NEBRASKA.

ACTS OF 1917.

CHAPTER 85.-Compensation of workmen for injuries.

[This act amends the compensation law of the State in a number of particulars, while other sections of the chapter add new provisions, though not formally added to the original act itself. These provisions relate to administration, the duty of adminis tering the law being taken out of the hands of the State insurance commissioner and placed in the hands of the commissioner of labor, who is made compensation commissier, and the term "compensation commissioner" is substituted for " insurance commissioner," where it occurs throughout the act.

Section 6 (sec. 3647) is also otherwise amended so as to read as follows:]

Section 3647. (1) The provisions of this act shall apply to the Scope of law. State of Nebraska and every governmental agency created by it, and to every employer in this State employing one or more employees, in the regular trade, business, profession, or vocation of such employer. (2) The following are declared not to be hazardous occupations and not within the provisions of this act: Employers of household domestic servants and employers of farm laborers. Railroad companies engaged in interstate or foreign commerce are declared subject to the powers of Congress and not within the provisions of this act. (3) Any employer not included in the preceding paragraphs of this section and the employees of such employers may, by their joint election, filed with the compensation commissioner, accept the provisions of Part II of this act, and such acceptance shall subject them to the said provisions of Part II hereof to all intents and purposes as if they had been originally included in the terms of subdivision 1 of this section: Provided, however, That either such employer or workmen (prior to accident) shall have the right to waive such election to come under Part II hereof, the procedure being the same as indicated in subdivisions (a) and (b) of section 103 of this chapter.

[Section 15 (sec. 3656) is amended by adding to subsection (2) thereof the following:]

Injuries to

No parent or guardian of an injured minor employee shall be entitled to recover any damages by reason of said injury other minors. than as expressly provided in this article.

[Sections 19, 20 and 21 (secs. 3660, 3661 and 3662) are amended so as to read as follows:]

Waiting

Sec. 3660. No compensation shall be allowed for the first seven calendar days after disability begins, except as provided in the time. next following section, but if disability extends beyond the period of seven days, compensation shall begin on the eighth calendar day after the injury: Provided, however, That if such disability continues for six weeks or longer, such compensation shall be computed from the date of the injury.

Sec. 3661. During the first twenty-one days after disability be- Medical, etc, gins the employer shall be liable for reasonable medical and hos- aid. pital services and medicines as and when needed, not, however, to exceed two hundred dollars in value, unless the employee refuses to allow them to be furnished by the employer: Provided, however, In cases of dismemberment or injuries involving major surgical operations, the employer shall be liable for reasonable medical and hospital services and medicines as and when needed

beyond as well as within the twenty-one day period, not, however, to exceed two hundred dollars in value: Provided, further, That where the injured employee refuses or neglects to avail himself of such medical or surgical treatment, the employer shall not be liable for any aggravation of such injury due to said neglect or refusal. Compensa- Sec. 3662. The following schedule of compensation is hereby tion for total established for injuries resulting in disability. disability;

(1) For the first three hundred weeks of total disability the compensation shall be sixty-six and two-thirds per cent of the wages received at the time of injury, but such compensation shall not be more than twelve dollars per week nor less than six dollars per week: Provided, That, if at the time of injury the employee receives wages of less than six dollars per week, then he shall receive the full amount of such wages per week as compensation. After the first three hundred weeks of total disability, for the remainder of the life of the employee, he shall receive fortyfive per cent of the wages received at the time of the injury, but the compensation shall not be more than nine dollars per week nor less than four dollars and fifty cents per week: Provided, That if at the time of the injury the employee receives wages of less than four dollars and fifty cents per week then he shall receive the full amount of such wages as compensation. Nothing in this subdivision shall require the payment of compensation after disability shall cease. Should partial disability be followed by total disability, the period of three hundred weeks mentioned in this subdivision of this section shall be reduced by the number of weeks during which compensation was paid for such partial disability.

(2) For disability partial in character (except the particular cases mentioned in subdivision 3 of this section), the compensation shall be sixty-six and two-thirds per cent of the difference between the wages received at the time of injury and the earning power of the employee thereafter, but such compensation shall not be more than twelve dollars per week. This compensation shall be paid during the period of such partial disability; not, however, beyond three hundred weeks after the date of the accident causing disability. Should total disability be followed by partial disability, the period of three hundred weeks mentioned in this subdivision shall be reduced by the number of weeks during which compensation was paid for such total disability.

(3) For all disability resulting from permanent injury of the following classes, the compensation shall be exclusively as follows:

For the loss of a thumb, sixty-six and two-thirds per cent of daily wages during sixty weeks.

