same may be recovered in the same manner as claims for wages are now collectible.

Fees of attorneys and physicians for services under the provisions of this article shall be subject to the approval of the industrial accident board.

Fees.

3193 nn. SEC. 133. If an injured employee refues employment Payments suspended, suitable to his capacity, procured for him, he shall not be entitled when. to any compensation at any time during the continuance of such refusal, unless in the opinion of the industrial accident board, such refusal was justifiable, and if an employee receives an injury for which compensation is payable, after having received an injury in another employment, he shall be entitled to compensation by the subsequent employer (not being the employer for whom he worked at the time of a former injury) for the subsequent injury in the same amount as if the previous injury had not occurred.

3193 00. SEC. 134. Wherever in this article the singular is used, Construction. the plural shall be included; where the masculine gender is used, the feminine and neuter shall be included.

3193 pp. SEC. 135. The following shall constitute employers subject to the provisions of this article:

Every person, firm, association and corporation (excepting the employers mentioned in 3103 vv. section 141 and 3193 ww. section 142 hereof) having in his or its service any employee as defined in 3193 qq. section 136 of this article. If the employer is insured, it shall include his insurer as far as practicable.

3193 qq. SEC. 136. The term "employee" as used in this article shall be construed to mean:

Every person in the service of every natural person, firm, association and corporation (excepting the employees mentioned in 3193 vv. section 141 and 3193 ww. section 142 hereof) under any contract of hire for a valuable consideration, but not including any person whose employment is casual and not in the regular course of the trade, business, profession, or occupation of his em ployer, and not including persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale in the worker's own home, or on other premises not under the control or management of the employer.

Employers.

Employees.

3193 rr. SEC. 137. The terms "injury" and "personal injury" Injury. as used in this article, shall be construed to mean only violence to the physical structure of the body and such disease or infection as naturally results directly therefrom when reasonably treated; and whenever death is mentioned as a cause for compensation under this article, it shall mean only death resulting from such violence and its resultant effects when reasonably treated as aforesaid, and occurring within two hundred and seventy weeks after the accident.

3193 ss. SEC. 138. The term "personal injury sustained by accident arising out of and in the course of the employment":

(a) Shall not cover an employee except while he is engaged in, on, or about the premises where his services are being performed, which are occupied by, or under the control of the employer (his presence being required by the nature of his employment), or while he is engaged elsewhere in or about his employer's business where his services require his presence as a part of such service at the time of the injury.

(b) It shall not include any injury caused by the willful act of another directed against him by reasons personal to such employee and not directed against him as an employee or because of his employment.

(e) It shall not include a disease or infection, except as it shall result from the injury when reasonably treated.

3193 tt. SEC. 139. The term "dependent" shall include all persons other than the injured employee who are entitled to compensation under the provisions of the elective schedule set forth in this article, and wherever the context requires it shall be held to include the personal representatives, and the widow or widower

45615°-Bull. 243-18-11

Restrictive

clause.

Dependent

of the deceased, and guardians of infants and trustees for incompetent persons.

3193 uu. SEC. 140. Wherever in this article the term "wages" is used, it shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, and shall not include gratuities received from the employer or others, nor shall it include board. lodging or similar advantages received from the employer, unless the money value of such advantages shall have been fixed by the parties at the time of hiring. In occupations involving seasonal employment or employments dependent upon the weather, the employee's weekly wages shall be taken to be one-fiftieth of the total wages which he has earned from all occupations during the year immediately preceding the accident, unless it be shown that during such year, by reason of exceptional causes, such method of computation does not fairly ascertain the earnings of the employee, in which case the period for calculation shall be extended so far as to give a basis for the fair ascertainment of his average weekly earnings. In continuous employments, if immediately prior to the accident the rate of wages was fixed by the day or hour, or by the output of the employee, his weekly wages shall be found by dividing the total amount earned, excluding earnings from overtime, during so much of the preceding six months as he worked for the same employer, by the number of weeks, or fraction thereof, in such period. If the employee had been per manently advanced or demoted in position or his rate of wages permanently increased or decreased within such period, only the earnings and number of weeks of such position or at such rate should be considered in computing his average weekly wage.

