facture of brick, tile, terra-cotta, asbestos, fireproofing, or paving blocks,
manufacture of calcium carbide, cement, asphalt or paving material; stone
crushing or grinding.
Group 20. Manufacture of glass, glass products, glassware, porcelain
Group 21. Iron, steel or metal foundries; rolling mills; manufacture
of castings, forgings, heavy engines, locomotives, machinery, safes, anchors.
— 24 —
cables, rails, shafting, wires, tubing, pipes, sheet metal, boilers, furnaces,
stoves, structural steel, iron or metal; machine shops, including repairs.
Group 22. Operation and repair of stationary engines and boilers,
freight and passenger elevators, not included in other groups; window clean-
ing; heating and lighting.
Group 23. Manufacture of small castings or forgings, metal wares,
instruments, utensils and articles, hardware, nails, wire goods, screws, bolts,
metal beds, sanitary, water, gas or electric fixtures, light machines, type-
writers, cash registers, adding machines, carriage mountings, bicycles, metal
toys, tools, cutlery, instruments, photographic cameras and supplies, sheet
metal products, buttons; jewelry; gold, silver and plated ware; articles of
hone, ivory and shell.
Group 24. Manufacture of agricultural implements, threshing machines,
traction engines, wagons, carriages, sleighs, vehicles, automobiles, motor trucks,
toy wagons, sleighs or baby carriages; blacksmiths; horse-shoers.
Group 25. Manufacture of explosives and dangerous chemicals, corrosive
acids or salts, ammonia, gasoline, petroleum, petroleum products, celluloid, gas,
charcoal, artificial ice, gun powder or ammunition; ice harvesting, ice storage
and ice distribution.
Group 26. Manufacture of paint, color, varnish, oil, japans, turpentine,
printing and other ink, printers' rollers, tar, tarred, pitched or asphalted paper.
Group 27. Distilleries, breweries; manufacture of spirituous or malt
liquors, alcohol, wine, mineral water or soda waters; bottling.
Group 28. Manufacture of drugs and chemicals, not specified in group
twenty-five, medicines, dyes, extracts, pharmaceutical or toilet preparations,
soaps, candles, perfumes, non-corrosive acids or chemical preparations, fer-
tilizers, including garbage or sewerage disposal plants; shoe blacking or polish.
Group 29. Milling; manufacture of cereals or cattle foods, warehousing;
storage of all kinds and storage for hire; operation of grain elevators.
Group 30. Packing houses, meat markets, abattoirs, manufacture or prep-
aration of meats or meat products or glue, gelatine, paste or wax.
Group 31. Tanneries.
Group 32. Furriers; manufacture of leather goods and products, belting,
saddlery, harness, trunks, valises, boots, shoes, gloves, umbrellas, rubber goods,
rubber shoes, tubing, tires or hose.
Group 33. Canning or preparation of fruit, vegetables, fish or food stuffs;
pickle factories and sugar refineries; manufacture of dairy products.
Group 34. Bakeries, including manufacture of crackers and biscuits,
manufacture of confectionery, spices or condiments.
Group 35. Manufacture of tobacco, cigars, cigarettes or tobacco products.
Group 36. Manufacture of cordage, ropes, fibre, brooms or brushes;
manilla or hemp products.
Group 37. Flax mills; manufacture of textiles or fabrics, spinning, weav-
ing and knitting manufactories; manufacture of yarn, thread, hosiery, cloth,
blankets, carpets, canvas, bags, shoddy or felt.
Group 38. Manufacture of men's or women's clothing, white wear, shirts,
collars, corsets, hats, caps, furs or robes, or other articles from textiles or
Group 39. Power laundries; dyeing, cleaning or bleaching.
Group 40. Printing, engraving, photo-engraving, stereotyping, electro-
typing, lithographing, embossing; manufacture of moving picture machines and
films; manufacture of stationery, paper, cardboard boxes, bags, or wall-paper;
Group 41. The operation, otherwise than on tracks, on streets, highways,
or elsewhere of cars, trucks, wagons or other vehicles, and rollers and engines,
propelled by steam, gas, gasoline, electric, mechanical or other power or drawn
by horses or mules, imblic garages, livery, hoarding or sales stables; movers
of all kinds.
Group 42. Stone cutting or dressing ; marble works ; manufacture of arti-
ficial stone; steel building and bridge construction or repair; installation or
repair of elevators, fire escapes, boilers, engines or heavy machinery; brick-
laying, tile-laying, mason work, stone-setting, concrete work, plastering; and
manufacture of concrete blocks; structural carpentry; painting, papering,
picture hanging, glazing, decorating or renovating; sheet metal work; roofing;
construction, repair and demolition of buildings, bridges and other structures;
salvage of buildings or contents; plumbing, sanitary lighting or heating in-
stallation or repair; installation and covering of pipes or boilers; junk dealers.
