Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-28

sion and the courts In connection there
with; regulating the charges for medical
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 minor OF
full age providing for the giving and
serving Of notices Hereunder; pre-
scribing the manner OF procedure and
the limitation on proceedings thereun-
der; providing the means Of enforcing
awards and the n 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
powers n duties; providing for the
Insurance of the liability of an employ
er 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 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 it enacted by the General Assembly
of the. State of Missouri, as follows,
Section /. 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
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 nave
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 Withdrawing the rejection.
All such notices shall take effect on the
day of their receipt by the commission.
mission shall Immediately acknowledge
receipt thereof. The notice given by thu
employee shall take effect upon all en-
ployments at which he may then or there
after be employed until the rejection is
withdrawn, n on application the com
mission shall inform any employer there
Of. The employee shall also Immediately
inform his employer of all such notices,
and the same shall not operate as to
any employer until the employee informs
him Thereof in writing. The commission
shall also furnish to each employer rejee0
ing the act a notice thereof, which the
employer shall keep posted in a conspicu-
Gus place on his premises where 1t 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 employe by accident arising out of
and in the course of his employment,
and shall be released from all other liza
bility therefor whatsoever, whether to
the employe or any other person. The
rights and remedies herein granted to an
employee shall exclude all other rights and
remedies of such employee, her husband,
wife, parents, personal representatives,
dependents. heirs, or next kin, at common
law or otherwise, on account Of such in
4f4rrY Ae nntln Mo- zl.al -
allowed for an injury or death due to the
employees or another's willful misconduct
including intentional self-inficted injury
intoxicaton, 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.
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 assumed
the risk of the injury or death or that
the same was caused in any degree by
the negligence of the employee. Such de-
Tense shall not be allowed in such action
whether or not the employee accepted this
act, nor shall they be allowed in any pro-
CSeulNS lot compensation unQer LnlS act
such defenses shall be allowed to an en-
ployer who has elected to accept this act,
Section 8. Sections two, three and four
of this act shall not apply to employmepts
Of farm labor and domestic servants, in
Guiding 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,
ornamented, finished, repaired or adapted
for sale in the home of the employee or
on premises not under the control or
management of the employer. If the en-
ployer has less than five employees regu-
larly employed In his business the said
sections shall not apply to such employ
ment 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 filing with the commission notice
of his election to accept the same, and
any employee thereafter entering the serv-
ice OF such employer, and any employe
remaining in such service thirty days
after such election, shall be conciusively
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 same.
Section 6. The word employer as
used in this act shall be construed to
mean
ta) Every person, partnership, associa-
htion. 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,
curators. 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-
ton 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 the
right of such public employers to elect to
reject the provisions OF this act, but such
liability shall not exist If the employee
elects to reject this act.
(c) Any reference to the employer shall
also include his insurer.
Section 7. (a1 The word ~"employe''
as used in this act shall be construed to
mean every person in the service of any
employer as defined in this act. unde,
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
to n employe who has been injured,
shall, when the employee is dead, also in
clude his personal representatives, de-
p%endents, and other persons to whom
compensation may be payable. The word
employee shall also include all minor en-
ployes, and all such minor employees are
hereby made Of full age for all purposes
under, in connection with or arising out
OF this act.
C) The word accident" as used in