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

1916 as amended, said section 1915 and
2mendatory acts being continued in
force unaffected, except as aforesaid,
by the preceding sections Of this act,
section 2394-4. Liability for the
IN lieu of any other liability whatso-
ever shall exist against an employer
Tor any personal injury accidentally
sustained by his employee, and for his
death, il the injury shall proximately
cause death, in those cases where the
following conditions of compensation
concur:
/. Where, at the time Of the acct
dent, both the employer and employee
are subject to the provisions of this
act according to the succeeding sec
| tons hereof
2. Where. at the time of the acct
DENT, the employee is performing serv-
ice growing out of and incidental to
his employment.
8. Where the injury is proximately
caused by accident, and is not SO
| caused by willful misconduct.
And where such conditions Of com
penSatlon exist for any personal in
| jury or death, the right to the re-
coVery OF such compensation pursuant
to the provisions of this act, and acts
| amcndatory thereof, shall be the ex
elusive remedy against the employer
for such injury or death; in all other
| cases the liability of the employer shall
be the same as ii this and the succeed
Ing sections of this act had not been
passed, but shall be subject to the
provisions of the preceding sections
| of this act.
Section 2394-5. The following shall
constitute employers subject to the
| provisions of this act within the mean
ing OF the preceding section:
1. The state, and each county, city,
town, Village, and school district
therein.
2. Every person, firm, and private
| corporation Qncluding any public SER
vice 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
compensation under this act may be
claimed, shall in the manner provided
IN the next section, have elected to be-
come subject to the provisions Of this
act, and who shall not, prior to such
accident, have effected withdrawal of
such election i'll the manner provided
in the next section.
Section 2394-6. Such election on
the part OF the employer shall be made
by fling with the industrial accident
board, hereinafter provided for,
ho ACCEPTS the provisions of this net,
tho filing OF which statement shall
operate, within the meaning Of section
2394I5 of this act. to subject suca
employer to the provisions OF this act
ana all acts amendatory thereof for
the term of one year from the date
Of the. fling Of such statement. and
| thereafter, without further act on his
part, for successive terms of one year
each, unless such employer shall, at
least sixty days prior to the expira-
year file in the office of said board q
notice in writing to the effect that he
desires to Withdraw his election to be
subject to the provisions Of the act.
ployoe' as used in section 2394-4 Of
| this act shall be construed to mean:
l. Every person in the service Of
the state, or of any county, city, town,
VilIasrC. school district fharfin
der any appointment or contract of
hire express, or implied, oral or writ
of, any county. city, town, village, or
school district therein, provided that
one, employed by a contractor, who
has contracted with, a. county, city,
state, through its representatives,
shall not be considered an employee Of
the state, county, city, town, village,
or school district which made the con-
tract.
q. Every person in the service of
another under any. contract of hire,
express, or implied, oral or written,
minors who are legally permitted to
work under the laws Of the state,
(Who, for the purposes of the next
section of this act, shall be considered
the same and shall have the same
power Of contracting as adult en-
ployccs), but not including any per-
son whose employment is but casual
or Is not IN the usual course Of the
| trade, business, profession, or occupa-
ton Of his employer.
Section 2394-S. Any employee as
ms section shall be subject to the pro-
visions of this act and of any act
amendatory thereof An employee as
section shall be deemed to have &C
cepted and shall within the meaning
of section 2394-4 Of this act, be sub
ject to the provisions Of this act and
n "a n ~. ut
the time Of the accident upon which
liability is claimed.
|: The employer charged with such
of this act, whether the employee has
actual notice thereof or not; and
2. Such employee shall not, at tho
time of entering into his contract of
of hire, express or implied with such en-
ployer, have given to his employer
notice in writing, that he. elects not
to DO subject to the provisions of this
tract OF hire was made i'll advance of
such employer becoming subject to the
provisions Of the. act, such employee
ice in writing that he elects to be
subject to such provisions, or with
out giving either of such notices, shall
have remained in the service Of such
employer for thirty days after the en-
plOyer has filed with said board an
election to be subject to the terms
Section 23o4-9. Where liability for
compensation under this act exists,
the same shall be as provided in the
following schedule:
1. Such medical and sure a
treatment, medicines, medical and sur
gical supplies, crutches, and appara-
tus, as may be reasonably required at
the time of the injury and thereafter
during the disability, but not exceeding
ninety days, to cure and relieve from
the effects Of the injury, 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
on behalf Of the employee in providing
the same.
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 there
after, which weekly indemnity shall be
as follows:
(a). If the accident causes total dis
ability, sfxty-five per cent Of the aver
age weekly earnings during the per-
iod Of SUCH total disability; provided
that, if the disability is such as not
only to render the injured employee
entirely incapable of work but also
so helpless as to require the assistance
of a nurse, the weekly indemnity dur
ing the period Of such assistance after
the first ninety days shall be increased
to one hundred per cent of the aver
age weekly earnings.
- If the accident causes partial