385 (12-Loss of fingers and part of palm not compensable as total loss of hand. Millers' Indemnity Underwriters v. Huffaker et al. (Tex.).. 531 385 (12) Compensation properly allowed for loss of metacarpal bones in addition to compensation for loss of fingers.-Compensation properly allowed for finger made stiff and useless, though not severed. Quave v. Lott-Batson Lumber Co., Ltd. (La.)... 564 MacKenzie 139 385 (13)-Loss of fingers held not compensable as loss of hand. v. Western Indemnity Co. (Tex.) 385 (13) Fracture of arm held to require compensation as for permanent partial disability. Daniels v. Shreveport Producing & Refining Corporation (La.) 385 (13)-Employee held entitled to compensation for permanent disfigurement of hand. Frank W. Williams Co. v. Industrial Commission et al. (Ill.) 385 (14) Compensation for loss of use of feet proportionate to degree of permanent partial impairment. Lauritzen v. United States Reduction Co. (Ind.) 385 (14)-Loss of use of one foot and partial use of other foot held not "total disability," within Compensation Law. Crockett V. F. T. Coppino & Sons et al. (N. Y.) (15). Temporary disability. (16). Expenses of medical or surgical treatment, and nursing. 385 (16) Compensation claimant excused from giving notice; medical treatment not alowable as compensation without request. Okmulgee Democrat Pub. Co. V. State Industrial Commission of Oklahoma (Okla.) 385 (16) Compensation insurer held liable for cost of medical treatment obtained by employee. Newhall Land & Farming Co. et al. v. Industrial Acc. Commission et al. (Cal.).... 385 (16) Compensation Act authorizes State Board to change doctors without notice to employer.-Compensation Act held to authorize Board's interference with medical treatment.-Interference with medical treatment provided under Compensation Act held justified. Eikenbarry v. Northport Smelting & Refining Co. (Wash.).... 385 (16)-Medical treatment not allowable as compensation without request. St. Louis Smelting & Refining Co. et al. v. State Industrial Commission et al. (Okla.) ....... (17). Deductions or set-offs, and duty of claimant to reduce 429 401 210 612 75 183 643 626 385 (17) Justifiable refusal of under compensation law. 385 (17) Compensation properly limited by deducting payments made. Daniels v. Shreveport Producing & Renfining Corporation (La.).... 429 (18). Submission to surgical operation. (19). Excessive award. (20). 385 (20) Commutation of payments and award of grosss sum. Arbitrator's power to award compensation in lump sum limited. Gilmore v. Western Coal & Mining Co. (Kan.).... 385 (20) 33 75 Authority to "commute" compensation payments defined.-Commutation of compensation upheld. Okmulgee Democrat Pub. Co. v. State Industrial Commission of Oklahoma (Okla.). 385 (20) Compensation for permanent disability cannot be diminished by lump sum allowance. Sims v. Eberhardt Const. Co. et al. (Kan.).. 216 385 (20) Compensation may be awarded in lump sum or in periodical payAnderson v. Commonwealth Oil & Refining Co. et al. (Kan.) 213 DEATH BENEFITS. 386. ments. (1). In general. Deductions. 386 (1) Rule for computing compensation to partial dependents stated La Londe v. Jennieson Hardware Co. et al. (Mich.).. (2). (4). 585 Commutation of payments and award of gross sum. (5). Apportionment of payments. 386(5) Widow entitled to half of compensation for death. Millers' Indemnity Underwriters v. Schreiber et al. (Tex.).. 296 386 (5) Compensation for death of childless husband goes to surviving wife. Gates v. Texas Employers' Ins. Ass'n (Tex.). 526 $387. DOUBLE COMPENSATION. 387-Additional compensation held not allowable for impairment of physical function. Craft v. Gulf Lumber Co. (La.).... (20) 225 § 388. PERSONS ENTITLED TO COMPENSATION FOR DEATH OF EMPLOYEE (DEPENDENTS). 65 229 271 333 512 472 388-Woman marrying employee after injury held not a "dependent" within compensatoin act. Dahlquist v. Nevada Industrial Commission (Nev.) 388-Parents claiming compensation held dependent on minor son.-Compensation claimant's dependency "at the time of injury and death" not limited to moment of death. Gregory et al. v. Standard Oil Co. of Louisiana (La.) 388-Allowance to state treasurer authorized by compensation law. State Treasurer v. West Side Trucking Co. (N. Y.).. 388-Sister not dependent of brother because of occasional gifts. American Fuel Co. of Utah et al. v. Industrial Commission of Utah et al. (Utah) 388-Test of dependency, within Compensation Act, stated.