For the loss of a first finger, commonly called index finger, sixty-six and two-thirds per cent of daily wages during thirtyfive weeks.

For the loss of a second finger, sixty-six and two-thirds per cent of daily wages during thirty weeks.

For the loss of a third finger, sixty-six and two-thirds per cent of daily wages during twenty weeks.

For the loss of a fourth finger, commonly called little finger, sixty-six and two-thirds per cent of daily wages during fifteen weeks.

The loss of the first phalange of the thumb, or of any finger, shall be considered to be equal to the loss of one-half of such thumb, or finger, and compensation shall be for one-half of the periods of time above specified, and compensation for the loss of one-half of the first phalange shall be for one-fourth of the periods of time above specified.

The loss of more than one phalange shall be considered as the loss of the entire finger or thumb: Provided, however, That in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

For the loss of a great toe, sixty-six and two-thirds per cent of daily wages during thirty weeks.

For the loss of one of the toes other than a great toe, sixtysix and two-thirds per cent of daily wages during ten weeks.

The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be for one-half of the periods of time above specified.

The loss of more than one phalange shall be considered as the loss of the entire toe.

For the loss of a hand, sixty-six and two-thirds per cent of daily wages during one hundred and fifty weeks.

For the loss of an arm, sixty-six and two-thirds per cent of daily wages during two hundred weeks.

For the loss of a foot, sixty-six and two-thirds per cent of daily wages during one hundred and twenty-five weeks.

For the loss of a leg, sixty-six and two-thirds per cent of daily wages during one hundred and seventy-five weeks.

For the loss of an eye, sixty-six and two-thirds per cent of daily wages during one hundred weeks.

For the loss of an ear, sixty-six and two-thirds per cent of daily wages during twenty-five weeks.

For the loss of the nose, sixty-six and two-thirds per cent of daily wages during fifty weeks.

The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof, shall constitute total and permanent disability, to be compensated according to the provi sions of subdivision 1 of this section.

Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm, and amputation at or above the kee shall be considered as the loss of a leg. Permanent loss of the use of a hand, arm, foot, leg or eye shall be considered as the equivalent of the loss of such hand, arm, foot, leg or eye.

In all cases involving a permanent partial loss of the use or function of any of the members mentioned in subdivision 3 of section 3662, the compensation shall bear such relation to the amounts named in said subdivision 3 of section 3662 as the disabilities bear to those produced by the injuries named therein. Should the employer and the employee be unable to agree upon the amount of compensation to be paid in cases not covered by the schedule, the amount of compensation shall be settled according to the provisions of section 3680.

Loss of use.

Compensation under this subdivision shall not be more than Range of twelve dollars per week, nor less than six dollars per week: Pro- payments. vided, That, if at the time of injury the employee receives wages of less than six dollars per week, then he shall receive the full amount of such wages per week as compensation.

Prior in

It is expressly provided that not anything contained in this section or this entire amendatory act is intended to or shall juries. operate to affect the amount or amounts recoverable for any character of injury sustained by any person or persons prior to the going into effect of this amendatory act.

[Subsection (1) of section 22 (sec. 3663) is amended by changing 50 to 663 where it occurs; also by changing ten dollars to twelve dollars and five dollars to six dollars in each instance as the measure of maximum and minimum weekly payments in case of death.

Sections 25 and 26 (secs. 3666 and 3667) are amended so as to read as follows:]

Sec. 3666. Except as hereinafter provided, all amounts of com- Payments to pensation payable under the provisions of this article shall be be periodical. payable periodically in accordance with the methods of payment

of the wages of the employee at the time of the injury or death: Provided, Fifty per cent shall be added for waiting time for all delinquent payments after 30 days' notice has been given.

Wages.

Disputes.

Agreements.

Arbitration.

Limitation.

Sec. 3667. Wherever in this article the term "wages" is used, it shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, and shall not include gratuities received from the employer or others, nor shall it include board, lodging or similar advantages received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring. In occupations involving seasonal employment or employment dependent upon the weather, the employee's weekly wages shall be taken to be one-fiftieth of the total wages which he has earned from all occupations during the year immediately preceding the accident, unless it be shown that during such year, by reason of exceptional causes, such method of computation does not ascertain fairly the earnings of the employee, in which case the period for calculation shall be extended so far as to give a basis for the fair ascertainment of his average weekly earnings, In continuous employments, if immediately prior to the accident the rate of wages was fixed by the day or hour, or by the output of the employee, his weekly wages shall be taken to be his average weekly income for the period of time ordinarily constituting his week's work, and using as the basis of calculation his earnings during as much of the preceding six months as he worked for the same employer; the calculation, furthermore, to be made with reference to average earnings for a working-day of ordinary length and exclusive of earnings from overtime.

