The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-15

being performed, or where their ser ses
requires their presence as a part or zen
services az the time Of the MUIR -
during the hour Of service as such ~ork-
Section s. Nothing in this act shall be
construed as amending or repeating any
statute or ordinance relating to assoclA-
tons or funds for the relief, pensioning,
4 retirement. or other benefit Of firemen.
policemen, or other public employees, their
widows, children or dependents, or as IN
, any manner interfering with such as
sociations. funds or benefits, now OF here
after established, but any such public EN-
ploye, his widow, children or dependents,
who shall receive compensation unde
this act shall have deducted from m
benefit otherwise payable by any pension
or other benefit fund to which the mu-
nicipal corporation or other public em-
ployer contributes, a part OF such beneht
proportionate to the amount then being
contributed to such fund by such en-
ployer. which deductions shall be made
only during the compensation period. NOR
shall anything in this act be construed as
interfering with the right OF any public
employe to draw full wages, or collect and
retain his full fees, so long as he holds his
office, appointment or employment, but
ceived after the injury shall be deducted
from the period Of compensation pay
ments due hereunder.
Section 8. In case any ensploye for
NAlOCE ltlQIJ VI uEAAA compensation IN
payable under this act shall, at the time
OF the Injury, be employed and paid
jointly by two or more employers subject
TO this act. such employers shall con-
tribute the payment OF such compensa-
ton In the proportion OF their several
rSge liability 10 such employe. II n
or more but not all of such employers
should be subject TO this act, and other
wise subject to liability for compensation
hereunder. then the liability OF the entire
communication which fbpfr nrnnOrtfOnQfa
wage liability bears 10 the entire wages
OF the employe: Provided, however. that
nothing in this section shall prevent any
arrangement between such employers for
a different distribution, as between them
selves. OF the ultimate burden Of such
compensation.
Section 10. (a) Any person who has
work done under contract on or about his
premises which is an operation Of the
usual business which he there carries on,
shall be deemed an employer and shall be
liable under this act 10 such contractor,
his ~Eubcontracts. and their employees,
when injured or killed on or about the
premises OF the employer while doing
work which is in the usual course OF his
business.
o. The provisions OF this section shall
apply to the relationships OF landlord and
tenant, and lessor or lessee, when created
for the fraudulent purpose Of avoiding
liability. but nor otherwise. In such cases
the landlord or lessor shall be deemed the
employer OF tile employees Of the tenant
or lessee.
(c) The provisions OF this section shall
not apply TO the owner OF premises upon
which improvements are being erected,
demolished, altered or repaired by an in
dependent contractor, 5ut such lndepend-
emit contractor shall be deemed to be the
employer OF the employees OF his subcon-
tractors and their subcontractors when
employed on or about the premises where
the principal contractor is doing work.
() In all cases mentioned in the pre-
cedinR subsections, the Immediate con
tractor or su~bcontractor shall be liable as
an employer Of the employees Of his sub
contractors. All persons 50 liable may re
made parties 70 the proceedings on the
application Of any party. The liability Of
the mmediate employer shall be primary,
and that OF the others secondary In their
order, and any compensation paid BY
those s~econdarlly liable may he recovered
from those primarily liable. with attur-
ney's fees and expenses OF the suit. Such
recovery may be had on motion in the
PROCEEDINGS.
(el No such employer shall be liable as
In this section provided. II the employee
insured by his immediate or any in
termediate employer.
Section n. II a third person not IN the
employ IL also liable. the employe
may elect TO hold either the employer or
the third person. Election 10 hold the
third person shall release the employer. |
Election TO hold the employer shall OPP
crate as an assignment OF the cause OF
action against the third person which the
employer or his insurer may enforce ia
his w name or thai Of the esnploye and
N such actions recovery may be had OF
ne amount OF compensation awarded.
the reasonable expense Of the suit Z
including attorneys fees. Election TO hold
ne employer shall not be deemed 10 have
been made until a claim for compensation
is filed with the commission.
section II. ta) This act shall apply to
all cases within its provisions. evcept
those exclusively covered by any federal
law.
(bl This act shall apply to all injuries
in this state. regardless Of where
the coRtract of employment was made.
ana also TO all injuries received outside
this state under contract OF employ
lnent made In this state, unless the con-
tract Of employment In any such case
otherwise provide.
Section 10, taB In addition 10 all other
compensation, the employe shall receive |
medical surgical and hospital treat.
ment. Including nursing. ambulance and |
medicines az may reasonably be required
Tor the first eight weeks after the Injury
disability, to cure and relieve from the |
effects OF the injury. and not exceeding
amount Of two hundred dollars. II
the employe desires. he shall have the |
right 10 select his own physician. surgeon
or other such requirement at his own
.NHNN.Nf NhNA NltA ItNNlItmttllk are |
furnished by a public hospital or other
payment therefor shall be |
To- the proper authorities.
~ II II be shown 10 the Commission
MAJ such requirements are being fur
nished In such manner that there Ia rea-
ground for believing that the life |
health, OF recovery Of the employee Ia en-
uapgered Thereby, the commission ma
order q change In the physician, surgeon, /
hospital OF other requirement.
(Cl All fnQe and rhown.. ..S.- - /
section shall be fair and reasonable. shall
subject 70 regulation by the commis-
sion, aud shall he limited 10 such as are
lair ana reasonable for similar treatment
z, INJURED persons o. a ike STANDARD OF
ilvlnK. The commission shall also have /
jurisdiction TO hear n determine All dis
as 10 such charges. uII1
tdl No compensation shall be payable
Tor the death or disability OF an employe.
II and In so far as the same NAV he
caused. continued or aggravated ~ An
unreasonable refusal to submit to any
medical or surgical treatment or opera-
ton, the risk Of which Is, 10 the opinlon
oi me commission, uncomfortable IN view
OF The seriousness of.the injury. IN the
employe dies as a result OF an Operation
necessary BY the injury. such death
"S
ne Se' ,r The testimony q any ~physicisn
Die In evidence IN any proceedings for
compensation under this act.
~ Every hospital or other person mr.
nishing the employe with medicai Ala
n permit its records 70 be copIedlbv
and shan furnish fun ipformaiiah- tssthsl
commission. the employer. the iemplhve a.
hls dependents and any other party IA
proceedinxs tor compensation under
MS act. and certified copies 81 euch rec.
orde shall be admissible In evidence ~
any such proceedings. tS
Section 4 a. Except ~ proyided in