Evening journal., 1913-02-06


employments. If Immediately prior to
the accident the rate of wages was
fixed by the day or hour, or by the
output of the employe. his weekly
wages shall be taken to be five and
one-half times his average earnings
at such rate for a working day of
ordinary length, excluding earnings
from overtime and using as the basis
of calculation his earnings during
so much of the preceding six months
as he worked for the same employer.
Where the employe is working under
concurrent contracts with two or more
employers, his wages from all en-
ployers shall be considered as if earn
ed from the employer liable for con-
pensation.
Section 8. Compensation under
this Article to alien dependent widows
children and parents, not residents of
the United States, shall be the same
in amount as is provided in each case
for residents, except that, at any time
within one year after the death of the
injured employe, the employer may, at
his option, commute all future in
stalments of compensation to be paid
TO alien dependents not residents of
the United States, by paying to such
alien dependents two-thirds of the
total amount of such future install
ments of compensation. Alien Wild
overs, brother and sisters not resi-
dents of the United States shall not
be entitled to any compensation.
Section o. Unless the employer
shall have actual knowledge of the
occurrence of the injury, or unless
the employe or some one on his be-
half. or some of the dependents or
some one on their behalf, shall give
notice thereof to the employer within
fourteen days after the accident, no
compensation shall be due until such
notice be given or knowledge obtain
ed. If notice be given or the knowl-
edge obtained after fourteen days but
within thirty days after the accident,
the delay shall not bar compensation
unless the employer shall show that
he was prejudiced thereby. and then
only to the extent of such prejudice.
II the notice be given or the
knowledge obtained after thirty days
but within ninety days after the ac-
cident, and II the employe or other
beneficiary shall show that his delay
in giving notice was due to his mis-
take OF ignorance of fact or of law, or
to his physical or mental inability,
or to fraud, Misrepresentation or de-
ceit, or to any other reasonable cause
or excuse. then compensation shall
be allowed, except to the extent that
the employer shall show that he was
prejudiced by such delay. Unless
knowledge be obtained or notice given
within ninety days after the accident,
no compensation shall be allowed.
Section 10: The notice referred to
in Section 9 hereof shall be substan-
TALLY in the following form:
To (name of employer)
You are hereby notified that an in
jury of the following character
{ , was received by (name
Of employe injured) who was in
your employment at (place) while en-
gagged as (kind of employmenO on or
about the day of { }
A. u. }. and that compensation
will be claimed therefor.
Date:
Signed >
but no variation from this form shall
be material if the notice be sufficient
to inform the employer that a GER
tain employe by name, received an
injury. the character Of which is
described in ordinary language. in
the course of his employment on OF
about time specified and at or near
place specified.
Section IL: The notice referred to
in Section 9 hereof may be served
personally upon an employer, or upon
the manager or superintendent in
charge of the works or business n
which the accident occurred, or by
sending Il through the registered mail
to the employer at his or its last
known residence or place of business
or If the employer be a corporation
either foreign or domestic. then upon
the President, President, Secre-
tary or Treasurer thereof Knowl.
edge OF the occurrence of the injury
on the part Of any of said agents shall
be the knowledge of the employer.
Section 12: After an injury. Tho
| employe, If so requested by his EN-.
ployer, must submit himself FOR ex-
animation at some reasonable tim,
and place, and as often as may bC
reasonably requested, TO a physician
or physicians legally authorized tC
practice under the laws of suct
place, who shall be selec
ted and paid by the employer
II the employe requests. he shall bl
entitled to have a physician or physi
clans of his own selection. to beepaif
by him. present to participate in sucl
examination. For all examination:
after the first the employer shall pa,
the reasonable travelling expenses anC
loss Of wages incurred by the en-
ploye in order to submit to such ex
animation. The refusal of the EN-
ploye to submit to such examination
shall deprive him Of the right to com
pensation under this article durinl
the continuance of such refusal am
the period of such refusal shall b.
deducted from the period during
which compensation would otherwise
be payable.
Section 13. II the employer an,
the injured employe. or his depen
dents in case of his death. reach al
agreement in regard to compensation
under this article, a memorandum o
such agreement. signed by the parties
in interest. shall be filed with the In
dustrial Accident Board. and il ap
proved by It. shall be deemed final an,
binding but shall be subject to review
by said board or by the court TO
fraud. Such agreement shall be sp
proved by said board only when th'
terms thereof conform. to the provis
ions Of this article.