The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-15

fning the rights and liabilities Of I'm
ployerg and employees electing to accepf
or reject the act, and OF third persons
In connection tnerewith; prescribing
the powers and duties OF the commits
sion and the courts In connection there
with. regulating the charges for medical
aid, burial expenses and attorney
fees; prescribing the rights. duties anc
liabilities of the employers insurer
and regulating Insurance rates. reserves
and policies, regulating the rights oil
dependents, making certain minors OF
full age; providing for the giving anc
serving Of notices Hereunder; pre-.
scrihing the manner of Procedure I'M
the limitation on proceedings thereun-
der: providing the means of enforcing
awards and the I'M and extent "a
which the same may be reviewed py
the courts; creating the Missouri work
mems compensation commission 10 adj
minister the act and prescribing its
powers and duties; providing for the
Insurance of the liability OF an employ
err for injury or death Of his employees,
by insurance carriers authorized Ia
transact this class Of insurance In the
state or by self Insurance; providing
a tax on insurance premiums to defray
the expense OF administering the act;
repeating all acts or parts Of acts incon-
sistent Herewith; prescribing penalties
for violations OF certain Of IFS provisions
ard fixing the time when certain Of Its
provisions shall take effect, with an
emergency clause
BE II enacted by the General Assembly
Of the State Of Missouri, as follows:
Section 1. This act shall be known as
the workmen's compensation act
Section O.. Every employer and every
employe, except as In this act otherwise
provided, shall be conclusively presumed
70 have accepted AZ Of the provisions Of
this act and respectively 10 furnish and
accept compensation as herein provided,
unless prior TO the accident he shall have
filed with the commission q written notice
that he elects to reject this act, The pre-
sumption Of election shall be re-estah-
lished by Ming with the commission a
All such notices shall take effect on the
day Of their receipt by the commission.
They may be sent by mail and the com
mission shall Immediately acknowledge
employe shall take effect upon all EN-
ployments at which he may then or there
after be employed until the rejection Is
withdra wn, and on application the com.
mission shall Inform any employer there
OF, The employe shall also Immediately
inform his employer OF all such notices,
and the same shall not operate as to
any employer until the employe informs
him therof in writing, The commission
shall also furnish to each employer reject
ing the act a notice thereof, which the
employer shall keen posted II a c~onspicu-
Gus. place on his premises where ii can
be seen by his employees.
Section .. II both employer and en-
pioye nave elected to accept the prOvis-
ions OF this act, the employer shall be
liable, irrespective Of negligence. TO fur
nish compensation under the provisions
OF this act FOR personal injury or death
OF the employe by accident arising out OK
and IN the course OF his employ ment,
and shall be released from all other LA
bility therefor whatsoever, whether TO
the employe or any other person. The
rights and remedies herein granted 10 an
e1nploye shall exclude all other rights and
remedies Of such employe, her husband,
wife, parents, personal representatives,
dependents, heirs, or next kin, at common
law or otherwise, on account Of such in
jury or death. Nor shall compensat ton be
allowed for an injury or death due TO the
employees or another's willfui misconduct
including Intentional self Inflicted injury
lntoxication. and willful failure or refusal
TO use a safety appliance Jr perform a
required by statute, or failure 10
obey any reasonable rule adopted by the
employer for the safety OF the employe.
to all or which the burden Of proof
shall rest upon the employer.
Section 4. II the employer has elected
TO accept the provisions OF this act,
in any action to recover damages for
personal Injury or death OF his employe
IN the course Of his employ .nent II ahall
be a defense that the same was
caused by the negligence OF a fellow en-
ploye. or that the employe has assumed
the risk OF the injury or death or that
me same was caused in airy degree by
TIE negligence OF the employ G. Such de-
Tense shall rot be allowed III such action
or not the employee accepted this
act, nor shall they be allowed In any pro-
seeding Tor compensation under this act.
slch defenses shall be allowed to an en-
who has elected to accept this act.
Section .. Sections two, three and four
this act h not apply to e~mployments
farm labor and domestic servants, in
,luding family ~chauf1eurs. The said see
shall not apply to. ~employments
Nhicn are bur casual and not Incidental
o the operation OF the usual business OF
he employer, or to -employmants in which
irticleS 0nd materials are given out To
De made up, cleaned, washed. altered.
lrnamented, flushed. repaired or adapted
or safe m the nome OF tn employe or
management OF the employer. II the en-
a less than five employees regu-
arly employed IN his business the said
shall not apply to such employ
ment unless such employees and their
employers voluntarily elect in the man
ler herein sepeciiied to be bound by this
ANY employer in this section .ex-
arnpted from the operation OF ACTIONS
three and four OF this act, may
oring himself within the provisions Of the
act py ming With the commission notice
y MS election TO accept the same. and
any employe thereafter. entering the serv-
&c OF such employer. and any employe
remaining in such service thirty dRvs
Utter such election. shall be conciuslvely
presumed TO have elected to accept this
aft unless he shall have filed with the
and his employer n written
notice that he elects to reject the same.
section 8. The word EMPLOYER as
ised In this act shall be construed 10
(a) Every person. partnership. assocla-
Ion, corporation, trustee, receiver. and
every other person, including any person
lr corporation operating a railroad and
public service corporation. using the
service NJ another for pay. and
OBJ The state and every county. mu-
corporation. township, school,
DAD, drainage, swamp and levee district.
school board, board Of education, regents.
TRAITORS. or control contmis-
sion, board and every other political sub
ilVision. corporation or quasi corporation
hereof. All OF which public employers are
made liable to furnish compensa-
Ion under the provisions OF this act Tor
personal injury or death OF their emnloyes
accident arising out Of aud In the
OF their employment. without the
OF such public employers 10 elect e.
reject the provisions OF this act, but such
labllty shall not exist II the employs
Alectn 10 reject this act.
tc) Any reference 10 the employer shall
also include his inquirer.
Section Z (a) The word "efhploy6"
~ used IN this act shall be construed 10
avery pereon In tho service Of any
employer ~ defined Ia this act. undet
any contract OF hire, express or Implied.
Dral or written. but shall not include per-
whose average ANNUAL earnings eE-
three thousand dollars nor nfffciais
u political subdivisions. Any reference
% any employs who has been injured.
shall, when the employe is dead, also Ia.