What demands forbidden,

SEC. 47. It shall be unlawful for any employer to directly or indirectly demand or collect from any of his workmen any sum of money whatsoever for or on account of medical, surgical, hospital, or other treatment or transportation of injured workmen other than as specified in sections 34 and 45, and any employer who shall directly or indirectly violate the foregoing provisions of this section shall be liable to the State in civil action for the benefit of the medical aid fund in ten times the amount so demanded or collected, and such employer and every officer, agent, or servant of such employer knowingly participating therein shall also be guilty of a misdemeanor.

WISCONSIN.

ACTS OF 1917.

CHAPTER 624.-Liability of employers for injurics-Workmen's compensation.

[This act amends chapter 599, acts of 1913, codified as sections 2394-1 to 2394-31 of the Wisconsin Statutes. The act is as follows:]

SECTION 1. Sections 2394-1 to 2394-31, inclusive, are codified Defenses and amended to read: abolished, SEc. 2394-1. 1. In any action to recover damages for a personal when. injury sustained within this State by an employee while engaged in the line of his duty as such, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of any officer, agent, or servant of the employer, it shall not be a defense:

(1) That the employee either expressly or impliedly assumed the risk of the hazard complained of.

(2) When such employer has at the time of the accident in a common employment three or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of a fellow servant.

(3) When such employer has at the time of the accident, in a common employment three or more employees, that the injury or death was caused in whole or in part by the want of ordinary care of the injured employee where such want of ordinary care was not willful.

2. Any employer who has elected to pay compensation as hereinafter provided shall not be subject to the provisions of this section 2394-1.

3. Subdivisions (1), (2), and (3) of subsection 1 of section 2394-1 of the statutes shall not apply to farm labor.

Who exempt.

SEC. 2394-2. No contract, rule, or regulation shall exempt the employer from any of the provisions of section 2394–1.

Waivers.

when.

payable,

SEC. 2394-3. Liability for the compensation hereinafter pro- Compensavided for, in lieu of any other liability whatsoever, shall exist tion against an employer for any personal injury accidentally sustained by his employee, and for his death, in those cases where the following conditions of compensation concur:

(1) Where, at the time of the accident, both the employer and employee are subject to the provisions of sections 2394-3 to 2394-31, inclusive.

(2) Where, at the time of the accident, the employee is performing service growing out of and incidental to his employment, Every employee going to and from his employment in the ordinary and usual way, while on the premises of his employer, shall be deemed to be performing service growing out of and incidental to his employment.

(3) Where the injury is proximately caused by accident, and is not intentionally self-inflicted.

And where such conditions of compensation exist for any per- Remedy exsonal injury or death, the right to the recovery of such com- clusive. pensation pursuant to the provisions of sections 2394-3 to 239431, inclusive, and acts amendatory thereof, shall be the exclusive remedy against the employer for such injury or death; in all other cases, the Itability of the employer shall be the same as if 433

45615°-Bull. 243-18-28

Who are em ployees.

Public employment.

this and the succeeding sections of sections 2394-3 to 2394-31, inclusive, had not been passed, but shall be subject to the provisions of sections 2394-1 and 2394-2.

SEC. 2394-4. The following shall constitute employers subject to the provisions of sections 2394–3 to 2394–31, inclusive, within the meaning of section 2394-3:

(1) The State, and each county, city, town, village, and school district therein..

(2) Every person, firm, and private corporation (including any public-service corporation), who has any person in service under any contract of hire, express or implied, oral or written, and who, at or prior to the time of the accident to the employee for which compensation under sections 2394-3 to 2394-31, inclusive, may be claimed, shall, in the manner provided in section 2394-5, have elected to become subject to the provisions of sections 2394-3 to 2394-31, inclusive, and who shall not, prior to such accident, have effected a withdrawal of such election, in the manner provided in subsection 1 of section 2394-5.

