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VIII. SETTLEMENTS-AGREEMENTS.

Settlements between employer and employee are encouraged, when in accordance with provisions of act.

IX. WAIVER.

Employer or employee who has exempted himself from operation of this law may waive such exemptions and accept provisions of law by giving notice in statutory form.

X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

A principal, intermediate or subcontractor shall be liable for compensation to employee of any of his subcontractors and engaged upon subject matter of contract, to same extent as immediate employer. Any principal, intermediate or subcontractor who pays compensation may recover amount paid from any person who, independently of this section, would have been liable to pay compensation to insured employee or intermediate contractor. Every claim under this section shall be in first instance presented to and instituted against immediate employer, but such proceedings shall not constitute waiver of employer's right to compensation. This section applies only in cases where injury occurred on, in or about premises on which principal contractor has undertaken to execute work or which are otherwise under his control or management.

XI. EMPLOYER MAY BE RELIEVED FROM LIABILITY FOR COMPENSATION.

Where Industrial Commission deems it expedient, any lump sum shall be paid by employer to some suitable person appointed as trustee, and receipt of such trustee for amount as paid shall discharge employer or anyone else who is liable.

If payment is made to widow for her use or for children, her receipt will acquit employer; if to minor employee 18 years old or over his receipt will acquit employer, and if to infant under 18 years, receipt of guardian.

XII. SUBROGATION.

When injury to employee under the act was caused by some third person, the employee may take proceedings both against third person for damages and against employer for compensation, but amount of compensation shall be reduced by amount of damages recovered. If employee recovers compensation under act, the employer by whom compensation was paid shall be entitled to indemnity from person liable for damages and shall be subrogated to rights of employee.

XIII. PRE-EXISTING DISEASES AND INJURIES.

If employee who suffers injury in his employment has sustained a permanent disability or has sustained permanent injury suffered elsewhere he shall be entitled to compensation for degree of incapacity which would have resulted from later accident if earlier disability or injury had not existed.

XIV. EMPLOYER'S RIGHT TO EXAMINATION OF INJURED.

After injury, if requested by employer, employee shall submit to examination at reasonable times and places by qualified physician or surgeon designated and paid by employer or Commission. Employee shall have right to have present at examination physician or surgeon provided and paid by him. If employee refuses to submit to examination his right to compensation shall be suspended until refusal or objection ceases. In case of death, employer or commission have right to require autopsy at expense of party requesting.

XV. JURISDICTION AND PROCEDURE.

If within 14 days from date of injury or death, employer and injured employee or his dependents reach an agreement in regard to compensation under the law a memorandum shall be filed with Commission for approval, and if approved thereupon the memorandum for all purposes be enforced by judgment or decree of Superior Court. If parties fail to reach an agreement the Industrial Commission shall set a date

for a hearing in county where injury occurred, unless otherwise agreed. The Commission shall hear the parties and determine the dispute in a summary manner, and the award with a statement of findings of fact shall be filed of record and copy sent to parties at dispute. If application is made in seven days from date of award the full Commission shall review the evidence and make an award in like manner, together with rulings of law.

Any award of the Commission with respect to which no application for review be filed in due time or an award by the full Commission shall be a final award, conclusive and binding as to all questions of fact, but either party within thirty days from date of final award may appeal to Superior Court. The finding of fact made by Commission, in the absence of fraud, shall be conclusive, but the Superior Court shall set aside the order of Commission if it be found: Commission acted without or in excess of its power; fraud; facts found do not support order or decree; that there was not sufficient competent evidence to warrant order or decree; that the order or decree is contrary to law. Appeal lies to Court of Appeals of Georgia and Commission on its own motion may certify questions of law to Court of Appeals.

Any party in interest may file in Superior Court certified copy of memorandum or agreement or final order or decision of Commission or award of Commission unappealed from or award of Commission upon appeal; whereupon said court shall render judgment in accordance therewith, which shall have the same effect as though rendered in suit duly heard and determined by said court.

IDAHO.

(Compiled Statutes 1919, Chapter 236; Amended Chapter 217, General Laws 1921.)

I. SCOPE AND APPLICATION.

1. Applies to all public employments, to employees of state, counties, cities, villages, school districts, irrigation districts, drainage districts, road districts and other public and municipal corporations, policemen and firemen and others entitled to pension and to all private employments in trade or occupation carried on by employers for sake of pecuniary gain, but not to public officials elected by popular vote or who receive salaries exceeding $2,400.00. Does not apply to agricultural pursuits, household domestic service, casual employment, employments by charitable organizations, outworkers or members of employer's family dwelling in his house, unless employer and employee expressly agree in writing filed with board that provisions of law apply, to be terminated upon sixty days notice.

2. Workman receiving injury from accident arising out of and in course of employment covered by this law his employer or surety shall pay compensation as provided. No compensation for employee's willful intention to injure himself or to injure another; intoxication.

3. Right to compensation is exclusive of all other rights and remedies.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH FROM INJURY WITHIN TWO YEARS:

(a) If there are none entitled to compensation, to personal representative of deceased, burial expenses not to exceed $200.00.

(b) To dependent widow or widower, if no children, 45 per cent of average weekly wages.

(c) To dependent widow or widower, if dependent children, 55 per cent of average weekly wages, for such of widow and children, and board may apportion compensation as it deems best.

(d) If no dependent widow or widower, but dependent children, 25 per cent of average weekly wages for one child and 10 per cent for each additional child, not to exceed

total of 55 per cent, to be divided equally if more than

one.

(e) To parents, if one wholly dependent, and the other not dependent to any extent, 25 per cent average weekly wages; if both are dependent, 20 per cent to each; if one or both partially dependent, a proportionate amount in discretion of board. Above percentages to be paid if not dependent widow or child; if widow or child, there shall be paid so much of above percentages as when added to total percentages payable to widow and children will not exceed 55 per cent.

(f) To brothers, sisters, grandparents and grandchildren, if wholly dependent, 20 per cent to such dependent; if more than one, 30 per cent, divided between such dependents, share and share alike; if one or more partly dependent, 10 per cent of average weekly wages, share and share alike.

The above percentages shall be paid if no dependent widow, widower, child or parent; if there be such, there shall be paid so much of above percentages as, when added to total percentage payable to widow, widower, children or dependent parents, will not exceed a total of 55 per cent.

(g) In case two or more classes of persons entitled to compensation and the apportionment above provided would result in injustice, board may in its discretion modify apportionment to meet requirements of case. In case there are no dependents, employer shall pay into state treasury $1,000.00.

(h) Compensation shall be payable during following periods: To widow, until her death or remarriage, but in no case to exceed 400 weeks.

To widower during disability or until remarriage, but in no case to exceed 400 weeks.

To or for child, until eighteen years of age, but in case of a child incapable of self-support and unmarried as long as so incapable, but in no case to exceed 400 weeks beyond said age of eighteen years.

To a parent or grandparent, during a continuation of a condition of actual dependency, but in no case to exceed 400 weeks.

To or for a grandchild, brother or sister during dependency, as hereinbefore defined, but in no case to exceed 400 weeks.

Upon cessation of compensation to or on account of any person, the compensation of remaining persons entitled to compensation for unexpired part of period, during which their compensation is payable, shall be that which such persons would have received if they had been the

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