Mexico weekly ledger., 1922-10-19

and personal injuries shall mean only
violence to the physical structure of the
body and such disease or infection as nat
urally results therefrom. The said terms
shall in nc case be construed to include
occupational disease in any form. or any
contagious or infectious dis -ase con-
tracted during the course Of empl yment.
or death due to natural causes but &C.
curing while the workman Is at work.
Death" when mentioned as a basis for
the right to compensation means only
death resulting from such violence and
it's resultant effects occurring within
three hundred and fifty weeks after the
accident.
(c) Without otherwise affecting either
the meaning or Interpretation of the
abridged clause. personal injuries aris-
ing out Of n in the course Of employ
ment," IT is hereby declared not to cover
workmen except while engaged in, on or
about the premises where their duties are
being performed, or where their service
requires their presence as a part of such
services at the time of the injury, and
during the hours of service as such work.
men.
Section 8. Nothing in this act shall be
construed as amending or repeating any
statute or ordinance relating to associa-
lions or funds for the relief, pensioning,
retirement, or other beneflt of firemen,
policemen, or other public employees,
their widows, children or dependents. or
as in any manner interfering with such
associations, funds or benefits, now or
hereafter established, but any such pub
lie employee, his widow, children or de-
pendents, who shall receive compensation
under this act shall have deducted from
any benefit otherwise payable by IN
pension or other benefit fund to which the
municipal corporation or other public en-
ployer contributes, a part Of such benefit
proportionate to the amount then being
contributed to such fund by such en-
ployer, which deductions shall be made
only during the compensation period.
Nor shall anything in this act be con-
strued as interfering with the right Of
any public employee to draw full wages,
or collect and retain his full fees, so long
as he ho.ds his office. appointment or en-
ployment. but the period during which the
same are received after the injury shall
be deducted from the period of compen-
sation payments due hereunder.
Section 9. If the injury or death &C.
ours while the employee is in the joint
service of two or more employers, their
liability shall be joint n several, and
the employee may hold any or all OF such
employers. AS between themselves such
80 DAAtNAA ~ >OiAN nav VI
each other in the proportion of their sew
Ell Il liability for the wages of such en-
ployee, but nothing in this act shall pre-
vent such employers from making a diff
ferent distribution of their proportionate
contributions as between themselves,
Section 10. (a) Any person who has
work done under contract on or about
his premises which is an operation of the
usual business which he there carries on,
h be deemed an employer and shall be
liable under this act to such contractor,
his subcontractors, and their employees,
when injured or killed on or about the
premises of the employer while doing
work which is in the usual course of his
business.
(b) The provisions of this section shall
apply to the relationships of landlord and
tenant, and lessor or ssee, when created
for the fraudulent purpose Of avoiding LA
bility, but not otherwise. In such cases
tn landlord or lessor shall be deemed the
employer of the employees Of the tenant
or lessee.
(c) The provisions of this section shall
not apply to the owner of premises upon
which improvements are being erected,
demolished, altered or repaired by an in
dependent contractor, but such independ-
ent contractor shall be deemed to be the
employer of the employees of his sub
contractors and their subcontractors
when employed on or about the premises
where the principal contractor is doing
work.
(dl L. all cases mentioned in The pre-
cedihg sub-sections, the immediate con-
tractor or subcontractor shall be liable
as an employer of the employees of his
subcontractors. All persons so liable may
be made parties to the proceedings or the
application Of any party. The liability
of the immediate employer shall be pri-
mary and that of the others secondary
in their order, and any compensation paid
by those s~econdarily liable a be re-
covered from those primarily liable, with
attorneys fees and expenses of the suit.
Such recovery may be had on motion in
the original proceedings.
(e) No such employer shall be liable as
in this section provided, if the employee
was insured by his immediate or any in
termediate employer.
Section IL. If a third person not in the
same employ is also liable, the employee
may elect to hold either the employer or
the third person. Election to hold the
third person shall release the employer.
Election to hold the employer shall OPP
crate as an assignment OF the cause OF
action against the third person which7the
employer or his Insurer may enforce in his
name or that of the employee, and In
such actions recovery may be had of the
amount of compensation awarded, with
he reasonable expense of the suit, In
Guiding attorneys fees. Election to hold
the employer shall not be deemed to have
been made until a claim for compensation
is filed with the commission.
Section IL. (a) This act shall apply to
all cases within its provisions, except
those exclusively covered by any fedora
law.
(b) This act shall apply to all injuries
received in this state, regardless of where
the contract of employment was made
and also to all injuries received outside
of this state under contract of employ.
ment made In this state, unless the con-
tract Of employment in any such case
shall otherwise provide.
Section 10. (a) In addition to all Other
compensation, the employee shall receive
such medical, surgical and hospital treat,
ment, including nursing, ambulance and
medicines, as may reasonably be required
for the first sixty days after the INJURY
or disability, to cure and relieve from the
effects Of the injury, and not exceeding
the amount of two hundred and fifty dol,
lars. If the employee desires, he shall
have the right to select his own physi,
clan, surgeon or other such requirement
at his own expense. Where such require.
ments are furnished by a public hospita
or other institution, payment thereto
shall be made to the proper authorities
(b) II 1t be shown to the commission
that such requirements are being fur
nished in such manner that there Is rea
sonable ground for believing that the life
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