Mexico weekly ledger., 1922-10-19

Ghba6Cu III ~ ClfDlOIDlcuN OI Iu0 GaAuU
employer for the full year Immediately
preceding the accident. the compensation
shall be computed according to the annual
earnings which persons Of the same class
in the same employment and same loca-
ton Tor II that be impracticable. Of neigh
boring employments Of the same kind
have earned during sue period.
td) As to employees in e~mployments IN
which II is the custom to operate through
out the working lays Of the year, the
annual earnings, II not otherwise deter
minable. shall be regarded as 300 times
the average daily earnings in such COM
p'itation.
(e) As to employees IN empIoyments
in which It is the custom to operate for a
part Of the whole number Of working days
in each year, such number, II the annual
earnings are not otherwise determinable,
shall be used instead Of 800 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 $50.
% In the case of injured employees
who earn either no wage or less than the
earnings of adult day laborers in the same
line of employment in that locality, the
yearly wage shall be reekoned according
to the average annual earnings Of adults
Of the same class in the same Cor If that
is impracticable then Of neighboring) en-
pigments.
(g) In computing the annual earnings
there shall be included the reasonable
value Of board. rent, housing, lodging and
fuel received from the employer as a part
of the remuneration of the employee and
which can be estimated in money, and the
value OF ~gratuities ~customarily received by
consent Of the employer, in the usual
course of business from persons other
than the employer, but there shall not be
included the wages of helpers or any
sums which the employer paid to the en-
ployee to cover any special expenses en-
tailed on him by the nature of the en-
ployment.
(h) In computing the compensation to
be paid to any employee, who, before the
accident for which he claims compensa-
tion, was disabled and drawing compensa-
ton under the terms of this act, the COM
pensation for each subsequent injury shall
be apportioned according to the proper
ton Of ~incapacity and disability caused by
the respective injuries which he mcy have
suffered.
ID To determine the amount Of COM
pensation for each installment period, the
amount per annum shall be a~scertained
p rsuant hereto, and such amount divided
by the number of instillment periods per
mum.
Sec. %. Tit compensation payable I'M
der this act, whether awarded or duo, or
not, shall not be assigns BILE, shall be ex-
empt from attachment, garnishmept and
execution, shall not be subject to set-off
or counterclaim or be in any way liable
for any debt, and in case of insolvency or
the levy of an attachment or execu-
ti6n shall be entitled to the same prefer
ence and priority as claims for wages.
without limit as to time or amount, save
that II written notice is given to the en-
ployer 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 pro-
ceedings for compensation and may order
the amount thereof paid direct to the
attorney In a lump sum or in INSTALL
ments. All attorneys fees for services in
connection with this act shall be subject
to regulation by the commission and shall
be limited to such charges as are fair and
reasonable, and the commission shall nave
jurisdiction to hear and determine all dis
putes concerning the same.
Sec. "a. No savings or insurance of the
injured employee, nor any benefit derived
from any other source than the employer
or the employers insurer for liability UNI
der this act, shall be considered in deter
mining the compensation due hereunder.
Sec. rs. Every employer electing ia
accept the provisions of his act shall In
sure his entire liability Hereunder except
as hereafter provided. with the Missouri
compensation insurance fund or some
other insurance carrier authorized to in
sure such liability in this state, except
thai an employer may himself carry the
whole or any part of such liability with
out insurance upon satisfying the COM
mission of his ability so to do. If the
employer fail to comply with this section,
an injured employee or his dependents
may elect after the injury to recover
from the employer as though he nae re-
jected this act, or to recover under this
act with the compensation payments com
muted and Immediately payable. If the
employer be carrying his own insurance
on the application Of any person entitled
to compensation and on proof Of default
in the payment of any installment. the
commission Shall require the employer tc
furnish security for the aymen Of the
compensation, and If not given, all of the
compensation shall be committed and be-
come Immediately payable. Provided that
employers engaged in the mining business
shall be required to insure only their liza
bility hereunder to the extent of the
equivalent Of the maximum liability un.
!, der this act for ten deaths 4 any one
accident.
Sec. 20. No part Of the cost Of such in.
surance shall be assessed against, col.
lected from or paid by any employee.
Sec. ~. If the employer be not in.
{ sured his liability hereunder shall be pri.
mary and direct. If he is insured, his liza.
bility shall be secondary and indirect, an
: his insurer shall be primarily and directly
liable hereunder to the injured employee
! his dependents, or other persons entitled
to rights hereunder. On request Of tht
!. commission and at every hearing the EN-.
ployer shall produce and furnish It with q
copy of his policy of Insurance., and OF
. demand the employer shall furnish the
injured employee, or his dependents, witt
, the correct name and address of his in.
surer. and his failure to do SO shall bt
prina facie evidence Of his failure to in.
: sure. Both the employer and his insure
| shall be parties ITO all agreements d
, awards Of compensation, but the sam,
, shall not be enforceable against the EN-.
i ployer, except on motion and proof o.
, default by the insurer. Service on thu
!, eE ployer shall be sufficient to give tn,
! commission Jurisdiction over the person
Of both the employer and his insurer, ant
the appearance Of the employer In any
I proceeding shall also constitute the ap.
: pearance Of his insurer.
Sec. 2S. Every policy Of instiranc,
against liability under this act shaI be II
! accordance with the provisions of this aci
and shall be in a form approved by tn,