The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-22

A@FN - AAAnMNA NnD kaIuE
by authority OF the widow or widoWer. the
nearest relative Of the deceased smpioye
In the county Of his death, his personal
Representatives. or the employer. who
shall have the RICH to give such authority
In the order named. All fees and Charges
under this section shall be fair an6 rea-
senaDle, snail De subject TO regulation by
the commission and shall be limited to
Bueh as are fair and reasonable for sim
liar service TO persons Of a like standard
81 nNing. The commission shah also have
jurisdiction TO hear and determine All dis
putes as to such charges. II the deceased
employe leaves no dependents the death
beneht in this subsection provided shall
be the limit OF the liability OF the EN-
ployer under this act on account VI such
death.
tb) The employer h also pay to the
total dependents OF the emplOye . death
benefit OF two-thirds OF his average an
nual earnings for the year immediateb
preceding the injury. but not less tina
Blk dollars a week nor more than tiftCeT
dollars a week for three hundred weeks
leas the number Of weeks during which
compensation for the injury was paid e
the empioye 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.
fc) II there be partial dependents, and
no total dependents, a part Of the death
benfit 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 o. the
injury, shall be paid by the employer to
each OF such dependents proportionGtely
ed The word dependent" as used In
this act shall be construed to mean 3
relative by blood OF marriage OF a de-
ceased employee who Is actually dependent
for support, in whole or in part, upon nis
wages at the time Of the injury. The
following persons shall be conciisiVnly
presumed 70 be solely and totally depend
ent for support upon a deceased employe
J.. A wife upon a husband, and n JUS
band mentally or physically iUcapacitated
from wag earning upon a wife. with
whom he or she is living at the time Of
the injury.
.. A natural, p%osthumous, or adopted
child or children, whether legitimate or
illegttimate, under the age Of seventeen
years, or over that age II physically OF
mentally incapacitated from ware earn
ing, with whom he Is living at the line Of
the death Of such parent, there being no
surviving dependent parent or step
parent. In case there Is more than one
child thus dependent, the death benefit
shall he diVide among them In such pro-
portion as nay be determined by the
commission after considering their a~cs
and other facts bearing on such depend
ency. In all other cases questions OF total
or partial dependency shall be determined
n accordance with the facts. ~ the timA
II fhk inlurR. and In akuch other cares, "
there Is more than one person wholly de-
pendent. the death henefit shall be divided
equal among them.
ts) All death benefits provided for IN
this act shah be paid In Instruments IN
the same manner as provided for disable
ity compensation.
tN) Every employer shall keep \ record
Of the correct names and addresses OF the
dependents Of each Of his employees. so far
a. possible and upon the death Of an ems
ploye by accident arising out OF n In
the course OF his employment. shall Inn
mediately furnish the commission with
the correct names and addresses OF all
deDendentg of such emplOye. ?
Section %. The basis for computing
the compensation provided for in this act
ahall be as follows:
(a) The compensation shall be COM
puted on the basis OF the annual earnings
which the injured person received as
salary, wages, or earnings " IN the en-
plOyment OF the same employer eontinu-
ously during the year next preceding the
injury.
Cb) Employment by the same employer
shall be taken TO mean employment by
the same employer In the grade in which
the employe was employed az the lime OF
the accident, uninterrupted by absence
from work dive TO Illness or any other un-
ayoidable cause.
engaged in the employment Of the same
employer for the fun year Immediately
preceding the accident. the compensation
shal be computed according TO the an
nilal earnings which persons Of the same
class In the same employment and same
location (or II hat be impracticabie, OF
neighboring employments OF the same
kind have earned during such period.
Nd) Al to employees In employmentS N
which4t ls the custom to operate through
out the working days OF the year, the
annual earnings, II not otherwise deter
minable. shall be regarded as 900 times
the average daily earnings In such com
ieC AZ to employees In employments in
which II Is the custom TO operate tor q
mart Of the whole number OF working days
I'M each year. such number. II the annual
earnings are not otherwise determinanie
shall be used instead OF 3Oe as a basis LOT
computing the annual earnings: Provided,
the minimum number Of days which snall
be 40 used for the basis Of the years
work shall be not less than 200.
~ In the case OF injured employySS s
earnlngs OF adult day laborers IN ne same
&. line OF employment In that locality. the
yearly wage shall be reckoned accordiing
10 the average annual earnings Of adults
Of The Rame class in the same Tor II that
Il impracticable then OF neignoorinK) em-
Payments.
(g) Earnings, for the purpose OF this
section, shall be based on the e2rntng1
for the number Of hours commonly re-
Tarded as a days work for that employ
ment. and shan exclude overtime earn
ings. The earnings shall not INCLUDE any
sum which the employer has been ae.
customed TO pay the employe 70 cover
any special expense entalled on MIN by
che nature OF his employment.
hl In computing the compensation "a
he paid TO any emplOye. who, before the
accident for which he claims compensa-
tion. was disabled. and drawing compeen-
cation under the terms 81 this act, we
COMPENSATION for each subsequent lnJury
mai be apportioned according 10 Ine
nroportion Of i%ncapacity and disablnty
caused by the respective injuries Wnlcn
he may have suffered
Am To determine the amount OF com
nensation for each installment period, the
AMOUNT per annum shall be a~scertaiheo
n~urpuant hereto, and such amount ~,
vided by the number OF installment PERIOD
per annum
Section %. The compensation payable
under this act, whether awarded or pu 40
or not. shall not be a~ssignahie, shail o,
sxempt from attachment garnishmen
and execution, shall not be subject 70 set
IN or counttr-claim or be IN any way
NabIe for any debt, and In case OF IN.
aolvency or the levy OF an attacnmeh
or execution snail be entitled TO the SAINT
nreference and priority as claims tol
wages, without limit as TO tlme OF I.
ave that II written notice Is ElVen y
the emplover Of the nature and extern
thereof II such services are toun9, 70 %
necessary. the commission may allow ~
lien On the compensation, ~feasonapl'
sttornev's fees for services In connecuol
Vim the proceedings for compensallYl
md may order the amount tnereoi P"n
direct 70 the attorney N : Mnp sea to
IN indictments. All attorneys lees W
nsrricer IN connection with this act snAi
- subject 70 regulation by the comInls
-Ion ana shall be limited 70 such cnAIse
- 49, fair and reasonable, ana the coin
nteeion NAL have Jurisdiction 70 neA
and determine all DISPUTES concerning ~
same ..,t,ys or Insurance O