[Section 33 (sec. 3674) is amended by adding the following to the first paragraph:]

Provided, That all disputed claims for compensation or benefits shall be first submitted to the compensation commissioner, as provided in section [39].

[Sections 36 to 43 (3677 to 3684) are amended to read as follows:]

Sec. 3677. The interested parties shall have the right to settle all matters of compensation between themselves in accordance with the provisions of this article: Provided, That a copy of such settlement shall be filed with the compensation commissioner, and no such settlement shall be binding unless in accord with the provisions of this article.

Sec. 3678. All disputed claims for compensation or for benefits under this article must be submitted to the compensation commissioner for an award. If either party at interest is dissatisfied with the award of the compensation commissioner, then the matter may be submitted to the district court of the county which would have jurisdiction of a civil action between the parties, which court shall have authority to hear and determine the cause as a suit in equity and enter final judgment therein determining all questions of law and fact in accordance with the provisions of this article, which judgment shall be final and conclusive unless reversed or modified on appeal or otherwise modified pursuant to the provisions of this act.

Sec. 3679. In case of personal injury, all claim for compensation shall be forever barred unless, within one year after the accident, the parties shall have agreed upon the compensation payable under this act, or unless within one year after the accident, one of the parties shall have filed a petition as provided in section 3680 hereof. In case of death, all claims for compensation shall be forever barred unless, within one year after the death, the parties shall have agreed upon the compensation under this act, or unless within one year after the death, one of the parties shall have filed a petition as provided in section 3680 hereof. Where, however, payments of compensation have been made in any case, said limitation shall not take effect until the expiration of one year from the time of the making of the last payment. In the event of legal disability of an injured employee, said limitation shall not take effect until the expiration of one year from the time or removal of such legal disability.

Sec. 3680. Procedure in cases of dispute shall be as follows: Either party may file with the compensation commissioner a verified petition setting forth the names and residences of the partles and the facts relating to the employment at the time of the injury, the injury in its extent and character, the amount of wages being received at the time of injury, the knowledge of or notice to the employer of the occurrence of said injury and such other facts as may be necessary for the information of the commissioner, and also stating the matter or matters in dispute and the contention of the petitioner with reference thereto.

Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within four days from the issuance of the summons. Within seven days after the return day of such summons the party upon whom the same is served shall file an answer to said petition, which shall admit or deny the substantial averments of the petition, and shall state the contention of the defendant with reference to the matters in dispute, as disclosed by the petition. The answer shall be verified in like manner as required for a petition. At the expiration of the time fixed for filing the answer the compensation commissioner shall proceed to hear all parties at interest and make such recommendations and awards as such compensation commissioner may be authorized by law to make.

In case either party refuses to accept the recommendations or awards of the compensation commissioner, either party may submit to the district court a verified petition setting forth the names and residences of the parties and the facts relating to the employment at the time of the injury, the injury in its extent and character, the amount of wages being received at the time of injury, the knowledge of or notice to the employer of the occurrence of said injury and such other facts as may be necessary for the information of the court, and also stating the matter or matters in dispute and the contention of the petitioner with reference thereto. Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within four days from the issuance of the summons. Within seven days after the return day of such summons the party upon whom the same is served shall file an answer to said petition, which shall admit or deny the substantial averments of the petition, and shall state the contention of the defendant with reference to the matters in dispute, as disclosed by the petition. The answer shall be verified in like manner as required for a petition. At the expiration of the time fixed for filing answer the court shall proceed to hear and determine the cause without delay and shall render judgment thereon according to the form of law. Any appeal from such judgment shall be prosecuted in accordance with the general laws of the State regulating appeals and actions at law except that such appeal shall be perfected within thirty days from the entry of the judgment and the cause shall be advanced for hearing in the supreme court so as to bring said cause on for argument before such court within sixty days from the filing of the appeal and said supreme court shall render its judgment and opinion in such cases within thirty days after submission.

Procedure.

Sec. 3681. The amounts of compensation payable periodically Lump sums. under the law, by agreement of the parties with the approval of the compensation commissioner, may be commuted to one or more lump-sum payments, except compensation due for death and permanent disability, which may be commuted only upon the order or decision of the district court: Provided, That where commutation is agreed upon, or ordered by the court, the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, capitalized at their present value upon the basis of interest calculated at five per cent per annum with annual rests. Upon paying such amount the employer shall be discharged from all further liability on account