Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-04-14


. For the loss of thumb. two
thirds the average weekly wages dur
ing fifty weeks.
Tor the loss of the. first finger.
,two-thirds the average weekly wages
J during thirty weeks.
For the loss of the second finger.
two-thirds the average weekly wages
during twenty-five weeks.
For the loss of the third finger.
!. two-thirds the average weekly wages
during eighteen weeks.
!, For the loss of the fourth finger,
two-thirds the average weekly wages
during fifteen weeks.
The loss of the first phalange of
|, the thumb or of any finger shall be
ne-half of said thumb or finger and
the compensation shall be one half
the amount above specified. The loss of
more than one phalange shall be con-
sidered al a loss of the entire thumb
or finger: provided. however, that in
no case shall the amount received for
the Loss of more than one finger ex-
Gee coed ds he amount specified in this
For the loss of the great toe, two
thirds the average weekly wages dur
ing Twenty-Five weeks.
For the loss of one of the toes
other than the great toe, twoNthiIds
the average weekly wages during ten
weeks.
The loss of the first phalange of
any toe shall be considered to be
equal to the loss of one-half of said
toe and the compensation shall be
one-half of the amount above speci-
fed,
of an entire toe.
Fox the loss of hand, two-thirds
the average weekly wages during one
hundred twenty-five weeks.
"a nf ~
part, at or above the wrist. two
thirds the average weekly wages
during one hundred fifty weeks.
For the loss of a leg. or any part
at or above the ankle. 1wo-thirds the
average weekly wages during one
hHndred fifty weeks.
For the loss of foot. two-thirds
the average weakly wages for one
hundred Twenty-Five weeks.
For the loss of an eye or the re-
duction Of the sight of an eye, with
glasses, to tenth of the normal
vision. two-thii DIS the average weekly
wares during one hundred weeks.
The "mounts specified in this sec
ton re all subject to the same lin
itations as to maximum and minimum
amounts, that is. of not more than
a week, as provided for total or par
tial disability.
In all cases in this class where the
usefulness OF a member or any physi-
impaired, the compensation shall
bear such relation to the amount
stated in the above schedule as the
incapacity shall bear TO the injuries
named in this schedule and the COM
mission shall determine the extent of
the inCapacity.'
Sec. 8. Section twenty-six Of chap
ter two hundred and thirty eight of
the public laws of nineteen hundred
and nineteen is hereby amended by
adding two paragraphs to said sec
ton so that said section as amended
shall reaa as follows:
Sec. 26. When any injury for which
coInren%ation is payable under this
act shall! have been sustained under
circumstances creating in some other
n.erson than the employer a legal
liability to pay damages in respect
thereto. the injured employee may, at
his, option, either claim compensation
under this act or obta in, damages from
or proceed at law against such other
- person to recover Gamages and if
compensation is claimed and awarded
under this act, any employer having
PAID the compensation or having be-
come liable therefor shall be subro-
&ated TO the rights of the injured en-
plnyce TO recover gainet that person.
provided, if the employer shall re-
cover from such other person DANA geS
in excess of the compensation already
nald or awarded to be paid under this
act. then any such excess shall be
naid TO the injured employee less the
action.
Settlement of such claims and the
distribution of the proceeds therefrom
p3nst have the. approval OF the court
mel in suit, of the chairman of the
c6nr1iSsion. The beneficiary shall be
entitled to reasonable notice and OPP
Dortunity to be present in person or
by counsel at the approval proceed
ings. |
The failure of the employer or COM
rcnsation insurer in intereTt to pursue
his remedy against the third party
within ninety DAVIS after written de-
mand by compensation beneficiary,
shall entitle such beneficiary or his
representatives to enforce liability in
his own name accounting for the pro-
ceeds 10 be made on the basis above
proVide1'
Sec. 9. Section twenty-nine of chap
ter two hundred and thirty eight of
the public laws of nineteen hundred
and nineteen is hereby amended by
adding to the fourth paragraph of
said section the following sentence:
In case the office of chairman becomes
vacant through death, resignation or
removal. the associate legal member
shall act rs chairman until the gov
ernor makes an appointment to fill
such vacancy so that said section,
amended, shall read as follows
Sec. 80. The industrial accident
commission Of the State of Maine
shall consist of four members. two Of
whom. to be designated as the chair
man and associate legal member, re-
spectively, shall be men learned in the
law and members in good stending of
the bar of this state; the third, the
commissioner of labor and industry.
and the fourth, the commissioner of
insurance. The chairman and asso-
ciate legal member shall be appointed
by the governor the former for the
e term of fS OF tWa yea and be latter for
appointment under this act, all sue
cessive appointments to be for the
term of three years. The chairman
and associate legal member shall hold
office for the terms aforesaid. unless
removed as herein provided. and until
their successors are. appointed and
qualified. They shall be sworn and
for inefTiciency. wilful neglect of duty
or for malfeasanee in office may after
notice and hearing be removed by the
governor and council. In case of
vacancy occurring through the death
resignation or removal, the governor
shall appoint a successor for the
whole term of three years, subject to
removal as aforesaid.
The chairman shall receive q
salary of three thousand five hundred
dollars per annum, beginning January
first. nineteen hundred and nineteen,
and the associate legal menber shall
receive salary of three thousand
dollars per annum. The commissioner
sum Of one thousand dollars, in ad
dition to his Salary as commissioner
of labor and industry. The commits
sioner of insurance shall receive the
sum of five hundred dollars in ad-
dition to his salary as commissioner
of insurance. The members of the
commission shall also receive their
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