employer of labor as defined in Sections 2 and 3 of this code, who shall pay into the State Insurance Fund the premiums provided by this code to insure him against the liability for injuries or death caused in course of his employment to each and every workman employed by him, and when any aforesaid employer has paid the premiums as aforesaid, he shall not be liable to respond in damages at common law, or by statute, for injuries to or death of workmen occurring in employments described in Sections 2 and 3 of this code, and the employe who with notice that his employer has paid into the fund the premium provided by this Code, and continues in the service of his employer with such notice, shall not have, nor shall his beneficiaries or dependents. have, any right of action against his employer for damages caused by injuries to, or death of, such employe.

Par. (b). The state of Ohio and any county, city, township, incorporated town or village and school district thereof and any employer of live employes or more, amenable to the operation of this Code, who fails to pay into the State Fund created by this Code, the premiums herein provided, shall not avail itself, or himself, of the Common Law Defenses, to-wit: The defense of the fellow-servant rule, the defense of the rule of the assumption of the risk, or the defense of the rule of contributory negligence of its or his employe, in any action brought against the aforesaid employer by an employe to recover, damages for personal injuries, and in such action it shall be the duty of the presiding judge, in addition to entering a judgment for the amount of damages found and awarded by a verdict of any jury sitting in such action, to enter an additional judgment for the same amount against said employer in favor of the State Insurance Fund created by this Code, and the same shall be forthwith collected by the prosecuting attorney of the county in which the Action was brought, and paid by him to the State Treasurer who shall credit the same to the State Insurance Fund.

I. EMPLOYMENTS DEFINED.

SECTION 2. This Code covers all employers of the State of Ohio, counties, cities, incorporated towns and villages, townships, school districts and all other employments in which five or more persons are regularly employed in or about the same establishment.

SECTION 3 Every employer of four or less employes, may by complying with the provisions of this Code, receive the same immunities, bencfits and protection of this Code as an employer who employs five or more persons, and his employes and their dependents shall be subject

thereto.

SECTION 4. Compensation, Conditions of the Right To. Every employer in such employments as defined in Sections 2 and 3, shall be

subject to the provisions of this Code, and shall pay into the State Insurance Fund, according to the conditions hereinafter named, and such State Board of Compensation Awards as hereinafter defined, shall disburse the amounts from the State Insurance Fund, provided by this Code, to such employes as are entitled to compensation for injuries in accordance with the provisions thereof as set forth in the schedule of rates contained in Sections 5 to 13 inclusive hereof, to every such employe so injured in his employment, or, in case of death caused by such injuries, to the defendents as hereinafter defined and apportioned, for all personal injuries received by such employe arising out of and in the course of such employment, and not purposely self-inflicted to obtain compensation.

2. AMOUNTS OF COMPENSATION ALLOWED.

SECTION 5. Compensation for Waiting Period. No compensation shall be allowed for the first week after injury received, except that provided by Sections 6 and 7, nor in any case unless the employer has actual knowledge of the injury or is notified within the period specified in Section 15.

SECTION 6. Compensation for Medical Expenses. The State Board of Compensation Awards shall disburse, from and after the time the injury occurred, amounts for medical and hospital services and medicines, when needed, not to exceed one hundred and fifty dollars.

SECTION 7. Compensation for Funeral Expenses. In case the injury causes death within the period of one year, the reasonable funeral expenses not to exceed one hundred and fifty dollars shall be disbursed by the State Board of Compensation Awards, from the State Insurance Fund, created by this Act.

SECTION 8. Compensation upon Death. In case the injury causes death within the period of one year, the compensation shall be in the amounts and to the persons following:

Par. (a) No Dependents. If there be no dependents, then the medical hospital and funeral expenses, as provided in Sections 6 and 7.

Par. (b). Dependents. If there are wholly dependent persons residing in the United States at the time of death, then a payment of 60 per cent of the average weekly wage to be made monthly, and to continue for the remainder of the period between the death and the end of 300 weeks after the occurrence of the injury, but in no case to continue longer than 300 weeks after the death, or to amount to more than a maximum of $3.400 or to amount to less than a minimum of $1,500 on account of the compensation for the death of that person.

Par. (c) The entire compensation granted by this Code in case of death of such injured person shall be paid to such one or more of the dependents for the benefit of all dependents of such injured person as may be decided by the State board of Compensation Awards.

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Par. (d) Who are Dependents. The entire compensation granted. by this Code in case of death shall be paid to one or more of the following persons, if dependent, for the benefit of all dependents who shall be entitled to receive such payments in the order in which they are

named.

(1) Husband or wife, (as the case may be), and children.

Payment to a person subsequent in right shall be lawful and shall discharge all claims if the person having the prior right has not claimed the payment prior to the time when the same is in fact made, but no such payment shall be made without first making specific and careful inquiry as to the existence of children.

Par. (e). Application of Payments. The person or persons to whom the payments are made shall apply the same to the use of the several beneficiaries according to their respective claims upon the decedent for support, in compliance with the findings of the State Board of Compensation Awards..

Par. (f). Dependents of a workman, as defined in paragraph (b), Section 8, of this Code, entitled to Compensation therein, who reside cutside of the United States, shall be entitled to one-half the compensation provided for dependents in paragraph (b), Section 8, of this Code.

