Mexico weekly ledger., 1920-10-07

representatives, or the employer, who
IN the order named. An fees and cht4ges
under this section shall be fair and rea-
Bonablc. shall be subject to regulation by
such as are fair and reasonable for sim
liar service to persons Of a like staVlard
Of living. The commission shall also have
jurisdiction TO hear and determine all dis
putes as to such charges. II the deceased
employe leaves no dependents the death
benefit In this subsection provided shall
be the limit of the liability Of the em-
ployer under this act on account OF such
death.
Cb) The employer shall also pay TO the
total dependents OF the empioye a dca,n
benefit OF two-thirds Of his average an
nual earnings for the year immediately
preceding the injury. but not less h
six dollars a week nor more than fifteen
dollars a week for three hundred weeks.
Compensation for the injury was paid to
the employe during his lifetime. II there
be total dependents no compensation shall
be payable TO partial dependents or any
other person, except as provided In par
agraph (a) OF this section.
tc) II there be partial dependents; and
no total dependents, n part of the death
benht herein provided II. the case Of total
dependents, determined by the proportion
of his 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. proportlonately.
i'd The word dependent as used In
this act shall be construed 20 mean q
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
following persons shall be conclusively
presumed to be solely and totally depend
ent for support upon n deceased employe:
A wife upon a husband. and a hus-
band mentally or physically incapacitnted
from wage earning upon n WIFE with
whom he or she Is lIving at the time OF
fhA injury.
2...K natural. p~oathumous. or adopted
child or Childrcn. whether legitimate or
years. or over that x II physically or
mentally incapacitated from wage earn
leg, with whom ne ia living at the time OF
the death Of such parent. thete-heing no
parent. In case there IL moro than one
child thus dependent. the death henoht
shah be divided among them tn such pro
portion as may be determined by the
commission after considering their ages
aud other facts bearing on such depend
ency. In all other cases questions OF totai!
or partial dependency shall ho determined
in accordance with the facts at the time
OF the injury. and In u other cases, II
thore Is more thar one person wtOliy nc.
pendent, the death benefit shall be divided
equally among them.
te) All death benetts provided Tor IN
this net shah be paid In installment9 IN
the same manner as provided Tor disapI-
fly compensation,
~ Every employer shall keep n record
Of the correct names and addresses az the
dependents Of each Of his employees, so iar
as possible and upon the death Of an en-
ployo by accident arising out Of and IN
tho course of his employment, snail nm
mcdiatcly furnish tho commission with
the correct names aud addresses OF all
dependents of such cmployc.
Section o.. The basis for computing
the compensation provided for IN TINS act
shall be ne follows.
ta) The compensation shall be COM
puted on the basis Of the annual earnings
which the injured person received as
salary. wages. or earnings II III inc tni-
pluyuent Of the game employer Cohthnl-
cusly during the year next preceding the
as Employment by the same employer
shall he taken 10 mean employment ny
The same employer in the grade In which
the empioye was employed at the time OF
the accident, uninterrupted by absence
from work due to Illness or any other I'M
y BVuidable cause,
fcC II the injured person has not been
engaged in the employment OF the same
employer Tor the, fuil year immedia.Sty
shall he computed according to the an
nunl earnings which persons OF the same
class in the same omploynent ana sany
neighboring employmeuts OF the sam
kIud) have earned during such period =
tai Az 10 employees In cmploymients "
which II In The cuStom to operate throueh-
out the working days OF the year, tne
annual earnings, II not otherwise deter
mlnable, shall he regarded as juu tinef
the average daily earnings In such com
'tst As TO employees in c~mployments II
which II il the custom to operate Tor q
mart OF the whole number OF working DAYS
In ench wear. such number, II the annua
earnings are not otherwise deterfninable
shall be used instead of 800 as n basis i9l
computing the annual earalnss; LF cb sbai
bs no used for the basis Of the year.
work shall he not less than IVY.
~ In the case OF injured empdoySe
who earn either no wage or less IMAM IN
EARNINGS OF adult day laborers In me Sam
lire OF employment In that locality. w.
yearly wage shall be reckoned accordini
10 tho average annual earnings OF adult
OF the same class in the same tor u Una
is impracticable then Of neighhorinH) EN-
pigments. 81,
section. shall he based on the earning
for the number Of hours commonly re
Carded as a days work for that employ
fnCnt. and shall exclude overtime earn
inra The earnings shall not include an
sum which the employer has been &c
customod TO pay the empioye TO cove
the nature OF his employment. ,
fh) In computing the compensation !
be paid TO any employe,, VINO, before Va
accident for which he CLAIMS comlpems"
tlon was disabled, and drawing compeh
satIon under the terms OF THIS act, IN
compensation for each subsequent lh'u.tn
shali be apportioned ACCORDING 70 ~
PROMOTION OF 1HGdIdtiNS $50
caused by the respective Injuries whic
he may have suffered on
u( To determine the amount OF cor
pensatlon for each installment period tr
amount per annum shall be asceItalns
nrrsuant, hereto, and such amount d
vided by the number of tnstallmeht perle
Section "a. TIL compensation payab
under this act, whether awarded or az
or not. shall not be assignabie, snan
exempt from attachment, garnlshflel
and execution, shall not be subject to Sc
off or counter-claim or be In any VIZ
liable for any debt, and In case OF u
solvency or the levy OF an attachIhe'
or execution shall be entitled 10 Inc san
nreference and priority as claims u
wages, without limit as to time. or anou'
EaVe that IL written notice IL gwen
the employer of the nature ana exc,
thereof, II such services are fouhd 70
necessary, tho commission may ahom
a lien on the compensation, eaTncti
attorneys fees for services IN connecti'
with the proceedings for compensate
and may order the amount tnereol pa
direct TO the attorney In a lump sum
In installments, All attorneys fees !
services in connection with this act sni
be- subject to regulation by the comm
aion and shall be limited TO sucn chaIs
as are fair and reasonable, anu tne IUoaI
mission shall have jurisdiction 70 ~ =
and determine all disputes CONCERNING !
same. n,,rouco
the Injured employe. or any, nenent =
rived from any other source than me 81 II
ployer or the employers insurer i9E u
biuty under this act, shall De consiueas
in determining the compensation u
hereunder. o,ooti,o