The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1919-04-24
NO. 159
AN ACT TO AMEND CERTAIN
SECTIONS OF THE GENERAL
LAWS, RELATING TO WORK
MEMS COMPENSATION.
. IS hereby enacted by the Genera

|, is hereby enacted by the Genera
Assembly OF the State OF Vermont:
Section l. The first paragraph OF
section $3.50 of the General Laws is
hereby amended so as 10 read as fol
lows
Sec. s78S. Compensation; specific
benefits In case OF the following IN
juries, the compensation shall be fifty
per cent Of the average weekly wage OF
the injured employee during total dis
ability, to be computed as provided III
section FIVE thousand seven hundred and
ninety, and at the termination OF the
total disability occasioned by said IN
juries, the employer shall pay to said
injured employee fifty per cent OF the
average weekly wages, computed as
above, and subject to the maximum and
minimum as provided in section fiye
thousand seven hundred and eighty-fve,
for the periods stated against such in
iuries respectively, but in no case to ex-
coed the period Of two hundred and
sixty weeks, which compensation shall
be in lieu of all other benefits except
those provided in section five thousand
seven hundred and eighty
Sec. 2. Section s788 OF the General
Laws, is hereby amended by adding at
the end thereof new subdivision as
follows
XXI. In event an employe shall re-
ceive an injury which results in the per-
manent impairment OF any physical func-
ton not herein specifically mentioned,
the commissioner OF industries shall de-
terminc the percentage Of loss and
ward compensation accordingly.
Sec. 3. Section 500 of the General
Laws is hereby amended so as to read
as follows
Sec 500 Average weekly wages
shall be computed in such manner as
is best calculated 10 give the average
weekly earnings Of the workman dur
ing the twelve weeks preceding his in
Jury; provided that where, by reason
OF the shortness OF the time during
which the workman has been IN the en-
ployment, or the casual nature OF the
employment, or the terms OF the en-
ployment, il is impracticable to compute
the rate Of remuneration, regard may
be had TO the average weekly earnings
which, during the twelve weeks previous
to the injury, were being earned by a
person in the same grade employed at
the same work by the employer OF the
injured workman, or il such person
is not so employed, by person IN the
same grade employed in the same class
OF employment and in the same district.
Ii workman al the time OF the injury
is regularly employed III higher grade
OF work than formerly during the twelve
weeks preceding such injury and with
larger regular wages. only such larger
wages shall be taken into consideration
in computing his average weekly wages,
II during said period Of twelve weeks
an injured employee has been absent
from his employment on account of
sickness. then only such time during
said period as he was able 10 work shall
he taken into consideration IN determin-
Ing his average weekly wage
Sec. 4 Section s7oo OF the General
Laws is hereby amended so as 10 read
as follows
Sec. szo6 A proceeding under the
provisions OF this chapter tor compen-
saiion shall not be maintained unless a
notice Of the injury has been given TO
the employer as soon as practicable after
the happening thereof. and unless a CLAIM
for compensation with respect 10 an m
Jury has been made within SIX months
after the date Of the injury, or. IN case
OF death. then within six months after
such death. whether or not claim has
been made by the employee himself tor
Such notice and such
claim may he gwen or made by any per-
son claiming to be entitled TO compen-
ss,ion or by some one IN his behalf. II
81 compensation have been
made voluntarily the making OF claim
within such period shall not be required.
But in case, through mistake Of law
or fact. tnii or suits shall have been
brought 10 recover damages m any court
ard final Judgment IS against The eri-
ployec. the above limitation shall not
begin TO run until SIX months after such
sui, OF suits shall have been finally
Sci. {. Section sso3 Of the General
| Avs Is hereby amended 50 as to read
as follows
Sex. sSo9 II the compensation Is not
fixed by agreement. either party may
apply 10 said commissioner for hearing
aud award in the premises ard said
commissioner shall SCI a time and place
fof hearing and give a. least sis days
aetice thereof 70 the parties Snch
hearing thAiI be held Al the county seat
IN the county within which the injury