ments shall be against such employer, insurer, guarantor or sureties for amount due and contain order upon employer for payment. Any final order or judgment rendered by court pursuant to this act shall be reviewable by Supreme Court upon appeal or writ of error. NEW YORK. (Enacted Laws 1913, Chapter 816; Birdseye, Cummings & Gilbert Consol. Laws, Vol. 8, Supplement 1918-1920, Vol. 11, page 2013; Amended Laws 1921, Chapters 60, 539, 540; Laws 1922, Chapter 615.) I. SCOPE AND APPLICATION. 1. Applies automatically to persons, partnership, association, 3. Every employer subject to chapter shall pay or provide action for damages. In such action it shall not be necessary to plead or prove freedom from contributory negligence, nor may defendant plead as defense negligence of fellow servant, nor that injury was due to contributory negligence of employee or he assumed the risk. 4. Compensation shall be payable for disabilities sustained or death incurred resulting from an enumerated list of occupational diseases. II. COMPENSATION. 1. FOR INJURY RESULTING IN DEATH: (a) If surviving wife (or dependent husband) and no children under 18 years, to such wife 30 per cent of average wages of deceased during widowhood, with two years. compensation in one sum upon remarriage, and if there be surviving child or children under 18 years, additional amount of 10 per cent of wages for each child until of age of 18; in case of subsequent death or remarriage of surviving wife any surviving child of deceased employee, at time under 18, shall have his compensation increased to 15 per cent of such wages, and same shall be payable until he shall reach the age of 18 years; provided, that the total amount payable shall in no case exceed 66% per cent of such wages. The Board may, in its discretion, require appointment of guardian for purpose of receiving compensation of minor child; in absence of such requirement by Board, appointment of guardian for such purpose shall not be necessary. (b) If there is surviving child or children of deceased under age of 18 years, but no surviving spouse, then for support of each such child until of age of 18, 15 per cent of wages of deceased, provided that the aggregate shall in no case exceed 662% per cent of wages. (c) If there is no surviving wife or dependent husband or child under age of 18, or if amount payable to surviving wife or dependent husband and children under age of 18 shall be less in the aggregate than 662% per cent of average wages of deceased, then for support of grandchildren or brothers and sisters under age of 18, if dependent on deceased at time of accident, 15 per cent of such wages for the support of each person until 18 years, and for the support of each parent or grandparent of deceased if dependent upon him at time of accident, 25 per cent of wages during such dependency. But in no case shall aggregate amount payable under this subdivision exceed the difference between 622 per cent of such wages and the amount payable as hereinbefore provided to surviving wife or for support of surviving child or children. (d) Any excess wages over $125.00 a month shall not be taken into account in computing compensation under this section. All questions of dependency determined as of time of accident. (e) Compensation to aliens not residents of United States shall be same amount as provided for residents, except dependents in any foreign country shall be limited to surviving wife or children, or if none, to surviving father and mother whom employee had supported wholly or in part for year prior to accident. (f) Reasonable funeral expenses not exceeding $100.00. 2. INJURY NOT RESULTING IN DEATH: (a) First aid, medical. Employer shall provide for injured employee such medical, surgical or other attendant or treatment, nurse and hospital service for such period as nature of injury or process of recovery may require. If employer fails to provide after request, injured employee may do so at expense of employer, and employee shall be entitled to recover amount so expended. Claim shall not be valid against employer unless 20 days following first treatment physician furnish to employer and Commission report of injury and treatment. (b) Temporary total disability. Sixty-six and two-thirds per cent of average weekly wages to employee during continuance thereof, not in excess of $3,500.00. (c) Temporary partial disability. Two-thirds of difference between injured employee's average weekly wages before accident and wage-earning capacity after accident in same or another employment, not to exceed $3,500.00. (d) Permanent partial disability. Partial in character, but permanent in quality, compensation 662% per cent of average weekly wages, and shall be paid to the employee for period named in this schedule, as follows: m. Loss of hearing of both ears, for 150 weeks. o. Amputated arm or leg. Compensation for arm or leg q. Two or more digits. For loss of two or more digits or s. Partial loss or partial loss of use. For permanent par- t. Other cases. In all other cases in this class of disability the compensation shall be 6623 per cent of difference between his average weekly wages and his wageearning capacity thereafter in same employment and otherwise, payable during continuance of such partial disability, but subject to reconsideration of degree of such impairment by the Board on its own motion or upon application of party in interest. Effect of award. An award made to claimant under foregoing clause shall, in case of death arising from causes other than the injury, be payable to and for benefit of persons following: (a) if surviving wife (or dependent husband) and no child of deceased under 18 years of age, to such wife or dependent husband; (b) if surviving wife (or dependent husband) and surviving child or children under age of 18, onehalf shall be paid to surviving wife or dependent husband and the other half to surviving child or children. Board, in discretion, may require appointment of guardian for minor child, in absence of such requirement no appointment necessary; (c) if there be a surviving child or children of deceased under age of 18 years, but no surviving wife or dependent husband, then to such child or children. An award for disability may be made after death. Compensation for disability shall not exceed $20.00 per week, nor less than $8.00 per week, provided if employee's wages at time of injury are less than $8.00 per week he shall receive full wages. (e) Disfigurement. Board may award proper and equitable |