Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

Its answer, the commission Snal
make return to said court Of all docu-
snents and papers on file in the matter,
and of all testimony which may have
been taken therein and of its order. find
ings and award: Such return of the board
when filed In the office Of the clerk Of
the circuit court shall, with the papers
mentioned in section 2398 of the statutes,
constitute Judgment roll in such action;
and 1t shall not be necessary to settle q
bill of exceptions in order to make such
return part Of the record Of such court in
such action 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,
change Of the place of trial or the calling
in of another Judge Upon such hearing,
the court may confirm or set aside such
order or award and any judgment which
may heretofore have been rendered
thereon; but the same shall be set aside
only upon the following grounds:
Cd That the commission
acted without or in excess of it's powers.
(2) THAI the order or award was pro-
(3) That the findings Of fact by the
commission on dq. pot support the
order Or award. 'Hff}k%
der section 1894 lie to setfaside or modi-
fy any order or award of the commission
must be brought to trial within thirty
days after issue shall be Joined, unless
continued on OrO6T Oh the COuIt loL 5ooo
cause shown. No continuance shall be for
longer than thirty days at one time, and
further continuance may be mad only
upon order Of the court for cause.
3. Upon the trial OF any such action
the court shall disregard any irregularlty
or error of the commission unless 1t be
made to affirmatively appear that the
plaintiff was damaged thereby.
A. The record in any case shall be
transmitted to the commission within
twenty days after the order or Judgment
of the court, unless appeal shall be taken
from such order or judgment.
Section 2394-20 Upon the setting aside
of any order or award the court may re-
commit the controversy and remand the
record in the case to the COM
mission, for further hearing or proceed
ings; it may enter the proper Judg-
ment upon the findings, as the nature OF
the case shall demand An abstract of the
Judgment entered by the trial court upon
the review of any order or award shall be
made by the clerk thereof upon the dock
ct entry of any judgment which may
heretofore have been rendered upon such
order or award, and transcripts of such
abstract may thereupon be obtained for
like entry upon the dockets of the courts
of other counties.
Section 2394-21. Said COM
mission, or any party aggrieved by q
Judgment entered upon the review OF any
order or award, may appeal thereIrom
within the time and in the manner pro-
the circuit court, except that it shall not
be necessary for said commission or any
party to said action to execute, serve or
file the undertaking required by section
1852 of the statutes in order to perfect
such appeal; but all such appeals shall be
placed on the calendar Of the supreme
court ard brought to a hearing In the
same manner as state causes on such CAL
endar
Section 2394-22 No fees shall be
charged by the clerk of any court for the
performance Of any official service re-
duired by sections 2394-3 to
2394-31, inclusive, except for the docket
ing of judgments and for certified copies
of transcripts thereof. In proceedings to
review an order or award, costs as be-
tween the parties shall be allowed or not
in the discretion of the court, but no costs
shall be taxed against said
commission. In any action for the review
of an order or award and upon any ap-
peal therein to the supreme court, it shall
be the duty of the attorney general, per-
sonally, or by an assistant to appear on
whether any other party defendant shall
have appeared or be represented in the
action or not. Unless previously author
lied by the commission, no lien
shall be allowed, nor any contract be en-
forceable, for any contingent attorney $
fee for the enforcement or collection of
any claim for compensation where such
contingent fee, inclusive Of all taxable
dllOTU6y lees paul VI dSISSu " NC pdIO
for the enforcement or collection Of such
claim, exceeds ten per cent of the amount
at which such claim shall be compro-
missed, or of the amount awarded, adj
judged or collected.
Section 2394-23. No claim for COM
pensation under sections 2394-3
to 2394-31, inclusive, shall be assignable
before payment but this provision shall
not affect the survival thereof; nor shall
any claim for compensation, or compen-
sation awarded, adjudged or paid, be sub
ject to be taken for the debts of the party
entitled thereto.
Section 2394-24. /. The whole claim
for compensation for the injury or death
of any employee or any award or judg-
ment thereon, shall be entitled to a pre-
ference over the unsecured debts of the
employer hereafter contracted. but this
section shall not impair the lien OF any
judgment entered upon any award.
2. An employer liable under this act
to pay compensation shall insure payment
of such compensation in some company
authorized to insure such liability In this
state unless such employer shall be ex-
empted from such insurance by the in
dustrial commission An employer desir-
ing to be exempt from insuring his La
bility for compensation shall make appli-
cation to the industrial commission
showing his financial ability to pay such
compensation, whereupon the commission
by written order may make such eXemp-
ton. The commission may from time tC
time require further statement of financial
ability of such employer to pay compen-
sation and may upon ten days notice in
writing, revoke its order granting such
exemption. in which case such employer
shall Immediately insure his liability.
8. An employer who shall fail to com
pIy with the provisions of subsection
of section 2394-24 shall be guilty of g
misdemeanor and upon conviction thereof
shall forfeit twenty-five dollars for each
offense. Each days failure shall be 6
separate offense. Upon complaint of the
commission, such forfeitures may be col
lected by the state in an action in debt.
Section 2394-25 1. The making of 6
lawful claim against an employer fol
compensation under sections 2394-;
to 2394-31, inclusive, for the in
jury or death of his employee shall oper'
ate as an assignment of any cause of &C.
ton in tort which the employee or his
personal representative may have against
any other party for such injury or death
and such employer may enforce in his
own name the liability Of such Other
party
2. The making of claim by an EN-.
ployee against q third party for damages
by reason of an accident covered by sec.
tons 2394-3 to v2394-31, inclusive, shall
operate as a waiver of any claim fol
compensation against the employer.
Section 2394-26 Nothing in section:
2394-3 to 2394-31, inclusive