3193 vv. SEC. 141. This article shall not apply to farm laborers domestic servants, officers and servants of the State, or any governmental agency created by it, nor to their respective employers; nor to the employers or employees in any employment in which less than five persons are employed.

3193. ww. SEC. 142. This article shall not apply to employees injured or killed while engaged in interstate or foreign commerce, nor to their employers, in case, and whenever, the laws of the United States provide for compensation or for liability for such injury or death.

3193 xx. SEC. 143. If any portion of this article shall be held unconstitutional, the whole article shall become ineffective and

void.

This act shall begin and take effect from the first day of January A. D., 1918.

Approved April 2, 1917.

HAWAII.

ACTS OF 1917.

ACT No. 227.-Compensation of workmen for injuries.

[This act amends several sections of the compensation law of the Territory, act No. 221, acts of 1915. Section 1 is amended so as to read as follows:]

SECTION 1. This act shall apply to any and all industrial employment, as hereinafter defined. If a workman received [receives] personal injury by accident arising out of and in the course of such employment or by disease proximately caused by such employment, or resulting from the nature of such employment, his employer or the insurance carrier shall pay compensation in the amounts and to the person or persons hereinafter specified.

[Section 10 is amended by substituting the word “act" for the word "section" in the first line thereof.]

SEC. 3. Section 12 of act 221 of the session laws of Hawaii, 1915, is hereby amended so as to read as follows:

Scope of law.

Disease,

Medical, etc.,

SEC. 12. During the disability the employer shall furnish reasonable surgical, medical and hospital services and supplies not exceeding the amount of one hundred and fifty dollars ($150). attendance. The pecuniary liability of the employer for the medical, surgical, and hospital service herein required shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured person.

In the event of the failure of the employer promptly to provide such physician or surgeon or such medical, surgical, or hospital services, the injured employee may provide the same at the expense of the employer.

If it shall appear to the board that the injured employee has refused to accept the services of a competent physician or surgeon, or has refused the reasonable surgical, medical or hospital services provided by the employer, the board may in its discretion reduce the amount provided for medical attendance to which said employee might otherwise be entitled or consider such refusal on the part of the employee to be a waiver by him of any right to medical attendance hereunder.

[Section 13 is amended by changing 14 to 7 in the third line, to correspond with the reduction of the waiting period, also by adding at the end of the first paragraph the words: "But no adjudication of permanent disability shall be made until after two weeks from the date of injury."]

SEC. 5. Section 14 of act 221 of the session laws of Hawaii, 1915, is hereby amended so as to read as follows:

Partial dis

SEC. 14. (a) Where the injury causes partial disability for work, the employer, during such disability and for a period of ability. three hundred and twelve weeks beginning with the first day of disability, shall pay the injured workman a weekly compensation equal to fifty per cent of the difference between his average weekly wages before the accident and the weekly wages he will most probably be able to earn thereafter, but not more than twelve dollars ($12) a week. In no case shall the weekly pay ments continue after the disability ends, and in case the partial disability begins after a period of total disability the period of total disability shall be deducted from such total period of three

Schedule.

hundred and twelve weeks, nor shall the amount of compensation paid in any case exceed in the aggregate the sum of five thousand dollars ($5,000). But no adjudication of disability shall be made until after two weeks from the date of injury.

(b) In case of disability partial in character but permanent in quality the compensation shall be fifty per cent of the average weekly wages and shall be paid to the employee for the period named in the schedule as follows:

For the loss of a thumb, sixty weeks;

For the loss of a first finger, commonly called index finger, forty-six weeks;

For the loss of a second finger, thirty weeks;

For the loss of a third finger, twenty-five weeks;

For the loss of a fourth finger, commonly called the little finger, fifteen weeks;

The loss of the first phalange of the thumb or finger shall be considered to be equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount above specified. The loss of more than one phalange shall be considered as the loss of the entire thumb or finger: Provided, however, That in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;

For the loss of a great toe, thirty-eight weeks;

For the loss of one of the toes other than the great toe, sixteen weeks;

The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of said toe, and the compensation shall be one-half of the amount specified. The loss of more than one phalange shall be considered as the loss of the entire toe; The loss of a hand, two hundred and forty-four weeks; For the loss of an arm, three hundred and twelve weeks; For the loss of a foot, two hundred and five weeks; For the loss of a leg, two hundred and eighty-eight weeks; For the loss of an eye, one hundred and twenty-eight weeks; The permanent and complete loss of hearing in both ears, three hundred and twelve weeks. The permanent and complete loss of hearing in one ear, sixty weeks. The loss of both ears, one hundred and twenty-eight weeks. The loss of one ear, sixty weeks; Permanent loss of the use of hand, arm, foot, leg, eye, thumb, finger, toe, or phalange, shall be considered as the equivalent of the loss of such hand, arm, foot, leg, eye, thumb, finger, toe or phalange;

Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of hand. Amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be con sidered as the loss of an arm. Amputation at or above the knee shall be considered as the loss of the leg.

