Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-09-30

liabilities OF The employers insurer
and regulating insurance rates. reserves
and policies; regulating the rights Of
dependents making certain minors OF
fun age: providing for the giving and
serving of notices Hereunder; pre-
s SET me manner 2 OF Rreceo1re ano
der, providing the means of enforcing
awards and the manner and extent to
which the same may be reviewed by
mems Compensation commission to aSS
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 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 it's 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
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
They may be sent by mail and the COM
mission shall Immediately acknowledge
raratnt fhaa.aof Tho u0fipa pjyap nv fhA
employee 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withdrawn, and on application the COM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 any employer there
of. The employee shall also Immediately
inform his employer of all such notices.
and the same shall not operate as to
him Thereof in writing. The commission
shall also furnish to each employer reject
ing the act a notice thereof, which the
employer h keep posted in a conspicu-
GUS place on his premises where 1t can
be seen by his employees.
Section g.. 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 LA
bility therefor whatsoever, whether to
the employee or any other person. The
rights and remedies herein granted to an
employe shall exclude all other rights and
remedies of such empleye, 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 infiieted injury
intoxication, and willful failure or refusal
~ ---- -
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 employee
not be a defense that TIE 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 negligence of the employee, such de-
Tense shall not be allowed in such action
whether or not the employe accepted this
act, nor shall they be allowed in any pro-
ceeding for compensation under this act
such defenses shall be allowed to an en-
ployer who has elected to accept this act.
Section 5. Sections two, three and four
of this act shall not apply to employments
VI ! diho SUI NollkDs IA
Guiding family chauffeurs. TIL said Sec
lions shall not apply to employments
which are but casual n 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 specified 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. MAJ
bring himself within the provisions of the
act by filing with the commission notice
of his election to accept the same, n
any employe thereafter entering the sefv-
Ice of such employer, n 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 AVE 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-
ton, corporation, trustee, receiver, and
every other person, including any person
or corporation operating a railroad, n
any public service corporation. using the
OBJ 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-corporatfon
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 employe
elects to reject this act.
(c) Any reference to the employer shall
| also include his insurer.
Section Z. (a) The word "employe"
| as used In this act hall be construed to
mean every person in the service of any
employer as defined in this 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
to any employe who has been injured,
shall, when the employe is dead, also in
clude his personal representatives, de-
pendents, 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.
(b) The word accident as used in
this act shall, unless a different meaning
is clearly indicated by the context, be
construed to mean an unexpected or UNI
forseen event happening suddenly and