstances creating legal liability in some other person than employer, the employee may proceed against both, and if employee recover compensation the employer by whom compensation is paid shall be entitled to indemnity from person so liable to pay damages as aforesaid and shall be subrogated to rights of employee. XIII. PRE-EXISTING INJURIES AND DISEASES. In computing compensation to be paid any employee, who before accident for which he claims compensation was disabled and drawing compensation under terms of act, the compensation for each sub sequent injury shall be apportioned according to the proportion of incapacity and disability caused by respective injuries which he may have suffered. XIV. EMPLOYER'S RIGHT TO HAVE INJURED EXAMINED. After injury, if employer requests, the employee shall submit to examination at some reasonable time and place and as often as may be reasonably requested by a physician or surgeon, without cost to employee, but employee shall be entitled to physician at his own cost. Refusal to submit to examination deprives employee of right of compensation during such refusal. XV. JURISDICTION AND PROCEDURE. If parties reach an agreement in regard to compensation, a memorandum shall be filed with Industrial Commission and unless Commission notifies employer and employee of disapproval, the agreement stands. If parties fail to agree, either party may notify Commission, which shall call a call a committee of arbitration which shall make inquiries and investigation and conduct a hearing, and the decision of the committee, its finding of fact, ruling of law and other matters pertinent shall be filed with Commission, and unless a claim for review is filed within five days from filing of decision such decision shall be enforceable. If claim for review is filed, Industrial Commissioner shall hear parties and revise decision of committee or refer back to committee for further finding. No party as a matter of right shall be entitled to a second hearing. Any party in interest may present certified copy of order of Commissioner, an award of arbitration committee from which no claim of review is filed, or memorandum agreement approved by Commissioner, to District Court, and Court may render a decree in accordance therewith and notify parties. If any person is aggrieved by reason of an order or decree of Industrial Commission such party may appeal to District Court. Findings of Industrial Commission, in absence of fraud, shall be conclusive; but Court may set aside order or decree if Commission acted in excess of authority, order was procured by fraud, facts do not support |