The compensation for the foregoing specific injuries shall be in lieu of all other compensation, except the benefits provided in section 13 of this act.

In case of an injury resulting in serious facial or head disfigurement the board may, in its discretion, make such award or compensation as it may deem proper and equitable, in view of the nature of the disfigurement, but not to exceed five thousand dollars ($5,000).

In all other cases in this class of disability, the compensation shall be fifty per cent of the difference between his average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability, but subject to reconsideration of the degree of such impairment by the board on its own motion or upon application of any party in interest.

SEC. 6. Section 30 of act 221 of the session laws of Hawaii, 1915, is hereby amended so as to read as follows:

SEC. 30. If the employer and the injured employee reach an agreement in regard to compensation under this act, a memorandum of the agreement shall be filed with the board, and, if approved by it, thereupon the memorandum shall for all purposes be enforceable under the provisions of section 39, unless modified as provided in section 37.

Such agreement shall be approved by the board only when the terms conform to the provisions of act 221 of the session laws of Hawaii, 1915, as amended.

No agreement between the parties for a lesser sum than that which may be determined by the board to be due shall operate as a bar to the determination of the controversy upon its merits, or to the award of a larger sum, if it be determined by the board that the amount agreed upon is less than the injured employee or his dependents are properly entitled to receive.

SEC. 7. Section 31 of act 221 of the session laws of Hawaii, 1915, Is hereby amended so as to read as follows:

SEC. 31. If the compensation is not settled by agreement, the board shall upon the filing with the board of a copy of the claim for compensation allow a full trial and shall make an award which shall be filed with the record of proceedings, and shall state its conclusions of fact and rulings of law and shall immediately send to the parties a copy of the award.

Provided, however, That at any time prior to the filing with the board of a copy of the claim for compensation, either party may make application to the board for the formation of a committee of arbitration. Such committee shall consist of three members, one of whom shall be a member of the industrial accident board, or appointed by it, who shall act as chairman. The other two members shall be named, respectively, by the parties. If a vacancy occurs, it shall be filled in the same way as the original appointment.

SEC. 8. Section 34 of act 221 of the session laws of Hawaii, 1915, is hereby amended so as to read as follows:

SEC. 34. Each industrial accident board may appoint a duly Medical exqualified impartial physician to examine the injured employee and amination. to report.

SEC. 9. Section 39 of act 221 of the session laws of Hawaii, 1915, is hereby amended so as to read as follows:

Enforce

SEC. 39. Any party in interest may file in the circuit court in the jurisdiction of which the injury occurred a certified copy of ment of award. a decision of the board awarding compensation, from which no appeal has been taken, within the time allowed therefor, or a certified copy of a decision of the board awarding compensation from which decision an appeal has been taken but as to which decision neither the board nor the court has ordered that the appeal therefrom shall operate as a supersedeas or stay, or a certified copy of a decision of an arbitration committee awarding compensation from which no claim for review has been filed with In the time allowed therefor, or a certified copy of a memorandum of agreement approved by the board, whereupon said court shall render a decree or judgment in accordance therewith and notify the parties thereof. Such decree or judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said decree or judgment had been rendered in a suit duly heard and determined by said court, except that there shall be no appeal therefrom.

Provided, however, That in all cases where an appeal from the decision of the board has been taken within the time provided therefor, but where neither the board nor the court has ordered that such appeal shall operate as a supersedeas or stay, the decree or judgment of said circuit court shall provide that said decree or judgment shall become null and void in the event that the court shall set aside the decision or award of the board.

SEC. 10. Section 45 of act 221 or the session laws of Hawail, 1915, is hereby amended so as to read as follows: