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Sec. 18. The provisions of this act shall not be construed so as to disturb the organization of any existing mutual aid or benefit association or society to which the employer contributes an amount sufficient to insure to the employee or other beneficiary the compensation herein provided, or to prevent the organization of any mutual benefit association or insurance company for the purpose of insuring the compensation herein provided and of paying additional accident or sick benefits for which the employee may contribute, providing such mutual aid or benefit associations or insurance companies comply with the laws of this State.

Sec. 19. Any person who shall become entitled to compensation under the provisions of this act shall, in the event of his inability to recover such compensation from the employer on account of his insolvency or other cause, be subrogated to all the rights of such employer against any insurance company or association which may have insured such employer against loss growing out of the compensation required by the provisions of this act to be paid by such employer, and in such case only a payment of the compensation that has accrued to the person entitled thereto in accordance with the provisions of this act shall relieve such insurance company from such liability

Sec. 20. It shall be the duty of every employer within the provisions of this act to send to the secretary of the State bureau of labor statistics in writing an immediate report of all accidents or injuries arising out of or in the course of the employment and resulting in death; it shall also be the duty of every such employer to report between the 15th and 25th of each month to the secretary of the State bureau of labor statistics all accidents or injuries for which compensation has been paid in accordance with the scale of compensation provided for in this act, which accidents or injuries entail a loss to the employee of more than one week's time, and in case the injury results in permanent disability, such report shall be made as soon as it is determined that such permanent disability has resulted or will result from such injury; all such reports shall state the date of the injury, including the time of day or night, the nature of the employer's business, the age, sex, and conjugal condition of the injured person, the specific occupation of the injured person, the direct cause of injury, and the nature of the accident, the nature of the injury, the length of disability and, in case of death, the length of disability before death, the wages of the injured person, whether compensation has been paid to the injured person or to his legal representative or his heirs or next of kin, the amount of compensation paid, the amount paid for physician's, surgeon's and hospital bill and by whom paid, and the amount paid for funeral or burial expense, if known.

Sec. 21. The invalidity of any portion of this act shall in no way affect the validity of any other portion thereof which can be given effect without such invalid part.

MINNESOTA COMMISSION BILL. SECTION 1. The right to compensation and the remedy therefor, herein granted, shall be in lieu of all rights and remedies, now existing either at common law or by statute either upon the theory of negligence or otherwise, for the injuries covered by this code; and no other compensation, right of action, damages or liability shall hereafter be allowed to either the injured or dependents for such injuries, so long as this code shall remain in force, unless, and to the extent only that this code shall be specifically amended.

Sec. 2. Every industrial employment in which there occurs hereafter to any of the workmen personal injuries arising out of and in the course of such employment, is for the purposes of this code hereby declared a dangerous employment, and consequently subject to the provisions of this code and entitled to all the benefits thereof.

SEC. 3. Every employer of a workman engaged in such dangerous employment shall be subject to the provisions of this code, and shall pay compensation, according to the conditions, percentages of wages and other amounts herein named, to every such workman so injured in his employment, or, in case of death caused by such injuries, to the dependents as hereinafter defined and apportioned, for all personal injuries received by such workman arising out of and in the course of such employment and disabling such workman from regular services in such employment, and not purporely self-inflicted unless to further the duties of his employment; but on the condition precedent that in case of dispute between the parties a substantial compliance with this code shall be made by such workman.

Sec. 4. No compensation shall be allowed for the first two weeks after injury received, except that covered by sections 5 and 6, nor in any case unless the employer has actual knowledge of the injury, or is notified within the period specified in section 14, or the workman relieved as provided in section 37.

Sec. 5. During the first two weeks after the injury, the employer shall in all cases furnish reasonable medical and hospital services and medicines, when needed, not to exceed one hundred dollars in value, unless the workman refuses to allow them to be furnished by the employer; provided the employer shall not be required to pay any other physician than his own for any of the medical services or expenses which he can reasonably furnish after the first aid to the injured and an opportunity of properly changing physicians is had, unless the employer knows of the necessity therefor, or is requested so to do and fails or refuses to provide the same promptly.

Sec. 6. In case the injury causes death within the period of five years, the reasonable funeral expenses not to exceed one hundred dollars shall be paid by the employer.

The board of arbitration may determine the amount that is reasonable and fair for medical, hospital and funeral expenses hereunder.

