Missouri Workmen’s Compensation Law Effective November 2, 1926 Together with RULES and BULLETINS of the Missouri Workmen’s Compensation Commission R. Robert Cohn Chairman Frank J. Lahey Member Edgar C. Nelson Member Herman Lufcy Secretary OCTOBER 1, 1943 Missouri Workmen’s Compensation Law Effective November 2, 1926 Together with RULES and BULLETINS of the Missouri Workmen’s Compensation Commission R. Robert Cohn Frank J. Lahey Edgar C. Nelson Chairman Herman Lufcy Member Member Secretary OCTOBER i, 1943 MID-STATE PRINTING CO., JEFFERSON CITY, MO, X37887 TABLE OF CONTENTS Page Index to Compensation Law 5 Missouri Workmen’s Compensation Law 29 Revised Bulletin No. 3 (Teeth Rating) 62 Revised Bulletin No. 5 (Partial Loss of Vision) 63 Rules and Procedure 64 Revised Rules for Self-Insurers 72 Present Worth Table 76 Present Value Table for Widows 84 Present Accumulation Table for Past Due Payments 87 American Table Mortality 93 3 INDEX MISSOURI WORKMEN’S COMPENSATION LAW Effective November 2, 1926 ACCEPTANCE OF LAW Section Exempted employers, procedure of acceptance 3693 Occupational disease, as respects 3695b Political subdivisions electing to accept 3694b When conclusively presumed 3690 When rejection is withdrawn 3690 ACCIDENT Arising out of and in the course of 3691 Commission, duty of, on receipt of notice 3724 Defined 3695b Notice of must be given to maintain proceedings 3726 ACCIDENT REPORTS Must be filed by every employer 3722 ACT (See also ACCEPTANCE OF LAW) Defined 3689 Employers, to whom not applicable 3693 Occupational disease section 3695b Remedy under, exclusive 3691 Who presumed to be under 3690 ADDITIONAL EVIDENCE (See also TESTIMONY AND EYI DENCE) Appeal, none permitted on 3732 Review, allowable on 3731 AGGRAVATION Disability, when caused by unreasonable refusal of medical 3701d AGREEMENT Award on 3724 Compromise settlement, when valid 3723 Failure to reach, basis for hearing 3728 To pay and receive compensation 3724 Voluntary (compromise settlement) 3723 ALLOCATION OF DEATH BENEFITS Commission authority to make 3709 ANNUAL REPORT Contents 3754 Date due 3754 Fee charged for 3752 Required 3754 To whom made 3754 ANNUITY Commission may approve 3737 When permissible for compensation 3737 5 6 Index APPEAL Section Additional evidence, none allowed on 3732 Changing Commission’s award, grounds for 3732 Circuit Court, to, from final award 3732 Costs, assessed against whom 3732 Final award, from, where and how taken 3732 Finding of fact, effect on 3732 From Circuit Court, how allowed 3732 Precedence of cases on 3732 Questions of law, status on 3732 APPEARANCE Employer, appearance of, effect on insurer 3715 Insurer, appearance of, entitles him to notice 3715 ASSIGNMENT Compensation not assignable 3711 ASSISTANTS TO COMMISSION Commission shall appoint 3747 Salary of 3747 ATTACHMENT Compensation, exempt from 3711 ATTORNEY Fees of allowable as lien on compensation 3711 Fees of, disputes as to, under jurisdiction of Commission 3711 Fees of limited to such charges as are fair and reasonable 3711 Fees of may be paid in lump sum or in installments 3711 Fees of subject to regulation by Commission 3711 ATTORNEY GENERAL Commission, shall appear for when 3748 Commission, shall be legal adviser to 3748 Commission, shall notify of certain injuries 3707 May file claim against employer for Second Injury Fund 3707 AWARD Autopsy (See post-mortem) 3738 Agreement may be basis of 3724 Change in condition, effect of, on 3730 Conclusive, when 3732 Copy of, sent by registered mail 3729 If not supported by competent evidence 3732 If not supported by facts 3732 Operative against employer, when 3715 Review of 3731 Temporary or partial, may be made..,.. 