The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-08
6 burIal e1penses Of ! deceased emplorn

the Dufidi expenses OF q deceased employ
unless he shall have furnished the sam,
by authority Of the widow or widower. IN,
nearest relative Of the deceased employe
IN the county Of his death, his persona
Iep~Iesentatlyes, or the employer, who
shall have the RICH to give such authority
IN the order named. All fees and Charges
under tins section shall be fair and rea-
sonable, shall be subject to regulation by
the commission and shall be limited Ia
such as are fair and reasonable for sim
liar service TO persons Of a like standard
OF living. The commission shall also ave
ylrisaiction to hear and determine all dis
putes as to such charges. II the deceased
empiQye leaves no dependents the death
Deneht IN this subsection provided shal
be the limit Of the liability OF the EN-
Ployer under this act on account Of such
90 The employer shall also pay to the
total dependents Of the employe a death
benefit OF two-thirds Of his average an
nual earnings for the year Immediately
preceding the injury. but not less thai
six dollars a week nor more than hfteer
dollars a week for three hundred weeks
less the number OF weeks during whicl
compensation for the injury was paid Il
the employe during his lifetime. II there
be total dependents no compensation shall
pc payable to partial dependents or any
other person, except as provided In par
agraph (a) Of this section. q
tc) u there be partial dependents, and
no total dependents, a part OF the death
benfit herein provided in the case OF total
ANiNAAaNAANnf b1AN AAilJ ny lilt UINIOAlAN
Of his contributions to all partial depend
ents by the employe at the time Of the
injury, shall be paid by the employer to
each or such dependents proportionately.
Nd) The word dependent as used in
this act shall be construed to mean a
relative by blood or marriage Of a de-
ceased employe who is actually dependent
for support, IN whole or in part. Upon his
wages at the time of the injury. The
following persons shall he conclnsively
presumed to be solely and totally depend
ert for support upon a deceased empldye
l. A wife upon q husband. and a has
band mentally or physically incapacitated
from wage earning upon a wifeS with
whom he or she is living at the time Of
the injury.
Il. A. natural, %posthumous. or adopted
child or children. whether legitimate or
tnegitimate, under the age of seventeen
years. or over that age II physically OF
mentally incapacitated from ware earn
ing, 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 he determined by the
commission after considering their axes
and other facts bearing on such depend
ency. In All other cases questions of total
or partial dependency shall be determined
In accordance with the facts at the Tine
Of the injury. and In such other cases. n
there is more than one person wholly de-
pendent. the death benefit shall be divided
equally among them,
(e) All death benefits provided for In
this act shall be paid In ins'aliments in
the same manner as provided for disabil-
lily compensation
ltD Every employer shall keep a record
OF the correct names and addresses OF the
dependents of each Of his employees, so far
IS possible and upon the death Of an em-
ploye by accident arising out OF and In
the course OF his employment, shall im-
mediately furnish the commission with
the correct names and addresses OF all
dependents OF such employe.
Section %. The bass for computing
the compensation provided for In this act
shall be as follows.
la The compensation shall be COM
puted on the basis OF the annual earnings
which the injured person received as
salary. wages, or earnings II In the en-
pigment Of the same employer continu-
ously during the year next preceding the
Injury.
b) Employment by the same employer
Ehall 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 d. 20 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
lf allOn tor II Lnal ne nDpidCllCADle. OF
neighboring -employments OF the same
kird) have earned during such period,
ND As to employees in employmeats in
which 1t Is the custom 70 operate through
out the working dal ! OF the year. the
annual earnings, II not otherwise deter
minable. shall be REGARDED as 300 times
the average daily earnings In such com
putation.
'e) As to employees In e~mployments in
which II Is the custom to operate FOR a
part OF the whole number Of working days
in each year, such number. the annual
earnings are not otherwise determinable.
shall be used instead Of 500 as a basis for
computing the annual earnings. Provided.
the minimum number Of days which shall
work shall be not less than 2ne.
~ In the case OF injured employees
who earn either no wage o. less than the
Earnings Of adult day laborers In the same
lac Of employment in hat locality. the
yearly ware shall be reckoned according
60 the average annual earnings OF adults
on the same class IN the same Tor " that
Is impracticahle then OF neighboring) EN-
Payments.
90 Earnings. Tor the purpose Of this
section. shall be based on the earnings
for the number Of hours commonly re-
Rarded as a days work for that employ
ment. and shall exclude overtime earn-
inps. The earnings shall not include any
sum which the emr oyer has been ac-
rus;omed 10 pay the emplOye TO cover
any special expense ~entailed on him by
NNt unluIt ~ III tlll'NOy NAiN
(h) In computing he compensation TO
be paid to amy employe. who. before the
accident for which he claims cOmpensa-
Hon. was disabled. and drawing compen-
ration under the terms 81 this act, the
compensation for each subsequent Injury
ahali be apportioned according to the
proportion OF tncapacity and disability
caused by the respective injuries which
he may have suffered.
I'D TO determine the amount OF COM
bensation for each installment period, the
amount per annum shall be ascertained
pursuant hereto. and such amount di-
vided by the number OF installment period
per annum. =
Section 20. The compensation payable
under this act. whether awarded or due,
OF not, shall not be assignable, shall be
exempt from attachment. g~arnishment
and Execution. shall not be subject to set
on or counter-claim or be In any way
liable for any debt, and In case OF in
e~olvency 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 II written notice Is given TO
the employer Of the nature and extent
thereof. II such services are found TO he
necessary, the commission may allow as
lien on the compensation, reasonable
Attorneys fees for services In connection
With the proceedings Itcr compensation
and may order the amount thereof paid
direct 10 tAe attorney In a lump sum or
In installments. All attorneys fees Tor
services IN connection with this act n
be subject 70. reeulatlon BY the eonlmis-
Is are fair and reasonable, and the COM
mission shall have jurisdiction 20 hear
and determine AL disputes concerning the
same.