SEC. 2394-5. 1. Such election on the part of the employer shall be made by filing with the industrial commission, a written statement to the effect that he accepts the provisions of sections 2394-3 to 2394-31, inclusive, the filing of which statement shall operate, within the meaning of section 2394-4, to subject such employer to the provisions of sections 2394-3 to 2394-31, inclusive, for the term of one year from the date of filing such statement and until the first day of July following, and thereafter, without further act on his part, for successive terms of one year each, beginning July first of each year, unless such employer shall, at least thirty days prior to the first day of July of any year, file in the office of said commission a notice in writing to the effect that he desires to withdraw his election to be subject to the provisions of sections 2394-3 to 2394-31, inclusive. 2. If an employer shall at any time after August 31, 1917, have three or more employees in a common employment, he shall be deemed to have elected to accept the provisions of sections 2394-3 to 2394-31, inclusive, unless prior to that date such employer shall have filed with the industrial commission a notice in writing to the effect that he elects not to accept the provisions hereof: Provided, That any employer commencing business subsequent to August 31, 1917, may make his election not to become subject to sections 2394-3 to 2394-31, inclusive, at any time prior to becoming an employer of three or more employees in a common employment. Such employer may withdraw from the provisions of sections 2394-3 to 2394-31, inclusive, in the manner provided in subsection 1 of section 2394-5. The provisions of this subsection shall not apply to farmers or to farm labor.

SEC. 2394-6. An employer subject to the provisions of sections 2391-3 to 2394-31, inclusive, shall be liable for compensation to an employee of a contractor or subcontractor under him who is not subject to sections 2394-3 to 2394-31, inclusive, or who has not complied with the conditions of subsection 2 of section 2394–24 in any case where such employer would have been liable for compensation if such employee had been working directly for such employer. The contractor or subcontractor shall also be liable for such compensation, but the employee shall not recover compensation for the same injury from more than one party. The employer who shall become liable for and pay such compensation may recover the same from such contractor or subcontractor for whom the employee was working at the time of the accident. Section £394-6 shall be in force as to all contracts made subsequent to August 13 [31], 1913.

SEC. 2394-7. The term "employee" as used in sections 2394-1 to 2394-31, inclusive, shall be construed to mean:

(1) Every person in the service of the State, or of any county, city, town, village, or school district therein under any appointment, or contract of hire, express or implied, oral or written, ex

cept any official of the State, or of any county, city, town, village, or school district therein. No officer of the State who is subject to the direction and control of any superior officer or officers of the State, and no officer of any county, city, town, village, or school district in the State, who is subject to the direction and control of a superior officer or officers of such county, city, town, village or school district, while engaged in the performance of duties for which no remuneration is received from any other source than the State, or from such county, city, town, village, or school district, shall for the purposes of sections 2394-3 to 2391-31, inclusive, be deemed an official. The State and any county or municipality may require a bond from a contractor to protect the State, county or municipality against compensation to employees of such contractor or employees of a subcontractor under him.

(2) Policemen and firemen shall be deemed employees within the meaning of subdivision (1) of section 2394-7: Provided, That' any policeman or fireman claiming compensation under sections 2394-3 to 2394-31, inclusive, shall have deducted from such compensation any sum which such policeman or fireman may receive from any pension or other benefit fund to which the municipality may contribute.

(3) Nothing herein contained shall be construed to prevent municipalities from paying policemen, firemen and other employees full salaries during disability, nor to interfere in any manner with any pension funds now or hereafter established, nor to prevent payment to policemen or firemen therefrom.

Policemen

and firemen.

Same.

Private em

(4) Every person in the service of another under any contract of hire, express or implied, oral or written, including aliens, all ployment. helpers and assistants of employees, whether paid by the employers or employee, if employed with the knowledge, actual or constructive, of the employer, and also including minors of permit age or over (who, for the purposes of section 2394-8, shall be considered the same and shall have the same power of contracting as adult employees), but not including any person whose employment is not in the usual course of the trade, business, profession, or occupation of his employer.

ered.

SEC. 2394-8. Any employee, except policemen and firemen, as de- Public e mfined in subdivision (1) of section 2394-7 shall be subject to the Ployees cov. provisions of sections 2394-3 to 2394-31, inclusive. Policemen and firemen and any employee as defined in subdivision (4) of section Private 2394-7 shall be deemed to have accepted and shall, within the ployees. meaning of section 2394-3, be subject to the provisions of sections 2394-3 to 2394-31, inclusive, if, at the time of the accident upon which liability is claimed:

(1) The employer charged with such liability is subject to the provisions of sections 2394-3 to 2304-31, inclusive, whether the employee has actual notice thereof or not; and

(2) Such employee shall not have given to his employer notice in writing that he elects not to be subject to the provisions of sections 2394-3 to 2394-31, inclusive. The employer shall immediately file with the industrial commission a copy of any such notice received.