3734 To be filed with record of proceedings 3729 BENEFITS Death 3709 From other sources, no bar to compensation 3712 BLANKS Commission may authorize publication of, by others 3749 Commission shall furnish 3749 BOARD Reasonable value of to be included, when 3710g Index 7 BOND Section Commissioner, bond required of 3745 BURIAL EXPENSE (See FUNERAL EXPENSE) CASUAL OR NON-INCIDENTAL EMPLOYMENT Exemption 3693 CHANGE IN CONDITION Award upon, what it may include 3730 Commission may grant rehearing upon 3730 Effect of Circuit Court’s judgment on memorandum of 3733 Re-hearing on, Commission may grant 3730 CHAPTER (See also LAW and ACT) Applicability 3700b Defined 3689 Federal law, cases exclusively under, exempted 3700a Inconsistent acts in conflict with, repealed 3766 Penalty for violation of provisions of 3763 Provisions of to be liberally construed 3764 Sections 3690, 3691, 3692 not to apply, when 3693 Substantial compliance with, sufficient 3764 Technical omission does not render, inoperative 3764 CHAUFFEURS (FAMILY) CHILDREN Exempted 3693 Adopted, as dependents 3709-2 Compensation of, increased when employed illegally 3710j Earning power of, consideration 3710j Legitimacy, as affects dependency 3709-2 More than one, as dependents 3709-2 Posthumous, as dependents 3709-2 CIRCUIT COURT Final award, how appealed from to 3732 Jurisdiction of 3732 Memorandum, may act upon 3732 CLAIM Adjudication of, Commission shall aid in 3724 Against Second Injury Fund, when 3707 Commission shall assist in filing of 3724 CLAIMS FOR COMPENSATION Barred, when 3727 False, effect of 3743 Legal disability, effect on 3727 COMMISSION Accidents, reports of, must be made to 3722 Acknowledgment of receipt of withdrawing of rejection 3690 Agreements, shall be forwarded by, upon receipt of notice of acci- dent 3724 Annuity, may approve 3737 Annuity, may be deposited with for disbursement 3737 Appeals lie with from substitute compensation arrangement 3721 Attorneys’ fees, disputes concerning under jurisdiction of 3711 Attorneys’ fees subject to regulation by 3711 Attorney-General, shall be legal adviser to 3748 Blanks, may authorize publication of by others 3749 Blanks of, must be filled in and returned 3722 Blanks, shall furnish 3749 8 Index COMMISSION—Continued. Section Change in condition, re-hearing may be held on 3730 Commissioner, activity in politics barred.. 3745 Commissioner, bond required 3745 Commissioner, oath of office 3745 Commissioners, appointed by whom 3744 Commissioners, removal of . 3744 Commissioners, requirements for appointment 3744 Commissioners, salary of 3744 Commutation, when and how made. 3736 Compromise settlement, not valid until approved by 3723 Costs approved by 3740 Created 3744 Dependents, children, division of death benefit 3709d-2 Dependents, names of, to be sent to 3709f Deposition, shall have power to cause taken 3740 Disfigurement, may allow for 3705a Effect of notice to of withdrawing rejection 3690 Employee, method of rejecting act in exempted occupations 3693 Employee of, path of office 3745 Employee of, activity in politics 3745 Exhumation, may order 3738e Facts found by not supporting award 3732 Failure to comply with order of, penalty 3691 Fees charged for copies of papers and records 3752 Fees of impartial physician, to be fixed by 3738b Funeral and last sickness expense, to be regulated by 3709a Hazardous employment, procedure concerning 3692c How notice of withdrawing rejection is given 3690 Individual employee, exemption of 3692e Individual employee, revocation of exemption of 3692e Information may be given by order of 3722 Insurance policy, copy of may be requested by 3715 Judge of whether refusal of medical attention is unreasonable... . 3701d May allocate death benefits 3709 May sue and be sued in official name 3746 Medical, fees for, subject to regulation of 3701c Medical, may make special order for 3701a Medical, may order change of 3701b Membership 3744 Notice to of rejection of act 3690 Notice to of withdrawing rejection 3690 Oaths, shall have power to administer 3740 Occupational disease, procedure for acceptance by employer 3695b Offices, equipment of, for 3750 Offices, to be provided with, where 3750 Physical examination, may order, when 3738a Physician, may be appointed by to examine employee 3738b Politics, how affecting membership 3744 Poor person, may be permitted by to prosecute claim as 3740 Post-mortem, may