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

GENERAL
cedure shall be followed as in Section 80 In
case of disputed claim for compensation.
Sec. g. Employer may pay award to trus-
tee and be Discharged-At any time after the
by the parties, or found and ordered by the
Court. a sum equal to the present value OF
all future in%stallments Of compensation cal,
death or the nature Of the injury. renders the
amount of future payments ~ccrtain) by leave
of court, be paid by the employer to any say
be approved and designated by the Court,
and such sum. together with all interest
the on shall, thereafter err fsa d be held In Of tr ihs
against the employer. The payment Of such
e eeR' ny in 'hd ddae e%RlSsst Of et the fsuste es one q
which shall Be filed with the Labor Commits
sioner. and the other filed with the CLERK
satisfaction Of said award as to the employ
or. Payment from said fund shall be made
by the trustee i'll the same amounts ana az
employer until said fund and interest snail be
exhausted. III the appointment Of the trus-
tee. preference shall be given. in the discre-
jured employe or the dependents OF the de-
ceased employee, as the case may be.
Sec. 90. Preference as to Compensation
The right to compensation and all conpen-
death claims to his dependents, shall have
the same preference against the assets OF
the employer as other unpaid wages for Ia
bon; but such compensation shall not become ne
a lien on the property Of third persons ny
reason Of such preference.
Claims for compensation owned by an In
5sEfsns s%le'G sSd or sh ali S Be esempt f saaii a aGs re
bility.
Sec. 80. PROCEDURE IN cAsE OF DIS
PUTE. Procedure in case of dispute shall ne
as follows; Either party may present a f vefi,
the names and residences Of the parties ano
the facts relating to employment at the time
actin of injq tS: t the injury og M IN Its .e ealeR5 received sad eha a,
the time Of injury. the knowledge OF the EN-,
ployer Of notice of the occurrence OF said
injury. and such other facts as may be nee.
essary and proper for the information Of the
said Judge, and shall state the matter or
matters in dispute and the contention OF the
petitioner with reference thereto.
Upon the presentation Of such complaint
it shall be filed with the Clerk Of the Dis
trict Court of the proper county and tne
fudge os fbe shall Saari fix 9 {Ser esder not 3 f fezs t hna P 9hree
(3) weeks after the date Of the filing OF said
complaint. A copy of said complaint and or,
action upon the adverse party within four q
days after filing the complaint. Within sew
en- % days after the service OF such com
plant the adverse party shall file an an
swer to said complaint, which shall admit OF
deny the substantial Of the com
plant. and shall state the contention OF me
dispute as disclosed by the complaint. The
answer shall be verified in like manner as
required for a complaint.
At the time fixed for hearing, or any ad
journment thereof the said judge shall heal
such witnesses as may be presented by eacf
periys and on tho In a co snm%ary ma This d detara nat
ton shall be filed in writing with the CLERK
of the said court: and judgment shall be en-.
tried in the said District Court, and shall
contain a statement. OF facts as determined BY
said Judge: .sssu Subsequent 3sa nentva proc of mogsvs !1 4hese
by determined to be due, provided that moth
ing herein contained shall be construed as linn
to review questions of law by certiorari. Costs
may be awarded by said Judge in his dlscre.
tbaIi s be allowed Mnen So tax a%ar and Collected .nS aaae as eo ars
allowed, taxed and collected for like services
and proceedings in civil cases.
Sec. 81. Rights Of Action Preserved-Ev
cry right~of action for death, by wrongful act
or for injury by negligence, accruing to al
injured employe prior t, the taking effect Of
this act is continued and preserved under the
existing law.
Sec. 81 A. Any employer who is responsible
for compensation as provided i'll this act ma!
insure the risk in any manner then authorized
| ny law. Du lHOSS Willie ouSA AAAS
shall in every. case be subject to the condi:
tons in this Section hereinafter named.
If the risk of the employer is carried by
any insurer doing business for profit, or by
any insurance association or corporation formed
of employers. or Of employers and Workrnen
to insure the risks under this act, operating
by the mutual assessment or other plan OF
otherwise, then in SO far as policies are is
sued On such risks they shall provide fol
Go fRe fnti ben aF in IF farr OF : Of aea this s aeie
Such policies shall contain a clause to tn
effect that as between the workman and thu
insurer. that notice to and knowledge by tn
employer OF the occurrence of the injury shall
De deemed notice and knowledge on the par
of the insurer; that Jurisdiction of the EN-,
be jurisdiction of the insurer, and that thu
insurer will in all things be bound by ane
subject to the awards rendered against suct
employer upon the risks so insured.
Such policies must provide that the work
man shall have all equitable lien upon any
amount which shall become owing on &C
the insurer and in case Of the legal incapacit,
or inability of the employer to receive TIN
said amount and pay it over TO the workman
Or dependents, the said insurer will pay tn
same direct to said workman or dependents
thereby discharging all obligations under tht
policy to the employer and All OF the oDnga
man; but such policies shall contain no pro
visions relieving the insurance company from
when the employer becomes insolVen
or discharged in bankruptcy. or otherwise, dur
ing the period the policy is in force. II thu
compensation remains owing.
The insurer must be one authorized by Law
to conduct such business in the State of Min
nesota, and authority is hereby granted to al
insurance companies writing such insuranc.
requirements now provided by law the add
tional requirements, terms and conditions II
this Section provided.
1t shall be lawful for the employer and thu
workman to agree to carry the risks covered
by Part 9 of this act in conjunction witt
other and greater risks and providing, othe1
and greater benefits such as additional com
pensation, accident, sickness or old age insur
ance or benefits, and the fact that such plar
not prevent its validity if the employer pay:
not less than the cost of the insurance OF thu
risks otherwise covered by Part 2 OF this act
and workman gets the whole OF the additions
compensation or benefits.
If the employer shall insure to his EN-
ployes, the payment of the compepsations pro
tie fh aSs state Of @'' Minnesota. ana approve q
by the Insurance comnissionsr Of tn.
shall post a notice or notices in a conspicuous
place or in conspicuous places about this place
of employment, stating that he is 50 insured
ploycr shall further file copy Of such notice
with the Labor Commissioner of the State o.
Minnesota, then, and In such case, any any suit T.
his dependents shall be brought directl,
| against the insurer, and the employer or in,
sured shall be released from any further LA
bility.
Provided that in case Of insolvency or bank
ruptcy Of such Insurance COMPANY the EN-
ployer shall not be !, released 4Sis d. from liability
The return of any execution upon any Judg
ment of an employe against any such lnsur
ance Company unsatistied IN Whoie or IN part
of such Insurance Company and In case o.
the adjudication of bankruptcy or tnsolvenc,
of any such Insurance Company py any cou r
! brought by the eInplOye against the emplOyel