Sec. 7. In case the injury causes death within the period of five years, the compensation shall be in the amounts and to the persons following:

a. If there be no dependents, then the medical, hospital and funeral expenses, as provided in sections 5 and 6 hereof.

b. If there are wholly dependent persons at the time of the injury, then a payment of fifty per cent of the wage, to be made at reasonable intervals not longer than monthly, and to continue during dependency for the remainder of the period between the death and the end of the five years after the occurrence of the injury, but in no case to continue longer than five years after the injury or to amount to more than three thousand dollars on account of the compensation for the injury to that person.

c. If the deceased at the time of death leaves any persons who were partially dependent at the time of the injury they shall receive only that proportion of the benefits provided for those wholly dependent which the average amount of the wage contributed by the deceased to such partial dependent at, and for a reasonable time prior to, the time of the injury bore to the total wage of the deceased, during the same time.

d. The compensation granted by this code in case of death shall be paid to one of the following persons, if either wholly or partially dependent, 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; (2) guardian of children, (3) father, (4) mother, (5) sister, (6) brother.

Payment to a person subsequent in right shall be lawful and shall discharge all claim therefor if the person having the prior right has not claimed the payment within thirty days of the time it becomes due, and the employer does not know or by reasonable inquiry can not ascertain within a reasonable time where the payment can be made to the person prior in right.

e. The person to whom the payment is made shall apply the same to the use of the several beneficiaries according to their respective claims upon the decedent for support. In case any payee or employer is not certain as to the person to whom payment or distribution should be made, or as to the proportions thereof, and in case any beneficiary is not satisfied with the distribution thereof, application may be made to the board of arbitration to designate the person to whom payment shall be made and the apportionment thereof among the beneficiaries, and payment and distribution shall thereafter be made in accordance with the decision the board, if the matter of proper dependents be in dispute or incapable of prompt determination, and the amount of compensation due is not disputed, the board may order the money to be paid over to it to be held for the proper dependents.

Sec. 8. In case of temporary or permanent total disability of the workman from the time the payment period begins until the end of the five-year period, or during any portion thereof, the compensation shall be fifty per cent of the first two thousand dollars of the annual wage during such disability; payment to be made at the intervals when such wage was payable as nearly as reasonably can be, but in no case to continue longer than five years from the injury, and not to include the time when the rule for payment upon death would operate.

Šec. 9. (a) In case of temporary or permanent partial disability, the workman shall receive fifty per cent of the necessary decrease on the first two thousand dollars of his annual wage during the continuance of such decrease, but not longer than five years in time from the injury and not to include the time when the rules of payment for death or total disability would operate.

(b) Whether the disability be partial or total, if the body be maimed or disfigured, the compensation shall be determined as nearly as may be as follows:

1. If there be such loss or disfigurement as amounts to, or is the equivalent of, a loss of as much as, or more than, both ears, eyes, hands or feet, or to one each of two or more thereof, then for such 'maiming or disfigurement forty per cent of the first two

85048°—Bull. 92-11-11


thousand dollars of the yearly wage during so much of the five-year period as the workman remains alive.

2. Or if there be such loss or such disfigurement as not to come within the last subsection, and to amount to a loss of one of any of such organs, or to the loss of one and other injuries, then fifteen per cent of the first two thousand dollars of the annual wage during so much of the five-year period as the workman remains alive.

3. If the body be otherwise maimed or disfigured not sufficiently to come within either of the above subsections, then such percentage of the first two thousand dollars of the annual wage during the continuance of the injury, not exceeding the five-year period or the life of the workman, as would bear a just proportion to the percentages under the foregoing subsections.

4. In addition to such percentages for maiming and disfigurement, there shall be the compensation for total or partial disability as provided in and only according to the provisions of sections 4, 5, 6, 7, 8 and paragraph (a) of section 9 hereof, except that the percentages therefor under this subsection shall be figured only on the balance of the first two thousand dollars of the annual wage after allowing the percentages for maiming and disfigurement under the foregoing subsections; but this whole section shall apply during the life of the injured only, and upon his death, as a result of such injuries within the five-year period, then the percentages specified in sections 7, 8 and par. (a) of 9 shall thereafter be applicable.

Sec. 10. (a) The amounts payable periodically under the foregoing sections may be commuted on a fair basis to one or more lump sum payments by the board of arbitration, with the consent of the employer and workman or his dependents, at any time after six months if special circumstances be found which in the judgment of the board require the same.

(b) The board of arbitration may at any time by award allow any employer or any insurer of such employer with the consent of the workman or his dependent to compromise and settle any award by the transfer of property or the settlement of any annuity or other form of benefits, if special circumstances be found which in the judgment of the board require the same.

