Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-21

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 rates. reserves
and policies: regulating the rights of
dependents. making certain minors Of
full age; providing for the giving and
serving of notices Hereunder; pre-
scribing the manner OF procedure n
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 adj
minister the act and prescribing its
insurance Of the liability OF an employ
er fer 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 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 its provisions
and fixing the time when certain of Its
provisions shall take effect; with an
emergency clause.
Be 1t 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 2. Every employer and every
employee. except as in this act otherwise
| provided, shall be cOnclusively presumed
to have accepted all of the provisions of
this act and respectively to furnish and
accept compensation as herein provided,
| unless prior to the accident he shall have
fled 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 Withdrawing the rejection.
All such notices shall take effect on the
/ 49, NAf 4I,fr raaaftNt 1,rr tIn oo.rr ai-stpr,
They may be sent by mail and the COM
mission shall Immediately acknowledge
receipt thereof. The notice given by this
employe shall take effect upon all em-
| ploYments at which he may then or there
after be employed until the rejection Is
withdrawn, and on application the COM
mission shall inform any employer there
OF. The employe shall also Immediately
inform his employer Of all such notices,
II the same shall not operate as to
any employer until the employee informs
lin Thereof in writing. The commission
shall also furnish to each employer reject
employer shall keep posted in a conspicu-.
Gus place on his premises where it can
be seen by his employees.
Section 3, If both employer and en-
ploye have 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 employee by accident arising out of
and in the course of his employment,
and shah be released from all other liza
bility therefor whatsoever, whether to
the employee or any other person. The
rights and remedies herein granted to an
employee 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 compensation be
allowed for an injury or death due to the
employees or another's willful misconduct
including Intentional self-lnfiicted injury
intoXicathon, and willful failure or refusal
to use a safety appliance or perform a
duty required by statute, or failure to
employer for the safety of the employe.
as to all Of which the burden of proof
shall rest upon the employer.
Section 4. If the employer has elected
not 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 employment it shall
not be a defense that the same was
caused by the negligence of a fellow en-
ploye, or that the employe has ssumed
the risk of the injury or death or that
the same was caused in any degree by
the negligence of the employe. Such de-
Tense shall not be allowed i'll such action
whether or not the employee accepted tits
act, nor shall they be allowed in any pro-
ceeding for compensation under this act
such defenses shall be allowed to an en-
/ PlDf VI. WI llo CiCNkCA ~ dGNCPN A4tlo lAIs
Section 8. Sections two, three and four
of this act shall not apply to e-mployments
of farm labor and domestic servants, in
GLIDING family chauffeurs. The said Sec
tons shall not apply to employments
which are but casual and not incidental
to the operation of the usual business of
the employer, or to employments in which
articles and materials are given out to
be made up, cleaned, washed. altered,
or1amented, finished, repaired or adapted
for sale in the home of the employe or
on premises not under the control or
management of the employer. If the en-
pioyer has less than five employees regu-
larly employed in his business the said
sections shall not apply to such employ
mem unless such employees and their
employers voluntarily elect in the man
ner herein sepecitied to be bound by this
act. Any employer in this section eX-
empted from the operation Of sections
two, three and four Of this act, may
bring himself within the provisions of the
act by fling with the commission notice
of his election to accept the same, and
any employe thereafter entering the serv-
ice of such employer, any employe
remaining in such service thirty days
after such election, shall be conclusively
presumed to have elected to accept this
act unless he shall have filed with the
commission and his employer a written
notice that he elects to reject the anne
Section 6. The word employer" as
used In this act shall be construed to
mean
(a) Every person, partnership, associa-
tion, corporation, trustee, receiver, and
every other person, including any person
or corporation operating a railroad, and
any public service corporation, using the
service If another for pay, and
(b) The state and every county, mu-
nicipal corporation, township, school,
road, drainage, swamp and levee district,
school board, board of education, regents,
sion, board and every other political sub
division, corporation or quas~i-corporatiOn