Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1913-08-29

produced by the Injuries named in The schedule
] II an employee is seriously permanently dishgured
/ about the face or head the commission may allow
1 such sum fer compensation account thereof it
may deem Just not exceeding S75o
In of permanent injury 10 an employee who is
fifty five years of the compensation herein
shall be reduced by per cent; in case he is oFer
sixty years OF age. by 10 cent in he is over
i sixty five years Of age, by Is per cent.
tal Where injury is caused by the failure Of the
any lawful order of the industrial commission COM
pensation provided in sections 23943 to 2394S1,
Inclusive. shall be Increased fifteen per cent.
/ (b) Where injury is caused by the wiful failure
Of the employee to safety devices where provided
| by the employer.
/ tc) Where injury results from the employees wiful
failure to obey any reasonable rule adopted By the
| employer fer the safety of the employee. or
(d) Where injury results from the inoxcaton of
the employee the compensation provided herein shall
be reduced fifteen per cent.
1 tel Any time after six months have elapsed from
) the date of the injury, the commission may order
payment in gross or in such manner as II may
determine to the best interest of the parties When
payment In gross Is ordered; the commission shaa
fix the gross amount to- be paid based ON the present
worth Of partial payments considering interest at
three per cent per annum.
earnings referred to In section 2s94-9 shall be
ffy-second Of the average annual earnings Of the
employee.
The average annual earnings for employees operating
running. riding switching passenger freight
or other trains. engines cars for railroad
| pany operating a steam railroad as common car
rier shall be taken at not less than $500 nor more
/ than $3.50 per annum; and for all other employees
/
less than 1915 more than $3.50. Between said
| limits such annual earnings shall be deter
mined as follows
/ (a) If the injured employee has worked In the
employment in which he working at the time of
the accident whether for the employer or not
during substantially the whole of the year immedi-
atey preceding his injury, his average annual earn
ngs shall consist OF three hundred times the average
/ daily wage or salary which he has earned in such
employment during the days when employed.
OBJ II the injured employee has not so worked
in such employment during substantially the whole
of such Immediately preceding year. his average al
nua earnings shall consist of three hundred times
the average daily wage or salary which an employee
Of such Immediately preceding year in the same or
| similar employment in the same or neighborlng
place shall have earned in such employment during
the days when employed.
| (c) In cases where the foregoing methods Of
irving at the annual earnings OF the injured
employee cannot reasonably and fairly be applied
such annual earnings shall be taken at such
sum as having regard to the previous earnings Of the
! injured employee. and Of other employees CT the
same or most similar class, working In the same or
most similar employment in the same or neighbor-
ing locality. shall reasonably represent the average
annual earning capacity of the injured employee al
the time Of the accident IN the employment IN which
he working at such time.
! If an employee is minor and Is permanently dis
abled. his weekly earnings shall be determined
4 the basis Of the earnings that such minor. If net
disabled probably would after attaining the age
Of twenty-one years.
/ (d) The fact that an employee has suffered a pre-
vlous disability received compensation therefor,
shall not preclude compensation for later injury.
later injury, or death his average annual earnings
shall be sum as will reasonably represent his
average annual earning capacity at the time of the
| later Injury in the employment in which he was
wording at such time. and shall be arrived at ac-
cording TO- and subject to the limitations Of the
| previous provisions of this section
2. The weekly loss in referred to in section
2394-9 shall consist of such percentage OF the
average weekly earnings of the injured employee,
computed according the provisions of this section
shall fairly represent the proporionae extent of
/ the impairment Of his earning capacity in the
nnlDl n wi he V0S n q
| the accident, and other suitable empoyments. the
| same to be fixed of the time of the accident,
/ but to be determined in view Of the nature and
| extent of the iniury.F
| $. The following shall be conelusively presumed
to be solely and wholly dependent for support upon
/ deceased employee
] (a) A wife upon husband with whom she is
l living at the time of his death.
! (bl A husband upon wife with whom he is lv-
! ing at the time Of her death.
! tc) A child children under the age Of eighteen
years Tor over said but physically or mentally
ncapacitated from earning). upon the parent with
whom he they living at the time of the death
Of such parent. there being surviving dependent
! parent. In there is more than child thus
dependent, the death benefit shall be divided =
between such dependents in such proportion may
be determined by the commission after considering the
ages of such dependents and other facts bearing on
/ such dependency
In all other cases questions Of entire or partial
dependency shall be determined in accordance with
! the fact. as the fact may be at the time Of the
accident to the employees; and in such other
cases, II there Is more than person wholly de-
pendent. the death benefit shall be divided equally
among them. and persons partially dependent If
shall receive no part thereof; and If there is more
than person partially dependent the death benefit
shall be divided among them according TO the
lative extent of their dependency
1. No person shall be considered dependent
unless member Of the family Of the deceased
ployee. who bears to him the relation Of hus
bad widow. lneal descendant, ancestor,
| brother. sister.
s. Questions as to who constitute dependents and
the extent Of their dependency shall be determined
as of the date of the accident to the employee. and
their right TO death benefit shall become fixed
Of such time irrespective of subsequent change
in conditions and the death benefit shall be directly
recoverable by and payable to the dependent de-
pendents entitled thereto their legal guardians
trustees provided that in case of the death Of de-
pendent whose right to death benefit has thus be-
come fixed. much OF the same Is then unpaid
shall be recoverable by and payable to his personal
representatives in No shall be excluded
as dependent who is nonresident alien.
6. No dependent of injured employee shall be
in interest to proceeding by him for the enforce
collection of any claim for compensation nor
as respects the compromise thereof by such EN-
ployee.
section 239I-11. No claim to recover compensation
under sections 2394-3 to 2394-3l in
elusive shall be maintained unless within thirty days
after the of the accident which is claimed
to have caused the injury DEATH notice in writing
stating the and address of the person injured
the time and place where the accident occurred and
the nature of the injury and signed by the person in
jured or by on his behalf or in case Of his
death, by dependent some one on his behalf
shall be served the employer, either by deliver
ing to and leaving with him copy of such notice
4
thereof in sealed and postpaid envelope addressed
to him at his last known place Of business or
dence. Such mailing shall constitute completed sery-
ice Provided, however that any payment of compen-
sation under sections 23943 : to 2394-3l.
inclusive in whole In part made by the employer
before the expiration of said thirty days shall be
equivalent TO the notice herein required; and pro
uded. further. that the failure TO give any such
notice. any defect naccuraey therein. shall not
be bar TO recovery under sections 2394-3
to 239431, Inclusive. If it is found as fact in the
proceedings for collection of the claim that there
was intention to mislead the employer. ami that
he not in fact mslead thereby; and provided fur
Their that If such notice is given and no payment Of
compensation made. within two years from the date
of the accident the right to compensation therefor
shall be wholly barred.
Section 2394--12 Wherever in OF injury the
right to compensation under sections 2394-3 :
to 2394-31 Inclusive. would exist in favor OF any
employee, he shall, upon the written request of his
employer, submit from time to time to examination
by regular practicing physician, shall be pro-
yidcd and paid for by the employer, and shall like
wise submit to examination from time to time by
any regular physician selected by said industrial
commission or a member or examiner there
Of The employee shall be entitled to have ply
stefan provided and paid for by himself present at
any such examination. So long the employee
after such written request Of the employer shall re-
fuse to submit to such examination shall in any
way ohstrnct the his right to begin maintain
any proceeding for the collection of compensation
shall be suspended and if he shall refuse to sub