-Parents of child contributing substantial sum to support of family, "Dependents," within Compensation Act-Father of minor employee held a "Dependent" within Compensation Act. Chicago, Wilmington & Franklin Coal Co. v. Industrial Commission et al. (III.).. 378 388-Representative of deceased compensation claimant entitled to accrued unpaid installments.-Right to compensation for death personal to employee's legal beneficiaries. Moore et al. v. Lumbermen's Reciprocal Ass'n (Tex.) 388-Right to compensation not lost by death of beneficiary. Industrial Commission of Ohio v. Dell et al. (Ohio). 388-Parents, though entitled to minor's wages, may be "dependents" within Compensation Act.-Parents of minor child held "dependent" within Compensation Act. Hamilton et al. v. Texas Co. (La.). 439 388-Compensation for workman's death payable to minor children on death of widow. In re Whitman (Ind.) 550 388-Employee's cousin held a "dependent" member of his family within Compensation Act. Holmberg v. Cleveland-Cliffs Iron Co. (Mich.) 592 388-Partial dependency sustains compensation award. Appignani et al. v. Staten Island Rapid Transit Co. (N. Y.) 388-Father held partial "dependent" of son within Compensation Act. Tintic Milling Co. et al. v. Industrial Commission of Utah (Utah).. 641 389. SUBROGATION TO RIGHTS OF INJURED EMPLOYEE. 389-Evidence of amount paid under compensation act for death inadmissible against wrongdoer. Cawley v. People's Gas & Electric Co. (Iowa) 389-Payment of compensation not operative as "assignment of cause of action" under statute of other state. Anderson v. Miller Scrap Iron Co. et al. (Wis.) 389-Insurer not entitled to be subrogated to compensated employee's rights against wrongdoer. Bouchon V. Southern Surety Co. et al. (La.) 389-Compensation act gives no new right of action against wrongdoer causing death. Fidelity & Casualty Co. of N. Y. v. St. Paul Gas Light Co. (Minn.) 389-Insurance carrier not subrogated under orignal compensation act. Fox et al. v. Dallas Hotel Co. (Tex.) 389-Compensation Law Amendment providing for recovery against wrongdoer held retroactive. Dakota Central Telephone Co. V. Mitchell Power Co. (S. D.) 339-Third person's negligence constitutes "legal liability" within Compensation Act. Grand Rapids Bedding Co. v. Grand Rapids Furnitue Temple Co. (Mich.) 608 25 155 239 262 316 510 454 against 389-Amount of compensation paid by insurer bringing action third person immaterial. Chaves v. Weeks (Mass.). 389-Amount of compensation paid by parties suing third peson immaterial. Portland Gaslight Co. v. Ruud.-Riley v. Same.-Fournier v. Same (Mass.) 389-Employer of deceased employee subrogated to rights of dependent electing to take compensation.-Judgment for employee's administratrix against wrongdoer held no bar to employer's recovery under Compensation Act-Wrongdoer sued under Compensation Act entited to defenses available against employee's administrator.— Employer entitled to recover from wrongdoer compensation payments made up to time of trial. City of Grand Rapids v. Crocker et al. (Mich.) § 390. PAYMENT OF COMPENSATION. 570 572 577 § 3912. PENALTY FOR DEFAULT OR DELAY. § 392. § 393. AUDIT OF CLAIMS INCURRED OR PAID BY BOARDS OR TERMINATION OF PAYMENTS. 393-Right to compensation does not pass to employee's heirs.-Wife and § 3934. § 393%. PRIORITIES. MEDICAL ATTENDANCE AND SERVICES. 407 not entitled to recover (C) PROCEEDINGS 394. NATURE AND FORM OF REMEDY. paper Union v. Dee (Neb.) 62 397. BOARDS AND COMMISSIONS. 397-Appearance of Deputy Commissioner as attorney for compensation §3972. REPORT OF ACCIDENT. § 398. NOTICE OF INJURY OR CLAIM, AND DEMAND FOR COMPEN- 450 398-Barred compensation claim not revived by change in limitations. Car- 398 Prescription against claim for compensation held not to run until em- (La.) 398-Letter to commission from employee held an "application" within 71 75 233 228 183 272 wrong- doer causing death of employee within compensation act. Fidel- 262 266 398-Time for filing compensation claim runs from date of accident.-Com- Hopper v.. Wilson & Co. (Kan.). 503 547 558 398-Compensation claimant's failure to give "notice" held not excusable. Avellino v. McKee Refrigerator Co. et al. (N. Y.). 3982. ARBITRATION. 617 3991⁄2-Arbitrator authorized to determne issue of mistake in compensation settlement, Crawn v. Fowler Packing Co. (Kan.).... 554 § 399. MEDICAL EXAMINATION OF CLAIMANT. 399-Compensation claimant not bound to submit indefinitely to medical treatment to demonstrate permanency of injury. Greek v. SlossSheffield Steel & Iron Co. (Ala.) 365 $400. PARTIES. 