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

op,esehtdtises, OF 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 and rea-
sonable, shall be subject to regulation by
the commission and shall be limited to
such as are fair and reasonable for sim
liar service to persons Of a 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-
ployer under this act on account Of such
(b) The employer shall also pay to the
total dependents of the employee a death
benefit of two-thirds of his average an
nual earnings for the year Immediately
preceding the injury, but not less than
elk dollars q week nor more than fifteen
dollars a week for three hundred weeks,
less the number Of weeks during which
compensation. for the injury was paid to
the employee 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.
(c) 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 employee at the time OF the
injury. shall be paid by the employer to
each Of such dependents proportionately.
NQy 1llS WIN ACPCAi0CAtL Go NcNo -
this act shall be construed to mean a
relative by blood or marriage of a de-
ceased employe who is ctually dependent
for support, in whole or in part, upon his
following persons shall he e~onclusiVely
presumed to be solely and totally depend
ent for support upon a deceased employe:
/. A wife upon a husband. and a. nus
band mentally or physically incapacitated
from wage earning upon a wife, with
whom he or she is living at the time OF
the injury.
2. * natural, posthumous, or adopted
child or children, whether legitimate or
illegitimate, under the age of seventeen
years, or over that age II physically OF
mentally incapacitated from wage earn
ing, with whom he is living at the time Of
the death Of such parent, there being no
surviving. dependent parent or step
parent. In case there is more thar one
child thus dependent, the death benefit.
shall be 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 ih such other cases, II
there Is more than one person wholly de-
pendent, the death benefit shall be divided
equally among them.
(e) All death benefits provided for in
this act shall be paid in installments in
the same manner as provided Tor disable
ty compensation.
~ Every employer shall keep a record
of the correct names and addresses or the
dependents of each of his employees, so far
as possible and upon the death of an en-
ploye by accident arising out OF n in,
the course Of his employment, shall I'M
mediately furnish the commission with
the correct names and addresses OF all
~aependents of such employe.
Section %. The basis for computing
the compensation provided for in this act
shall be as follows:
foN Tba CONTAMINATION shall h conn.,
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 contlnu-
ously during the year mex preceding the
injury.
(bJ Employment by the same employer
shall be taken to mean employment by
the same employer in the grade in which
the employee was employed at the time OF
,,he accident, uninterrupted by absence
rom work due to illness or any other un-
avoidable cause.
(c) If the injured person has not been
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 Cor If that be impracticable, OF
n~eighboring employments OF me same
(d) AS to employees in employment IN
mich 1t is the custom to operate through
out the working days of the year, the
annual earnings, If not otherwise deter
minable, shall be regarded as 800 times
the average daily earnings in such COM
putation.
which it is the custom to operate for a
part of the whole number of working days
In each year, such number, II the annual
earnings are not otherwise determlnabie
shall be used instead of 900 as a basis Tor
computing the annual earnings: Provided.
the minimum number of days which shall
be 70 Used for the basis Of the years
work shall be not less tina zoo.
~ In the case of injured employees
who earn either no wage or less than the
earnings of adult day lahorers, IN the Same
tine of employment in that locality, the
Veariy wage h be reckoned ACCORDING
Ia the average annual earnings of adults
of the same class in the same Cor II that
Is impraeticable then of neighboring) en-
ploylnents. 49,
section, shall be based on the earnings
for the number of hours commonly re-
rarded as a days work for tina employ
ment. and shall exclude overtime earn
lnga. The earnings shall not include any
sum which the employer has been ac-
custvmed to pay the employe to cover
any special expense entalled on MN py
the nature of his employment.
(h) In computing the compensation 10
be paid to any employe, h before the
accident for which he claims compensa-
tion was disabled, and drawing compen
sation under the terms Of this act, the
compensation for each subsequent injury
mall be apportioned according to the
PROPORTION Of incapacity and disability
caused by the respective injuries Wnlcn
be rlay have suffered.
Ql To determine the amount OF COM
p%ensation for each installment period. the
amount per mum shall be ascertalheo
puruuant hereto, and such amount di-
Wood by the number Of installment period
per nnum
Section 23. The compensation payable
ander his act, whether awarded or Que,
or not. shal not be a~ssignable, snail DC
exempt from attachment, garnishment
and execution, shall not be subject 70 set
off or counter-claim or be In any way
liable for any debt, and in case OF IN
solvency or the levy of an attachment
~ execiItion shall be entitled to the same
preference and priority as CLAIMS loI
WAGES. without limit as to time or amount
save that if written notice is given 70
fba employer of the nature and extent
thereof, If such services are found TO pc
necessary, the commission may allow as
y lien on the compensation, reaSonaple
attorneys fees for services IN connection
with the proceedings for compensatlol
and may order the amount thereoI paIo
Hireot 10 the attorney in a lump sum ~
n installments. All attorneys fees IoI
aervices in connection with this act snal
r. subject to regulation by the commas
sion and shall be limited to such charges
AZ are fair and reasonable, and the COM
mission shall have jurisdiction 70 neal
and determine all disputes cohcefnins ehs
same. .,ranoa -,
ma injured employe, or n benent de,
rived from any other source than the en-
nloyer or h employers insurer Tor ma.
4 k;iitv Under this act, shall be considered