Group 43. *Any employment enumerated in the foregoing groups and
carried on by the state or a municipal corporation or other subdivision thereof,
notwithstanding the definition of the term "employment" in subdivision five of
section three of this chapter.
*Any employer not carrying on one of the employments enumerated in
this section, or who carrying on one of such employments has in his employ
an employee not included within the term "employee" as defined by section
three of this chapter, and the employees of any such employer may, by their
joint election, elect to become subject to the provisions of this chapter in
the manner hereinafter provided. Such election on the part of the employer
shall be made by posting notices thereof about the place where the workmen
are employed, in a manner to be prescribed by rules to be adopted by the
commission, and by filing with the commission a written statement, in a form
to be prescribed by the commission, to the effect that he accepts the provisions
of this chapter and that he adopts subject to the approval of the commission
one of the methods of securing compensation to his employees prescribed in
section fifty of this chapter which, when so filed with and approved by the
commissipn as to form and method of securing compensation shall operate
to subject him to the provisions of this chapter and of all acts amendatory
thereof for the period of one year from the date of such approval, and there-
after without further act on his part for successive terms of one year each,
unless such employer shall, at least sixty days prior to the expiration of such
first or any succeeding year, file with the commission a notice in writing that
he withdraws his election.
*Any employee in the service of any such employer shall be deemed to
have accepted, and shall be subject to the provisions of this chapter and any
act amendatory thereof, if, at the time of the accident for which liability is
claimed, the employer charged with such liability has not withdrawn his
election and the employee shall not at the time of entering into his contract
of hire have given to his employer notice in writing that he elects not to be
subject to the provisions of this chapter and filed a copy thereof with the
commission, or in the event that such contract for hire was made in advance
of the election of the employer, such employee shall not have given to his
employer and filed with the commission within twenty days after such election
notice in writing that he elects not to be subject to such provisions.
*A minor employee shall be deemed sui juris for the purpose of making
such an election.
*The rights and remedies, benefits and liabilities of an employer or em-
*This paragraph added to the law by Chapter 622, Laws of 1916.
— 26 —
ployee so electing to become subject to the provisions of this chapter shall
thereupon become the same as they would have been had they been engaged
in one of the occupations or employments enumerated herein and the words
employer or employee wherever they appear in this chapter shall be construed
as including an employer or employee who has so elected to become subject
to its provisions.
Sec. 3. [As amended by Chapter 622, Laws of 1916.] Definitions. As
used in this chapter, 1. "Hazardous employment" means a work or occupation
described in section two of this chapter.
2. "Commission" means the state industrial commission, as constituted by
3. "Employer," except when otherwise expressly stated, means a person,
partnership, association, corporation, and the legal representatives of a de-
ceased employer, or the receiver or trustee of a person, partnership, association
or corporation, employing workmen in hazardous employments including the
state and a municipal corporation or other political subdivision thereof.
4. "Employee' means a person engaged in one of the operations enume-
rated in section two or who is in the service of an employer whose principal
business is that of carrying on or conducting a hazardous employment upon
the premises or at the plant, or in the course of his employment away from
the plant of his employer; and shall not include farm laborers or domestic
5. "Employment" includes employment only in a trade, business or
occupation carried on by the employer for pecuniary gain, except where the
employer and his employees have by their joint election elected to become
subject to the provisions of this chapter as provided in section two.
6. "Compensation" means the money allowance payable to an employee
or to his dependents as provided for in this chapter, and includes funeral
benefits provided therein.
7. "Injury" and "personal injury" mean only accidental injuries arising
out of and in the course of employment and such disease or infection as may
naturally and unavoidably result therefrom.
8. "Death" when mentioned as a basis for the right to compensation
means only death resulting from such injury.
9. "Wages" means the money rate at which the service rendered is
recompensed under the contract of hiring in force at the time of the accident,
including the reasonable value of board, rent, housing, lodging or similar
advantage received from the employer.
10. "State fund" means the state insurance fund provided for in article
five of this chapter.
11. "Child" shall include a posthumous child and a child legally adopted
prior to the injury of the employee; and a step-child dependent upon the
12. "Insurance carrier" shall include the state fund, stock corporations
or mutual associations with which employers have insured, and employers
permitted to pay compensation directly under the provisions of subdivision
three of section fifty.
13. "Manufacture," "construction," "operation" and "installation" shall
include "repair," "demolition" and "alteration."
— 27 —
Section 10. Liability for compensation.
