The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-22

" ANlEAA ~ 1NN 80 ~ Er.-E"
10 connection herewith; presffiplnG
th1 powers m duties OF the commits
sion and the courts IN connection there.
with; ~regulating the Charges for medical
AID, burial expenses and attorneys
fees: prescribing the rights, duties and
liabilities Of the employers insurer
and regulating insurance rites, reserves
and policies; regulating the rights OF
dependents. making certain minors OF
full age; providing for the giving and
serving OF notices Hereunder, pre-
soTihlng the manner Of procedure and
the limitation on proceedings thereun-
DER; providing the means Of enforcing
awards and the manner and extent TO
which the same may be reviewed by
the courts; creating the Missouri work
mems compensation commission TO ad-
minister the act and prescribing its
powers and duties; providing for the
insurance Of the liability Of an employ
en- for injury or death OF his employees.
by Insurance carriers authorized TO
transact this class OF Insurance In the
state or by self-insurance; providing
a tar on Insurance premiums to defray
the expense OF administering the act;
repeating all acts or parts of acts incon-
Histenf herewith; prescribing penalties
for violations OF certain OF its provisions
and fixing the time when certain Of its
proyisi1ns shall take effect; with an
emergency clause.
BE Il enacted by the General Assembly
u the State OF Missouri. as follows;
Section l. This act shall be known as
the Workmen's compensation act.
Section 2. Every employer and every
employe, except as In this act otherwise
provided. shall be conclusively presumed
g. have accepted al OF the provisions Of
this act and respectively to furnish and
accept compensation as herein provided,
unless prior to the accident he shall have
filed with the commission a written notice
that he elects to reject this act. The pre-
sumption OF election shall be re-estab-
lished by filing with the commission a
written notice withdra wing the rejection.
All such notices shall take effect on The
day Of their receipt by the commission.
They may be sent by mail the com-
mission shall Immediately acknowledge
receipt thereof. The notice given by tht
empioye shall take effect upOn all EN-
%ployments at which he may then or there
after be employed until the rejection is
Withdrawn. and on application the com
mission shall inform M employer there
Of. The empIoye 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 Thereof In writing. The commission
shall also furnish to each employer reject
ing the act . notice thereof. which the
employer shall keep posted n a conspicu-
Gus place on his premises where 1t can
be seen by his employees.
Section .. II both employer and en-
ploye have elected 70 accept the provis-
ions OF this act, the employer shall be
nIeh compensation under the provisions
OF this act for personal injury or death
OF the empioye BY accident arising out Of
and In the course Of his employment,
and shaa be released from all other ia
biuty therefor whatsoever, whether 10
the employe or any other person. The
and remedies herein granted to an
etnpioye shall exclude all other rights and
OF such employe. her husband,
wife, parents. personal representatives,
dependents, heirs, or next kin. at common
or otherwise. on account Of such in
Jury or death. Nor shall compensation be
allowed for an injury or death due to the
employees or %another's wiIlfUl misconduct
including intentional se%lf-inficted injury
intoxication, and willful failure or refusal
to use a safety appliance Or perform a
duty required by statute. or failure TO
obey any reasonable rule adopted by the
employer for the safety Of the employe,
ss to all Of which the burden OF proof
shall rest upon the employer.
Section 4. II the employer has elected
TO accept he provisions OF this act,
IN n action to recover damages for
personal injury or death OF his employe
In the course OF his employ nent il shah
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
the same was CAUSED in any degree by
the negligence OF the emplo.e. Such de-
Tense shah not be allowed in such action
whether on not the employe accepted this
act, mo- shall they be allowed H. amy pro-
for compensation under this act
defense shall be allowed to an EN-
ployeT who has elected to accept this act.
Section s. Sections two, three and four
Of this act shall not apply 10 employments
farm labor and domestic servants. in
eluding family chauffeurs. The aid sec
shall not apply to smployments
which are but casual and not Incidental
10 the operation Of the usual business Of
the employer, or to employments in which
and materials are given out TO
be made up, cleaned, wasted. altered.
ornamented, finished. repaired or adapted
for sale in the home OF the cmploye or
pn premises not under the control or
management OF the employer. II the en-
has less than five employees reRu-
lafly employed In Ids business the said
snail not apply to u employ
ment unless such employees and their
employers voluntarily elect In the man
ner herein sepeeihed to be hound by this
act. ANY employer In this section ex-
from the operation OF sections
two, three. and fonf OF this act, may
bring himself within the pro, isions Of the
by fling with the comm lesion notice
Of his election to accept the same, and
any employe thereafter entering the Rerv-
Ice OF such employer. and any employe
remaining in such service thirty DAYS
after such election, shall be concTusfvely
presumed to have elected t0 accept this
act unless he shall have hled with the
commission and his employer a written
notice that he elects to reject the same.
Section 3. The word employer" AZ
used IN this act shall be construed to
tal Every person. partnership, associa-
tien, corporation. trustee, receiver, and
every other person, including any person
or corporation operating a railroad, and
any public service corporation, using the
service ~ another for pay. and
(b) The state and every county mu-
nioipal corporation, township. school.
road, drainage, swamp and levee district.
school board. board OF education. regents.
c%urators. managers. or control, commits
sion, board and every other political sub
division. corporation or quasi-corporation
thereof, all OF which public employers are
hereby made liable to furnish compensa-
lion under the provisions Of this act for
personal injury or death OF their employees
by accident arising out OF and In the
course OF their employment. without Ike
right Of such public employers TO elect Ia
reject the provisions OF this act. but such
liability shall not exist II the employe
elects TO reject this act.
tel Any reference to the employer n
alsb include his insurer
Section z. (a) The word 'employe''
as used in this act shall be construed Ia
mean every person In the service Of any
employer as defined in his act. under
any contract OF hire, express or implied.
oral or written. but shall not include per-
sons whose average annual earnings ex-
coed three thousand dollars. nor officials
Of political subdivisions. Any reference
10 any employe who has heen injured
.A.n .aN.. eAa ...Al.s.. H. f..a 80 -
ciude his personal representatives, de-
pendents. n other persons TO whom