The Republican journal. [volume] (Belfast, Me.) 1829-current, 1919-04-10

be filed with the policy terminating
the interim.
IL Any employer desiring to be-
come an asserting employer as herein
provided. may file with the commission
nus written assent in such form as
nishing satisfactory proof to the con-
mission of his Solvency and financial
ABILITY to pay the compensation and
5 1e herein provided. aud upon the
deposit OF cash, satisfactory Securt-
ties or a bond, as the commission may
determine. such bond to run to the
treasurer of state and his successor
IN once, in such sum as said commits
SION may determine and shall be con-
dltional upon the faithful perform
ance of all the provisions of this act
relating TO the payment of compensa-
TONS and benefits TO any injured en-
posted it shall be placed at interest
by the treasurer of state and the ac-
emulation of interest on said cash or
securities so deposited shall be paid
provided, however, that the commits
sion may at any time in their discre-
ton deny TO an asserting employer the
right to continue in the exercise of the
option granted by this paragraph.
III. Upon the filing of such assent
and complying with the provisions Of
paragraph I or II of this section, the
commission shall issue to such en-
pipSSl Il CtIIlIC6lb stating JIdt SUCH
employer has conformed to the pro-
visions of this act. and setting forth
the date on which the policy filed IN
der paragraph l expires. The certifi-
cate thus issued shall remain in full
force until the date of the expiration
of such policy or renewal thereof or
until withdrawn a 8 provided in Para
graph II, or until the employer assent
ing under paragraph II shall notify
the commission that he withdraws his
assent, or files an industrial accident
policy in place of the securities so de-
posted by him.
" Subject to the approval of the
commission, any employer may con-
tinue with his employees in lieu of the
compensation and insurance provided
by this act the system OF Compensa-
ton, benent or Insurance which was
used by such employer on the first day
of January, nineteen hundred and
fifteen. No such substitute system
shall be approved unless II confers
benefits upon injured employees at
least equivalent to the benefits proVi-
ded by this act, nor if it requires
contributions from the employees, IN
less it confers benefits in addition to
those provided under this act at least
commensurate with such Contribu-
lions. Such substitute system may be
terminated by the commission ON rea-
sonable notice and l earring to the in
terested parties if il sraH appear that
the same is NoI Ia !EIT administered, or
defects threaten 'ng its sOlVency; CT If
Tor any substantial reason It fans u
accomplish the purposes of this act,
An employer who is authorized 10 sub
Stitute a plan under the provisions OF
this section shall give his employees
notice thereof n a form to be pre-
scribed by the commission, and a
statement of the plan approved shall
be flied with the commission.
V A notice in such form as Il e
commission approves, stating that the
employer has confOTmed to the pro
visions of this act, and the date II
the expiration Of the pollcy Med TO
gether with such further matters as
the commission determines, shall toe
posted by the employer and kept post
ed by him at some place IN each OF
his mills, factories or, place Of bust
ness, conspicuous and accessible 10
his employees. For wilfu! failure to
post such notices, the employer shall
be subject to a penalty Of ten dollars
per day for every day of such WIiful
neglect. to be recovered hv complaint
or indictment. Sucn failure to 50 post
notices shall not, however affect the
rights or liabilities OF the employer
or the employee hereunder.
Sec. I. An employee OF an employer
who snail have elected to become sub
iect to the provisions of this act as
provided in section six Of TINS act
shall be held to have waived his right
Of action At common law to recover
under section nine Of chapter ninety
two or under sections f1ftY-one to
fftv-eicht both Inclusive, Of this
CHAPTER. If he shall not have given hts
ernDlover at the time Of his contract of
hire notice in writing that he claimed
such right. and within ten days there
after have filed copy thereof with
the commission or, if the contract OF
hire was made before the employer
SO elected, if the employee shall not
have given the said notice and tled
the same with said commission within
ten DAYS after notice by the employer,
as above provided of SuCn election,
and such waiver shall continue IN
force for the term of one year. ana
thereafter without further act on ms
part, for successive terms or one year.
each unless such employee shall at
least sixty days prior to the eNplra-
ton Of such first or any succeeding
year file with the said commission a
notice in writing to the effect th9t ne
desires to claim his said right of ac-
ton at common law and within ten
days thereafter shall give notice there
at an age illegally permitted under
the laws OF this state shall be deemed
sui juris for the purpose Of this act
and no other person shall nave any
cause of action or right TO compehsa-
ton for an injury to such minor EN-
plovee except as expressly provided
in this act; but if sand minor shan
have q parent living or guardian,
such naFent OF pudTttdlA, d. lllF NeI77V
may be, may give the notice and ME
a copy of the same as herein provided
by this section, and Such notice shall
bind the minor III the same manner
that adult employers are bnund under
the provisions of this act. In case no
such notice is given, such miuor shall
be held to hive waived his right OF
action at con mon law, or under tho
statutes above referred to, to recover
damages for personal INJURIES Any
employee, or the parent or guardian
of any minor employee, who has given
notice to the employer that he claimed
his right of action at common law, or
under the tatutes above referred to,
may waive such claim by a notice in
writing whicl shall take effect i've
DAYS after the delivery to the employ
err or his agent,
Sec. 5. No compensation shall be
allowed for the injury OF death Of an
employee whore it is proved that his
INJURY or death was occas!oned by his
wilful intention to bring about the in
jury OF death of himself or Of another,
or that the same resulted from his
INVESTIGATION While on duty. This pro-
vision as to intUxicatiOn shall not ap-
ply, if the employer knew or in the
exercise Of ordinary care might have
known that the employee was intox-
Icated or that he was in the habit of
becoming intoxicated while on duty.
Sec .. NO compensation except
medical surgical and hospital services,
nursing, and medicines ard mechanical
surgical aids as provided in section
ten of this act shall be paid there
under during the first ten days after
the accident. If incapacity exists at
the expiration of ten days, compensa-
ton shall begin on the eleventh DAY.
If incapaclty arises after ten days.
compensation shall begin on the date
such lncapacity begins.
Sec. 10. During the first thirty DAYS
after the accident the employer shall
promptly furnish reasonable medical,
surgical and hospital services, nurs-
ing and medicines and mechanical sur
gical aids when they are needed The