SECTION 9. Compensation upon Total Disability. Par. (a). In case of temporary total disability of the employe, from the time the payment period begins until the end of the three hundred weeks, or during any portion thereof, the compensation shall be 60 per cent of the average weekly wage of the employe at the time of the accident; payment to be made on the first day of each month thereafter, but in no case to continue longer than three hundred weeks from the time the injury occurred, or to more than a maximum of $3,400, or to amount to less than a minimum of $1,500 for that injury, nor shall the compensation for total disability and death exceed $3.400.

Par. (b). In case of permanent total disability the compensation shall be at the same rate, and payment shall be made for the same periods as in temporary total disability, and shall continue as long as total disability lasts.

Par. (c). Total permanent disability of an employe, as herein referred to, shall mean that the employe's earning capacity is wholly and permanently destroyed.

SECTION 10. Compensation for Partial Disability. In case of temporary partial or permanent partial disability, the employe shall receive 60 per cent of the impairment of his earning capacity during the continuance thereof, not to exceed a maximum of $12.00 per week and

not less than a minimum of $5.00 per week; or, if the employe's wages be less than $5.00 per week, then he shall receive his full wages, but not to continue for more than 300 weeks from the date of the injury, nor to exceed $3,400 in amount from that injury, and the combined compensation for partial and total disability and death shall not exceed $3.400.

SECTION 11. Payment in Lump Sum. The amounts payable periodically under the foregoing sections may be commuted to one or more lump sum payments by the State Board of Compensation Awards at any time after one year if special circumstances be found which, in the judgment of said Board requires the same.

SECTION 12. Definition of Average Weekly Wage. Where the employe is at the time of injury employed, his average weekly wage at the time of injury shall be taken as the basis upon which to compute the compensation of such employe.

SECTION 13. Conditions Varying Compensation. Par. (a). If it shall be clearly established that the injuries, death, or disability, were due in whole or in part to the employe's previous injuries, sickness, disease, physical ailments or deficiencies, age, or infirmity, then and to that extent only the compensation herein allowed shall be correspondingly reduced; and, if the employe or a beneficiary under this Code, shall clearly establish that the injured person was a minor of such age and experience when injured that under natural conditions, an increase in wages might be expected, this fact may be considered in arriving at his reasonable wage, to conform to the spirit of this Code.

Par. (b). The compensation awarded shall never be vested except subject to such changes as the provisions of this Code allow.

3. MODE OF CLAIMING COMPENSATION.

SECTION 14. Employes' Actual Knowledge. If it be found as a fact by the State Board of Compensation Awards that the employer, or his authorized agent, had actual knowledge of the occurrence of the injury, the notice provided for under section 15 shall not be essential.

SECTION 15. Time of Notice. Unless the employer, or his authorized agent, shall have actual knowledge of the occurrence of the injury or unless the employe shall give notice thereof to the employer within five days of the occurrence of the injury, and if notice is not given as herein specified, no compensation shall be allowed unless said employes shall show that his failure to give prior notice was due to his actual inability to serve such notice or have such notice served.

SECTION 16. Service of Notice. The notice may be served personally upon the employer, or upon any agent, foreman or superior servant of the employer, or by sending through the mail to the employer, foreman or superior servant of the employer at the last known place of

business or in lieu thereof his residence, and may be in substantially the following form:

NOTICE TO EMPLOYER OF PERSONAL INJURY RECEIVED.

You are hereby notified that a personal injury was received

. (Place)

(kind of work)

(day of).... therefor.

at the job of

at or about ...

19.... and that compensation will be claimed

SECTION 17. Joint Medical Examination. Par. (a), After an injury to an employe, the employer shall call a physician to render the first aid to that injured employe.

Par. (b). If the employe requests, he shall be entitled to have a physician of his own selection present at some reasonable time to participate in some examination.

Par. (c). Except as provided herein in this Code, there shall be no other disqualification or privilege preventing the testimony of a physician who actually makes an examination.

Par. (d). Unless there has been a reasonable opportunity thereafter, for such physician selected by the employe to participate in the examination in the presence of the physician selected by the employer, the physician selected by the employer shall not be permitted afterwards to give evidence of the condition of the employe in a dispute as to the injury.

SECTION 18. Exempt and not Assignable. Claims or payments due under this Code shall not be assignable, anl shall be exempt from all claims of creditors and from levy, execution or attachment.

SECTION 19. A STATE BOARD OF COMPENSATION AWARDS is hereby created to be composed of five commissioners or members, not more than three of which at any one time shall be members of the same political party. Within sixty days after the day of — 19, the Governor shall, by and with the advice and consent of the Senate, appoint such commissioners, but no commissioner so appointed by the Governor shall be qualified to act until confirmed by the Senate, unless appointed during the adjournment of the Senate.

The said commissioners shall be appointed for such terms so that the term of one of them shall expire on the first Monday in January. and of the first Monday of January of each of the following four years; and at the expiration of the term of each, his successor shall be appointed for a term of five years; so that always the term of one member of the said Board of Awards shall expire on the first Monday of January of each year. Each commissioner so appointe‹l shall hold his office until his successor is appointed and qualified. Any