Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-09-30

IN tue county OF MS ucatn, MA personal
representatives, or the employer. who
shall have thesrigh to give such authority
in the order named. An fees and chs1ges
under this section shall be fair and rea-
the commission and shall be limited to
such as are fair and reasonable for sim
liar service to persons Of q like standard
81 G,,r hv,hs ~ ne S eomm mss 1at sinai a's %, n ave
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 em-
ployer under this act on account Of such
death.
o. The employer shall also pay to the
benefit Of t~wo-thirds Of his average an
nual earnings for the year Immediately
preceding the injury. but not less than
six dollars a 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) If 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
;niury ey sb sas ssm s noIs b at the the smpl, Sf the fe
each of such dependents proportionately.
(d) The word dependent as used in
this act shall be construed to mean. a
relative by blood or marriage OF a de-
ceased employee who is actually dependent
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
ent for support upon a deceased employe:
l. A wife upon a husband, and a hus-
band mentally or physically incapacitated
from wage earning. upon a wife, with
whom he nr gbaafG living af fhd time of
the injury.
.. A natural. p~osthumous. or adopted
child or children, whether legitimate or
inegitimate, under the age of seventeen
years, or over hat age IL physically or
mentally incapacitated from wage earn
ipg, 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 than 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 or such depend
ency. In all other cases questions OF total
or partial dependency shall be ermin
in accordance with the facts at the time
of the injury, and in such other cases. IL
there is more a one person wholly de-
pendent, the death benefit shall be divided
equally among them.
this act shall be paid in installments in
the same manner as provided for disable
tty compensation.
~ Every employer shall keep a record
of the correct names and addresses of the
dependents of each of his employees, so far
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 %. The basis for computing
the compensation provided for In this act
shall be as follows,
TAI The compensation shall be COM
puted on the basis of the annual earnings
which the injured person received as
salary, wages, or earnings If in the en-
ployment of the same employer continue
ously during the year next preceding the
injury.
5b) 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 un-
avoidable cause.
(c) II 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 Tor if that be impracticable. of
n~eighboring employments OF the same
kind) have earned during such period.
i'd AS to employees in employments in
WIIlCi 1T Ii tliC GuGlCAl ~ OPCI dtO Stii006D~
out the working days of the year, the
annual earnings, If not otherwise deter
minable. shall be regarded as 300 times
the average daily earnings in such COM
putatioa.
(e) As to employees in ~employments in
which 1t is the custom to operate for q
part of the whole number of working days
in each year, such lumber. II the annual
earnings are not otherwise determinable,
shall be used instead of 800 as a basis for
computing the annual earnings. Provided.
the minimum number of days which shall
be SO used for the basis of the years
work shall be not less than 200.
~ 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 that locality, 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 impracticabie then of neighboring) en-
pigments.
ca Earnings, for the purpose of this
section, shall be based on the earnings
for the number of hours commonly re-
garded as a days work for that employ-
ment, and shall exclude overtime earn
fngs. The earnings shall not include any
sum which the employer has been ac-
customed to pay the employe to cover
any special expense entailed on him by
the nature of his employment.
CHI In computing the compensation to
be paid to any employe, h before the
ton. was disabled, and drawing compen-
sation under the terms of this act, the
compensation for each subsequent injury
shall be apportioned according to the
proportion of incapacity n disability
caused by the respective injuries which
he may have suffered.
ID To determine the amount OF com
pensation for each installment period, the
amount per annufl shall be ascertained
pursuant hereto, and such amount d.
vided by the number Of installment period
Section %. 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
OF or counter-claim or be in any 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 for
wages, without limit as to time or amount.
save that If written notice Is given to
the employer of the nature and extent
thereof, If sue services are found to be
q lien o n the compensation. reasonable
attorneys fees for services in connection
with the proceedings for compensation
and may order the amount thereof paid
direct to the attorney in a lump sum or
in installments. All attorneys fees for
services In connection with this act shall
be subject to regulation by the commis-
sion and shall be limited to such charges
as are fair and reasonable. and the com
and determine all disputes concerning the
same.
Section "a. No savings or insurance Of
the injured employe, or any benent de-
rived from any other source thap the en-
ployer or the employers insurer for La