400-Compensation claimant's dependency must be proved when not presumed. Gregory et al. v .Standard Oil Co. of Louisiana (La.)... 229 400-Compensation insurance carrier benefited by subrogation cannot sue in own name under Judicature Act, Michigan Employers' Casualty Co. V. Doucette (Mich.) 400-Under Compensation Act prior to amendment, employer and insurer were necessary parties to action against third person. Carlsen v. Diehl (Cal.) § 401. PLEADING. 460 537 249 208 237 401-Reopening of compensation case for trial on amended answer denying employment held proper. Hammett v. Gilliland Oil Co. (La.). 401-Lack of notice of compensable injury must be specially pleaded. Baldwin Tool Works v. McDowell (Ind.). 401-Proper to claim compensation in the alternative in action for tort. Hale v. Gilliland Oil Co. (La.)... 401-Exception lies when defect in petition for compensaton is substantial. Dewey v. Lutcher-Moore Lumber Co. (La.). 401-Compensation for temporary total disability recoverable on petition alleging permanent partial disability. Sears v. Peytral (La.)... 566 401-Allegations, in answer to compensation insurer's declaration against 433 570 third person for employee's death, held immaetrial and properly stricken. Irrelevant references to compensation insurance of plaintiff's intestate incompetent. Chaves v. Weeks (Mass.) 401-Rights of employer and compensation insurer to subrogation enforceable, without alleging action brought in their behalf. Portland Gaslight Co. v. Ruud.-Riley v. Same.-Fournier v. Same (Mass.) 572 § 402. EVIDENCE. § 403. PRESUMPTIONS AND BURDEN OF PROOF. 403-Statutory presumption of a wife's dependency defined. Empire Zinc Co. v. Industrial Com'n et al. (Colo.).. 403-Compensation claim presumed within act. Southwestern Grocery 11 79 Co. v. State Industrial Commission et al. (Okla.).. 403-Burden on employer and compensation insurer to defeat award to state treasurer. State Treasurer v. West Side Trucking Co. (N. Y.) 272 403-Master's noncompliance with Oklahoma compensation law must be proved. Osagera v. Schaff (Mo.) 266 403-Burden of proving employee's election under compensation act is on claimant. Pope Mining Co. v. Brown (Ky.). 403-Burden is on employee to prove compensable disability. Baldwin Tool Works v. McDowell (Ind.)... 221 208 403-Burden on compensation claimant to show injury in employment. Hogan et al. v. State Industrial Commission et al. (Okla.). 481 § 404. ADMISSIBILITY. 404-Admission of inadmissible testimony in compensation proceedings improper. Ballou's Case (Me.) 35 404-Signing of election under compensation act provable by other evidence than signature. Pope Mining Co. v. Brown (Ky.). 404-Evidence of inability to employ compensation claimant inadmissible. Sims v. Eberhardt Const. Co. et al. (Kan.). 405 (1)—Finding accidental injury is within compensation act cannot rest mere conjecture. Allen v. Robert Gage Coal Co. (Mich.)... 254 405 (1) Compensation award cannot rest on conjecture. Springfield Dist. Coal Mining Co. v. Industrial Commission et al. (Ill.). 386 405 (1) Compensation award cannot rest on conjecture. Springfield Dist. Coal Mining Co. v. Industrial Commission et al. (Ill.). 405 (1) Compensation award cannot rest on conjecture. Springfield Dist. Coal Mining Co. v. Industrial Commission et al. (Ill.) 405 (1) Compensation claim must be established by preponderance of evidence. Kraft v. West Hotel Co. (Iowa).. 389 384 417 405 (1) Mistake in compensation agreement shown. Crawn V. Fowler 554 574 405 (1) Finding that employee was killed by elevator counterweight held (2). Relation of parties. 405 (2) Evidence held to justify denial of compensation for lack of statu- 405 (3). Acceptance or rejection of statute. 405 (4)-Evidence held to show compensable injury to arm. Brownlee v. 405 (4)-Evidence in compensation case held to show burns caused death 405 (4)-Finding of compensable injury causing death by tubercular peri- 405 (4) Evidence held insufficient to justify compensation for death of 533 219 221 19 34 35 109 111 127 253 296 405 (4) Evidence in compensation case held to show death from disease 405 (4)-Finding of want of compensable injury to eye sustained. League 405 (4) Evidence held to show injuries to news stand salesman at sub- as 212 161 289 508 405 (4) Finding of accidental death held not sustained by evidence in 382 385 441 450 405 (4) Evidence zens' Coal Mining Co. v. Industrial Commission et al. (Ill.). held to show compensation claimant's injury caused 402 Citi- 393 574 405 (4)-Evidence as to the cause of death of miner within Compensation 560 630 |