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KENTUCKY.

ACTS OF 1918.

CHAPTER 176.-Compensation of workmen for injuries.

[This act amends the compensation law of the State (ch. 33, acts of 1916) by substituting three for five in the first line of section 1, thus making the law applicable to employers of three or more employees, instead of only to those employing five or more persons.

Section 7 is amended by substituting the words "seven days" for the words "two weeks" where they occur, thus reducing the waiting time by one-half; but this provision is not to be in effect until August 1, 1918.

Sections 16 and 17 are likewise amended by substituting the words "seven days" for the words "two weeks" where they

occur.

Section 45 is amended to read as follows:]

SEC. 45. The place of residence of each member shall be shown upon the official stationery used by the said board.

231

LOUISIANA.

ACTS OF 1918.

No. 37.-Workmen's compensation insurance-Committee of legis

lature.

A committee of five, two from the senate and three from the house of representatives, shall be appointed by the presiding officer of each house, respectively, for the purpose of investigating and taking into consideration the establishment of an industrial insurance commission or some similar commission for the purpose of providing for the insurance of employees under the workman's compensation act and other insurance of a like character; also to consider the advisability of the State carrying the insurance on all public buildings in the State of Louisiana and report its findings to the next general assembly.

Said committee shall investigate the laws of other States and the workings of all such departments, showing a saving, if any, to employers as well as employees, and, shall have full authority to conduct these investigations in any way that it sees proper and report its findings fully as provided for herein.

No. 38.-Compensation of workmen for injuries.

[This act amends various sections of the State compensation act, Io. 20, acts of 1914.

Section 2 is amended by substituting the word "employee" for the word "workman " where it occurs.

Sections 3, 4, and 5 are amended so as to read as follows:] SEC. 3. This act, except sections 4 and 5, relating to defenses, shall not apply to any employer or employee engaged in any trade, business, or occupation specified in paragraph 2 of section 1, or in any that may be determined to be hazardous under the operation of paragraph 3 of section 1, unless prior to the injury they shall have so elected by agreement, either express or implied, as hereinafter provided. Such an agreement shall be a surrender by the parties thereto of their rights as against each other to any method, form, or amount of compensation, or damages, or determination thereof other than as provided in this act, and shall bind the employee himself, his widow, and relatives, personal representatives, heirs, and dependents as hereinafter defined, as well as the employer and those conducting his business during bankruptcy and insolvency.

Composition

of committee.

Duties.

Election provided for.

Presumption

2. Every contract of hiring, verbal, written, or implied, between as to existing employer and any employee engaged in any trade, business, or contracts; occupation specified in paragraph 2 of section 1, or engaged in any trade, business, or occupation that may be determined to be hazardous under the operation of paragraph 3 of section 1, now in operation or made or implied prior to the time fixed for this act to take effect shall after this act takes effect be presumed to continue subject to the provisions of this act, and it shall be presumed that the parties have elected to be subject to the provisions of this act and to be bound thereby unless such election be terminated as hereinafter provided.

3. Every contract of hiring, verbal, written, or implied, between an employer or any employee engaged in any trade, business, or occupation specified in paragraph 2 of section 1, or engaged in any trade, business, or occupation that may be determined to be hazardous under the operation of paragraph 3 of section 1, made subsequent to the time provided for this act to take effect, shall be presumed to have been made subject to the provisions of this act, unless there be as a part of said contract

New tracts.

con

Termination of agreements.

Waiver of election.

Minors.

Notice to

when.

an express statement in writing either in the contract itself or by written notice by either party to the other, that the provisions of this act other than sections 4 and 5 are not intended to apply, and it shall be presumed that the parties have elected to be subject to the provisions of this act and to be bound thereby, unless such election be terminated as hereinafter provided.

4. Any agreement or election, either express or implied, or presumed under the provisions of paragraph 2 or paragraph 3 of this section, between an employer and any employee engaged in any trade, business, or occupation specified in paragraph 2 of section 1, or engaged in any trade, business, or occupation that may be determined to be hazardous under the operation of paragraph 3 of section 1, for the operation of the provisions of this act, may be terminated by either party to the contract of hiring, giving written notice not less than thirty days prior to the accident to the other party of such contract that the provisions of this act other than sections 4 and 5 shall no longer apply.

5. Either an employee who has given notice to his employer in writing as aforesaid or an employer who had given notice to his employee in writing as aforesaid that he elects not to be subject to the provisions of this act, may waive such election by a notice in writing which shall take effect immediately.

6. Any employee of the age of eighteen and upwards engaged in any trade, business, or occupation specified in paragraph 2 of section 1, or engaged in any trade, business, or occupation that may be determined to be hazardous under the operation of paragraph 3 of section 1, shall himself exercise the right of election or termination or waiver authorized by this section. Such right of election or termination or waiver shall be exercised on behalf of any employee under the age of eighteen by either his father, mother, or tutor, or if neither of these can readily be gotten to act, then by the court: Provided, That this act shall not apply to employees of less than the minimum age prescribed by law for the employment of minors in the trades, businesses, or occupations specified in paragraph 2 of section 1, or that may be determined to be hazardous under the operation of paragraph 3 of section 1.

7. Where notice is to be served upon one who is under the age parents, etc., of eighteen years, said notice must be served upon either the father, mother, or tutor of the said individual under the age of eighteen years.

Abrogation of defenses.

as to gence.

SEC. 4. If an employee has elected as aforesaid to come under this act and his employer has elected as aforesaid not to come under this act, then if an action is brought by the employee or his dependents to recover for personal injury sustained by the employee and arising out of and in the course of his employment, after such election by the employer, it shall not be a defense:

(a) That the employee assumed the risks inherent to or incidental to or arising out of his employment, or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work or arising from the failure of the employer to furnish reasonably safe tools and appliances, or that the employer exercised reasonable care in selecting reasonably competent employees in the rade, business, or occupation.

(b) That the injury was caused by the negligence of a fellow employee.

(c) That the employee was negligent.

and it shall be presumed that the injury to the employee was the Presumption negli- direct result and arose out of the negligence of the employer, and that such negligence was the proximate cause of the injury; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence, unless before the injury such election shall have been waived as provided in paragraph 5 of section 3.

Defenses SEC. 5. If an employer has elected as aforesaid to come under available this act and his employee has elected as aforesaid not to come under this act, then if an action is brought by the employee or

when.

his dependent to recover damages for personal injury sustained by the employee and arising out of and in the course of his employment, after such election by the employee, the employer shall have all the defenses which he would have had if this act had not been enacted, unless before the injury such election shall have been waived as provided in paragraph 5 of section 3.

[Sections 6 and 7 are amended by substituting the word “ employee" for the word "workman" where it occurs; also by inserting the words "or his dependent" after the word "employee" where referred to as claimant or beneficiary.

Section 8 is amended so as to read as follows:]

SEC. 8. 1. For injury producing disability compensation shall be Compensation paid under this act to an injured employee in accordance with forthe following schedule of payments:

(a) For injury producing temporary total disability to do work Temporary of any reasonable character, fifty-five per centum of wages dur- total disabil ity; ing the period of disability, not, however, beyond three hundred weeks.

(b) For the loss of both hands, or both feet, or both eyes, or one hand and one foot, or any injury producing permanent total disability to do work of any reasonable character, fifty-five per centum of wages during the period of disability, not, however, beyond four hundred weeks.

Partial dis

(c) For injury producing partial disability to do work of any ability. reasonable character, fifty-five per centum of difference between wages at the time of the injury and wages which the injured employee is able to earn thereafter during the period of disability, not, however, beyond three hundred weeks.

(d) In the following cases the compensation shall be as follows:

For the loss of a thumb, fifty-five per centum of wages during fifty weeks.

For the loss of a first finger, commonly called the index finger, fifty-five per centum of wages during thirty weeks.

For the loss of any other finger, or a great toe, fifty-five per centum of wages during twenty weeks.

For the loss of any toe other than a great toe, fifty-five per centum of wages during ten weeks.

For the loss of a hand, fifty-five per centum of wages during one hundred and fifty weeks.

For the loss of an arm, fifty-five per centum of wages during two hundred weeks.

For the loss of a foot, fifty-five per centum of wages during one hundred and twenty-five weeks.

For the loss of a leg, fifty-five per centum of wages during one hundred and seventy-five weeks.

For the loss of an eye, fifty-five per centum of wages during one hundred weeks.

The loss of the first phalanx of a thumb, or of two phalanges of any finger, or toe, shall be considered to be equal to the loss of one-half of such member, and the compensation shall be onehalf of the amount above specified.

The loss of more than one phalanx of a thumb or more than two phalanges of any finger or toe shall be considered as the loss of the entire member: 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, or the amount received for the loss of more than one toe exceed the amount provided in this schedule for the loss of a foot.

Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputation between the knee and the ankle shall be equivalent to the loss of a foot.

(e) In cases not falling within any of the provisions already made, where the employee is seriously permanently disfigured about the face or head, or where the usefulness of a member or any physical function is seriously permanently impaired, the

Schedule.

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