11. (a) When the workman is employed at the time of the injury in a regular capacity at a fixed and reasonable wage which remains unaltered and continuous substantially throughout the year either in his own case or in the case of persons engaged in the like employment, the wage taken as the basis of compensation under the foregoing sections shall mean the wage so paid, reckoned on such yearly basis.

(b) Where the workman is at the time of the injury employed other than as above provided, the wage so taken shall be an average or fair wage which the particular workman ought to receive on a reasonable basis, considering the rate he has been getting, his ability and willingness to work, the nature of the service he was performing, and all of the other circumstances of the case.

Sec. 12. (a) If the employer shall clearly establish that the injuries, death, or disability were due in whole or in part to the workman's previous injuries, sickness, disease, physical or mental ailments or deficiencies, age, or infirmity, then and to that extent only the compensation herein allowed shall be correspondingly reduced.

(b) If the workman or a beneficiary under this code shall clearly establish that the injured was a minor or apprentice of such age and experience or of such physical condition when injured that under natural conditions he would be expected to increase in wages, these facts may be considered in arriving at his reasonable wage, to conform to the spirit of this code.

(c) If the employer shall clearly establish that the injured was a person of such old age or physical condition at the time of the injury that under natural conditions he would not be expected to continue to earn full wages during the whole five-year period, these facts may be considered in arriving at his reasonable wage and his probable length of earning capacity at the time of the injury:

(d) The compensation or other rights or remedies provided or awarded or the defenses thereto shall never be vested except subject to such changes as the provisions of this code allow.

Sec. 13. If it be found as a fact by the board in its award that the employer had notice or knowledge of the occurrence of the injury, and also that such injury was severe enough to immediately and completely disable the workman from continuing his work then and in such case the notice under section 14 shall not be essential.

Sec. 14. (a) Unless the employer shall have the notice or knowledge provided in section 13, or unless the workman or some one on his behalf, or some of the dependents or some one on their behalf or some other person, shall give notice thereof to the employer within fourteen days or be relieved therefrom according to this code, then no compensation shall accrue until such notice is given.

(b) If the notice is given within thirty days, no want, failure, or inaccuracy of a notice shall be a bar to obtaining compensation, unless the employer shall show that he was prejudiced by such want, defect, or inaccuracy, and then only to the extent such prejudice is shown.

(C) If the notice is given within ninety days, and if the workman or other beneficiary shall show that his failure to give prior notice was due to his mistake, inadvertence, ignorance of fact or law, or inability, or to the fraud, misrepresentation, or deceit of another person connected with, or acting for the employer or to any other reasonable cause or excuse, then compensation may be allowed, but reduced to the extent only that the employer shall show that he was prejudiced by failure to receive such notice.

(d) Unless and until such notice begiven within ninety days of the injury if the service can be made within the State or relief granted under section 37 or excepted under section 23 hereof, no compensation shall be allowed.

SEC. 15. The notice may be served personally upon the employer, or upon any agent of the employer, or authority upon whom a summons may be served in a civil action, or by sending it by registered mail to the employer at the last known residence or business place thereof, and may be, and when the requirement is reasonable shall be, in substantially the following form:

Notice to employer of personal injury received: You are hereby notified that an injury was received' by (name) who was in your employ at (place) at the job of (kind of work) on or about the day of ...... 19.., and who is now located at (give town, street and number). that so far as now known the nature of the injury was and that compensation may be claimed therefor.


(Giving address.) But if the employer receives a notice sent within time and improper in form, he must immediately return the same to the last known address he has for such workman and point out in writing the deficiency of such notice, or be bound as having sufficient knowledge; and if such notice is so returned an immediate new notice may be given by the workman.

Sec. 16. (a) After an injury and during the period of disability, the workman, if so requested by his employer or ordered by the board must submit himself for examination at reasonable times to a physician selected by the employer authorized to practice under the laws of the State.

(b) If the workman requests, he shall be entitled to have a physician of his own selection at reasonable times to participate in such examinations.

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

(e) Unless there has been a reasonable opportunity thereafter, for such physician selected by the workman to participate in an 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 workman in a dispute as to the injury.

Sec. 17. The board of arbitration shall have the power to employ a neutral physician of good standing and ability who shall, at the expense of the county, make such examination or examinations as the board may request either of its own motion or on the petition of either or both the employer and workman or dependents, and in case of death the board may require an autopsy to be held,

Sec. 18. If the employer or the workman has a physician make such an examination and no reasonable opportunity is given to the other party to have his physician make examination, then in case of a dispute as to the injury, the physician of the party making such examination shall not give evidence before the board, unless a neutral physician of the board of arbitration either has examined or then does examine the injured workman and gives testimony regarding the injuries.

