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

NA& 1AAAkNIINl mUO
shall have the RICH to give s1ch authority
In the order named. All fees and charges
under this section shall be fair and rea-
Bonable, shall be subject to regulation by
the commission and shall be limited To
such as are fair and reasonable for sim
uar service to persons of a like standard
81 living, The commission shall also have
Jurisdiction TO hear and determine all dis
putes as TO such charges. II the deceased
$mpioye leaves no dependents the death
beneht in this subsection provided shall
De the limit of the liability Of the en-
ployer under this act on account VI such
death.
Obj The employer shall also pay to the
total dependents Of the einploye a death
benefit Of two-thirds OF his average an
nuai earnings for the year Immediately
preceding the injury. but not less thai
six dollars a week nor more than ffteet
dollars a week for three hundred weeks
less the number Of weeks during whlcl
compensation for the injury was paid Il
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.
co 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 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 proportionately.
"H W. hG. VI HMA1HQlAANAlI 40 oGA III
this act shall be construed to mean q
relativ 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 conclrslvely
presumed to be solely and totally depend
eDt for support upon a deceased employe
l. A wife upon q husband, and a hus.
band mentally or physically incapacitRted
from wage earning p O q wife, with
whom Ne or she is living at the time Of
the injury,
A natural, posthumous, or adopted
child or children. whether legitimate or
Alegitimate, under the age Of seventeen
years. or over that age II physically or
mentally incapacitated from wage earn
ing, with whom he is living at the time OF
surviving dependent parent or step
parent. In case there Is more than one
child thus dependent the death heneht
shall be divided among them in such pro-
portion as may be determined by the
commission after considering their ages
and other facts bearing on such depend
ency. In, all other cases questions OF total
or partial dependency shall he determined
IN accordance with the facts al the time
Of the injury, and In such other cases, II
there is more than one person wholly de-
pendent, the death benefit shall be divided
equally among them.
(e) All death benefits provided for in
this act shall be paid in ms ailments IN
the same manner as provided for disabil-
tty compensation.
l(f) Every employer shall keep a record
Of the correct names and addresses OF the
dependents of each Of his employees, so far
as possible and upon the death OF an en-
ploye by accident arising out OF and in
the course Of his employment. shall Inn
mediately furnish the commission with
the correct names and addresses Of all
dependents Of such employe.
Section 20. The basis for computing
The compensation provided for in this act
shall he al fOllOwR.
(a) 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 the en-
ployment OF the same employer c%ontinu-
oasly during the year next preceding the
injury.
(b) Employment by the same employer
shall be taken TO mean employment by
the same employer in the grade In which
the employe was employed at the time OF
the accident. uninterrupted by absence
from work due 10 illness or n other UNI
avoIdable cause.
(c) IL the injured person has not been
engaged Ia the employment Of the same
employer for the full year Immediately
preceding the accident. the compensation
shall be computed according 70 the an
nual earnings which persons OF the same
class In the same employment and same
location Tor II that be impracticable, OF
~neighboring employments OF the same
kind have earned during such period. -
Md Al 10 employees In employments In
which II IL the custom to operate through
out the working days OF the year, the
annual earnings, II not otherwise deter
minable, shall be regarded as 800 times
the average daily earnings in such COM
putationa
fe) AZ TO employees in employments in
part Of the whole number Of working days
In each year, such number, II the annual
earnings are not otherwise determinable'
shall DO used Instead OF 900 rs a Dasis I9r
computing the annual earnings: rTSViaedi
be so used for the basis OF the year,
work shall be not less than 2OO.
10 In the case Of injured employees
EARNING OF adult day laborers In the same
line OF employment In that locality, the
yearly wage hal be reckoned accordtng
10 the average annual earnings OF sdults
Of the same class In the same tor u tns'
ia impracticable then Of neighboring) en-
Payments.
(g) Earnings. for. the purpose OF this
section, shall be based on tho earnings
Ter the number Of hours commonly re-
sarded g. a days work Tor ma, employ,
lnrs. The earnings shall not Include any
sum which the employer has been &C.
customed 10 pay the employe 10 covel
any special expense ~entailed on MN oS
the nature Of his employment
(h) In computing the compensation y
he paid to any employe. who, before th'
accident for which he claims compenhh'
zion. was disabled, and drawing compeh-
cation under the terms OF TINS acI tnt
compensation for each subsequent nnur,
rhali be apportioned according 20 6ns
Droportiun OF incapacity and disaplilty
caused by the respective injuries Whict
he may have suffered. Z
lu ia determine the amount OF com
pensation for each installment period, tn'
amount per annum shall be aseerthlne'
pursuant hereto. and such amount az
vided by the number OF mstalinleht per'o'
per annum. (,
section %. The compensation payable
under this act, whether awarded or que
~ not. shall not be assignable. shal %
exempt from attscnment' ~ sn ~.
on or claim or be In any Va
liable for any debt, and IN case on ~,
aolvency or the levy Of an atttchmel
~ execution shall be entitled 10 me sAni'
preferences and priority ~ amoun,
ave that II written notice " gwen =
~ emuloyer Of the nature ana eASeh
thereof II such services are touhq " ~
necaseary, the commission nay AnoM q
A lien on the compensAtion. Ien,
Sttorneylt fees for services In connecuo,
LII the PROCEEDINGS for compensat9,
~nd may order the amount thereon PAY
Airect 10 the attorney N = lu.np ~" y
~ indictments. All attorney ices ~
~~ervlcee in connection with nv ~. sns
- nnbiect TO regulation BY the cemmls
and shau be limited 10 such charge
49, fnir and reasonable, and the SoW
-s,e-son ehall have jurisdiction 70 hse
and determine all disputes coneerhine Va
same. - a. ,oarrsuce q
Sninred employe, or any beneht uo
49, srcn any other source than tne Ky
- az the employers insurer TOT ~
kiiitv under this act, ehen ps Svns AN