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

| age weekly earnings referred to in sec
| ton 2394-9 shall be one fifty-second of
the average annual earnings of the en-
! ployee.
| The average annual earnings for en-
ployees operating, running, riding upon,
| or switching passenger, freight or other
| trains, engines or cars for a railroad COM
pany operating steam railroad as a
/ common carrier shall be taken at not
less than $500 nor more than $3.50 per
annum; and for all other employees such
average annual earnings shall be taken
at not less than 1915 nor more than
/ $3.50. Between said limits such average
annual earnings shall be determined as
/ follows
! (a) If the injured employee has worked
in the employment in which he was
working at the time Of the accident,
whether for the same employer or not,
during substantially the whole of the
/ year immediately preceding his injury,
| his annual earnings shall consist Of three
! hundred times the average daily wage or
! salary which he has earned in such en-
ployment during the days when SO en-
ployed.
! (b) If the injured employee has not
/ so worked In such employment during
| substantially the whole of such imme-
/ diately preceding year, his average annual
/ earnings shall consist Of three hundred
times the average daily wage or salary
which an employee of the same class
| working substantially the whole of such
Immediately preceding year in the same
/ or similar employment in the same or
a neighboring place shall have earned in
] such employment during the days when
! SO employed.
! (c) In cases where the foregoing meth
! DDS OF arriving at the average annual
! earnings of the injured employee cannot
! reasonably and fairly be applied, such
/ average annual earnings shall be taken
! at such sum as having regard to the
( previous earnings of the injured employee,
; and OF other employees of the same or
most similar class, working in the same
Or neighboring locality, shall reason
| ably represent the average annual earn
/ ing capacity of the injured employee at
| the time of the accident in the employ
ment In which he was working at such
| time.
If an employee is minor and is perma-
namely disabled, his weekly earnings shall
| be determined on the basis of the earn
! ings that such minor, If not disabled,
| probably would earn after attaining the
age of twenty-one years.
(d) The fact that an employee has suf-
fered previous disability or received
! compensation for a later injury, or for
| death but in determining compensation
| for the later injury, or death, his aver
! age annual earnings Shall be such sum as
| will reasonably represent his average an
nual earning capacity at the time of the
later injury, in the employment in which
he was working at such time and shall
! be arrived at according to, and subject to
the limitations of the previous provisions
of this section.
2. The weekly loss in wages referred
| to in section 2394-9 shall consist of such
percentage of the average weekly earn
ings of the injured employee, computed
according to the provisions of this section,
as shall fairly represent the proportion
| ate extent of the impairment of his earn
ing capacity in the employment in which
he was working at the time of the acct
dent, and other suitable employmentS,
the same to be fixed as of the time of
the accident, but to be determined in view
of the nature and extent of the injury.
3. The following shall be conclusively
presumed to be solely and wholly depend
| ent for support upon a deceased en-
ployee:
(a) wife upon husband with whom
she is living at the time of his death.
| CD A husband upon a wife with
whom he is living at the time of her
death.
Co A child or children under the age
of eighteen years Cor over said age but
physically or mentally incapacitated from
| earning), upon the parent with whom he
| they are living at the time of the death of
such parent, there being no surviving de-
! pendent parent. In case there is more
! than one child thus dependent, the death
! benefit shall be divided between
such dependents in such proportion as
may be determined by the commission
| after considering the ages Of such de-
| pendents and other facts bearing on such
| dependency.
| In all other cases questions of entire or
| partial dependency shall be determined
/ in accordance with the fact. as the fact
may be at the time of the &C
| cident to the employee; and in such other
cases, If there is more than one person
wholly dependent the death benefit shall
| be divided equally among them, and per-
sons partially dependent, if any, shall re-
ceive no part thereof and if there is
more than one person partially dependent,
! the death benefit shall be divided among
them according to the relative extent of
! their dependency.
4. No person shall be considered a de-
pendent unless a member of the family of
I to him the relation of husband or widow,
or lineal descendent, or ancestor, or
brother, or sister.
5. Questions as to who constitute de-
pendents and the extent of their depend
ency shall be determined as of the date of
! the accident to the employee, and their
! right to any death benefit shall become
! fixed as of such time, irrespective of any
| subsequent change in conditions; and the
death benefit shall be directly recover
able by and payable to the dependent or
| dependents entitled thereto or their legal
guardians or trustees; provided that in
| case of the death of a dependent whose
! right to a death benefit has thus become
|
unpaid shall be recoverable by and pay
| able to his personal representatives in
gross. No person shall be excluded as a
| dependent who is q nonresident alien.
| 6. No dependent of an injured en-
| ployee shall be deemed, during the life of
such employee, a party in interest to any
proceeding by him for the enforcement or
collection of any claim for compensation,
nor as respects the compromise thereof of
such employee.
Section 2394-11. No claim to recover
/ compensation under sections 2394-3 =
to 2394-31, inclusive, shall be maintained
unless, within thirty days after the &C.
/ currence of the accident which is claimed
| to have caused the injury or DEATH no.
tice in writing, stating the name and ad-
dress of the person injured, the time and
place where the accident occurred, and
| the nature of the injury, and signed by
| the person injured or by some one on his
| behalf or in case of his death, by a de-
| pendent or some one on his behalf, shall
/ be served upon the employer, either by
| delivering to and leaving with him a copy
i of such notice, or by mailing to him by
! registered mail a copy thereof in a sealed
and postpaid envelope addressed to him at
! his last known place of business or resi-
! dence. Such mailing shall constitute COM
: pleted service Provided, however, that
any payment of compensation under sec
! lions 2394-3 to 2394-31, in
! ol1civa in whole or in mart r11ado hu no