Mexico weekly ledger., 1920-10-14

representatives., or the employer. VIII
In the order named. All fees and CHARGE
under this section shall be fair and rea.
sonable, shall be subject to regulation BY
such as are fair aud reasonable for sim.
liar service to persons OF a like STANDARD
81 living The commission shall also have
Jurisdiction to hear and determine ali dis
putes as to such charges. II the deceaseH
employe leaves no dependents the dealt
beneft In this subsection provided shall
be the limit q the liability Of the en-
death.
(b) The employer shall also pay to thu
total dependents OF the employe a dealt
nual earninrs for the year Immediately
preceding the injury. but not less tha'
six dollars a week nor more than f,fteer
dollars a week for three hundred weeks
less the number OF weeks during which
compensation for the injury was paid to
the employe during his lifetime, II there
be payable to partial dependents or any
other person. except an provided in par
agraph tal Of this section.
tc) II there be partial dependents. and
no total dependents, a part OF the death
benft herein provided In the case of total
dependents. determined by the proportion
of hts contributions to all partial depend
ents by the employe at the time OF the
injury, shall be paid by the employer to
each of such dependents proportionately.
(d) The word dependent" as used IN
this act shall be construed to mean a
relative by blood or marriage of a de.
ceased employe who Is actually dependent
for support, In whole or In part, upon his
WAGES at the time Of the injury, The
foilowing persons shall be conclusiVely
presumed TO be solely and totally depend
ent for support upon a deceased employe
/. A wife upon a husband, and a hus-
band mentally or physically incapacitated
from wage earning upon a wife. with
whom he or she In living at the time OF
the injury.
2. x natural. posthumous, or adopted
child or children. whether legitimate or
illeeitimate. under the age Of seventeen
mentally incapacitated from wage earn.
ing, with whom he IL living at the time Of
the dea h OF such parent, there being no
surviving ~dependent parent or stena
child thus dependent, the death benefit
Rhall he divided among them IN such pro-
portion as may he determined by the
commission after considering their aces
and other facts bearing on such depend
ency. IN all other cases questions Of total
or partial dependency shall be determined
in accordance with the facts Mt tho time
OF the injury, and In such other cases, "
there is more than one person wholly de.
pendent. the death benefit shall be divided
equally among them.
(e) Al death benefits provided for In
this net shall he paid In in~E'allmeutF in
the same manner as provided for disAbiI-
ity compensation.
10 Every employer shall keep a record
Of the correct names and addresses Of the
dependents Of each of his employees. so far
ms posa BILE and upon the death Of an en-
pluyc ty accident arising out Of and In
the course Of his employment, shall Inn
fpcdtatciy furnish The commission with
the correct rames and addresses Of all
dependents Of such employe,
Section -. TIT has \ for computing
the compensation provided for In this act
shah he % follows
ial The compensation shall he com
puted on the basis OF the annual earnings
which the Injured person received as
salary, wa ,cs, or earnings II IN the EN-
pioyment OF the same employer Continu-
ous,y during the year next preceding the
injury.
tb) Employment by the same employer
shall he taken to mean employment hy
the same employer In the grade In which
the employs was employed at the time OF
the accident, uninterrupted by absence
from work due 70 Illness or any other un-
Hyoldablc cause.
(cl II the injured person has not been
ENGAGED In the employment Of the same
employer for the full year immediately
preceding the accident. the compensation
shall he computed according to The an
hual earnings which persons Of the same
class In the same employment and same
location tor IL that be impracttcable OF
neighhorlnE hmploymeutB Of the same
kind have earned during such period.
Id As to employees In employments IN
which II is the custom TO operate through
out the working days OF the year, the
annual earnings, " not otherwise deter
minnblo. shall he REGARDED az 900 times
w akt Nhils ~ p'llhF ~ NAN" NN''
(el Ns to employees In e"mployments in
which II is the custom To operate for n
part OF the whole number of working days
In each year. such number, II the annual
earnings are not otherwise delcrmlnahle,
shall be used instead of 3au as n lasis Tor
computing the annual earnings. Provided,
tho minimum number Of days which EhaH
be 40 used for the basis Of the years
work shall he not less than goo,
10 In the case Of Injured employees
who earn either no wage or less than the
earnings Of adult day iaborers IN the am
line Of employment In that locality. the
yearly ware shall he reckoned according
TO the average annual earntnps OF adults
OF the same class in the same Tor II that
Is imprRcIictble then of netrhborinE) EN-
pigments
(gl EARNINGS, for the purpose OF this
section. shall be based on the earnings
for the number Of hours commonly re-
gardad as a days work Tor that employ
ucnt, and shall exclude overtime earn
tnEs, The earnings shall not include any
yum which the employer has been ac-
customed to pay the empi9ye TO cover
any special expense entaIled on MN ny
the nature OF his employment.
IN In computing the compensation 10
be paid to any enlploye,, who, before me
accident for which he claims compensa-
ton, was disabled. and drh wing coInpcti-
ration under the terms # this act, lle
compensation for each subsequent INJURY
shall he appurtiuned ACCORDING TO tie
proportion of inCHpHcity and disability
caused by the respective injuries which
he may have suffered.
% TO determine the amount OF COM
pensation for each inBtallment period. the
amount per annum shall be HsCeTtalncd
pursuant hereto, and such amount al
vided by the number of installment period
section 20. The compensation payable
under this act. whether awarded or due,
or not. shall not be a~ssignable, shall be
EXEMPT from attachment, BarnlshInent
and execution. shall not be subject to set
of or Counter-Claim or be IN any way
liable for any debt. and In case OF in
solyency or the levy OF an attachment
or execution shall he entitled to the same
preference and priority as claims for
wages, without limit as TO time or amount,
save that II written notice is gwen 10
the employer of the nature ana extent
thereof. IL such services are iound 10 De
necessary, the commission may allow as
a lien on the compensation reason9ple
attorneys fees for services In connection
with the proceedings for compensation
and may order the amoInt thereon pald
direct to tho attorney in a lump sum or
in installments. All attorneys fees Tor
servIcea i'm connection with this act shall
he subject to regulation by the commits
sion and shall he limited to such charges
ms are fair and reasonable, and the COM
mission shall have jurisdiction TO near
and determine all disputes concerning the
same.
the injured cmploye, or any benefit de-
rived from any other source than the en-
uloyer or the employers insurer for la
biuty under this act. shall be considered
in determining the compensation due
hereunder. .i,n .,