Sec. 19. If the workman shall refuse examination at such reasonable time or times as the board shall order, by physicians selected by the employer, in the presence of a physician of his own selection, or an examination by the physician of the board of arbitration, he shall have no right to compensation during the period from such refusal until he or some one on his behalf notifies the employer or board of arbitration that he is willing to have such examination.

(a) If the neutral physician make an examination, he shall file with the board a certificate under oath as to the condition of the workman, and such certificate shall be competent evidence of that condition.

(b) The physician and hospital shall immediately give written notice of the injury to the employer if they know or can reasonably obtain his name and address; if either fails to comply herewith such one shall not be entitled to collect compensation or expenses for treating the injured.

SEC. 20. (a) All settlements and releases made in which the workman is given the full benefit of this code shall be binding upon all parties, except that no settlement



where the workman is entitled to receive payments longer than a period of ninety days from the injury, and no lump sum settlement, shall be binding upon the workman, unless and until the same be approved by the board.

(b) If the employer and the workman, or the legal representatives of either, or both, are able to reach an agreement in regard to compensation or any other matter under this code, a memorandum of such agreement may be filed with the board; and if approved by it as conforming to this code, an award shall be entered thereon in conformity therewith and be of the same force and effect as awards entered upon a hearing; but the board shall have the power to investigate the matter before approved sufficiently to determine whether it is a fair settlement.

(c) The board may at any time require from the employer or insurer thereof a copy or report of any settlement or release or class of settlements or releases made with the injured workman.

SEC. 21. The right of compensation granted by this code shall have the same preference for the whole thereof against the assets of the employer as is allowed by law for a priority claim for unpaid wages for labor.

Sec. 22. Claims or payments due under this code shall not be assignable, and shall be exempt from all claims of creditors and from levy, execution, or attachment; but this shall not relieve the injured from his legal duties of support as between himself and family.

Sec. 23. (a) As a condition precedent to recovery upon a claim for compensation, in case of dispute over, or failure to agree upon a claim for compensation, the workman or the dependents or others entitled to the benefits hereof as the case may be shall submit the claim for compensation hereunder both as to the fact and nature of the injuries and the amount of compensation therefor, to a board of arbitration as hereinafter specified, in substantial compliance with this code, and shall be and remain bound by the award and such modifications thereof as shall be made under the provisions of this code.

(b) If the employer or any other interested persons appear in any proceeding herein to contest the merits thereof or to get or accept or carry out the benefits of the provisions of this code, such person shall be deemed to have appeared generally and joined in a submission of such matter to the decision of the board and the conditions of this code.

(c) The board shall acquire and have jurisdiction of the employer and all other persons interested in said proceeding by the service of the notice upon them according to sections 30, 31 and 32 of this code, or by their general appearance, or by reference from the district court.

(d) When the board obtains jurisdiction of any party or matter, then it shall retain the same so long as may be necessary to carry out the purposes of this code whether the parties do or do not remain within the State; provided that while any portion of said matter be before the district court or supreme court for determination or other purposes, the jurisdiction of this board for that matter shall be suspended.

(e) No workman or dependent or other person interested in such compensation shall be entitled to commence or maintain any action at law or suit in equity for such compensation until the amount thereof shall have been determined as herein provided, and then only for the amount so awarded and according to the terms and conditions of the award and the benefits of this code; provided this whole section shall not prevent the obtaining of jurisdiction in so far as it can be done pursuant to the fundamental laws, under the next subsection hereof.

(f) In any case where service can not be made within this State to acquire jurisdiction before this board as herein otherwise provided, the usual procedure shall be had before the board to the extent of serving the notice outside of the jurisdiction of the State in the same method as it would be served within the jurisdiction of the State, and the person upon whom it shall be served shall have the regular time to appear in said proceeding before said board.

If he does not appear generally therein, then the person making the application shall have the right to institute a suit in equity in the district court of the county, setting forth the facts; and if jurisdiction can be acquired in said court by attachment or otherwise, as provided by the practice and proco]vre in this State in said court, then upon the joining of issue, said court shall refer the quercions of fact for determination to a board of arbitration to hear, try and determine and make its award conformable to this code and report such award back to the said dietrict court, which shall, if it approves the same on the notice specified for entering judgment upon other awards as against the objection herein provided for such other awards, then enter a judgment thereon, and the judgment when entered shall have the same force and effect and be subject to all the other provisions of this code as if the award had been made by appearance before the regular board and judgment had been entered thereon; if its disapproval of the

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