Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1911-04-15

for shall be Is per cent of his
average weeking earnings, the
amount of such earnings to be COM
puted in the same manner as the
foregoing 60 per cent; provided,
that in no case shall all the pay
ments received herein exceed in
any month the whole wages earned
when the injury occurs, nor shall
the added percentage continue any
longer than to make all payments
aggregate three thousands dollars.
Sec. Z. Any workman entitled
to receive weekly payments under
this act is required, if requested
by the employer, to submit himself
for examination by a duly qualified
medical practitioner or surgeon pro-
vided and paid for by the en-
ployer at time and place reason
ably convenient for the workman.
within three weeks after the injury,
and thereafter at intervals not often
er than once in six weeks. A
copy of the report of the examining
physician shall be furnished to the
workman. If dispute then ex-
lists as to the workmans condition
or amount of weekly compensation
such dispute shall be determined by
arbitration under this act or by
judicial procedure as hereinafter pro-
vided; provided, also, that any and
all disputes arising under this act
may be first submitted to a board
of arbitration, and in case of fail
ure to settle it, resort may be had
to courts of justice.
Sec. s. Arbitration proceedings
shall be as follows: The employer
and the workman may each choose
one arbitrator, the two arbitrator
thus chosen shall choose a third
and the three arbitrator shall hear
the facts of the dispute within three
months after having been chosen
and within two weeks thereafter
render a decision, which, if unani-
nous. shall be final and binding
on both parties.
Sec. g. On failure of the board
of arbitration to reach an adjust
ment of the dispute above referred
to, either party may apply to a
court of competent jurisdiction, and
have an adjudication as in any other
controversy. And the findings and
Judgment of the court shall be
conclusive on all parties concerned
Said courts may compel the attend
ance of witnesses and the produc
ton of evidence, as in all othel
cases provided for by law and thu
| Judgment of said court may continu,
and diminish or increase the week
i ly payments, subject to the maxi
mum provided in this act. The pre-
vailing party in any action, brough
under the provisions of this act
shall be entitled to his costs of sui
and reasonable attorneys fees; pro
vided, that nothing in this act shal
operate to defeat the constitutions
right of appeal,
Sec, 10. If any employer VIII
shall be the principal, enters int
contract with an independent col
tractor to do part of such en-
ployer's work. or if such contracto
enters into a contract with a sui
contractor to do all or any part {
the work comprised in such cor
, tractors contract with the employees
the said principal shall be liable
| pay to any workman employed
the execution of the work any
pensation under this act, which b
would have been liable to pay
, that workman had been immediate
t ly employed by him; and whel
compensation is claimed from tt
s principal, then reference to the pril
+ cipal shall be substituted for refe
ence TO the employer, except Il
amount of compensation shall
r calculated with reference to tt
o earnings of the workman under Il
o contractor or employer by who
q he is Immediately employed. Whel
f such principal is liable to pay cor
n pensation he shall be entitled
e be Unidentified by any person WI
O would have been liable to pay cor
: pensation to the workman indepen
emily of this section. Nothing
: this section shall be construed
Il preventing workman from recove
V ing compensation under this az
from the contractor or subcontraC
g or, instead of the principal; n
n shall this section apply in any ca
# where the accident shall occur els
n where than ON or in or about t
+ premises on which the principal h
n undertaken to execute the work
n which are otherwise under his co
h troll or management.
If Sec H. Nothing in this act co
e tanned shall be held or deemed
1T require any workman or his pc