The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-08

during the hours Of service as sueh WORK
men. shsii he
construed as amending or repeating w
sfafute or ordinance relating 10 sssoSla
lions or funds for the relief, pehsloinns'
retirement. or other beneht OF nIethsh5
policemen. or other public employees tnea
sviiows children or dependents, or as IN
anv manner interfering with such as
socjations. funds or benefits, now or mere
after established, but any such public em-
ploye. his widow. children or Dependents,
who shall receive compensation un
this act shall have deducted from any
benefit otherwise payable by any pension
or other benefit fund TO which lne mu-
nicipal corporation or other puphS ~
| plover contributes, a part OF such beusht
nronortiOnate 10 the amount then DelhE
Contributed to such fund by such en-
ployer. which deductions shall De HlHue
only during the compensation period. MOI
shall anything in this act be cOhstfuey as
interfering with the right OF any puonJ
emnlove to draw full wages, or cplecl ana
| retain his full fees, so long as he holds MS
office. appointment or employment, Dut
The period during which the same are re-
| ceived after the injury shall be deducted
from the period Of compehsalloh pay
ments due hereunder.
Section 3. In case any employe for
whose injury or death compensation IS
payable under this act shall. at me tlms
Of the injury, be employed ana pala
lOln1IN nN IhU OF iiNNtA NlAlIhNN A1
to this act, such employers small con-
tribute the payment Of such compensa,
Son in the proportion Of their several
Ns.ge liability to such employe. one
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
compensation which Their propofiionate
wage liability bears to the entire Wases
of the emDIpye. Provided. however, that
.a.hfn.r Va chic oanffon uhq1l pFpNpWt HnV
arrangement between such employers Tor
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 SHAH be
liable under this act to such contractor.
his suhrontracts, 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.
Cb) 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 rot Otherwise. In such cases
the landlord or lessor shall he deemed the
employer Of the employees OF the tenant
or lessee.
tcl The provisions OF this section shall
not apply to the owner OF premises upon
which Improvements are being erected,
demolished, altered OF repaired by an in
dependent contractor. hut such independ-
ent 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
(d) In all cases mentioned IN the pre-
cedlng subsections, the immediate con-
tractor or subcontractor SHAH he liable as
an employer OF the employees Of his sub
contractors. An persons 50 liable may be
made parties to the proceedings on the
application OF any party The liability OF
the immediate employer shall be primary.
and that OF the others secondary IN their
order. and any compensation paid by
those secondarily liable may be recovered
from those primarily liable. with attor-
ney's fees and expenses Of the suit. Such
recovery may he had on motion in the
original proceedings.
(e) No such employer shall be liable as
In this section provided. n the employee
was insured by his immediate or any in
termediate employer.
Section II. II a third person not In the
same employ Is also liable. the employe
may elect to hold either the employer or
the third person. Election 20 hold the
third person 81 all release the eplpl0yer
Election TO hold the employer hal OPP
crate as an assignment OF the cause OF
action against the third person which the
employer or his insurer may enforce in
his own name or thar Of the employe. and
In such actions recovery may be- had OF
the amount OF CONDENSATION awarded.
with the reasonable expense Of the suit.
including attorneys ices Election TO hold
the employer shall NOT be deemed to ave
been made until a claim for compensation
is filed with the commission.
Section y. (a) This act shall apply to
all eases within its provisions. except
those exclusively covered by any federal
law.
tbl This act shall apply to all injuries
received IN this state. regardless OF where
the contract Of employment was made.
and also TO all injuries received outside
OF this safe under contract OF employ
ment made in this state, unless the con-
tract OF employment IN n such ease
shall otherwise provide.
Section ID. (a) In addition to an other
compensation the employe shall receive
such medical. surgical and hospital treat
ment. Including nursing, ambulance and
medicines as may reasonably be required
Tor the hrst eight weeks after the injury
or disability, TO cure and relieve from the
eIects OF the injury. and not exceeding
The amount OF two hundred dollnvS IL
the employe desires, he shall haVs the
right to select his own physician. surgeon
or other such requirement at his own
expense. Where such requirements are
furnished by a public hospital or other
institution, payment therefor shall be
made 10 the proper authorities.
Cd mt be shown TO the commission
that such requirements are being fur
nished in such manner that there Is rea-
sonable ground for believing that the life.
health, or recovery OF the employe is en-
dangered thereby, the commission may
order a change In the physician, surgeon.
hospital or other requirement.
(cl All fees and charges under this
section shall he fair and reasonable. shall
ne sub.ect &c regulation by The commits
SION AID shall be limited to such as are
tair and reasonable for similar treatmen
OF injured persons Of a like standard OF
living. The commission shall also have
jurisdiction to hear and determine all dia-
putes as to such charges.
(dl NO compensation shall be PAYABLE
ior the death OF disability Of an employe.
caused, continued or aggravated nv an
unreasonable refusal to submit TO any
medical OF surgical treatment or ouera.
ZION. the RISK OF which is. In the opinion
OF the commission, uncomfortable IN view
OF the seriousness Of the injury. II the
employe dies as a result Of an operation
made necessary by the injury. such death
injury. ~ nv
Who treated the employe shall be admis-
sible In evidence In any proceedings Tor
compensation under this act.
% Every hospital or other person Inv.
nlshing the employe with medical Aid
snal permit It's records to be copied bv
and SHAH furnish full information Ia he
commission, the employer, the employe or
nus dependents and any other party Ia
Any procedures for compensation under
TINS act, and certified copies al e,,eh rec.
ords shall be admissible IN evidence IL
any such proceedings. ~
Section IA. (a) Except as provided in
section IL, no compensation shah he nav
able for the first seven days or less N