The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1915-04-08

(a) If the injured employee has
worked In the same 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 pre-
ceding his injury, his average weekly
wages" shall be three hundred times
the average daily wages, earnings or
salary which he has earned In such
employment during the days when so
employed and working the number of
in such employment, divided by ffty-
two But where the employee Is en-
ploycd regularly during the. ordinary
working hours concurrently by two or
more employers. for one of whom he
works at one time and for another he
works at another time. his average
weekly wages" shall be computed as
IL the wages. earnings or salary re-
ceived by him from all such employers
were wages. earnings or salary earned
m the employment Of the employer for
whom he was working at the time of
the accident
so worked in such employment during
substantially the whole OF such imme
diately preceding year, his average
weekly wages" shall be three hundred
ings or salary which an employees of
the same class working. substantially
the whole of such Immediately preced-
ing year In the same or similar en-
pIOymCnt, IN the Same OF q OOTluB
place, has earned In such employment
during the days when SO employed and
working the number OF hours consti-
tuting ii full working day In such en-
ployment. divided BY ffty-two.
methods of arriving at the average
weekly wages, earnings or salary" of
the injured employee cannot reason
ably b and fairly be applied. such aver,
such sum as. having regard to the
previous wages, earnings or salary Of
the injured employee and OF other en-
ployees Of the same or most similar
class. working in the same or most
similar employment in the same or q
neighboring locality, shall reasonably
represent tho weekly earning capacity
OF the injured employee at the time
of the accident in the employment in
which he was working at such time.
Cd Where the employer has been
accustomed to pay to the employee q
sum to cover any special expense in
CURED by said employee by the nature
shall not be reckoned as part of the
employees wages. earnings or salary.
(e) The fact that an employee has
compensation therefor. shall not pre-
clude compensation for later injury
or for death; but In determ lining the
compensation for the later injury or
death. his average weekly wages"
represent his weekly 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
tions Of the previous provisions of this
section.
In the sections of this act relating
to notices and procedure. all powers
obligations imposed upon employers or
employees, shall inure to the benefit of
and may be exercised by guardians of
minors or other incapacitated persons
ceased persons
Section 2. In an action to recover
damages for personal Injuries sus-
tained by an employee In the course
sulting from personal injury so sus-
tanned 1t shall not be a defense (a)
that the employee was negligent; OBJ
that the injury was caused by the neg
ligence of \ fellow employee: Co that
the employee had assumed the risk of
the injury.
Section g. The provisions of section
two shall not apply to employers who
atives regularly in the same business.
and In case of the employer being en-
gagged in more than one kind of bust
ness. in one of which he employs five
or more worknen or operatives regu-
larly, and in another employs five or
that he elects TO become subject to
the provisions, of this act shall not
bring him within the provisions of 1t
as to any such business in which he
employs five or less workmen or opera
tives. and at the time of electing to be-
come subject to the provisions of this
act. If engaged in more than one kind
of business he shall specify the bust
ness or busine sscs in which he is en-
gagged and concerning which he desires
to come under the provisions hereof.
Section 4. The provisions of this
act shall not apply to actions to re-
cover damages for personal injuries or
for death resulting from personal in
iurics sustained by employees engaged
in domestic service or agriculture. or
in the work of cutting, hauling. raft
ing or driving logs.
Section 5. The provisions of section
two shall not apply to actions to re-
cover damages for personal injuries or
for death resulting from personal in
iuries sustained by employees of an
employer who has elected to become
subject to this act in the manner pro-
Vided in section six hereof. In the
case of personal injury sustained by
an employee In the course of his en-
ployment or Of death resulting from
personal injury so sustained. asserting
employers shall be exempt from suits
either ct common law or under sec
ton nine, chapter eighty-nine. of the
revised statutes, or chapter two hun
dred fifty-eight of the public laws OF
nineteen hundred nine
Section 6. |. Any employer desir-
ing to become an asserting employer
rs herein provided. may file with the
Commission 1T its office in Augusta,
his written assent In such form as the
Commission approves and also file
with said comm ssion a copy of an in
dustrial accident insurance policy In
any stock or mutual insurance COM
pany or association authorized to do
business in the State of Maine. said
policy being stamped with the ap-
proval of the Insurance Commissioned