Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04

board shall have the power to include
pliance with any such order, not ex-
ceedlng twenty five per cent of each
amount which shall not have been
! paid as directed thereby.
| Section 2394-18. Either party may
present a certified copy of the award
to the circuit court for any county,
| Whereupon said court shall, without
notice, render Judgment in accord.
ance herewith; which judgment, until
| and unless set aside as hereinafter
provided, shall have the same effect as
duly tried and ,determined by said
entered and docketed.
faet mode by the board Ths aot ngn Wgn
fraud, be conclusive; and the award,
thereupon or not, shall be subject to
review only in the manner and upon
the grounds following: Within twenty
days from the date of the award, any
party aggrieved thereby may commence,
in the circuit court for Dane county,
an action against the board for the
review Of such award, in which action
the adverse party shall also be made
defendant. In such action a complaint,
which shall state the grounds upon
which a review is sought shall be
on the secretary of the board, or any
member of the board, shall be deemed
completed service The board shall
serve its answer within twenty days
after the service of the complaint, and
within the like time, such adverse
party shall, if he so desires. serve his
answer to said complain. With it's
answer, the board shall make return
to said court of all documents and
papers on file in the matter and of all
testimony which may have been taken
therein, and of it's findings and award.
Said action may thereupon be brought
on for hearing before said court upon
such record by either party on ten
days notice to the other; subject, how
ever, to the provisions of law for
change of the place Of trial or the
calling in of another judge. Upon
such hearing, the court may confirm
or set aside such award; and any judg-
Lent which may heretofore have been
rendered thereon; but the same shall
be set aside only upon the following
l. That the board acted without or
in excess of its powers.
2. That the award was procured by
fraud
8. That the findings, of fact by the
Section 2394-2O. Upon the setting
commit the controversy and remand
the record in the case to the board,
for further hearing or proceedings; or
it may enter the proper Judgment up
the Judgment entered by the trial
court upon the review of any award
upon the docket entry of any judg
ment which may heretofore have
been rendered upon such award and
thereupdn be obtained for like entry
upon the dockets of the courts of other
counties.
ed upon the review Of any award, may
appeal therefrom within the time
and in the manner provided for an
appeal from the orders of the cir,
be placed on the calendar of the su
preme court and brought to hearing
in the same manner as state causes
section 2S94M22. No fees shall be
charged by the clerk of any court for
the performance, OF any ofIcIai sefTo
docketing of judgments and for cert-
fed copies of transcripts thereof In
proceedings to review an award, costs
as between the parties shall be allowed
or not in the discretion of the court,
| but no costs shall be taxed against
said board. In any action for the re-
peal therein tothe supreme court, it
shall be the duty Of the attorney
| general personally, or by an assist
ant to appear on behalf Of the board,
shall have appeared or be represented
| in the action or not. Unless previously
| authorized by the board, no lien shall
be allowed, nor any contract be en-
| forceable, for any contingent attor-
ney's fee for the enforcement or col
! lection of any claim for compensation
! where such contingent fee, inclusive
| of all taxable attorneys fees paid or
| agreed to be paid for the enforcement
| or collection of such claim, exceeds
| ten per cent of the amount at Whlch
of the amount awarded, adjudged, or
! collected.
Section 2394-23. No claim for com
pensation under this act shall be as
vision shall not affect the survival
| thereof; nor shall any claim for com
pensation, or compensation AWARDED
adjudged, or paid, be subject to pc
| tai ken for the debts of the party EMIT
| led thereto.
| Section 2394-24. The whole claim for
any employee OF any. award or Judgment
| thereon, shall be entitled to a preference
over the unsecured debts of the employer
| hereafter contracted, but this section
shall not impair the lien OF any Judg-
ment entered upon any award. low
Section 2394-25-The making Of law
full claim against an employer for com
pensation under this act for the injury or
death of his employee shall operate as
an assignment of any cause of action IN
tort which the employee or his personal
other party for such injury or death; and
such employer may enforce in his own
name the liability of such other party.
Section 2394-26. Nothing in this act
shall affect the organization of any mu-
tual or other insurance company, or any
existing contract for insurance. Of en- EN-
pioyers' liability, nor the right Of the
employer to insure in mutual or other
companies, in whole or in part. against
such liability or against the liability for
the compensation provided for by this
act, or to provide by mutual or other IN
surance, or by arrangement with his en-
ployees, or otherwise, for the payment
to such employees, their. families, de-
pendents. or Representatives, of sick,
accident or death benefits in addition to
the compensation provided for by this
act But liability for compensation under
this act shall not be reduced or aHected
by any insurance contribution, or other
benefit whatsoever, due to or received by
the person entitled to such compensa-
ton, and the person so entitled shall,
Irrespective of any insurance or other
contract have the right to. recover the
same directly from the. employer. and in
addition thereto the right to enforce in
his own name, in the manner provided
in this act, the liability of any, insur-
ance company which may. in whole or in IN
part, have insured the liability for such
COMPENSATION: provided, however, that
payment in whole or in part Of such COM
pensation by either the employer or the
insurance company shall, to the extent
thereof be q bar to recovery against the
other Of the amount so paid, and pro-