Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-14

sion and the courts In connection there
with; regulating the charges for medical
aid, burial expenses and attorneys
fees; prescribing the rights. duties and
liabilities Of the employers insurer
and regulating insurance rates. reserves
n policies; regulating the rights of
dependents. making certain minors OF
full age; providing for the giving and
serving OF notices Hereunder; pre-
scribing the manner of procedure and
the limitation on proceedings thereun-
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
er 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
a 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 it's provisions
and fixing the time when certain of its
provisions shall take effect: with an
emergency clause.
Be 1t enacted by the General Assembly
of the State of Missouri, as follows,
Section l. 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 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
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 Gl1nh nnffanS shall tllya offoat m fh0
day of their receipt by the commission.
They may be sent by mail and the conn
mission shall Immediately acknowledge
receipt thereof. The. notice given by thu
employee shall take effect upon all en-
! ployments at 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withdrawn, and on application the COM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
Of. The employee shall also Immediately
inform his employer of all such notices,
and the same shall not operate as to
any employer until the employee 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 in a %conspicu-
GUS place IN his premises where it can
be seen by his employees.
SectionN2 3. If both employer and en-
ploye have elected to accept the provis-
ions Of this act, the employer shall be.
liable, irrespective of negligence, to fur
nish compensation under the provisions
of this act for personal injury or death
of the employee 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
employee shall exclude all other rights and
remedies of such employe, her husband,
wife, parents, personal representatives,
dependents, heirs, or next kin, at 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
l~1ncluding intentional self-infiicted injury
intoXicaton, and willful failure or refusal
to use a safety appliance or perform a
duty required by statute, or failure to
obey any reasonable rule adopted by the
employer for the safety of the employe.
as to all of which the burden of proof
shall rest upon the employer.
Section 4. If the employer has elected
not to accept the provisions of this act,
in any action to recover damages for
personal injury or death OF his employe
in the course of his employment it shall
not be a defense that the same was
caused by the negligence of a fellow m
ploye, or that the employe has assumed
the risk of the injury or death or that
the same was caused in any degree by
the negligence of the employee. Such de-
Tense shall not be allowed in such action
whether or not the employee accepted this
act, nor shall they be allowed in any pro-
ceeding for compensation under this act
| SuGti ubIGiloCo olldll NC lOWG W oil III
ployer who has elected to accept this act.
Section s. Sections two, three and four
of this act shall not apply to employments
of farm labor and domestic servants, in
GLIDING family chauffeurs. The said Sec
tions shall not apply to employments
which are but casual and not incidental
to the operation of the usual business. of
the employer or to employments in which
articles and materials are given out to
be made up, cleaned, washed, altered,
o~rnamented, finished, repaired or adapted
for sale in the home of the employe or
on premises not under the control or
management of the employer. If the en-
ployer has less than five employees regu-
larry 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 sepecitied to be bound by this
act. Any employer in this section ex-
empted from the operation of sections
two, three four Of this act, may
bring himself within the provisions of the
act by filing with the commission notice
of his election to accept the same, and
any employee thereafter entering the serv-
ice of such employer, and any employee
remaining in such service thirty days
after such election, shall be conclusively
presumed to ave elected to accept this
act unless he shall a 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 h a be construed to
mean
(a) Every person, partnership, a~ssocia-
ton, corporation, trustee. receiver, and
every other person, including any person
or corporation operating a railroad, and
any public service corporation, using the
service If another for pay, and
H) The state and every county, mu-
nicipal corporation, township, school,
road, drainage, swamp and levee district,
school board, board of education, regents,
curators, managers, or control, commits
sion, board and every other political SUBJ
division, corporation or quasi-corporation
thereof, all of which public employers are
hereby made liable to furnish compensa-
ton under the provisions of this act for
personal injury or death of their employees
course of their employment, without the
right of such public employers to elect to
reject the provisions of this act, but such
liability shall not exist if the employe
elects to reject this act.
(c) Any reference to the employer shall
also include his insurer.
Section Z. (a) The. word "employe'
as used in this act shall be construed to
mean every person in the service of any
any contract of hire, express or implied
oral or written, but shall not include per-
sons whose average annual earnings TX
coed three thousand dollars, nor officials
Of political subdivisions. Any reference
to any employee who has been injured
clude his personal representatives, de.
pendents, and other persons to whom
compensation may be payable. The wore
employee shall also include all minor en-
ployes, n all such minor employees arr
hereby made of full age for all purpose
under, in connection with or arising oii
fh1 Tho word "accidentn as used II