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

ton al common law. or under the stat
utes above referred to, to recover dam
ages for personal injuries Any en-
ployee Or the parent or guardian of
any minor employee, who has given no
tice 10 the employer that he claimed his
right OF action at common law. or IN
der the statutes above referred to. MAY
waive such claim ~ a notice in writing
which shall take effect FIVE days after
agent.
Section g. No compensation shall be
allowed for the i25ui.s- or death of an
employee where il is proved that his
INJURY or death was occasioned by his
Wll1ui intention TO bring about the in
Jury or death Of himself or Of another,
Or that the same resulted from his in
fcXcaton while on duty. This provi
son as 10 intoxication shall not apply,
If The. employer knew or in the exer-
else Of ordinary care might have known
that the employee was intoxicated or
that he was in the habit Of becoming
intoxicated while on duty.
Section 3. No coynpe-
as provided by section ten OF this act
shall be paid under this act for any
injury which does not incapacitate the
employee for a period OF at least two
weeks from earning full wages, but. II
such iIcapacity extends beyond the pc
rloo Of TWO weeks. com pensation shall
begin Oh the fifteenth day after the in
jury.
section IL. DEr1FE the HTSI Two
weeks after the injury the employer
s6aQ furnish reasonable medical and
hospital services, and medicines when
they are needed, but the amount OF
the charge for such services and inedi-
cines shall not exceed the sum of thirty
dollars. unless II case OF major Surgl-
cal operations being required, and the
employer and employee being unable
10 agree upon the same, the amount 10
be allowed for such medical services
or medicines shall be fixed by the com
mission upon petition by either party
setting forth the facts.
Section II. If an employee who has
not given notice Of his claim of com
mon law or statutory rights or action.
or who has given such notice and has
waived the same. as provided IN sec
sonal injury by accident arising out of
and IN The course of his employment,
he shall be paid compensation as here
matter provided. by the employer who
shall have elected to become subject
TO the provisions of this act.
Section IL. If death results from
the injury, the employer shall pay the
dependents Of the employee wholly de-
pendent upon his earnings for support
at the time OF his injury a weekly pay
nent equal TO one-half his average
weekly wages, earnings, or salary, but
not more than ten dollars nor less than
four dollars a week, for period Of
three hundred weeks from the date Of
the injury; provided, however, that if
the dependent OF the employee TO whom
the compensation shall be payable upon
his death is the widow OF such en-
ployee upon her death the compensa-
ton thereafter payable under this act
shall he paid to the child or children
Of the deceased employee. including
adopted ana step-chilGren, under the
age Of eighteen years, or over said age
bat physically or mentally incapacitated
from earning, are dependent upon the
widow at the time Of her death. In
lS.r-E * y / lS
dependent. the compensation shall he
divided equally among them II the
employee leaves dependents Only partly
dependent upon his earnings for support
al the time IF his INJURY, the employer
shall pay such dependents Tor period
Of three hundred weeks from the Gate
Of The INJURY q weekly compensation
equal to the same proportion Of the
weekly payments herein provided for
the benefit Of persons wholly dependent
on the amount contributed annually by
the employee to such partial depend
ents bears 10 the annual earnings OF
When weekly payments have been
mace to aL injured employee before his
death, the compensation 10 dependents
shall begin from the date Of the last
OF such payments. but shall not con
tlnue more than three hundred weeks
from the date Of the INJURY. Pro
vided, however. that if the deceased
leaves no dependents at the time Of the
injury. the employer shall not be liza
Bile TO pay improvisation under this act
except as specifically provided In sec
ton thirteen Of this act.
Section IS, If the employee dies as
result Of the injury. leaving no de-
pendents al the time of the injury, the
employer shall pay, in addition 10 any
the reasonable expense Of his lasr sick
ness and burial, which shall not eX
coed two hundred dollars.
Section j. While the incapacity for
5rr,.r-
tai, the employer shall pay the injured
employee q weekly compensation equal
u une-half lis average weekly wages,
earnings o. salary. but not more than
ter dollars nor less than four dollars
a week, and in no case shall the pc
roo covered 10y such compensation be
greater than five hundred weeks from
TIE date Of the injury, nor the amount
more thar three thousand dollars. In
tie following cases il shall for the
purposes Of this act, be cuncluslVely
presumed that the injury resulted III
permanent total disability, to wit. The
total and irrevocable loss Of sight in
both eyes, the loss OF both feet at or
above the ankle, the loss Of both hands
at or above the wrist the. loss of one
hand and one foot, an injury to the
spine resulting in permanent and COM
plete paralysis OF the legs or arms, and
an injury to the skull resulting in in
durable imbecility or insanity.
Section -. While the incapacity for
worn resulting from the injury is par
tial. the employer shall pay the in
1ured employee a weekly compensation
equal TO one-half the difference be
tween his average weekly wages earn
lngs or salary, before the injury and the
average weekly wages. earnings or
salary which he is able TO earn there
after, but not more than ten dol
lars q week: and in no case shall the
period covered by such compensation
he greater than three hundred weeks
from the date of the injury.
Section IL. In cases included in the
following schedule the disability III each
such case shall be deemed to be total
for the period specified and after sucn
specified period If there be a partial in
capacity for work resulting from the
injury specified. the employee shall re-
ce1ve compensation while such partial
incapacity continues under the provi-
slons Of section fifteen. but IN no case
shall compensation continue more than
three hundred weeks after the injury
Juries hereinafter specified shah be as
follows, TO wit:
For the loss of a thumb one-half
the average weekly wages during fifty
weeks
For the loss Of the first finger. com
monty called the index finger, one-half
the average weekly wages during thirty
weeks
For the loss Of the second finger, one
half the average weekly wages during
twenty-five weeks.
For the loss of the third finger, one
haf the average weekly wages during
eighteen weeks.
For the loss of the fourth finger. com
monty called the little finger, one-hslf
the average weekly wages during fifteen