The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-12
LEGAL

premiership with employer. but does
not include person who is employed
| otherwise than for the purpose of the
! employers trade or business. Any refer
ence to a workman who has been injured
SHALL where the workman is dead, include
| a reference to his dependents, as herein
| after defined, or to his legal representa-
| tive, or where he is a minor or incom-
petent. to his guardian. ID Depend
ents'' means such members of the work.
mans family as were wholly or in part
dependent upon the workman at the time
of the accident. And members of FAM
ily'' for the purpose of this act means
only widow or husband. as the case may
be, and children; or If no widow, husband
or children, then parents and grand par
ents, or if no parents or grand parents,
then grand children; or if no grandchil-
dren, then brothers and sisters. In the
meaning of this section parents include
step parents, children include step-chil
dren, and grand children include step
grandchildren, and brothers and sisters
include step-brothers and step-sisteTs, ard
cn---ren and parents include that relation
by legal adoption. Ox) The words Arts
ing out of and in the course of employ
ment'' used in this act shall not be
construed to include injuries to the en-
ployee occurring while he is his way
to assume the duties of his employment
or after leaving such duties, the proXi-
mate cause of which injury is not the
employers negligence.
Sec. ). That section IL of chapter 21S
of the Session Laws of 1911, be and the
same is hereby amended to read as for
ton. The amount of COMPENSATION under
this act shall be: ca Where death re
leaves any dependents wholly dependent
upon his earnings, an amount equal 20
three times his earnings for the preced-
hundred dollars and not less than twetve
hundred dollars, provided. such earnings
shall be computed upon the basis OF tne
scale which he received or would have
been entitled to receive had he been az
work, during the thirty days next pre-
gI.,,+ nd q
the Workman's employment by the said
employer had been less than one year,
then the amount of his earnings outiiIS
the said year shall be deemed to be titty-
two times his average weekly earnings
during the period of his actual empioy
ment under said employer; proVldeo, Una
the amount of any payments made unoe'
this act and any lump sum PAID mere
under for such injury from which death
from such sum: and provided hoWeNet,
that if the workman does not leave any
dependents. citizens of and residing at the
time of the accident IN the OnIteu o.atcS
or the Dominion of Canada, the arnodnt
of compensation shall not exceed IN any
case seven hundred and fifty dollars
2) If the workman does not leave any
such dependents, but leaves any depend
ents in part dependent upon his earnings
such proportion of the amount payapie
under the foregoing provisions OF tIIS
section, as may be agreed upon or oS-
termined to be proportionate to the N
jury to said dependents; and 90 II ne
leaves no dependents. the reasonable eA,
pense of his medical attendance anu
burial. not exceeding one hundred dolIarS,
(D Marriage of any dependent shall
terminate all compensation of such de-
pendent, but shall not aftect coIlpehsd
ton allowed other dependents: when afy
minor dependent, not physically or merit
ally incapable of wage earning snall pc
come eighteen years of age, such COM
pensation shall cease. CD Where totd'
incapacity for work results from INJURY
periodical payments during such N, H.
capacity. commencing at the end OF thS
second week, equal to fifty per cent OF
his average weekly earnings computed as
provided in section u but in no case less
than six dollars per week or more tnan
fifteen dollars per week (c) When psfudi
incapacity for work results from INJURY
periodical payments during such in
capacity, commencing at the end OF the
second week. shall not be less thar
twenty-five per cent nor exceed MY Eg.
earnings computed as provided in secuon
u, but in no case less than three dollars
per week or more than twelve dollars per
week; provided however, that if the
workman is under twenty one years OF
age at the date of the accident and the
average weekly earnings are less than
5000 his compensation shall not be less
than seventy-five per cent of his average
ea arria4 is a6 Eucn sPa Extend over
period exceeding eight years.
Sec. c. That section % of chapter 21S
OF the Session Laws of 1911, be and the
same is hereby amended to read as fol-
lows: Section %. Notice and claim. Pro
ceedings for the recovery of compensation
uilGer TINS act shall not De
unless written notice of the accident,
stating the time, place and particulars
thereof. and the name and address of the
person injured, has been given within ten
days after the accident. and unless Il
claim for compensation has been made
within three months after the accident CT
in case of death, within six months from
the date thereof. Such notice shall be-
Hvered by registered mail, or by delivery
the employer. The want of, or any
defect in such notice, or in its service,
shall not be bar unless the employer
proves that he has, in fact, been thereby
prejudiced, if such want or defect was
occasioned by mistake physical or mental
incapacity or other reasonable cause, and
the failure to make a claim within tile
period above specified shall be a bar; Pre-
vided, however that in case of incapacity
herein shall not run during such inca
pacity.
Sec. 4 That section "A of chapter rs
of the Session Laws of 1911, be and the
same is hereby amended to read fol-
lows: Section Al All employers as defined
by and entitled to come within the pre-
visions OF this act, shall be presumed to
hav done unless such employer shalt |
file with the secretary of state at To-
peka, Kansas, written statement that
he elects not to accept thereunde-, anu
thereafter any such employer desiring n
change his election shall only do so b.
filing a written declaration thereof with
the secretary of state. Notice of such