The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-08

or reject the ACT ana OF thHu P0
in connection Herewith, prescribing
the powers and duties OF the commls-
sion and the courts in connection there-
With; regulating the charges for medical
aid. burial expenses and attorney 5
fees. prescribing the rights, duties anu
liabilities Of the employers insurer
and regulating insurance rates. reserves
and policies. regulating the rights OF
dependents. making certain minors OF
fun age; providing for the giving ana
serving OF notices hereunder pre-,
scribing the manner Of procedure and
the limitation on proceedings thfreuh-
der; providing the means OF enforcing
awards and the manner and extent 70
which the same may be reviewed "
the courts. creating the Missouri work
mems CONFORMATION commission 10 adj
minister the act and prescribing us
powers and duties, providing TOT the
Insurance Of the liability OF an employ
or for injury or death Of his employees,
by insurance carriers authorized to
transact this class Of insurance NJ the
state or by self-insurancei proyidins
a tax on insurance premiums 70 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 take effect; with an
emergency clause.
/ Re IL enHCIeu UN the hEttldi AN7NiANAS
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
employee. except as in this act otherwise
provided. shall be conciusively presumed
10 have accepted all OF the provisions o.
This act and respectively to furnish and
accept compensation as herein provided
unless prior to the accident ne 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-
lished by filing with the commission a
written notice Withdrawing the rejection.
All such notices shall take effect On the
day OF their receipt by the commission.
They may be sent by mall ana me e0n-
mission shall Immediately acknowledge
receipt thereof The notice given by tht
employe shall take effect upon all en-
.loyments at which he may then or there
after be employed until the rejection Is
withdra wn, and on application the com
mission shall inform Spy employer there
Of. The employe shall also Immediately
inform his employer Of all such notices,
and the same shall not operate as 70
any employer until tie 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 ia a conspicu-
Gus place on his premises where IL can
be seen by his employees.
Section 3. II both employer and en-
pl0ye have elected to accep, the provis-
ions Of this act, the employer shall be
liable, irrespective OF negligence. 10 fur
nish compensation under the provisions
OF this act for personal Injury or death
OF the employe by accident arising out OF
and In the course OF his employment,
and shall be released from all other liza
bility therefor whatsoever, whether to
the employee or any other person. The
rights and remedies herein granted TO an
employe shall exclude all other rights n
remedies OF such employe. her husband,
wife. parents. personal representatives.
dependents. heirs, or next kin. Al 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 willful misconduct
including intentional self-intiicted injury
intoxication. and willfnl failure or refusal
to use a safety appliance IT perform q
duty required by statute, or failur to
obey any reasonable rule adopted by the
employer for the safety Of the employee,
as 10 all Of which the burden OF proof
shall rest upon the employer.
Section 4. II the employer has elected
not 10 accept the provisions OF this act,
in any action to recover damages for
personal injury or death OF his empluye
IN the course NJ his employme II shall
not be a defense that the same was
iduhtu ue tit n"tNlEfllft NI q ltiiOW EN-
ploye. or that the employe has assumed
the risk Of the Injury or teath or that
the same was caused In any degree by
the negligence of the emplQye. Such de-
Tense shah not be allowed In such action
Whether OF not the etnpiOyt AcswSted this
act nor shall they be allowed 10 any pro-
ceeding for cosHpensati On under this act
such defenses shall be allowed to an EN-
! ployer who has elected TO accept this act.
Section >. Sections TWO, three and four
NJ This art Ghgl mt "a .ply M arn t.fnta,,aut
Of farm labor and domestic servants. in
Guiding faudly chauneurs. Tn said see
tons shall not apply TO employments
which are but casual and not incidental
20 the operation Of the usual business Of
the employer. or to employmcnts In which
articles and materials are given out TO
he made up. cleaned. washed. altered
ornamented. finished. repaired or adapted
FOR sale In the home Of the employe or
on premises not under The control or
m~anagement OF the employer. II the EN-
ployer has less than five employees regu-
larly employed In his business the said
sections shall not apply to such employ
ment unless such employees and their
employers voluntarily elect In the man
ner herein sepecified to be bound by this
act. Any employer In this section ex-
empted from the operation OF sections
TWO. three and four Of this act. may
bring himself within the provisions of,the
act by ming with the commission notice
- $50 k-E'NAkf W AANNUA lIE NhIllt. ana
any employe thereafter entering the serv-
Ice OF such employer. and any employe
remaining in such service thirty davs
after such election. shall be conciusively
presumed to have elected to accept this
act unless he shall have filed with the
commission and his employer a written
notice that he elects to reject the same.
Section s. The word employer as
used In this act shall be construed Ia
mean W
fa1 Everv narsor n
ton, corporation, trustee, receiver and
every other person. including any person
or corporation operating a railroad. and
any pdblic service corporation. using the
service II another for pay, and
Cb) The state and every county. mu-
hlclpal corporation, township. school
road. drainage, swamp and levee district
school board, board OF education. regents.
~curators, managers. or control commfs-
sion. board and every other political suh-
division, corporation or quasi corporate
thereof, all OF which public emplovers ave
hereby made liable to furnish comnensse
ton under the provisions OF this act Tor
personal injury or death Of their empiovee
by accident arising out Of and IN Inc
course OF then employment. without the
I'm 81 sue puolle employers to elect Ia
Liability shall not exist II the emniove
elects TO reject this act. '
(c) ANY reference to the employer shal
also include his Insurer.
Section I. (a) The word .emntova,
rs used IN this act shall be Construed te
mean every person In the service Of ann
employer as defined in this act. unde,
any contract OF hire. express or implied
oral or written. but shall not include per.
sons whose average annual earning ex
coed three thousand dollars. nor Official,
OF political subdivisions. Any referenc,
to any employe who has been Injured
shail when the employe is dead, also in.
elude ms personal representatives. de-.
pendents. and other persons 10 whor
eompensalion may be payable. The wore