Mexico weekly ledger., 1922-10-19

cept or reject the act. and Of third per-
sons In connection herewith; prescrfb-
tng the powers and duties OF the COM
mission n the courts in connection
Herewith; regulating the charges for
medical aid, burial expenses and at
torneys' fees; prescribing the rights,
duties and liabilities OF the employers
insurer and regulating fnsuraHce rates.
reserves and policies; regulating the
rights Of dependents. making certain
minors of full age; providing for the
giving and serving OF notices there
under; prescribing the manner or pro-
cedune and the limitation on proceed
ings Hereunder; providing the means
of enforcing awards and the manner
and extent 10 which the same may be
reviewed by the courts; creating the
Missouri workmen's compensation COM
mission to administer the act and pre-
scrihing its power and duties; provid-
ing for the insurance OF the liability Of
an employer for injury or death OF his
employees, by insurance carriers au-
.horized to transact this class Of in
surance in the state or by self-insur-
ance; providing for the creation and
administration OF the Missouri compen-
sation insurance and the duties
Of the state auditor, treasurer and
board of fund commissioners in regard
thereto: providing a tax or insurance
premiums to defray the expense Of adj
ministering the act; repeating all acts
or parts of acts inconsistent Herewith;
prescribing penalties for violations Of
certain of its provisions and fixing the
time when certain of its provisions shall
take effect; with an emergency clause.
Be It enacted by the General Assembly of
he State of Missouri, as follows:
Section /. This act shall be known rs
the workmen's compensation act.
Section 2. Every employer and every
employee, except as In this act other
wise provided, shall be ~conclusively pre-
sumed to have elected to accept all Of the
provisions of this act n respectively to
furnish and accept compensation as here
in provided, unless prior to the accident
he shall rave filed with the commission
a written notice that he elects to reject
this act. The presumption of election
shall be ~re-established by filing with the
commission a written notice withdrawing
the rejection. All such notices hall take
effect on the day Of their receipt by the
commission. They may be sent by mail
and the. commission shall Immediately
acknowledge receipt thereof. The notice
given b. til employee shall take effect
upon all employments at which he may
then or thereafter be employed until the
rejection is withdrawn, and on appli-
c- lon the commission shall inform n
employer thereof. The commission shall
also furnish to each employer rejecting
the act a notice thereof, which the en-
ployer shall keep posted in a conspitu-
GUS place on his premises where it can
be seen by his employees.
Section 3. II both employer n en-
ployee have elected to accept the provi-
sions Of this act. the employer shall be
liable irrespective Of negligence, to fur
nish compensation under the provisions
OF this act for personal injury or death
of the employee by accident arising out
of and in the course of his employment,
and shall be released from all other LA
bility therefor whatsoever, whether to the
employee or any other person. The rights
and remedies herein granted to an am
ployee shall exclude all other rights and
remedies of such employee, her husband,
wife, parents, personal representatives,
dependents, heirs or next kin, at common
law or otherwise, on account of such
injury or death. Nor shall compensa-
tion be allowed under this act for any
injury or death due to the employees
intentional self-inflicted injury, as to
which the burden Of proof shall rest upon
the employer.
Section 4. If the employer has elected
TO accept the provisions of this act, in
any action to recover damages for per-
sonal injury or deaf of his employee In
the course of his employment it h not
be a defense that the same was caused
by the negligence of a fellow employee,
or that the employee had assumed the risk
of the injury or death, or that the same
was caused in any degree by the negli-
gence of the employee. Such defenses
shall not be allowed in such action
whether or not the employee accepted
this act, nor shall they be allowed in any
proceeding for compensation under this
act. Such defenses shall be 0allowed to
an employer who has elected to accept
this act, If the employee has elected to
reject it.
Section s. Sections two, three and four
of this act shall not apply to employ
ments of farm labor and domestic serv-
ants, including family chauffeurs. The
said sections shall not apply to employ
ments which are but casual andInot incl
dental to the operation of the usual BUSH
ness Of the employer, or to em~ployments
in which articles and materials are given
out to be made up, cleaned, washed, al
tered, ornamented. finished, repaired or
adapted for sale in the home of the en-
ployee or on premises not under the con-
troll or management of the employer. II
the employer has less than five employees
regularly employed in his business the
said sections shall not apply to such enl-
ployment unless such employees and their
employers voluntarily elect in the man
ner herein specified to be bound by this
act. Any employer in this section ex-
empted from the operation Of sections
two, three and four of his act may bring
himself within the provisions OF the act
by filing with the commission notice of
his election to accept the same, and by
keeping posted in a conspicuous place on
his premises a notice thereof to be fur
nished by the commission, and any en-
ployee thereafter entering the service of
such employer and any employee remain
ing in such service thirty days after such
election, shall be conclusively presumed
to have elected to accept this act unless
he shall have filed with the commission
and his employer a written not!,e that he
elects to reject the same.
Section 6. The word employer as
used in this act shall be construed to
mean:
(al Every person, partnership, associa-
ton, corporation, trustee, receiver, and
every other person, including any person
or corporation operating a railroad, and
any public service corporation, using the
service of another for pay, but this act
shall not include the state, county, NUM-
cipal corporation, township, school, road,
drainage, swamp nd levy districts, school
board, board of education, regents, cura-
tors, managers or control. commission
board or any other political subdivision,
corporation, or Quasi-corporation thereof,