Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

shall have filed with the industrial COM
mission notice in writing to the effect
4 that he elects not to accept the provisions
hereof. Provided, that any employer
/ commencing business subsequent to Sep
TENDER /, 1918, may make his election
not to become subject to sections 2394-S
to 2S94-31, inclusive, at any time prior
to becoming an employer OF four or more
employees in common employment.
/ Such employer may withdraw from the
provisions of sections 2394--3 to 2394-31,
inclusive, at the expiration Of one year
or at the expiration of any succeeding
| year in the manner provided in subsection
| 1 of section 2394-5.
| Section 2394-6. An employer subject
/ to the provisions Of sections 2394-3 to
2394-31, inclusive, shall be liable for
| compensation to an employee Of con-
/ tractor or subcontractor under him who
| is not subject to sections 2394-3 to 2394--
| 81, inclusive, and has not complied with
the conditions OF subsection 2 OF section
| 2394-24 in any case where such employer
would have been liable for cognpensa ton If
such employee had been working directly
for such employer. The contractor or sub
| contractor shall also be liable for such
compensation. but the employee shall
| not recover compensation for the same
| injury from more than one party. The
| employer who shall become liable for and
| pay such compensation may recover the
| same from such contractor or subcon-
/ tractor for whom the employee was
working at the time of the accident.
Section 2394-6 shall be in force as to
| all contracts made subsequent to August
81, 1913.
| Section 1901. The term ''employee"
| as used in sections 2394- l to
! 2394-31, inclusive, shall be construed to
mean
CD Every person in the service of the
| state, or of any county, city, town, village
! or school district therein under any APP
pointment or contract of hire, express or
| implied oral or written, except any Of
| fetal of the state, or of any county, city,
town, village or school district therein
The state and any county or
| municipality may require bond from a
contractor to protect the state, county Or
municipality against compensation to
| employees of such contractor or en-
ployees of subcontractor under him.
| Policemen and firemen shall be deemed
| employees within the meaning of subdi-
| vision, CD of section 2394-7; provided
| that any policeman or fireman claiming
| compensation under sections 2394-3 to
2394-31, inclusive, shall have deducted
| from such compensation any sum which
| such policeman or fireman may receive
| from any pension or other benefit fund to
which the municipality may contribute.
| CD Every person in the service of an
| other under any contract of hire, express
or implied, oral or written, including
! aliens, and also including minors who are
| legally permitted to work under the laws
of the state (who, for the purposes of
section 2394-8, shall be considered the
same and shall have the same power OF
contracting as adult employees), but not
| including any person whose employment
| is but casual or is not in the usual
course of the trade, business, profession,
| or occupation of his employer.
| Section 2394-S. Any employee as de-
fined in subdivision % of sec
ton 1901 shall be subject to the pro-
visions of sections 2394- to
2394-31, inclusive Any employee as de-
fined in. subdivision ca of sec
ton 1901 shall be deemed to have ac-
copied and shall, within the meaning Of
section 2394- 3, be subject to-
the provisions of sections 1884 =
8 to 2394-31, inclusive, If, at the time
of the accident upon which liability is
! claimed:
Cd The employer charged with such
liability is subject to the provisions of
! inclusive, whether the employee has actu-
al notice thereof or not; and
! CD Such employee shall not, at the
! time Of entering into his contract of hire,
express or implied, with such employer
have given to his employer notice in
writing that he elects not to be subject
to the provisions of sections 2394-
to 2394-31, inclusive; or, in the
made in advance of such employer be-
coming subject to the provisions Of sec
| elusive, such employee shall have given
/ to his employer notice in writing that he
i elects to be subject to such provisions,
or without giving either of such notices.
/ shall have remained in the service of such
! employer for thirty days after the en-
! ployer has filed with said COM
mission an election to be subject to the
| terms of sections 1884 to
| 2394-31, inclusive or when such en-
ployer has become subject to sections
/ 2394-3 to 2394-31, inclusive, pursuant to
! subsection of section 2394-5.
go The provisions of sections 2394-3
! to 2394-31, inclusive, shall not apply to
employees operating, running or riding
upon, or switching freight or other trains,
! engines or cars for a railroad company
operating a steam railroad as a common
carrier, unless both employer and en-
/ ployee shall specifically, in writing, have
! said sections, and have filed notice there
of with the industrial commission, and
! shall not apply to employees of such
common carriers injured or killed while
! the common carrier and the employee
| are engaged in interstate commerce.
I Section 2394-9. Where liability for
compensation under sections 2394-* #
3 to 239l-31, inclusive, exists, the same
i shall be as provided in the following
schedule:
/ % Such medical, surgical
and hospital treatment, medicines, medi-
cal and surgical supplies, clutches, and
! CURED at the time of the injury and
| thereafter during the disability, but not
exceeding ninety days, to cure and re-
| lieve from the effects of the injury the
same to be provided by the employer
! and in case of his neglect or refusal
! seasonabIy to do SO, the employer to be
/ liable for the reasonable expense in
Cured by or on behalf of the employee in
( providing the same.
! (2) If the accident causes disability
an indemnity which shah be payable as
wages on the eighth day after the in
| jured employee leaves work as the result
of the injury, and weekly thereafter,
which weekly indemnity shall be as fol-
! lows:
(a) If the accident causes total dis
ability, sixty-five per cent of the aver
age weekly earnings during the period of
such total disability; provided that, if
the disability is such as not only to
render the injured employee entirely in
capable of work, but also SO helpless as
| to require the assistance of a nurse, the
weekly indemnity during the period of
such assistance after the first ninety days
| shall be increased to one hundred per
cent of the average weekly earnings.
I (b) If the accident causes partial
disability, sixty-five per cent Of the
weekly loss in wages during the period
of such partial disability.
/ (c) If the disability caused by the ac-
cident is at times total and at times
partial, the weekly indemnity during the