Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-04-05

that is of not more than ten and not
less than four dollars week, as pro-
vided for total or partial disability.
Section II No proceedings for COM
pensation for an injury under this act
shall be maintained unless notice 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
ter death or the removal of such physi-
cal or mental incapacity.
Section IS Such notice shall be in
writing and shall state in ordinary Ian
of the injury, and the name and address
of the person injured and shall be
signed by the person injured, or by
person in his behalf, or. in the event
tives. or by dependent or by a per
son in behalf Of either.
Section 19. Such notice shall be
served upon the employer, or upon one
than one, or, if the employer is a cor
porarioE, upon any officer or agent upon
whom process may be served or by
leaving il at his last known residence
or place Of business, or by sending il
by registered mail addressed TO the per
son 10 he served, or in the case Of i
corporation. to the corporation itself,
al his or its last known residence or
The notice shall constitute completed
service.
Section 20. A notice given under the
provisions of this act shall not be held
invalid or insufficient by reason of any
lnaccuracy i'll stating the nature, time,
place or cause Of the injury, or the
name and address of the person in
jured, unless it is shown that il was
the intention to mlslead and the en-
ployer was in fact misled thereby.
proceedings under this act, if II be
shown that the employer or his agent
had knowledge of the injury, or thai
failure to give such notice was due 10
accident. mistake or unforeseen cause
Section 81. The employee shall after
the injury, at all reasonable times cur
ing the continuance of his disability.
If SO requested by his employer, sub
physician or surgeon authorized 10
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 physician or SUI
geon selected and PAID for by himself
present at such examination of which
righI the employer shall give hlm no.
tlce wneR requesting such examination.
The chairman of the commission may
at any time after the injury appoint d
competent and impartial physician or
surgeon to act as a medical examiner,
and the reasonable fees of such meQl-
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
peace, or any clerk of the supreme 1u-
dictal 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
lure. extent and probable duration OF
the injury. Such medical examiner shall
ME report OF every examination made
of such employee IN the office Of the
commission, and a copy thereof CERT
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-
pioyee under the provisions OF this act
II such employee refuses to submit him
self 10 examination provided for in this
act or In any way obstruct any such
examination. his rights TO coTnpensa-
tion shall be suspended and ms, com
pensation during such period Of sus-
pension may be forfeited
Section 90. No savings or insurance
OF the injured employee independent Of
this act, shall he taken into conside1'a-
ton in determining the compensation
TO be paid hereunder, nor shall benefits
derived from any other source than the
employer he considered III fixing the
compensation under this act.
Section IS. 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
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
has no guardian.
Section "a No agreement by an en-
ployee. except as provided ia section
thirty. to waive his rights to compen-
sation under this act shall be valid.
No claims for compensation under this
act shall be ASST enable, or subject to
attachment, or liable in any way for
debt.
Section %. Employers who hire
workmen within this State to work out
side of the State, may agree with such
workmen that the remedies under TINS
act shall be exclusive as regards in
Juries received outside this State By
accident arising out of AND in the
course OF such employment: and all
contracts OF hiring In this State shall
be presumed TO include such an agree
nent.
Section &c. When any injury for
which compensation is payable under
this act shall have been sustained I'M
der circumstances creating il some
other person than the employer a legal
liability 10 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
pensatlon is claimed and awarded I'M
der this act, any employer having paid
the compensation or having become liza
ble therefor shall be suhroEated to the
rights of the injured employee TO re-
cover against that person, provided. if
the employer shall recover from such
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-
sat1on under this act, and any decree
OF any such claim, shall be entitled to
a preference over the unsecured debts
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 inlpairing any lien which the
employee may have acquired.
Section IS. 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 10 a lump sum. Such petition
shall be considered by the commission
and may be summarily granted where
II 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
son ar persons receiving or dependent
upon such compensation, or that the
continuance of weekly payments will,
as compared with lump sum payments.