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

section AZ OF this act upon the p~resenta-
ton to u Of a certified copy Of such de-
cision.
Section as. In any case a temporary or
partial award OF compensation may be
made. and the same may be modified from
time to time. to meet the needs of the
case and the same may be kept open until
q nnal award can be made. n II the
same be not compiled with. the amount
thereof may be doubled in the final award,
II the final award shall be in accordance
with the temporary or partial award.
Section ~. Any notice required under
this act shall be deemed to have been
properly given and served when sent by
registered mail properly stamped and adj
dressed to the person to whom given. at
his last known address. in time to reach
him In due time to act thereon. Notice
may also be given and served in like nan
ner as summons in civil actions.
Section 48. The compensation herein
provided may be committed by said COM
mission and redeemed by the payment in
whole or in part, by the employer, Of a
lump sum, which shall be fxed by the
commission, but in no case to exceed the
oommutable value Of the future INSTALL
ments which may be due under this act,
taking account of life contingencies. such
payment to 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
notice to the other, If 1t appears that such
Communication will be for the best interest
Of the employe or the dependents Of the
deceased employe, or that 1t will avoid
undue expense or undue 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 employee or the dependents
of the deceased employee, or that 1t will
avoid undue expense or undue hardship
to either party. the commission will con-
stantly bear in mind that 1t Is the inten-
ton of this act that the compensation
payments are in lieu of wage and are
to be received by the injured employe or
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 1t clearly appears
that some unusual circumstances warrant
such a departure. Communication shall not
be allowed for the purpose of enabling
the injured employee, or the dependents of
a deceased employe, to satisfy a debt. or
to make payments to physicians, lawyers.
or any other persons.
Section 40. On notice to the other par
ties the commission may permit the en-
ployer to be discharged from further liza
bility 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
SumGQ Dy some Responsible person, OF ny
depositing the commutable value thereof
with the commission to be disbursed to
the persons entitled thereto in such man
ner as the commission shall determine.
Section SO. (a) After an employee has
received an injury he shall from time to
time thereafter during disability submit to
reasonable medical examination at the re-
quest of the employer, his insurer, the
the time and place of which shall be fixed
with due regard to the convenience of
the employee and Tbs physical condition
and ability to attend. The employe may
employee refuses to submit to such ex-
animation, or in any way obstructs the
same, his right to compensation shall be
forfeited during such period.
( lb) The commission, or any of the COM
missioners, or referees, may appoint a
duly qualified impartial physician to ex-
anime the injured employe and to report,
his fees and travelling expenses for which
shall be fixed and allowed by the COM
mission and paid as other costs under
this act. II all the parties shall have had
reasonable access thereto, the report of
such physician shall be admissible in evil
dence.
(c) The testimony of any physician
who examined the employee shall be adj
Missile In evidence in any proceedings
for compensation under this act.
(d) Certified copies of the proceedings
before any coroner holding an inquest
over the body of any employee receiving
an injury in the course of his employ
ment resulting In death, shall be admissi-
BILE in evidence in any proceedings for
compensation under this act. and it shall
be the duty of the coroner'to give notice
of such inquest to the employer and the
dependents of the deceased employe, who
shall have the right to croSS-examine the
witnesses.
Section 81. All proceedings before the
commission or any commissioner or ref
cree shall be simple, Informal and sum
,ao NV opa 1rithntrf aor rI 10 thn farhntnoJ
rules of evidence, and no defect or irreg-
ularity therein shall invalidate the same.
Except as herein otherwise provided. all
such proceedings shall be according to
such rules and regulations as may be
adopted by the commission.
Section 81. The commission. or any
commissioner or referee, shall have power
to issue process, subpoena witnesses, ad-
minister oaths, examine books and pa
pers, N require the production thereof,
and to cause the deposition of any witness
to be taken and the costs thereof paid
as other costs under this act. Any party
h be entitled to process to compel the
attendance of witnesses and the produc-
ton of books and papers, and at his own
cost to take and use dispositions in like
manner as In civil cases in the circuit
court. Subpoena shall extend to all parts
Of the state, n may be served as in
civil actions in the circuit court, but the
costs of such service shall be as In other
civil actions. Each witness shall receive
XIV AVQS aAANA ~ RtSoSA ~ ~ A@'
In civil cases, but the same shall not be
allowed as costs to the party in whose
behalf the witness was summoned unless
the persons before whom the hearing is
had shall certify hat the testimony of
such witness was necessary. All costs
under this act shall be approved by the
commission n paid out of the state
treasury from the fund for the support
of the Missouri workmen's compensation
commission; provided, however, that if
the commission shall determine that any
proceedings before it or any OF its mem
bers, or before any referee, have been
brought, prosecuted or defended without
reasonable ground, 1t may assess the
whole cost of the proceedings upon the
party who so brought, prosecuted or de-
Tended them.
Section SO. If any person subpoenaed
fails to obey the command of such sub
poena without reasonable cause, or If any
person in attendance at any hearing or
proceeding shall, without reasonable
cause. refuse to be sworn, or to be ex-
amined, or to answer a question, or to
produce a book or paper or to subscribe
or swear to his deposition, he shall be
deemed guilty of a misdemeanor, and on
conviction thereof shall be punished by a
fine of not more than five hundred dol
lars or by Imprisonment in the county
Jail for not more than one year, or by
both such fine and Imprisonment. and
may be prosecuted therefor in any court
of competent jurisdiction, n in case
Of a continuing violation, each days con-
ttnuance thereof shall be, and deemed to
be, a separate and distinct ~offense.
Section 81. Ii any party shall die pend
ing any proceedings under this act, the
same shall rot abate, but on notice to
the parties may be revived and proceed
in favor of the successor to the rights or
against the personal representatives of