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

GENERAL
cedure shall be followed as in Section so 81
case of disputed claim for compensat ton
Sec. %. Employer may pay award t. tru s
!. tee and be Discharged-!At any time after tht
amount of any award has been agreed upol
BY the parties, or found and ordered y. ~ ths
Court a sum equal to the present value Z g
all future instaliments Of compensation .cal
culated on a six per cent basis may lWhert
death or the nature of the injury renders tht
amount of future payments certain) py leave
LOT court, be paid by the employer to any saw
1ngs bank trust company Of this State u
be approved and designated by the Court
and such. sum. together with all :, 1ntere e
empoye, who shall have no further recourse
against the employer The payment Of Of sgef
which shall be filed with the Labor Commits
sloner and the other filed with art the C:erl
satisfaction of said award as to the employ
er. Payment from said fund shall be made
the same time as are herein required OF tn
employer until said fund and interest shail d.
exhausted. In. the appointment OF tne ,, trus
tee, preference shall be given. in the d1scre
ton of the court, to the choice OF me me IN IN
jured enploye or the dependents OF the de-
ceased enploye, as the case may De-
Sec. 20. Preference as to Compensation
! The right to compensation and an conpen
:, sation awarded any injured employe or 1o1
: death claims to his dependents, snaH nave
the same preference against the assets e &C o.
Dor: but such compensation shall not become
a lien on the property Of third persons o1
reason Of such preference.
Claims for compensation owned by, an in
assignabie ana shall ali be exempt from seizure
or sale for the payment Of any debt OF la
lbility.
Sec 80. PROCEDURE IN CASE Or DIS
PUTE. Procedure in case of dispute shall On
as follows: Either party may present veri
fed complaint to said judge setting 10TH
the names and residences of the parties. ane
Of injury, the injury in its extent and char
acter, the amount Of wages being received
the time of injury, the knowledge OF the en-
injury. and such other facts as may be nee
essary and proper for the information OF tn
said judge, and shall state the m, matter &, o
matters in dispute and the contention OF IN
petitioner with reference thereto.
Upon the presentation Of such complaint
!, it shall be filed with the Clerk Of the Dis
I Tor the hearing thereof, not less than thre
t3 weeks after the date of the filing OF sal'
complaint. copy Of said complaint and or
der shall be served as summons IN CIV
action upon the adverse party WITHIN 1t IGur "a
. en- ~ days after the service OF such com
plant the adverse party shall file an an
Iswer to said complaint. which shall t ADMIT , o
plant. and shall state the contention OF tn
!, defendant with reference to the matter m, II
dispute as disclosed by the compliant com IN
:, answer shall be verified in like manner a
= required for a complaint.
Il At the time fixed for hearing, or any. ad
journment thereof the said judge shall AL n hea
such witnesses as may be presented by eac
tparty, and in summary manner decide tn
merits Of the controversy, This determine INA
of the said court and judgment shall be en-
: tered thereon in the same manner as In cause
. tried in the said District Court, ana sna a.
lcontain a statement of facts as determined b.
lsaid Judge. Subsequent proceedings thereo
, shall only be for the recovery of moneys there
by determined to be due, provided that moth 9th
ing herein contained shall be construed as linn
lifting the jurisdiction of the Supreme Court
to review questions of law by certlora.l. Cost
ltion, and when awarded the same cost
shall be allowed, taxed and COLLECTED as as, ar ar
allowed, taxed and collected for like service
: and proceedings in civil cases.
{ Sec 81 Rights of Action Preserved-Ev
cry right Of action for death, by wrongful &C
Tor for injury by negligence, accrulng TO a
injured cmpoye prior to the taking effect Q
this act is continued and preserved under tn
existing law.
Sec. 81 A. Any employer who is responsible
insure the risk in any manner then authorize
by law. But those writing such insuranc
shall i'll every case be SUBJECT 10 tne CoHul
tions in this Section hereinafter named
| If the risk of the employer is carried b
any insurer doing business for profit, or b
, Iany insurance association or corporation forme
lof employers, or OF employers and workmer
to insure the risks under this act, operatin
:, by the mutual assessment or other plan Q
, sued On such risks they shall provide TO
compensation for injuries or death accoroln
to the full benefits of Part of this act.
Such policies shall contain clause to tn
effect that as between the workman and tn
insurer, that notice to and knowledge by tn
EMPLOYER of the occurrence Of the injury shall
De- Deemed notice and knowledge on the par
Tor the insurer; that jurisdiction OF the EN-
ploytr ior arpit1at ton or other purposes shal
insurer will in all things be bound by an
subject to the awards rendered against sue
employer upon the risks 50 insured
Such policies must provide that the work
man shall have an equitable lien upon an
amount which saall become owing on &C
count of such policy to the employer fror
the insurer and in case of the legal incapacit
or inability Of the employer to receive tn
said amount and pay It over to the workma
| same direct to said workman or dependents
thereby dischalging all obligations under TN
policy to the EMPLOYER and ali o. me onn lg
man; but such policies shall contain no pro
visions. relieving the insurance company fror
payment when the employer becomes insolven
3 or discharged in bankruptcy Or otherwise. dul
? ing the period the policy Is in force, II tn
compensation remains owing.
Fl The insurer must be one authorized by LAY
to conduct such business IN the State OF MID
nesota. and authority is hereby granted to a
! insurance companies writing such 1nsuranc
to include in their policies in addition to tn
requirements now provided by law the add
ltional requirements, terms and conditions
this Section provided.
1t shall be lawful for the employer and tn
workman to agree to carry the risks covere
t by Part of this act in conjunction wit
p other and greater risks and providing othe
2 and greater benefits such additional com
pensation, accident, sickness old age insu1
e ance Or benefits, and the fact that such PA
not prevent its validity If the employer pay
i not less than the cost of the insurance OF tn
risks otherwise covered by Part of this &C
compensation or benefits.
$ If the employer shall insure to his en-
b tine pps of this act I'M
or association authorized to do business
1.-The State OF Minnesota. and approve
by the Insurance Commissioner Of tn
shall post a notice or notices in consp1cuou
, place or in conspicuous places about this plac
and stating by whom insured, and if the en-
i ployer shall further file copy Of such motto
!, with the Labor Commissioner OF the State {
Minpesota, then, and in such case, any suit
S his dependents shall be brought directl
y against the insurer, and the employer or IL
D sured shall be released from amy further LIE
billty.
Provided that in case of insolvency or bank
e ruptcy of such Insurance Company the en-
: ployer shall not be released from liabilit
Il under the provisions of this act
The return of any execution upon any 5ude
Of an m whoe s or in
D shall be conclusive evidence OF the lnsolvenc
| OF such Insurance Company ana In case
the adjudication of bankruptcy or lnsoivenc
: of any such Insurance Company by any coul
of competent jurisdiction, proceedings may b
: brought by the employe against the emp,oye
LAM