Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-07

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and regulating insurance rates, reserves
and policies; regulating the rights of
dependents. making certain minors Of
full age; providing LOT the giving and
scribing the manner of procedure and
the limitation on proceedings thereun-
der; providing the means Of enforcing
awards n the manner and extent to
which the same may be reviewed by
the courts; creating the Missouri work
mems compensation commission to adj
minister the act and prescribing its
powers n 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 its 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 compensation act.
Section 2. Every employer and every
employee, except as in this act otherwise
provided. shall be conclusively presumed
to a accepted all of the provisions of
tHlS, act ana respectively 10 FURNISH ana
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 such notices shall take effect on the
day of their receipt by the commission.
They may be sent by mail and the COM
mission shall Immediately acknowledge
receipt thereof. The notice given by tht
employee shall take effect upon all en-
Payments at which he may then or there
after be employed until the rejection is
withdrawn, n on application the COM
mission shall inform any employer there
of. The employee shall also Immediately
inform his employer of all such notices,
any employer until the employee informs
him Thereof in writing. The commission
shall also furnish to each employee reject
ing the act a notice thereof, which the
GUS place on his premises where 1t can
be seen by his employees.
Section ). If both employer n en-
ploye have. elected to accept the provis-
liable, irrespective Of negligence, 10 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 la
bility therefor Whatsoever, whether to
the employe or any other person. The
rights and remedies herein granted to an
employee shall exclude all other rights and
rem edies of such employee, 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
including intentional self Inflicted injury
in~toxication, 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;
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 q defense that the same was
caused by the negligence of a fellow en-
ploye,, or that the employee 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
act, nor shall they be allowed in any pro-
ceeding for compensation under this act
such defenses shall be allowed to an en-
ployer who has elected to accept this act,
Section 5. Sections two, three and four
of this act shall not apply to employments
of farm labor and domestic servants, in
Guiding family chauffeurs. The said sec
tons shall not apply to employments
which are but casual and not incidental
to the operation of the usual business of
the employer, or to e~mploymentS in which
articles and materials are given out to
be made up, cleaned, washed, altered,
ornamented, finished, repaired or adapted
for sale in the home of the employe or
on premises not under the control or
management of the employer. II the en-
ployer has less than five employees regu-
n-1 LA-nNlNxra1 L. Gtr ht.-f-4-- ~ -
sections shall not apply to such employ
ment unless such employees and their
employers Voluntarily elect in the man
ner herein sepecified 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
actsb by fling with the commission notice
any employe thereafter entering the serv-
ice of u employer, and any employee
remaining in such service thirty days
after such election, shall be c~onclusively
presumed to have elected to accept this
act unless he shall nave filed with the
commission and his employer a written
notice that he elects to reject the same.
Section 9. The word employer as
used In this act shall be construed to
| mean
(a) Every person, partnership, associa-
ton, corporation, trustee, receiver, and
every other person, including any person
" wi OPCtatAh6 a dA Odot dilu
any public service corporation, using the
service IF another for pay, and
(b) The state and every county, mu-
nicipal corporation, township. school,
road, drainage, swamp n levee district,
school board. board Of education, regents,
curators, managers, or control, commits
sion, board and every other political sub
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 T.. GAY 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 nnu earnings ex-
coed three thousand dollars, nor officials
of political subdivisions. Any reference
to any employe who has been injured.
clude his personal representatives, de-
pendents, and other persons to whom
compensation nay be payable. The word
employee shall also include all minor en-
ployes, Inc all such minor employees are
hereby made of full age for all purposes
of this act.
(b) The word accident. as used in
this act shall. unless a different meaning
is clearly indicated by the context, be
construed to mean an unexpected or I'M
forseen event happening suddenly and
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