The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-05-02

lpea4,dsnts i1,5ease may e
pIoyer for compensafion under Q Part 2 q
If the employe in case. 81 injury, or lis
dependents In case of DEATH shall bring an
nrT Of against
amount thereof. manner in which and the per.
sons to- whom: the same are payable. shall
not otherwise; provided that i'll no case shall:
such party be liable to any person other than
groWng M nor fro
| If the employe or his dependents shall
reject to- receive Compensation from the, em-
ployer, then the latter SHALL be subrogated to;
the right OF the employe or his defendants y
bring legal proceedings against such. party
and recover the aggregate amount of COM
or his dependents hereunder, together with the
costs and disbursements of, such action and
reasonable attorneys fees expended by him
~ Third Party not Under Part 2:-That
where the injury Or death for which COM
was caused under circumstances also creating
legal liability for damages the part of
any party other than the employer, such party
not being subject to the provisions of Part
II OF this act, legal proceedings may be taken
oy the employe or dependents against such
ing the payment by the employer. or his la
ollity to pay compensation hereunder. But
is Brought b the OF n
case OF his death by his dependents, and judg-
With sne o aRa paid or fer tS
without suit, the employer shall be entitled
to deduct from the COMPENSATION payable by
employe or dependents; provided that If the
injured employee or In case Of his death his
the employee Or shall H'f INSTITUTE
employer any payment '' on account Of SUCH s
1 nnrcn ton cv1oh ,oov1x c,o1J No
rogated to all the rights Of such employee or
dependents and may, maintain, or in case an
tinue the action either in the. name of the
employe or dependents, or in his own name
against such other party for the recovery Of
pay over to the injured employe or dependents
all sums collected from such other party by
Judgment otherwise in excess of the amount
Of such compensation payable by the employer
| under Part Of this act, and costs. attorney 8
fees, and reasonable expenses inquired by
enforcing such liability; provided that in no
case shall such party be liable to any person
any damages growing out of or resulting from
such injury or death.
Sec: "a. WORDS AND PHRASES DE-
FINED. Throughout this act, the following
words ar. and phrases as used therein shall be
spectively. unless the context shall clearly
INDICATE different meaning in the connection
used.
used both in Part and Part of this act act
to indicate the money benefits to be paid on
Snts Ct inar or DEATH Strictly spsakng
action at law under Part l. of this act is
damages, and this is indicated in Section l.
It should be understood that under Part
the compensation by way Of damages is deter
! (b) Child or Children shall include
posthumous children and all other children
entitled by law to inherit as children Of the
(c) A dependent child orphan shall be
considered to mean unmarried child under
the age of eighteen years or one over that
I'd q The; The term employee as used here
Section 5. who employs another to per- en-
whom the employer directly pays wages. and
| shall include any person corporation, CO.
partnership, or association or group thereof
and shall include. county, village, town, city
school district and other public employers, ex-
le) The, term physician shall include
surgeon and in either case shall mean one
within one Of the United States and in GOOD
az in this his at the Tine
plural and all ages and both sexes.
(g) The terms employee and workman
meaning throughout this act, and shall be
construed to mean:
i ~ Every person in the service of county
Il city, town, village or school district therein
under any appointment or contract of hire. ex
press or implied, oral or written; but shall moi
village or school district therein. ~ Who shall
nave oeen elected or appointed for regular
of Of ee or to complete the unexpred
~ Every person, not excluded by Section
8, in the service Of another under any con.
written including aliens and also including
minors who are legally permitted to work un-
Of making election of remedy under this act
shall be construed the same. and have the
same power of contracting and electing as
/ .th) The word accident as used in the
phrases personal injuries due to accident" OF
act shall. unless different meaning is clearly
indicated by the context. be construed to near
9 or unforeseen event happening
fault and producing at the time, injury to the
physical structure Of the body:
wise affecting either the meaning or inter
probation of the abridged clause ''presonal in
out IS G berebv m f1s
Not to cover workmen except while engaged
in: on Or ABOUT the premises where theil
service requires their presence as a part OF
such service at the time of the injury ano
during. the hours of service as such workmen
and shall not include an injury caused by
the act Of third person or fellow employee
to to the Sm
against him as an employee. Or because OF
his employment.
used. the plural shall be included; where the
masculine gender is used. the feminine and
neuter shall be included.
i n<l Amputations-Amp tions between thu
elbow and the wrist, shall be considered as the
equivalent of the loss of a hand, and am.
putation between the knee and the ankle shall
be considered as the equivalent Of the loss OF
i ~ The Labor Commissioner. referred to ir
| this act. shall denote the Commissioner ri
Labor Of the state. of Minnesota:
0n1 The Court as used herein shall NEAR
ton In an ordinary civil case involving E
claim for the Injuries or death in question
and Tho Judge" shall mean a Judge Of sale
Court.
) (nl AS to constitutionality-1n case for an,
reason any paragraph or any provision of this
resort and shall be held by such court to be-
unconstitutional or Invalid. the same shall moi
be held to an affect any other paragraph pro
are hereby declared to be inseparable, and ii
either Pert be declared void or inonerative II
part must fall. the other part shall fall with
it and not stand alone. Part / Of this act
operative in accordance with the provisions
thereof. but shall apply in all other cases. anG
In such eases shall be in extension or mod
Sec 49, REPEAL1NG' INCONSISTENT
acts or parts of acts
pealed.
i FECT-Ths act shall take effect from and
after the list day of October. A. D. 1918. A''
II Approved April "a. 1918.
! CHAPTER 46S-S. F. No. $40
AN ACT declaring the effect Of sherirs Ger