St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1913-05-02

by him during the preceding quarter. which
shall be audited by said State Auditor and
Sec. 2. This act shall take effect and be in
force from and after its passage.
Approved April "a, 1913.
CHAPTER 467-s. F.. No. 200.
AN ACT prescribing the liability Of an EN-.
Ployer to make compensation by way of
damages for injuries due to accident re-
the course Of employment, modifying com.
mon law and statutory remedies, in such
cases; establishing an alternative elective
procedure for the determination Of liability
and compensation Hereunder in certain
Be 1t enacted by the Legislature Of tho State
Of Minnesota:
PART l..
COMPENSATION BY ACTION AT Law
MODIFICATION OF REMEDIES.
Section l: When personal injury or death
out Of and in the course Of his employment
Of which injury the actual or lawfully i'm:
puted negligence Of the employer is the nat:
ural and proxtmate cause, he, or, in case OF
oeath, his personal representative, for the ex-
elusive benefit Of the surviving spouse and
next OF kin, shall receive compensation by
way Of damages therefor from his employer
provided the employe was himself not will
fully negligent at the time Of receiving such
injury; and the question of whether the EN-.
ploye was willfully negligent shall be one OF
fact to be submitted to +te jury, subject tc
the usual powers Of thu court over verdicts
rendered contrary to the evidence, or to law.
Sec. 2. In all cases brought under Part 1.
Of this act it shall not be a defense (a) thai
II sh empl aiso was Snnea negligent TIES s,,o unless eas,, and l except sep
willful; (b) that the injury was caused by the
negligence Of a fellow employee; ,() that the
incidental to the work. or arising out of and
in the course Of his employment from the
failure ia III s, Of the aren Employer a1a to sI Rfoyide and main
which grounds Of defense are hereby abol
ished except as provided In Section 4.
under Part 2. Of this act, he loses the righi
to t%nterpose the three defenses named in Sec
ton 2 in any action brought against him 70,
personal Injury or death Of an employee.
Sec. 4. If the employer becomes subject tc
Part 2 Of this act and the employee does not,
then the employer may set up such derenses
Of this act.
Sec. 8. The provisions of Sections One, Two.
the death Of an enploye arising under Sec
ton 45os Of Chapter, "a, Revised Laws. Of Min
a asseaa Rse9' t ana the eeas 1a gaft Death sf af Sy
SEQ. 6 In all actions at law brought pur.
proof to establish willful negligence Of the
injured employe shall be upon the defendant:
bn Sec; T. No oer ela i19nr for II legal GAL services asdses, or dis !
or suit brought under the provisions Of this
act shall be an enforceable lien against the
AAAOoA pdAo 10 O4ApCuodllOAy VI - VdlAQ Ol
binding in any other respect, unless the same
be approved In writing by the Judge pres1d-
a ont 1T tr,a ahs b bs1al l. Or Judge IN case of t Gs sf ptstT9et c %it4:
Provided, that If notice in writing be given
the defendant, of such claim for legal serv.
ices Or disbursements, the same shall be q
ton, subject to determination Of the amount
and approval hereinbefore provided. All sums
paid for legal, medical and hospital services
and other disbursements, shall be reported by
terms Of settlement us provided in Section "a
of this act.
ELECTIVE COMPENSATION.
Sec. 8. This act shall not be construed or
held to apply to any employer acting as a
foreign by railroad, which employer
by reason of being engaged in interstate or
exclusively to the legislative powers of the
State OF Minnesota. or for which employer and
the employees thereof, a rule Of liability Or
established by the Congress Of the United
States; nor shall it apply to any employe of
engaged. Nor shall the provisions Of this act
apply to actions or proceedings to recover
damages or compensation for personal injuries
sustained by domestic servants, farm laborers.
or persons whose employment at the time OF
the injury Is but casual and not In the usual
occupation Of his employer:
Whenever an e1nploye Of a common carrier.
engaged in interstate or foreign commerce by
cidcnt, arising out of, and in the course Of his
employment, resulting in his disability or
s esehn em IT eya' wa u.s. at the tima 91 of The race aae,d taat
engaged in such commerce
plo see: Shall 81 If BY both agrs smn'sysr en pna '% or
f peeome Subject 1a eansf to Part IS T. nere Of t RRIievia aet,
seasleaffsl ee esseha,ds to Shall, The be sohed pa{d
by every such employer, in every case Of per-
sonal injury Or death Of his employe. caused
Of employment, without regard to the question
Of negligence, excep. accidents which are Id
tentionally self inflicted or when the intox-
den Of proof Of such fact shall be upon the
Sec. 10. Such agreement or the election
hereinafter provided for shall be a surrender
by the parties thereto Of their rights to any
ton or determination thereof than as provided
in Part of this act, and an acceptance Of
all the provisions Of Part 2 Of this act, and
pensation for his death shall bind his per-
sonal representative, the surviving spouse and
those OF eon a,n: as T Ris b an 1es e daping ba aRa
ruptcy or insolvency, for compensation for
death or injury, as provided for by Part 2
Sec. II. All contracts Of EMPLOYMENT made
sumed to have been made with reference, and
w SAo ~ AAN
otherwise expressly stated In the contract, in
writing, or unless written or printed notice
has been given by either party to the 6eos other nat
accept the provisions of Part 2. Every en-
ployer and every employe, Is presumed to
unless thirty (9o) days prior to accident. he
shall have signified his election not to accept
or be bound by the provisions Of Part 2.
This election not to accept Part z. shall be
by notice as follows:
The employer shall post and keep posted
in his shop or place OF business a written or
printed notice Of his election not to be bound
by Part 2. hereof and file a duplicate thereof
with the Labor Commissioner.
The employe shall give written or printed
be bound by Part g., and file a duplicate proof
Of service attached thereto with the Labor
Commissioner.
acceptance, or his election not to accept Of
the. provisions Of Part 2. by thirty (3o) days
%n f'ea With tS the p.o othe at s "a dop'ie ettacS Se su thereto a92
shall be filed with the Labor Commissioners
and the time shall not begin to run until the
Provided, however, that during the thirty
(so) days immediately succeeding the taking
effect Of this act. notice Of election not to
by either party to the other as above pro-
vided, and shall be Immediately effective as
f + nesiee with q, the ireci Labor o eomm hnae pup'ca1e
SCHEDULE OF COMPENSATION.
Sec. 10. Following is the schedule Of COM
pensation: (al For injury producing tenn
p the wages sH.Ai received at the time e Of in5ur y,
subject to 9 maximum compensation Of ten
s aG!ls ao',a $3.50; tss.o ger pe Tes Mee and p 3 mtR!nuH that ct
il at the. time Of injury the employe receives
wages Of less than six dollars $4,000 per
OF %ess Such !"e Wages as s per week Week. 5aa lu eom a1ensa-
tion shall be paid during the period of such
d drsd Wsek. not pa S9Dsgsg' to eey be ma tsses At hq 4be
intervals when the wage was payable, as