(3) Any employee who has heretofore given or may hereafter give notice to his employer that he elects not to be subject to the provisions of sections 2394-3 to 2394-31, inclusive, may elect to become subject to the provisions of sections 2394-3 to 2394-31, inclusive, by giving to his employer notice in writing. The employer shall immediately file with the industrial commission a copy of any such notice received.

(4) The provisions of sections 2394-3 to 2394-31, inclusive, shall not apply to employees operating, running or riding upon, or switching freight or other trains, engines or cars for a railroad company operating a steam railroad as a common carrier, unless both employer and employee shall specifically, in writing, have voluntarily accepted the provisions of said sections, and have filed notice thereof with the industrial commission, and shall not apply to employees of such common carriers injured or killed

Railroads

em

Compensa

tion.

Medical, etc.,

aid.

Waiting

time.

Total disability.

Partial ability.

dis

Maximum

benefits.

Permanent

while the common carrier and the employee are engaged in interstate commerce.

SEC. 2394-9. Where liability for compensation under sections 2394-3 to 2394-31, inclusive, exists, the same shall be as provided in the following schedule:

(1) Such medical, surgical and hospital treatment, medicines, medical and surgical supplies, crutches, and apparatus, as may be reasonably required for ninety days immediately following the accident, to cure and relieve from the effects of the injury, and for such additional period of time as in the judgment of the commission will tend to lessen the period of compensation disability, and, in addition thereto, such artificial members as may be reasonably necessary at the end of the healing period, the same to be provided by the employer; and in case of his neglect or refusal seasonably to do so, the employer to be liable for the reasonable expense incurred by or in behalf of the employee in providing the same. Where the employer has knowledge of the injury and the necessity for treatment, his failure to tender the same shall constitute such neglect or refusal. Artificial members furnished at the end of the healing period need not be duplicated. (2) If the accident causes disability, an indemnity which shall be payable as wages on the eighth day after the injured employee leaves work as the result of the injury, and weekly thereafter, which weekly indemnity shall be as follows:

(a) If the accident causes total disability, sixty-five per cent of the average weekly earnings during the period of such total disability.

(b) If the accident causes partial disability, sixty-five per cent of the weekly loss in wages during the period of such partial disability.

(c) If the disability caused by the accident is at times total and at times partial, the weekly indemnity during the periods of each such total or partial disability shall be in accordance with said subdivisions (a) and (b), respectively.

(d) Said subdivisions (a), (b) and (c) shall be subject to the following limitations:

In case of temporary or partial disability aggregate indemnity for injury to an employee caused by a single accident shall not exceed four times the average annual earnings of such employee, except a larger recovery results under the provisions of subsection 5 of this section. In case of permanent total disability aggregate indemnity for injury to an employee caused by a single accident shall be weekly indemnity for the period that he may live, not to exceed, however, these named limitations, to wit:

Fifteen years for all persons under thirty-two years of age; For each successive yearly group, beginning with thirty-two years, the maximum limitation shall be reduced by three months, until a minimum limit of nine years shall be reached.

No lump-sum settlement shall be allowed in any case of permanent total disability upon an estimated life expectancy, except upon consent of all parties, after hearing and finding by the commission that the interests of the injured employee will be conserved thereby.

Total blindness of both eyes, or the loss of both arms at or near total disability, the shoulder, or of both legs at or near the hip, or of one arm at the shoulder and one leg at the hip, shall constitute permanent total disability. This enumeration shall not be exclusive but in other cases the commission shall find the facts.

Pay for first week.

The aggregate disability period shall not, in any event, extend beyond fifteen years from the date of the accident.

The weekly indemnity due on the eighth day after the employee leaves work as the result of the injury may be withheld until the twenty-ninth day after he so leaves work; if recovery from the disability shall then have occurred, such first weekly indemnity shall not be recoverable; if the disability still continues, it shall be added to the weekly indemnity due on said twenty-ninth day and be paid therewith.