the first group, as already indicated,
election is presumed; but as to the
second any employee may address
the compensation commission charg
ing that the occupation in which
his employer is engaged is habard
ous, whereupon the commission shall
issue an order returnable within
10 days requiring the employer to
appear and show cause why he
should not be required to accept or
reject the provisions of the act; or
such order may be issued by the
commission upon its own motion. If
the employment is determined to he
hazardous, election is presumed un
less the employer rejects within 10
days after such determination. If
a rejection is filed, such employer,
in common with major employers,
loses the three customary common
law defenses in cases of injuries to
their employees. Election by the em
ployee is presumed in all cases where
employers are under the act, and if
they reject and the employer ac
cepts, he retains the defenses in
any action for damages brought by
such rejecting employee. Employers
under the act may exempt them
selves as regards any employees
whose employments are not hazard
ous by filing with the commission
the written consent of such employee
to such exemption.
The injuries covered are those due
to accidents arising out of and in
the course of the employment, and
recovery under the act is the ex
clusive remedy where both parties
have accepted the act. Where the
injury is due to the employer’s fail
ure to comply with any statute or
lawful order of the commission, bene
fits are increased 15 per cent; while
if it is due to the willful failure
of the employee to use safety de
vices provided, or to obey reasonable
rules properly brought to his notice,
with diligent effort to secure en
forcement, benefits are reduced 15
per cent.
Domestic servants, including fam
ily chauffeurs, farm labor, casual
employments, and out workers are
excluded from the provisions of the
act. Public employees are included
only if acceptance is made by law or
ordinance. Minor employees are with
in the law whether employed in vio
lation of law or not.
Occupational diseases in any form,
and contagious or infectious dis
eases contracted during the course
of the employment are not included;
nor death which occurs more than
300 weeks after the accident. The
act is not to be construed as de
priving employees of their rights un
der the laws of the States relating
to occupational diseases.
The term “casual” is limited to
those workers whose service is less
than 5 Vz days consecutively, and the
term “total disability” means in
ability to return to any employment,
and not merely to that in which the
injury was received. The law being
contractual, it follows the workers
even outside the States unless the
contract otherwise provides.
The provision for medical aid calls
for services, medical, hospital, etc.,
for GO days, not to exceed $250,
“and hereafter such additional simi
lar treatment within one year from
the date of the injury as the com
mission by special order may deter
mine to be necessary.” Refusal to
accept treatment relieves the employ
er, but treatment may be changed
on order of the commission on a
proper showing.
Waiting time is limited to three
days, compensation for which is pay
able if the disability lasts longer
than four weeks. Wages or other
advances paid after the injury are
to be on the award. As stated, GG
2-3 per cent of the average earn
ings is the amount of compensation,
not less than $6 nor more than $20
per week, unless the average earn
ings are less than $6, when full
wages will be paid. For temporary
total disability the maximum period
is 400 weeks, and for permanent
total 300 weeks, and thereafter 25
per cent of the average annual earn
ings for life, apparently subject to
the same minimum and maximum
limitations as other awards.
For temporary partial disabilities
the wage loss is the basis, two
thirds of the difference between
earnings before and after the injury
being allowed; but for permanent
partial disabilities, schedule awards
are provided “in lieu of all other
compensation,” ranging from 232
weeks for loss of major arm at
shoulder and 207 weeks for loss of
leg at hip joint to 8 weeks for the
loss of a toe and 13 weeks for the
loss of a little finger at the distal
joint, minor hand. Special regula
tions restrict compensation for her
nia.
Second injuries are to be com
r-^
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