Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-07

nearest relative of the deceased employe
In the county Of his death, his personal
representatives, or the employer. who
shall ave the RICH to give such authority.
in the order named. All fees and charges
under this section shall be fair and rea-
sonable. shall be subject to regulation by
such as are fair and reasonable for sim
liar service to persons of q like standard
OF living. The commission shall also have
jurisdiction to hear and determine all dis
putes as to such charges. II the deceased
employe leaves no dependents the death
benefit in this subsection provided shall
be the limit of the liability Of the en-
death. mus 'As -
(b) The employer shall also pay to the
total dependents of the employe u oealil
benefit OF two-thirds Of his average an
nual earnings for the year Immediately
preceding the injury, but not less tina
six dollars a week nor more than fifteen
dollars a week for three hundred weeks,
compensation for the injury was paid to
the employee during his lifetime. If 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.
(c) II there be partial dependents, and
no total dependents, a part Of the death
dependents, determined by the proportion
of his contributions to all partial depend
ents by the employee at the time of the
Injury, SuduN p6 pdlu " AtO "a W
each Of such dependents pr~oportionately.
(d) The word dependent" as used in
this act shall be construed to mean a
relative a by blood %,o or !. m astra1fy d 81 a eet
for support, in whole or In part, upon his
wages at the time of the injury. The
following persons shall be conclusively
presumed to be solely and totally depend
emit for support upon a deceased employs:
1. A wife upon a husband, and a hus-
band mentally or physically incapacitated
whom he or she is living at the time of
2. * natural, posthumous, or adopted
child or children, whether legitimate or
illegitimate, under the age Of seventeen
years, or over that age If physically or
mentally incapacitated from wage earn
ing, with whom he is. living at the time OF
the death Of such parent, there D. Dein se NO
parent. In case there Is more thai one
child thus dependent, the death benefit
shalIbe divided among them in such pro-
portion as may be determined by the
commission after considering their ages
and other facts bearing on such depend.
ency. In all other cases questions of total
or partial dependency shall be determined
in accordance with the facts at the time
of the injury. and In such other cases, II
there is more than one person. wholly de-
pendent, the death benefit shall be divided
(e) All death benefits provided for in
this act shall be paid in installments in
the same manner as provided for disable
tty compensation.
U) Every employer shall keep a record
Of the correct names and addresses of the
dependents of each Of his employees, so lar
as possible and upon the death of an en-
ploye by accident arising out OF and IN
the course of his employment, shall i'm
mediately furnish the commission with
the correct names and addresses Of all
dependents of such employe.
Section 90. The basis for computing
the compensation provided for in this act
shall be as follows:
Cas- The compensation shall be COM
puted on the basis of the annual earnings
which the injured person received as
salary. wages, or earnings II in the en-
ployment of the same employer cont1nu-
ously during the year next preceding the
injury.
OBJ Employment by the same employer
shall be taken to mean employment by
the same employer in the grade in which
the employe was employed at the time OF
the accident, Uninterrupted by absence
from work due to illness or any other I'M
~Rvoidable cause.
engaged in the employment of the same
employer for the full year Immediately
preceding the accident, the compensation
shall be computed according to the an
nual earnings which persons of the same
class in the same employment and same
location Tor If that be impracticable, OF
neighboring employments of the same
kind) have earned during such period.
(d) AS to employees in employments in
which 1t Is the custom to operate through
out the working lays of the year, the
annual earnings, If not otherwise deter.
the average daily earnings in such COM
putation.
(e) AS to employees in employments in
which it is the custom to operate for q
part Of the whole number of working days
In each year, such number, If the annual
earnings are not Otherwise determinapie
shall be used instead of 800 as a basis Tor
44r.r>rtfirr thu animal EARNINGS Pr0VIdAd.
the minimum number of days. which shall
be 80 used for the basis Of the years
work shall be not less than 200.
az In the case of injured employees
who earn either no wage or less than the
earnings of adult day laborers in the same
line Of employment In thatslocality the
yearly wage shall be reckoned according
to the average annual earnings of adults
of the same class In the same Cor II That
is impracticable then of neighboring) en-
Payments.
section, shall be based on the earnings
for the number of hours commonly re-
garded as a days work for that employ
ment, and hall exclude overtime earn
ings. me earnings shall not include any
sum- which the employer has been acv
customed to pay the employe to cover
any special expense entailed on him by
the nature of his employment.
(h) In computing the compensation 70
be paid to any employe.. who. before the
accident for which he claims compensa-
ton, was disabled, anu uIdWluS OA1PS
sation under the terms of this act, the
compensation for each subsequent injury
shall be apportioned according. to the
proportion of i~ncapacfty and disability
caused by the respective injuries which
he may rave suffered.
% To determine the amount Of COM
pensation for each installment period, the
amount per nnuma shall be ascertained
pursuant hereto, and such amount df-
vided by the number Of installment period
Section 2s. The compensation payable
under this act. whether awarded or due.
or not, shall not be a~Ssignable, shall be
exempt from attachment, garnishment
and execution, shall not be subject to set
off or counter-claim or be In anys way
liable for any debt, and in case OF IN
solvency or the levy of an attachment
or execution shall be entitled to the same
preference and priority as claims Ior
wages, without limit as to time or amount,
4 that If written notice is given to
Che employer of ethe nature and extent
thereof, If such services are found TO be
necessary, the commission may allow as
n lien on the compensation, ~reaSonaDie
attorneys fees for services in connection
with the proceedings for compensation
and may order the amount thereon PAID
direct to the attorney in a lump sum or
in installments. An attorneys fees ior
services in connection will this act snail
be subject to regulation by the commits
sion n shall be limited to such charges
as are fair and reasonable, and the COM
mission shall have jurisdiction to hear
and determine all disputes concerning the
same. I,
Section "a. No savings or insurance of
the injured employe, or any. benefit de-
rived from any other source than the en-
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