The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-15

time 10 Illnet 10 meet TIE uttuS u AhN
case and the same may be kept open until
q final award can be made. II the
amt be not complied with, the amount
may be doubled In the hnal award.
II the ana award shall be In accordance
with the temporary or partial award. o
Section AZ. Any notice required under
this act h be deemed to have been
properly given and served when sent by
registered mail properly starncf and ad-
dressed to the person 10 whom siveIb az
his last known address. in time to reach
him in due time to act thereon. Notice
may also be given and served In like man
ner as in civil actions.
Section 48. The compensation herein
provided may be comnuted hy>sald COM
mission and redeemed by the payment. In
whole or in part, by the employer, OF 8
lump sum-. which shall be liked by the
commission, but In no case TO exceed me
.commutable Value Of the future Install
ments which may be due under this act,
taking account OF life contingencies. such
payment 10 be committed at It's present
value upon the basis OF interest calculated
at four per centum with annual rests.
upon application to either party. with due
notice 10 the other, II II appears that such
communication viii be for the best interest
of the employs or the dependents OF the
deceased employe. or that II Will avoid
undue expense or updue hardship TO
either party, or that such employe or de-
pendent has removed or is about TO re
move from the United States, or that the
employer had sold or otherwise disposed
Of the greater part OF his business or as
sets. In determining whether the COM
mutation asked for will be for the best
interest of the employe or the dependents
Of the deceased employee, or that II will
avoid undue expense or undue hardship
TO either party, the commission will con-
stantly bear in mind that II is the inten-
ton OF this act thai the compensation
payments are in lieu Of WAGES and are
to he received by the injured emplOye OF
his dependents in the same manners In
which WAGES are ordinarily paid, There
fore. communication is a departure from
the normal method Of payment and Is to
be allowed only when II clearly appears
that some unusual circumstances warrant
such a departure. Communication SHAH not
be allowed for the purpose OF enabling
the injured employe, or the dependents OF
a deceased employee. to satisfy a debt, or
to make payments to physicians, lawyers
or any other persons.
Section AZ. On notice to the other par
ties the commission may permit the en-
ployer TO be discharged from further lia-
billty under any agreement. award or
judgment for compensation by furnishing
to the person entitled thereto an annuity
or other obligation, approved by the COM
mission or court. by which payment is as
sumed by some responsible person, or Wy
dPDnsitin~ the commutahle value thereon
with the commission to be disbUfsed to
IIC RtN nhlNE ~ ~ - - 80
ner as the commission shall determine.
Section so. (a) After an employee has
received an injury he shall from tinIe 10
time thereafter during disability submit to
reasonable medical examination al the re-
quest OF the employer, his insurer, tht
commission or any OF it's commissioners
the time and place Of which shall he nNec
with due regard TO the convenience Of
the empioye and lbs physical %eonditioT
and ability TO attend. The employe may
have his own physician present, and II th'
employe refuses to submit to such eN'
animation. or in any way obstructs thu
same, his right to compensation shall b'
forfeited during such period.
90 The commission or arv Of the com
missioners. or referees. msv appoint I
duly qualified impartial physician 70 ex'
anime the injured employe and TO report
his ices and travelling expenses for which
shall be fixed and Above by the com
\ mission and paid as other costs unde
this act. II al the parties shall have hai
reasonable access thereto, the report 9
such physician shall he admissible IN eVi
dence.
(c) The testimony of any physician
who examined the employe shah he ad
| Missile in evidence In any proceeding
for compensation under this act.
(d) Certified copies Of the proceeding
before any coroner holding an lnques
over the body OF any employe receiVin
an injury In the course OF his employ
ment resulting in death. shall be admissl
BILE in evidence In ~ proceedings 10
\ compensation under gnis act, ard n sha
be the duty OF the coroner to give motto
Of such inquest to the employer ana IN
dependents OF the deceased employe, WI
shall ave the right 10 c~ross-eAamine IN
witnesses.
Section 81. All proceedings before tn
commission or any commissioners or ref
cree shall be simple, informal and sum
mary. and without regard TO the technic;
rules Of evidence, and no defect or irreE
ularity therein shall invalidate the sam'
Except as herein otherwise provided, a
such proceedings shall be according I
such rules and regulations as may .
adopted by the commission.
Section 81. The commission, or an
commissioner or referee, shall have powt
TO issue process. subpoena Witnesses, I'D
minister oaths, examine books and pa
perH, and require the production iereo
Ind TO cause the deposition OF any wltnes
10 be taken and the costs thereof pal
as other eosts under this act. Any part
shall be entitled to rrocess to compel IN
attendance OF witnesses and the produc
ton OF books and PAYERS. and at his ow
cost TO take and use dispositions ~ hk
manner as In civil cases In the circu
court. Subpoena shall extend to AL parl
Of the state. and may be served as I
civil actions In the circuit court, but N
costs OF such service shall be as W otht
civil actions. Each witness shall receiN
the fees and mileage prescribed by la
in civil cases, but the same shall not !
allowed as costs 10 the party In who
behalf the witness WAS summoned unlel
the persons before whom the hearing
had shall certify tLat the t~estiinoiy
such witness was necessary. All cos
under this act shall he approved by u
commission and paid out Of the stat
treasury from the fund for the Sappol
OF the Missouri workmen's compensate
commission. provided, however, that
the commission shall determine that az
proceedings before II or any OF its men
bers. or before any referee. have pee
brought; prosecuted = DEFENDED wi'n@ .
whole cost OF the proceedings upon y
party who so brought. prosecuted or a.
Tended then. -
Section SO. II any person subpoenas
10 appear at any hearing or proeeedir
n fails to obey the command OF such Lsul
NJ poena without reasonable cause, or ar
person In attendance at any hearing
proceeding shall without reasohab
cause, refuse 10 be sworn. or to re q
amined, or to answer a question: or
or swear 10 his deposition, he shall !
deemed guilty OF . mlBdemeanor, IND {
conviction thereof shall be punishfd by
hne or not more than hve hundred DO
lars or BY imprisonment In the counl
Iku for not more than one year Or /
hath rdch nus and Imprisonment, Al
nav be prosecuted therefor in any cou
df compet0nt Jurisdiction, n IN ca
or A continuing vioiAtion, each day. col
tInuanee thereof shall be, and deemed
he. 4 separate and distinct 0Tense,
SECTION B4. II M party shall die PEN
!, Ia any proceedings under THIS act u
nAme shall not abAtet but on notice
the parties may ne revived n proce'
ntfaVof of the successor to the rights
agairpt tina personal representatives
the party liable, In like manner as IN ci'
. actions, ~
'SSctioh SS. Any person who sh'
make, or conepire with, AID, or apet ~
other 10 make. any false or fraudule
!, claim 70 compensation or other bench
-a-- AZ. 49, anA anN narmon nUn an