Mexico weekly ledger., 1920-10-14

|, fees; prescribing the rights, dutles anu
I and regulating insurance rates, reserves
l and policies; regulating the rights OF
dependents, making certain minors OF
fun age; providing for the giving ana
scribing the manner OF procedure ana
the limitation on proceedings thereun-
; der: providing the means OF enforcing
awards and the manner and extent TO
4 which the same may be reviewed by
) the courts; creating the Missouri work
mems compensation commission to ad-
minister the act and prescribing It's
Insurance Of the liability Of an employ
, err for injury or death Of his employees.
by insurance carriers authorized 70
transact this class Of insurance In the
state or by self-lnsurance; providing
a tax on insurance premiums to- deiray
the expense of administering the act
repeating all acts or parts OF acts neon
sistent herewith: prescribing penalties
for violations OF certain OF Its provisions
and fixing the time when certain OF It's
provisions shall AXE effect; with an
emergency clause.
Be II enacted by the General Assembly
OF the state OF Missouri as follows
Section /. This act shall be known as
the workmen's compensation act.
Section 2. Every employer and every
empkoye. except as In this act otherwise
provided, shall be conclusively presumed
to have accepted all of the provisions OF
this act and respectively to furnish ana
accept compensation as herein provided.
unless prior to the accident he shall have
filed with the commission a written notice
that he elects to reject this act. The pre-
sumption OF election shall be re-estab-
llshed by filing with the commission a
written notice Withdrawing the rejection.
All such notices shall take effect on Inc
day OF their receipt by the commission.
They may be sent by mail and the com
mission shall Immediately acknowledge
receipt thereof, The notice given by thu
employe shall take effect upon all EN-
rlOyments at which he may then or there
after be employed untll the rejection is
withdra wn, and on application the com.
mission shall inform any employer there
Of. The employe shall also immediately
inform his employer of all such notices.
and the same shall not operate MS to
any employer untu the employe informs
him Thereof In writing. The commission
shall also furnish to each employer reject
ing the act a notice thereof, which the
employer shall keep posted in n conspicu-
GUS place ~ his premises where 1t can
be seen by his employees.
Section 3. II bOth employer and en-
ploye nave elected to accept the prorls-
Ions OF this act. the employer shall he
liable, irrespective OF negligence. to fur
nish compensation under the provisions
of the employe by accident arising out Of
and in the course Of his employment,
and shall be released from all other la
htlity therefor Whatsoever, whether to
Tue tInIlbgt Vi any blutT pei sun. lllt
rights and remedies herein granted to nm
emplOye shall exclude all other rights and
remedies of such employe, her husband.
wife. parents. personal representatives.
dependents, heirs, or next kin, at common
law or otherwise, on account of such in
jury or death. Nor shall compensation be
allowed for an injury or death due to the
employees or another's willfll misconduct
including intentional self-intiicted injury
intoXiCatnn, and wtllful failure or refusal
to use IL safety appliance or perform a
duty required by statute. or failure TO
obey any reasonable rule adopted by the
employer for the safety of the employe.
as to all Of which the burden of proof
shall rest upon the employer.
Section 4. II the employer has elected
not to accept the provisions Of this act,
in any action to recover damages for
personal injury or death OF his employe
in the course of his employment It shall
not be a defense that the same was
caused by the negligence of a fellow EN-
ploye, or that the cmplOye has assumed
the risk of the injury or death or that
the same was caused in any degree by
the negligence of the employe. Such de-
tense shall not be allowed in such action
whether or not the emnloye accepted tbs
act, nor shall they be allowed In any pro
ceeding for compensation under this aCl
such defenses shall be allowed to an EN-.
f ployer who has elected to accept this act
Section 5. Sections two, three and fOuI
Of this act shall not apply to employments
of farm labor and domestic servants. in
Guiding family chauffeurs. The said sec.
tions shal not apply to employments
which are but casual and not incidenta
to the operation of the usual business OF
the employer, or to e~mployments in which
articles and materials are given out Il
( be made up, cleaned, washed, altered
ornamented, finished. repaired or adapted
for sale in the home OF the emplOye 81
on premises not under the control o.
management OF the employer. II the EN-
ployer has less than five employees regu'
, larry employed In his business the sale
sections shall not annly 10 SlpN anDlpv.
ment unless such employees and theil
employers voluntarily elect in the man
ner herein sepecitied to be bound by thi'
= act. Any employer in this section ex'
, empted from the operation of section.
I two, three and four OF this act. ma,
| bring himself within the provisions of tn
act by filing with the commission MOTTO
2 of his election to accept the same, ant
n employee thereafter entering the serv
ice of such employer, and any employ
] remaining in such service thirty day
4 presumed to have elected to accept thi
= art unless he shall have filed with tn,
commission and his employer n writer
= section StG On g. w The word az" "e.npIoyer" a
= used in this act shall be construed t
mean
e (a) Every person. partnership, associa
t ton, corporation. trustee, receiver, an
: every other person. including any persoI
= or corporation operating a railroad. an
e any public service corporation. using tn
S service If another for pay, and
(b) The state and every county mu
nicipal. corporation, township, schoo
= road, drainage, swamp and levee district
= school board, board of education, regent:
n curators, managers, or control, commits
e sion, board and every other political sub
r division, corporation or quasi corporate
r thereof, all of which public employers ar
s hereby made liable to furnish compensa
h ton under the provisions Of this act TO
e personal injury or death of their employe
by accident arising out of and in tn
n course of their employment. without tn
= reject the provisions of this act, but sue
= liability shall not exist il the employ
elects to reject this act.
(c) Any reference to the employer sha
also include his insurer.
Section Z. ta) The word ''employe
= as used in this act shall be construed t
= mean every person in the service of an
any contract Of hire. express or lmplie,
!: oral or written, but hall not include per
sons whose average annual earnings eX
coed three thousand dollars, nor official
of political subdivisions. Any referenC
to any employe who has been injured
d shall, when the employee is dead, also III
q clude his personal representatives, de
h pendentS, and other persons to Whor
y compensation may be payable. The wor
employe shall also include all minor EN-
ployes, and all such minor employees ar
hereby made of full age for all purpose
under, in connection with or arising Oh
= of this act.
(b) The word accident" as used i
this act shall. unless a different meanin
., is clearly indicated by the context, b
construed to mean an unexpected OF un
Al f%orseen event happening suddenly an
J. violently, with or without human faul
l. and producing at the time obiectiv
l. symptoms OF an injury. The terms in