Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-28

ton TO 1t Of a certified copy of such de-
cision
partial award of Compensation may be
made, and the same may be modified from
time to time. to meet the needs OF the
case and the same may be kept open until
a final award can be made, and II the
same be not complied with, the amount
thereof may be doubled in the final award.
II the final award shall be in accordance
with the temporary or partial award
this act shall be deemed to have been
properly given and served when sent by
registered mail properly stamped and adj
dressed to the person to whom given. at
his last known address, in time to reach
him in due time to act thereon. Notice
may also be given and served in like a
ner as summons In civil actions.
Section 49,. The compensation herein
provided may be COMMITTED by said COM
mission and redeemed by the payment in
whole or In part, by the employer, Of a
lump sum, which shall be fixed by the
commission, but in no case to, exceed the
commutable value of the future INSTALL
ments which ma be due under this act,
taking account of life contingencies, u
payment to be committed at its present
value upon the basis of interest calculated
at four per centum with annual rests,
upon application to either party, with due
notice to the other, If 1t appears that such
Communication will be for the best interest
of the employe or the dependents of the
deceased employe, or that 1t will avoid
undue expense or undue hardship to
either party, or that such employe or de-
pendent has removed or is about to re-
move from the United States, or that the
employer had sold or otherwise disposed
of the greater part of his business or as
sets. In determining whether the com
mutation asked for will be Tor the best
interest of the employee or the dependents
of the deceased employee, or that it viii
avoid undue expense or undue hardship
to either party, the commission will con-
sta ptlv hear in mind that If is the i0ten-
ton of this act hat the compensation
payments are in lieu of wages and are
to be received by the injured employe or
his dependents in the same manners in
which wages are ordinarily paid. There
fore, Communication is a departure from
the normal method of payment and Is to
be allowed only when 1t clearly appears
that some unusual circumstances warrant
such a departure. Communication shall not
be allowed for the purpose of enabling
the injured employe, or the dependents OF
a deceased employe, to satisfy a debt, or
to make payments to physicians, lawyers.
or any other persons.
Section 40. On notice to the other par
ties the commission may permit the en-
ployer to be discharged from further La
bility under any agreement, award or
judgment for compensation by furnishing
to the person entitled thereto an annuity
|yor other obligation, approved by thescom-
mission or court, by which payment is as
sumed by some responsible person, or by
depositing the commutable value thereof
with the commission to be disbursed to
the persons entitled thereto in such man
ner as the commission shall determine.
Section so. (a) After an employee has
received an injury he shall from time to
time thereafter during disability submit to
reasonable medical examination at the re-
quest of the employer, his insurer, the
commission or any of its commissioners,
the time and place Of which shall be fixed
with due regard to the convenience OF
the employe and ihs physical condition
on6# ohtlifU tn otfand L The nTnnInVa NAV
have his own physician present, and If the
employee refuses to submit to such ex-
| animation, or in any way obstructs the
same, his right to compensation shall be
forfeited during such period.
(b) The commission or n OF the COM
missioners, or referees, may appoint a
duly qualified impartial physician to ex-
| anime the injured employe and to report,
his fees and travelling expenses for which
shall be tixed and allowed by the COM
mission and paid as other costs under
this act. If all the parties shall have had
reasonable access thereto, the report OF
such physician shall be admissible in evil
dence.
(c) The testimony of any physician
who examined the employe shall be adj
MISSILE in evidence In any proceedings
for compensation under this act.
(d) Certified copies of the proceedings
before any coroner holding an inquest
over the body of any employe receiving
an injury in the course Of his employ
ment resulting in death, shall be admtssi-
Bile in evidence in any proceedings for
compensation under this act, and 1t shall
of such inquest to the employer and the
dependents of the deceased employe, who
shall have the right to er-oss-examine the
witnesses.
Section 81. All proceedings before the
commission or any commissioners. or ref
cree shall be simple, informal and sum-
mary, and without regard to the technica
rules of evidence, and no defect or irreg-
81 orsfxy fhnrain shall fpNro1iAofa tho sauna
Except as herein otherwise provided, all
such proceedings shall be according to
such rules and regulations as may be
adopted by the commission.
Section So. The commission, or any
commissioner or referee, shall have power
to issue process, subpoena witnesses, ad-
minister oaths, examine books and pa
pers, and require the production thereof,
and to cause the deposition of any witness
to be taken and the costs thereof paid
as other costs under this act. Any party
shall be entitled to process to compel the
attendance of witnesses and the produc-
ton Of books and papers, and at his own
cost to take and use dispositions in like
manner as in civil cases in the circuit
court. Subpoena shall extend to all parts
of the state. and may be served as IN
civil actions In the circuit court, but the
costs of such service shall be as in other
civil actions. Each witness shall receive
the fees and mileage prescribed by law
in civil cases, but the same shall not be
allowed as costs to the party in whose
behalf the witness was summoned unless
the persons before whom the hearing is
had shall certify that the testimony OF
such witness was necessary. All costs
under this act shall be approved by the
commission and paid out of the state
treasury from the fund for the support
of the Missouri workmen's compensation
commission; provided, however, that II
the commission shall determine that any
proceedings before it or any Of its MEM
bers, or before any referee, have been
brought, prosecuted or defended without
Reasonable ground, 1t may assess the
whole cost of the proceedings upon the
party who SO brought, prosecuted or de-
Tended them.
Section IS. If any person subpoenaed
to appear at any hearing or proceeding
fails to obey the command of such sub
poena without reasonable cause, or If any
person In attendance at any hearing Of
cause, refuse to be sworn, or to be ex-
amined, or to answer a question:. OF tc
produce a book or paper or to subscribe
or swear to his deposition, he shall be
deemed guilty Of a m-isdemeanor, and or
conviction thereof shall be punished by q
fine of not more than five hundred dol
lars or by Imprisonment in the county
both such fine and Imprisonment, and
may be prosecuted therefor in any court
of competent jurisdiction. and in case
of a continuing violation, each days con-
~tinuance thereof shall be, and deemed tc
be, a separate and distinct offense.
Section 81. II any party shall die pend
ing any proceedings under this act, the
same shall not abate, but IN notice tc
the parties may be revived and proceed
in favor of the successor to the rights OF
against the personal representatives OIL
the party liable, in like manner as In civil