The St. Joseph observer., 1920-10-30


or reject the act, and Of third persons
In connection herewith; prescribing
the powers and duties Of the commis-
sion and the courts in connection there
with; regulating the charges for medical
aid. burial expenses and attorneys
fees; prescribing the rights, auties and
liabilities OF the employers insurer
and regulating insurance rates, reserves
and policies; regulating the rights Of
dependents, making certain minors Of
- full age; providing for, the giving and
serving OF notices Hereunder; pre-
eoribing 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 dutieb, providing for the
Insurance Of ths 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 sclf-insurance; providing
a tax on Insurance premiums to defray
the expense OF administering the act;
repeating all acts or parts Of acts ncon-
sstent herewith; Prescribing penalties
- for violations Of certain of its provisions
and fixing the time when certain Of its
provisions shall take effect; with an
emergency clause.
BE II enacted by the General Assembly
Of the State Of Missouri, as follows:
Section l. This act shall be known as
the wOrkmens compensation act.
Section 2. Every employer and every
.h,Nloye. except as In this act otherwise
provided, shall be concuslyc'y presumed
20 have accepted all Of the provisions Of
this act and respectively to furnish and
accept compersa tion az herein provided,
unless prior to the accident he shall have
filed with the commission p written notice
that he elects to reject this act. The pre-
sumption Cf election shall be re-esiab-
hShcd by Hing with the conmission
written notice Withdrawing the rejection.
All such notices shall take effect on me
Jay Of their receipt by the commission.
They may be sent by mail and the COM
mission shall Immediately acknowledge
cmrloye shall take effect upon all en-
rloymcnts 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Withdrawn, and on application the COM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 employe shall also lInmC listCly
inform his employer Of al. such notices,
any employer until the erp.oye informs
him thorOf in writing. The commission
shall also furnish to each employer reject
employer shall keep posted in conspicu-
Gus place on his premises where 1t can
be seen by his employees.
Section }. II both employer and en-
ploye have elected TO accept the proyis-
Ions OF this act, the employer shall be
liable, irrespective OF nes.i~eHce, to fur
nlsh compensation under the provisions
Va llllS at lDI PEI G'lIfl llt.hl VI AtstlL
OF the empluye by accident arising out Of
and In the course Of his employment,
and shall be released from ell other la
bility therefor whatsoever, whether to
the emyloye or any other person. The
rights and remedies herein granted 10 an
emplOye shall exclude ali oinCr rights and
rem edicS OF such emplOye. her husband,
wife, parents, personal representatives,
dependents, heirs, or next Kin, a common
law or otherwise. on account Of such in
jury or death. Nor shall CumpcI sation be
allowed for injury de IT 4 due to tho
employees or another's willnJ misconduct
including intentiona! self inflicted injury
intoxicatiOn. and winful failure or refusal
70 use a safety appliance or perform q
duty required by statute, or failure to
obey any reasonable rule adopted by the
employer for the safety OF the employe:
shall rest upon the employer.
Section 4. II the employer has elected
not to accept the provisions OF this act,
in any action to recover damages for
in the course OF his employment It shall
not be a defense that the slme was
pioye, or that the erfpioye has assumed
the risk OF the injury or death or that
the same was caused In eny degree by
the negligence Of the erhploye. such de-
whether or not the employe accepted this
act, nor shall they be allowed In any pro-
ceedinS for compensa ton under this act
such defenses shall be allowed to an en-
PioyeT who has elected to accept this act.
Section ). Sections two, three ana four
Of this set shall not apply TO empioyments
Of farm labor and domestic servants, In
clualng family ohauifeurE. The said sec
tons shall not apply 70 employments
which are hut casual and not Incidental
to the operation Of the usual business of
the employer, or 10 employments in which
articles and materials are given out to
9e ie SGSheS o. aTHa
for sale in the home of the emplOye or
on premises not under the control or
management Of the employer. II the EN-
ployer mas less than I'VE employees regu-
larly employed in his business the said
sections shall not apply 10 such employ
ment unless such Ia, smployes 9pd their
ner herein sepecifcd 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 rlirg with the com mission notice
Of his election to accept the same, and
any emplOye thereafter entering the serv-
ice Of such employer. and any emyloye
remaining in such service thirty DAYS
sfcer such election, shall be corclusively
act unless he shall have fled 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 to
mean
(e) Every person. partnership, associa-
tiOn, corporation. trustee. receiver, and
every other psrson, including any person
or corporation operating a railroad, and
any public service corporation, using the
ser"ice 0f another for pay. and
(b) The state and every county, mu-
nicipal corporation, township, school
road, drainage, swamp and leyce district,
school board, board OF education, reBents,
CuratOrS, managers, or control, commits
sion, board and every other political sub
division, corporation or Ouasl-cDrpOratiO
thereof, all OF which public employers are
hereby made liable to furnish cOnpensa-
ttOn under the provisions OF this act for
personal injury or death OF their employees
by accident arising out Of and In the
course Of their employment, without the
right of such public employers TO elect 10
reject the provisions Of this act, but such
liability shall not exist II the emplCye
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
employer as defined in this act, under
any contract Of hire, express or implied,
oral or written, but shall not include per-
sons whose average annual earnings ex-
coed three thousand dollars nor officials
OF political subdivisions. Any reference
TO any employe who has been injured,
shall, when the employe IS ccad, also in
clude his personal representatives, de-
perdents and other persons 70 whom
compensation may be payable. The word
emplOye snail also INCLUDE al minor en-
ployes and all such minor employees are
hereby made OF fun ake for all purposes
| under, In connection with or arising out