The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-22

during me hours q servics a such work
Section 8. Nothing in this act shah be
construed as amending Or repeaiing Any
' statute or ordinance relating 10 ass0cla-
tons or funds for the relief, pensioning'
retirement, or other beneht OF nremen
policemen, or other public employees, tnelr
widows. children or dependents or rs IN
any manner interfering with such as
sociations. funds or benefits, now or here-
after established, but any such pubic en-
ploye, his widow, children or dependents,
who shall receive compensation unoer
this act shah have deducted from any
benefit otherwise payable by any pension
or other benefit fun to which the mu-
nicipRl corporation or other pubic en-
ploye- contributes. a part OF such oenent
proDortionate TO the amount then being
contributed to such fund by such emf
ployer. which deductions shall be mace
only during the compensation period. nor
shall anything In this act be construed as
interfering with the right Of any public
employee to draw full wages, or collect and
retain his full fees, so long as he holds his
1 office, appointment or employment, but
the period during which the same are re-
ceived after the injury shall be deducted
from the period OF compensation pay
ments due hereunder.
Section 3. In case any employe for
whose injury or death compensation Is
payable under this act shall, at the time
Of the injury. be employed and paid
jointly by two or more employers subject
TO this act, such employers shall con-
tribute the payment Of such compensa-
! ton in the proportion OF their several
r%ge liability to such employe, II one
or more but not all Of such employers
should be subject TO this act, n other
wise subject to liability for compensation
hereunder, then the liability OF the entire
compensation which their proportionate
wage liability bears TO the entire age
of the employe: Provided. however, that
nothing In this section shall prevent any
arrangement between such employers for
a di1fereut distribution, as between them
selves. Of the ultimate burden Of such
compensation.
Section 10. (a) Any person who has
work done under contract on or about his
premises which lie an operation Of the
usual business which he there carries on,
shall be deemed an employer and shall be
liable under this act to such contractor,
his subcontracte, and their employees.
when Injured or killed on or about the
premises Of the employer while doing
work which is in the usual course Of his
(b) The provisions Of this section shall
apply to the relationships OF landlord and
tenant, and lessor or lessee, when created
for the fraudulent purpose Of avoiding
liability, but not otherwise. In such cases
the landlord or lessor shall be deemed the
employer OF the employees OF the tenant
or lessee.
(c) The provisions Of this section shall
fVi hpIll W lnG OHHtT OF premises upon
which improvements are being erected,
demolished, altered OF repaired by an in
dependent contractor, but fuch ~independ-
emit contractor shall be deemed to be the
employer Of the employees Of his suhcon-
tractors and their BubcontractOrs when
employed on or about the premises where
the principal contractor is doing work.
(d) In all cases mentioned In the pre-
csding subsecti0ns, the immediate con-
tractor or subcontractor shall be liable as
an ononI0var of the aunnlnxyao ~ kfu a,th-
contractors. All persons so liable may be
made parties to the proceedings on the
application Of any party. The liability OF
the immediate employer shall be primary,
and that Of the others secondary in their
order, and apy compensation paid by
those secondarily liable may be recovered
from those primarily liable, with attOr-
ney's fees and expenses OF the suit. Such
recovery may be had on motion In the
original proceedings.
~(e) No such employer shall be liable as
In this section provided. II the employe
was insured by his immediate or any In
termediate employer.
Section IL. II a third person not In the
same employ is also liable. the employe
may elect 10 hold eitiet the employer or
the third person, Election 10 hold the
third person shall release the employer.
Election to hold the employer shall OPP
crate as an assignment Of the cause OF
action against the third person which the
employer or his insurer may enforce In
mis- W name or that Of the employe. and
IN such actions recovery may be had OF
NE amount Of compensation awarded.
With the reasonable expense OF the suit,
including attorneys fees. Election 70 hold
the employer shall not be deemed TO have
been made until a claim for compensation
is filed with the commission.
Section II. (a) This act shall apply 10
all cases within It's provisions, except
those exclusively covered by any federal
law.
db( This act h apply to all injuries
received In this state, regardless OF where
the contract Of employment was made.
and also TO all Injuries received outside
OF this state under contract OF employ
ment made In this state. unless the con-
traet 81 employment IN m such case
shall otherwise provide.
Section IL. (a) In addition to all other
compensation, the employee shall receive
such medical. surgical and hospital treat
menl including nursing, ambulance and
for the first eight weeks after the injury
or disability, to cure and relieve from the
efects or the injury. and not exceeding
the amount OF two hundred dollavs. II
the emplcye desires, he shall have the
right TO select his own physician, surgeon
or other such requirement at his own
expense. Where such requirements are
Furnished by = public hospital or other
institution, payment therefor shall be
made 10 the proper authorities.
Cb) II Il be shown 10 the commission
that such requirements are being fur
niehed In such manne that there Is rea-
sonable grourd for believing tina the life.
health Or recovery q the employe Is en-
~dapgered thereby, the commission may
order n change in the physician. surgeon.
hospital or other requirement.
(cl Al fees and charges under this
section shall be fair and reasonable. shall
be subject e regulation by the commits.
sion, ard she'll be limited to such as are
fair ard reasonable for similar Treatment
OF injured persons OF a like standard OF
living. The commission shall also have
Jurisdiction to hear and determine All dis
putes as to such charges.
(dl No compensation shall be payable
Tor the death or disability OF an employe.
u and IN 50 far as the same may be
caused. continued or aggravated by an
unreasonable refusal to submit TO anv
medical or surgical treatment or opera-
ton, the risk OF which Is, In the opinion
OF the commission, inconsiderable In view
OF the seriousness o. the injury. II The
employe dies ms a result Of an operation
maze necessary by the injury, such death
shall be deemed to be caused by the
injury. way
fe) The testimony OF any physician
Tho treated. the employe shall be admis-
.iole IN evidence y any proceedings for
Compensation under this act.
70 Every hospital or other person fur
rishing the employe with medical aid
shall permit its records to be copied nv
and shall furnish full information IA, The
commission, the employer, the empioye or
his dependents and any other party 10
any proceedings for compensation under
his act, and certified copies Of such rec.
ords shall be admissible in evidence in
any such proceedings.
Section H. (a) Except as provided in
section IL, no compensation shall he nav
aple Tor the hrst seven days Or less Of