The Bridgeport evening farmer., 1911-02-02


manual labor is exercised by way of
trade or for purposes of gain in or
incidental to a process of making,
altering, repairing, ornamenting, fin
fishing or adapting for sale any ar
ticle or part Of an article, and to
place the employer Of the persons
working therein has the right Of &C
cess or control; but the exercise of
such manual labor in a private house
or private room by the family dwell
ing therein Or by any Of them, or if
a majority of the persons therein en-
ployed are members of such family.
shall not of itself constitute such
house or room workshop within this
definition.
Employer shall include any mum
Der of individuals, firms, or corpora
tions, or their successors, and the le-
gal representatives of deceased en-
ployers.
employees shall mean every per-
son who is engaged in an employment
to which this act applies, whether en-
gagged in manuel labor or otherwise
is expressed or implied, oral or writ
ing. Any reference to an employee
who has been injured shall. when the
employee is dead, also include his le-
gal representative, dependents, and
other persons to whom compensation
may be payable.
depend ents' shall mean such
members of the employees family Or
next Of kin as were entirely or part
ly dependent upon the earnings of
the employee at the time OF his death.
Section IL. The amount of COM
pensation shall be in case death re-
suits from injury:
(a.) If the workman leaves a
widow or next of kin at the time of
his death wholly dependent on his
earnings, a sum equal to two thous-
and times the daily earnings OF such
workman at the rate at which he
was being paid by such employer at
the time of the injury subject as here
matter provided and in no event
more than five thousand dollars. Any
ticle shall be deducted in ascertain
ing such amount.
(b.) If such widow or next Of kin
at the time of his death are in part
only dependent upon his earnings,
such proportionate sum not exceed
ing that provided in subdivision as
may be ermined-according to the
injury to such dependents.
(c.) If he leaves no dependents.
the reasonable expense of his medl-
cal attendance and burial, not ex-
ceeding five hundred dollars.
Whatever sum may be determined
to be payable under this article in
case of death of the injured workman
shall be paid to his legal representa-
tive for the benefit Of such depen-
DENTS or If he leaves no such depen-
dents. for the benefit of the persons
to whom the expenses OF medical at
tendance and burial are due.
Section IS. Where total or partial
incapacity for work at any gainful
employment results to the workman
from the injury, a weekly payment
commencing at the end Of the second
s,f% ~ TIT rfr,cr
during such incapacity, subject as
herein provided, equal to fifty per
centum of his average weekly earn
ings when at work on full time dur
ing the preceding year during which
he shall have been in the employ
than a year, then weekly payment
of not exceeding three times the av-
erage daily earnings on full time for
such less period, In fixing the am
cunt of the weekly payment, regard
shall be had to the difference between
the amount Of the average earnings
of the workman before the accident
and the average amount he is able to
earn thereafter as wages in the same
employment or otherwise. In fixing
the amount Of the weekly payment,
regard shall be had to any payment.
man may have received from the en-
ployer during the period of his inca
pacity, and in the case of partial i'm
capacity the weekly payment shall
in no case exceed the difference be-
weekly earningsA Of the workman be-
fore the accident and the average
weekly amount which he is earning
or is able to earn in the same en-
ployment or otherwise after the ac-
cident. but shall amount to one-half
any compensation paid under this ar
ticle exceed the damage suffered, nor
shall any weekly payment payable
under this article in any event ex-
coed ten dollars a week or extend
over more than eight years from the
date of the accident.
Section Il. In fixing the amount
Of the weekly payment regard shall
be had to the difference between the
amount of the average weekly earn
ing of the employee before the acct
he is able to earn after the accident,
and to any payment, other than wa
ges which he may receive from the
employer on account of his injury
during the period of his incapacity.
Section Is. After an employee has
given his employer a notice of an in
jury. as provided under this act, he
shall If so requested by his employer,
submit himself for examination to a
physician or surgeon authorized to
practice medicine under the laws of
the Commonwealth. furnished and
paid by the employer. If he refuses
to submit himself to such examina-
ton, or. in any way obstructs the
same, his right to compensation, or
and any proceedings under this act in
relation to compensation, shall be sus-
pended, and his compensation during
such period Of suspension may be for
feited until such examination takes
place.
Section 16. The sum payable un-
der this act in case of the death of
the injured employee shall be paid to
his legal representative, or If he has
no legal representative, to his depen-
dents. or, If he leave no dependents.
to the persons to whom the expenses
for the burial and last sickness are
due. II the payment is made to the
legal representative Of the deceased
employee. it shall be paid by him to
the dependents or other persons en-
titled thereto under this act.
Section II. Any question that may
arise under this act as to who are de-
pendents for their support, or as to
whether there are any dependents or
as to whether there are any depen-
dents. who are wholly or partly depen-
dent, or as to the amount payable to
each dependent, shall, in the absence
of agreement by the parties, be de-
termined by arbitration as provided
in this act; provided, that no savings
or assurances Of an injured employee
of this act shall be taken
compensation to be paid hereunder.
Section Is. No payment made UNI
der this act shall be assignahle or
subject to attachment or be liable in |