11. Alternative remedy.
12. Compensation not allowed for first two weeks.
13. Treatment and care of injured employees.
14. Weekly wages basis of compensation.
15. Schedule in case of disability.
16. Death benefits.
18. Notice of injury.
19. Medical examination.
20. Determination of claims for compensation.
22. Modification of award.
23. Appeals from the commission.
24. Costs and fees.
25. Compensation, how payable.
26. Enforcement of payment in default.
27. Depositing future payments.
28. Limitation of right to compensation.
29. Subrogation to remedies of employee.
30. Revenues or benefits from other sources not to affect compensation.
31. Agreement for contribution by employee void.
32. Waiver agreements void.
33. Assignments; exemptions.
Sec. 10. Liability for compensation. Every employer subject to the
provisions of this chapter shall paj^ or provide as required by this chapter
compensation according to the schedules of this article for the disability or
death of his employee resulting from an accidental personal injury sustained
by the employee arising out of and in the course of his employment, without
regard to fault as a cause of such injury, except where the injury is occasioned
by the willful intention of the injured employee to bring about the injury or
death of himself or of another, or where the injury results solely from the
intoxication of the injured employee while on duty. Where the injury is
occasioned by the willful intention of the injured employee to bring about
the injury or death of himself or of another, or where the injury results solely
from the intoxication of the injured employee while on duty, neither the
injured employee nor any dependent of such employee shall receive compen-
sation under this chapter.
Sec. 11. [As amended by Chapter 622, Laws of 1916.] Alternative
remedy. The liability of an employer prescribed by the last preceding section
shall be exclusive and in place of any other liability whatsoever, to such em-
ployee, his personal representatives, husband, parents, dependents or next of
kin, or anyone otherwise entitled to recover damages, at common law or other-
wise on account of such injury or death, except that if an employer fail to
secure the payment of compensation for his injured employees and their
dependents as provided in section fifty of this chapter, an injured employee,
or his legal representative in case death results from the injury, may, at his
option, elect to claim compensation under this chapter, or to maintain an
action in the courts for damages on account of such injury; and in such an
action it shall not be necessary to plead or prove freedom from contributory
— 28 —
negligence nor may the defendant plead as a defense that the injury was
caused by the negligence of a fellow servant nor that the employee assumed
the risk of his employment, nor that the injury was due to the contributory
negligence of the employee.
Sec. 12. Compensation not allowed for first two weeks. No compensation
shall be allowed for the first fourteen days of disability, except the benefits
provided for in section thirteen of this chapter.
Sec. 13. Treatment and care of injured employees. The employer shall
promptly provide for an injured employee such medical, surgical or other
attendance or treatment, nurse and hospital service, medicines, crutches and
apparatus as may be required or be requested by the employee, during sixty
days after the injury. If the employer fail to provide the same, the injured
employee may do so at the expense of the employer. The employee shall not
be entitled to recover any amount expended by him for such treatment or
services unless he shall have requested the employer to furnish the same and
the employer shall have refused or neglected to do so. All fees and other
charges for such treatment and services shall be subject to regulation by the
commission as provided in section twenty-four of this chapter, and shall be
limited to such charges as prevail in the same community for similar treat-
ment of injured persons of a like standard of living.
Sec. 14. Weekly wages basis of compensation. Except as otherwise pro-
vided in this chapter, the average weekly wages of the injured employee at
the time of the injury shall be taken as the basis upon which to compute
compensation or death benefits, and shall be determined as follows:
1. If the injured employee shall have worked in the employment in
which he was working at the time of the accident, whether for the same
employer or not, during substantially the whole of the year immediately pre-
ceding his injury, his average annual earnings shall consist of three hundred
times the average daily wage or salary which he shall have earned in such
employment during the days when so employed;
2. If the injured employee shall not have worked in such employment
during substantially the whole of such year, his average annual earnings shall
consist of three hundred times the average daily wage or salary which an
employee of the same class working substantially the whole of such immedi-
ately preceding year in the same or in a similar employment in the same or a
neighboring place shall have earned in such employment during the days when
3. If either of the foregoing methods of arriving at the annual average
earnings of an injured employee cannot reasonably and fairly be applied,
such annual earnings shall be such sum as, having regard to the previous
earnings of the injured employee and of other employees of the same or
most similar class, working in the same or most similar employment in the
same or neighboring locality, shall reasonably represent the annual earning
capacity of the injured employee in the employment in which he was working
at the time of the accident;
4. The average weekly wages of an employee shall be one-fifty-second
part of his average annual earnings;
5. If it be established that the injured employee was a minor when
injured, and that under normal conditions his wages would be expected to
increase, the fact may be considered in arriving at his average weekly wages.
Sec. 15. [As amended by Chapter 622, Laws of 1916.] Schedule in case
of disability. The following schedule of compensation is hereby established.
