Mexico weekly ledger., 1920-10-07

Il Will ENku idlltB llt NllAiEtH " iANAANa
aid, burial expenses and attorneys
fees; prescribing the rights, duties and
liabilities OF the employers insurer
and regulating insurance rates, reserves
pnd policies; regulating the rights OF
dependents. making certain minors OF
fun & e providing for the giving and
serving OF notices Hereunder; pre-
scriblng the manner OF procedure and
der; providing the means Of enforcing
awards and the manner and extent to
which the same may be reviewed by
the courts; creating the Missouri work
mems compensation commission to ad-
minister the act and prescribing its
powers and duties; providing for the
Insurance of the liability of an employ
err for injury or death of his employees,
by insurance carriers authorized to
transact this class of insurance In the
state or by self-insurance; providing
q tax on insurance premiums to defray
the expense of administering the act;
repeating all acts or parts of acts incon-
sistent herewith: prescribing penalties
for violations Of certain of its provisions
and fixing the time when certain of its
provisions ahall take 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 compensation act.
Section 2. Every employer and every
employe. 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 and
accept compensation as herein provided.
unless prior to the accident he shall have
MED with the commission a written notice
that he elects to reject this act. The pre-
sumption of election shall be re-ostab-
lished by filing with the commission a
written notice withdrawing the rejection.
Al u notices shall take effect On the
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-
pioynents Mt which he may then or there
after be employed until the rejection is
Withdrawn, and on application the com.
mission shall Inform any employer there.
or. The .einploye shall also Immediately
INFORM his employer of all such notices.
ana tho same shall not operate as TO
any employer until the employe informs
him Thereof in writing. The commission
shail also furnish to each emgloyer reject
ing the act 2 notice thereof, which the
employer shall keep posted in a conspIcu-
GUS place on his premises where it can
be seen by his employees.
section j. If both employer and cm-
have elected to accept the provis-
liable, irrespective OF negligence. to fur
hish compensation under the provisions
OF this act for personal injury or death
Of inc employe by accident arising out of
and IN the course of his employment,
and shall be released from all other liza.
Dility therefor whatsoever, whether to
nc employe or any other person. The
rights ana remedies herein granted to an
empioye shall exclude all other rights and
of such employe, her husband,
VIE, parents, personal representatives
~epenuents heirs. or next kin, at common
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 wlllful misconduct
including intentional self infiictcd injury
.ntoxlcation, and wlllful failure or refusal
use a safety appliance or perform a
iuty required by statute, or failure to
,bey n reasonable rule adopted by the
Employer for the safety Of the cmnloye.
g 10 all of which the burden OF proof
HAL rest upon the employer.
Section 4. If the employer has elected
lot 10 accept the provisions of this act,
II any action to recover damages for
,erSonai injury or death of his employee
n the course OF his employment it shall
lot be a defense that the same was
aused by the negligence of a fellow en-
loye, or that the employe has assumed
ne RISK OF the injury or death or thai
he negligence of the employe. Such de-
shall not be allowed in such action
'hether or not the employc accepted this
CT, nor shall they be allowed in any pro- |
for compensation under this act
UGH defenses shall he allowed to an EN-
foyer who has elected to accept this act. |
Section S. Sections two, three and four
! ms act shal not apply to employments |
I farm labor and domestic servants, IN
luding family ChaufGeurs. The said sec
ions shall not apply to employments
men are but casual and not incidental
} the operation of the usual business Of
u. employer. or to employments In which
rticles and materials are given out to
e made up, cleaned, washed. altered
finished, repaired or adapted
sele IN the home of the employee or
n premises no under the control or
engagement Of the employer. II the en-
oyer mas less than five employees regu-
rly employed in his business the said
sctions h not, apply to such employ
Ient unless such employees and their
npioyers voluntarily elect in the man
81 herein sepecitied TO be bound by this !
H. ANY employer In this section ex-
mpted from the operation of sections
ing himself within the provisions of the
= py ming with the commission notice
ms election to accept the same, n
~ employe thereafter entering the serv-
g OF such. employer. and any employe
.maining in such service thirty DAYS
ter such election. shall be conciusively
'esumed TO have elected to accept this
I unless he shall have filed with the
'mmission and his employer a written
,tice that he elects to reject the same.
Section 6. The word "~enployer' as
'ed In this act shall be construed to
can
(a) Every person, partnership. associa-
On. corporation. trustee, receiver, and
cry other person, including any person
corporation operating n railroad, and
y public service corporation. using the
rvlce II another for pay, and
() The state and every county. mn
clpai corporation, township, school.
drainage, swamp and levee district,
hooI board. board Of education. regents
rators. managers, or control, commits
On, board n every other political sub
vision, corporation or quasi-corporation
ereof, all of which public employers are
rely made liable to furnish compensa-
IN under the provisions of this act for
fsonal J or death of their employees
accident arising out of and in the
urse OF their employment, without the
!ht OF such public employers to elect to
leGt the provisions OF this act, but such
.bihty shall not exist II the employe
ects to reject this act.
(c), ANY reference to the employer shall
D include his insurer. ,
section T., .(a) The word ''employe" {
USED In this act shall be construed TO :
every person in the service of any
lployer as defined in this act, under ,
y contract OF hire, express or implied. :
or written, but shall not include per- &
ns whose average annua earnings ex- {
three thousand dollars, nor officials !
political subdivisions. Any reference q
any .employe who has been injured. I
AL AZ, when the employe is dead. also in q
Ioe ms personal representatives, de- q
ndents. and other persons to whom q
mpensation may be payable. The word &
IpIoye shall also include all minor en- q
yes, and all such minor employees are d
reby made OF full age for all purposes i
Ger, In connection with or arising out
.b) The word accident" as used IN q
s act shall, unless a different meaning , .
clearly indicated by the context. be | O
lstrued to mean an unexpected or un- d
seen event happening suddenly and D
producing at the time obiective n
nptoms OF an injury. The terms lin [,
and 'DerROnal iniuriao'I oioii !"