The Republican journal. [volume] (Belfast, Me.) 1829-current, 1915-04-08

Shall be maintained unless a nOIfc0 OF
the accident shall have been given to
the employer within thirty. days after
the happening thereof; and unless the
claim for compensation with respect TO
such injury shall have been made with
in one year after the occurrence of the
same. or, in case of his physical or
mental incapacity. within one year al
ter death or the removal OF such physl-
cal or mental ineapacity:
Section 18. Such notice shall be IN
writing and shall state in, ordinary lam
guage the nature, time, place and cause
of the injury, and the name and address
signed by the person injured, or by a
person in his behalf, or in the event
Of his death. by his legal representa-
tives, or by a dependent. or by per-
son in behalf of either.
Section 10. Such notice shall be
served upon the employer, or upon one
employer. II there are more employers
than one, or, if the employer is a cor
poration, upon any officer or agent upon
whom process may be served. or by
leaving it at his last known residence
or place of business. or by sending it
by registered mail addressed to the per-
corporation, to the corporation itself.
at his or it's last known residence or
place of business; and such mailing of
the notice shall constitute completed
service. 5 ~S' :.
Section 20. A notice given under the
provisions of this act shall not be held
invalid or insufficient by reason of any
inaccuracy in stating the nature. time,
place or cause OF the IN m injury, or the
jured, unless it is shown that it was
the intention to mislead and the en-
ployer was in fact misled thereby.
proceedings under this act, if it be
shown that the employer or his agent
had knowledge of the injury, or that
failure to give such notice was due to
%D1-o f1,
Section 81. The employee shall after
the injury, at all reasonable times dur
ing the continuance of his disability,
If SO requested by his employer. sub
physician or surgeon authorized to
practice medicine under the laws of this
State, to be selected and paid for by
the employer. The employee shall have
the right to have a physician or sur
geon selected and paid for by himself
present at such examination of Which
right the employer shall give him no.
tice when requesting such examination
The chairman of the commission may
at any time after the injury appoint a
competent and impartial physician or
surgeon to act as medical examiner
and the reasonable fees of such medt-
cal examiner shall be fixed and paid by
the commission.
Such medical examiner being first
duly sworn to the faithful performance
of his duties before any, justice of the
dicial court, shall thereupon and as
often as the chairman Of the commits
sion may direct, examine such injured
employee in order to determine the ma
ture, extent and probable duration Of
the injury. Such medical examiner shall
file a report of every examination made
of such employee in the office of the
commission, and a copy thereof certi-
fed by the clerk of said commission
may be produced in evidence in any
hearing or proceedings to determine the
amount of compensation due said en-
ployee under the provisions of this act
If such employee refuses to submit him
self to examination provided for in this
act, or in any way obstruct any such
ton shall be suspended and his COM
pensation during such period Of sus-
pension may be forfeited.
Section o. No savings or insurance
OF the injured employee independent of
ton in determining the compensation
to be paid hereunder, nor shall benefits
derived from any other source than the
employer be considered in fixing the
compensation under this act.
Section %. In case an injured en-
ployee is mentally incompetent, or,
where death, results from the injury, in
case any of his dependents entitled to
compensation hereunder are mentally
incompetent or minors at the time when
any right, privilege or election accrues
to him or them under this act his
guardian. or next friend may. in his
behalf. claim and exercise such right,
privilege or election, and no limitation
of time in this act provided shall run
so long as such incompetent Or minor
has no guardian.
Section "a. No agreement by an en-
ployee, except as provided in section
thirty, to waive his rights to compen-
sation under this act shall be valid.
act shall be assignable, or subject to
attachment. or liable in any way for
debt
Section 25. Employers who hire
Workmen within this State to work out
side of the State, may agree with such
workmen that the remedies under this
act shall be exclusive as regards in
juries received outside this State by
course of such employment; and all
contracts of hiring in this State shall
be presumed to include such an agree
ment.
Section 26. When any injury for
which compensation is payable under
this act shall have been sustained I'M
der circumstances creating in some
other person than the employer a legal
liability to pay damages in respect
thereto, the injured employee may. at
his option. either claim compensation
under this act or obtain damages from
or proceed at law against such other
person to recover damages; and if COM
pensation is claimed and awarded I'M
der this act. any employer having paid
the compensation or having become liza
BILE therefor shall be subrogated to the
rights of the injured employee to re-
cover against that person, provided, if
the employer shall recover from such
other person damages in excess of the
compensation already paid or awarded
to be paid under this act, then any such
excess shall be paid to the injured en-
ployee less the employers expenses and
costs of action.
Section 81. The claim for compen-
sation under this act. and any decree
on any such&claim, shall be entitled to
of the employer hereafter contracted to
the same amount as the wages Of labor
are now preferred by the laws Of this
State, but nothing herein shall be con-
strued as impairing any lien which the
employee may have acquired.
Section %. In case payments have
continued for not less than six months
either party may, upon due notice to
the other party, petition the commits
sion for an order committing the future
payments to lump sum- Such petition
shall be considered by the commission
it Is shown to the satisfaction of the
commission that the payment of lump
sum in lieu of future weekly payments
will be for the best interest of the per-
upon such compensation. or that the
continuance Of weekly payments will,
as compared with lump sum payments,
entail undue expense or undue hardship
upon the employer liable therefor, or
that the person. entitled to. compensa-
tion has removed or Is about to remove
from the United States. Where the
communication is ordered. the commits
sion shall fix the lump sum to be paid
at an amount which will equal the total
capitalized at their present value upon
the basis Of interest calculated at five