1. Total permanent disability. In case of total disability adjudged to
— 29 —
be permanent sixty-six and two-thirds per centum of the average weekly wages
shall be paid to the employee during the continuance of such total disability.
Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or
of any two thereof shall, in the absence of conclusive proof to the contrary,
constitute permanent total disability. In all other cases permanent total dis-
ability shall be determined in accordance with the facts.
2. Temporary total disability. In case of temporary total disability,
sixty-six and two-thirds per centum of the average weekly wages shall be
paid to the employee during the continuance thereof, but not in excess of
three thousand five hundred dollars, except as otherwise provided in this
3. Permanent partial disability. In case of disability partial in character
but permanent in quality the compensation shall be sixty-six and two-thirds
per centum of the average weekly wages and shall be paid to the employee
for the period named in the schedule as follows:
Thumb. For the loss of a thumb, sixty weeks.
First finger. For the loss of a first finger, commonly called index finger,
Second finger. For the loss of a second finger, thirty weeks.
Third finger. For the loss of a third finger, twenty-five weeks.
Four finger. For the loss of a fourth finger, commonly called the little
finger, fifteen weeks.
Phalange of thumb or finger. 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.
Great toe. For the loss of a great toe, thirty-eight weeks.
Other toes. For the loss of one of the toes other than the great toe, sixteen
Phalange of toe. 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.
Hand. The loss of a hand, two hundred and forty-four weeks.
Arm. For the loss of an arm, three hundred and twelve weeks.
Foot. For the loss of a foot, two hundred and five weeks.
Leg. For the loss of a leg, two hundred and eighty-eight weeks.
Eye. For the loss of an eye, one hundred and twenty-eight weeks.
I>oss of use. Permanent loss of the use of a hand, arm, foot, leg, eye,
thunib, 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.
Amputations. Amputation between the elbow and the w^rist shall be con-
sidered as the equivalent of the loss of a 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 considered 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 thirteen of this
In case of an injury resulting in serious facial or head disfigurement
— 30 —
the commission 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 three thousand five hundred dollars.
Other cases. In all other cases in this class of disability, the compensa-
tion shall be sixty-six and two-thirds per centum 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 commission on its own motion or upon application of any party in
4. Temporary partial disability. In case of temporary partial disability,
except the particular cases mentioned in subdivision three of this section, an
injured employee shall receive sixty-six and two-thirds per centum of the
difference between his average weekly wages and his wage earning capacity
thereafter in the same employment or otherwise during the continuance of such
partial disability, but not to exceed when combined with his decreased earn-
ings the amount of wages he was receiving prior to the injury, and not to
exceed in total the sum of three thousand five hundred dollars, except as
otherwise provided in this chapter.
5. Limitation. The compensation payment under subdivisions one, two
and four and under subdivision three except in case of the loss of a hand,
arm, foot, leg, or eye, shall not exceed fifteen dollars per week nor be less
than five doUars per week; the compensation payment under subdivision three
in case of the loss of a hand, arm, foot, leg or eye, shall not exceed twenty
dollars per week nor be less than five doUars a week; provided, however, that
if the employee's wages at the time of injury are less than five dollars per
week he shall receive his full weekly wages.
6. [As amended by Chapter 615, Laws of 1915.] Previous disability.
The fact that an employee has suffered previous disability or received com-
pensation therefor shall not preclude him from compensation for a later
injury nor preclude compensation for death resulting therefrom; but in
determining compensation for the later injury or death his average weekly
wages shall be such sum as will reasonably represent his earning capacity
at the time of the later injury, provided, however, that an employee who
is suffering from a previous disability shall not receive compensation for a
later injury in excess of the compensation allowed for such injury when con-
sidered by itself and not in conjunction with the previous disability.
7. Permanent total disability after permanent partial disabilit}^ If an
employee who has previously incurred permanent partial disability through
the loss of one hand, one arm, one foot, one leg, or one eye, incurs permanent
total disability through the loss of another member or organ, he shall be paid,
in addition to the compensation for permanent partial disability provided
in this section and after the cessation of the payments for the prescribed
period of weeks special additional compensation for the remainder of his
life to the amount of sixty-six and two-thirds per centum of the average
weekly wage earned by him at the time the total permanent disability was
incurred. Such additional compensation shall be paid out of a special fund
created for such purpose in the following manner: The insurance carrier
shall pay to the state treasurer for every case of injury causing death in
which there are no persons entitled to compensation the sum of one hundred
dollars. The state treasurer shall be the custodian of this special fund and
the commission shall direct the distribution thereof.
Sec. 16. [As amended by Chapter 622, Laws of 1916.] Death benefits.
- 31 —
If the injury causes death, the compensation shall be known as a death