The Bridgeport evening farmer., 1913-12-03

ploye, negligence of fellow employe
 and assumption Of risk by emp4oye, l under certain conditions.
 Part B is the new conpensat ton plan whereby an employe and his depend ents shall receive certain comp ensation when injured in the course Of his en- ployment.
 Part c provides for the Employers may associate themselves for the pur- pose of insuring their liabilities under this act.
 Every employer has the right to choose between Part A and and with certain results which will endeavor to explain later.
 There seems to be a mistaken idea prevalent that those employing less than five do not come under the pro visions of the law, but according to the opinion of the attorney general Part B of the act includes every con- tract of employment made after tho date of the law and every contract of employment made before it's date and continued in force thereafter. Thus it can be seen that in the case of house servants, chauffeurs, etc., even where there is only one employed, the em- ployer is under the provisions Of this act. But any one employing less than five may withdraw from the provisions of the act by filing a notice of such intention with the commissioner of the district and also upon the one that he hires If this is done the present legal relation of the employer and employed remains unchanged and suits may be brought in the courts and defended with all the defenses as they exist to- day.
 Under the provisions of the act ew- cry contract of employment Is conc1u- sively presumed to include a mutual agreement between employer and em- ploye to accept Part B of this act un- less either one refuse to accept Part B. If an employer Of five or more does not desire to come under the act he must file a. notice to that effect with the commissioner of the district where he employs the men and he must also give a notice to his ems p1oyes. If he does this, then he comes under Part A Of the act and may be sued at law as at present, but with the defenses -of negligence of employe, neg ligence of fellow employe and assump- ton Of risk taken away. Any emp1oye of this class may come under Part A of this act by serving like notice on the commissioner and his employer, but if he does so, then action must be brought at law against his employer in case of accident and the foregoing de- lenses may be taken advantage of by the employer.
 No compensation shall be paid for injuries that have been caused by the wilful and serious misconduct of the injured employe or by his intoxica- ton or not sustained in the course of his employment. As to whether any of the foregoing apply will be a question of fact to be decided by the commissioner after hearing the cir cumstances of the case and no hard and fast rule can be given as to when misconduct, is -wi1ful and sert- ous, etc.
 will now speak briefly in refer ence to some of the main features of Part B under which every employer falls unless he gives notice other wise.
 The employer in case of injury must furnish the injured employe~ at his own expense the proper and neces- sary medical and surgical care, in cluding hospital service, during the thirty days immediately following the injury. This is in addition to the weekly compensation. If the em- p1oyer fails to provide the medical and surgical care the injured era- ploye may provide such care at the expense of the employer. However, the pecuniary liability of the em- ployer for the medical and hospital service is limited to such charges as prevail in the community for sim liar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons.
 No compensation shall be paid un- less the injury incapacftates the in- jured employe for more than two weeks and the compensation begins on the fifteenth day of the injury.
 In case death results within two years from the injuries received the compensation may one-half the average weekly wages received by the empIoye at the time of his injury for a period of 312 weeks and one hun dred dollars for burial expenses but in no case shall the compensation ex- ceed $10 week or be less than $5 a week. This sum shall be paid to the dependents of employe. Where there are no dependents of the deceased en1- ploye the sum of $750 shall be paid to the state treasurer.
 Dependents mean those who at the time of the employees death were members of the deceased's family or next of kin and were wholly or partly dependent upon the earnings of the emp1oye at the time of the injuSy.
 The maximum cost to the employer in the above would be $3 220 plus medical and hospital service and the minimum would be $1, ,660 plus medical and hospital service.
 In case an employe is totally in- capacitated his weekly compensation would be one-ha1f his average wages weekly at time he was injured but in no case shall the compensation con tinue more than 52O weeks nor shall 1t be more than $10 a week or less than $5 a week. The maximum cost in cases of total incapacity would be $5,2O0 plus medical and hospital ser vice for thirty days.
 There are six injuries specified in the act that constitute expressly total incapacity, namely, loss of sight of both eyes, loss of both feet, loss of one foot and one hand, loss of both hands, incurable insanity or imbecil- ity and paralysis of both arms or legs or one arm and leg.
 f In case of partial incapacfty the same rule applies as to payment of weekly compensation except that it cannot exceed SIP weeks and is to be the difference between what