Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1920-10-14

by authority of the widow or widogar IN
nearest relative Of the deceased emnloye
IN the county OF his death. his personal
representatives. or the employer. who
shal have the RICH to give such AUTHORITY
IN tne order named. All fees and charges
under this section shall be fair and rea-
sonaple, shall be subject to regulation by
the. commission and shall be limited IN
such as are fair and reasonable for sim
lar service TO persons of a like standard
Ci nving; The commission shall also have
jurisdiction to hear and determine all dis
putes as to such charges. If the deceased
empioye leaves no dependents the death
penett in this subsection provided shall
pioyer under this act on account of such
death. $500
OBJ The employer shall also pay to the
total dependents of the employee a death
benefit of two-thirds of his average an
nual earnings for the year Immediately
preceding the injury, but not less than
Blk dollars a week nor more than fifteen
dollars a week for three hundred weeks,
less the number of weeks during which
compensation for the injury was paid to
. the employe during his lifetime. II there
pc total dependents no compensation shall
be payable to partial dependents or any
other person, except as provided in par
agraph (a) of this section.
(c) II there be partial dependents, and
no total dependents, a part of the death
benfit herein provided in the case of total
dependents, determined by the proportion
OF his contributors to all partial depend
cHlb ny ln6 6HlplOVG at the time OF Ine
injury, shall be paid by the employer to
each of such dependents proportionately.
(d) 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 be conclusively
presumed to be solely and totally depend
ent for support upon a deceased employe;
l.. A wife upon a husband, and a hus-
band mentally or physically incapacitated
! whom he or she is living at the time OF
the injury.
2. A natural, posthumous, or adopted
child or children, whether legitimate or
Legitimate, under the age of seventeen
years, or over that age IL physically or
mentally incapacitated from wage earn
ing, withswhom he is living at the time of
the death of such parent, there being no
surviving dependent parent ors step
parent. I'm case there is more than one
child thus dependent. the death benefit
shall be divided among them in such pro-
portion as may be determined by the
commission after considering their ages
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 time
Of the injury, and in such other cases, If
there is more than one person wholly de-
pendent, the death benefit shall be divided
slually among them.
(e) All death benefits provided for in
this act shall be paid in installinents in
the same manner as provided for disabil-
ny compensation.
~ Every employer shall keep a record
of the correct names and addresses of the
dependents of each of his employees, so far
as possible and upon the death of an en-
ploye by accident arising out of and in
the course Of his employment, shall im4
mediately furnish the commission with
the correct names and addresses of all
dependents of such employe.
Section %. The basis for computing
the compensation provided for in this act
shall be as follows:
(a) The compensation shall be COM
puted on the basis of the annua earnings
which the injured person received as
salary, wages, or earnings II in the en-
ployment of the same employer c%ontinu-
ously during the year next preceding the
injury.
shall 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 due to illness or any other I'M
%avoidable cause.
(c) If 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
location (or if that be impracticable, of
neighhoring employments Of the same
kind have earned during such period.
(d) AS to employees in e~mployments in
which 1t is the custom to operate through
out the working days OF the year, the
annual earnings, If 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 it is the custom to operate for a
part of the whole number of working days
In each year, such number, if the annual
earnings are not otherwise determinable,
shall be used instead of 300 as a basis for
computing the annual earnings: Provided,
the minimum number of days which shall
be so used for the basis of the years
work shall be not less than 200.
% In the case of injured employees
who earn either no wag or less than the
earnings Of adult day laborers in the same
line of employment in hat locality, the
yearly wage shall be reckoned according
TO the average annual earnings of adults
of the same class in the same Cor if that
Is mpracticable then of nsighboring) en-
pigments.
(g) Earnings, for the purpose of this
section, shall be based on the earnings
for the number of hours commonly re-
garded as a days work for that employ
ment, and shall exclude overtime earn
Ings. The earnings shall not include any
sum which the employer has been ac-
customed to pay the employe to cover
any special expense entailed on him by
the nature of his employment.
(h) In computing the compensation to
be paid to any employee, who, before the
accident for which he claims compensa-
ton, was disabled, ana drawing oIHpe
sation under the terms of this act, the
compensation for each subsequent injury
shall be apportioned according to the
proportion Of incapacity and disability
caused by the respective injuries which
he may lave suffered.
ID To determine the, amount of COM
pensation 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 nun
Section 23. The compensation payable
under this act, whether awarded or due.
or not, shall not be ~assignable, shall be
exempt from attachment, punishment
and execution, shall not be subject to set
off or counter-claim or be in any way
liable for any debt, and in case, Of in
solvency or the levy of an attachment
or execution shall be entitled to the same
preference and priority as claims Tor
wages, without limit asNto time or amount,
save that if written notice is given TO
the employer of the nature and extent
thereof, if such services are found. to be
necessary, the commission may allow as
a lien on the compensation, reasonable
attorneys fees for services in connection
with the proceedings for compensation
and may order the amount thereof paid 4
direct to the attorney IN a lump sum or
In installments. All attorneys fees for
services in connection with this act shall
be subject to regulation by the commls-
sion and shall be limited to such charges
as are fair n reasonable, and the COM
mission shall have jurisdiction to hear
and determine all disputes concerning the
same.
Section "a. No savings or insurance OF