order 3738e Procedure of bringing exempted occupations under act 3693 Procedure of, upon receipt of notice of accident 3724 Proceedings before to be simple, informal, summary 3739 Proceedings, rules of, to be made by 3739 Process, shall have power to issue 3740 Review, Commission only may hear 3731 Service, to employer gives jurisdiction to 3715 Shall inform employer of employee’s withdrawal of rejection 3690 Shall provide employer with notice of rejection 3690 Statistics, information may be used by to compile 3722 Subpoena, shall have power to subpoena witnesses 3740 Traveling expenses of impartial physician, to be fixed by 3738b Index 9 COMMISSIONERS Section Bond required of 3745 Employees, one shall represent 3744 Employers, one shall represent 3744 How appointed 3744 Law, one shall be learned in 3744 Oath of office of 3745 Political affiliations, effect on 3744 Political activity of 3745 Qualifications 3744 Removal 3744 Salary of 3744 Terms of 3744 Vacancies, how filled 3744 COMMUTATION Compensation, when commuted 3713 Departure from normal method 3736 Exception, when 3713 When and how made 3736 COMPENSATION Assignment, exempt from 3711 Attachment, exempt from 3711 Basis of 3702b Basis of computation of 3710 Benefit or association funds, effect on 3696 Change in condition, effect of award on 3730 Commuted, when and how 3736 Compensation in lieu of insurance, how provided.. . 3721 Concurrent and consecutive injuries 3707c Concurrent injuries, for temporary disability 3707b Consecutive injuries, for permanent disability 3707a Contagious or infectious disease, effect on 3695b Counter-claim, not subject to 3711 Death benefit, how provided for 3709 Death due to natural causes, effect on 3695b Death, termination of, when 3708 “Death”, when compensation is allowable for 3695b Debt, in no way liable for 3711 Decreased 15 per cent, when 3691 Deduction of, when 3691 Discontinuance of, basis for hearing 3728 Earnings, annual, basis in employments not operating entire year 3710e Earnings, annual, on basis of 3710a Earnings, annual, on basis of daily wage 3710d Earnings, annual, on basis of employees of same class 3710c Earnings, annual, value of board, rent, etc., included 3710g Earnings, less than adult laborers, on basis of adults in same class of work 3710f Employer liable for irrespective of negligence 3691 Execution, exempt from 3711 Failure to pay, penalty on insurance carrier 3720 Form of agreement to pay 3724 Fraudulent claim for, penalty 3743 Funeral expenses 3709a Garnishment, exempt from 3711 Increased by 15 per cent, when 3691 installments, how amounts for are computed 3710i Lien, attorneys’ fees allowable. 3711 Maximum per week 3702b 10 Index COMPENSATION—Continued Section Medical attention, in addition to all other 3701a Minors, compensation increased, when 3710j Minors, employed in violation of law, effect on 3710j Minors, increased earning power of to be considered 3710j Moneys paid, not affected by award on change in condition 3730 None allowed for self-inflicted injuries 3691 Not payable upon unreasonable refusal of medical 3701d Occupational disease, effect on 3695b Payable, how and when 3702b Permanent partial disability, for 3705a Permanent total disability, for 3706 Priority, same as claim for wages 3711 Proceedings for limited by filing of claim 3727 Proceedings, in any for, certified copy of hospital records ad- missible.. 370If Proceedings, in any for, testimony of physician 3701e Public employee, effect on 3696 Purpose of 3736 Set-off, not subject to 3711 Sickness, last 3709a Temporary partial disability, for 3704 Temporary total disability, for 3703 Third person, effect on 3699 Waiting period, effect on 3702a When drawing, basis of for subsequent injury 3710h COMPROMISE SETTLEMENT (See also SETTLEMENT) How made 3723 Rights of employee cannot be waived 3723 Validity, restriction on 3723 Voluntary agreement provided for 3723 COMMON LAW Employee, when he may proceed at 3713 Excluded to those under act 3691 CONTEMPT Penalty for 3741 What constitutes . 3741 CONTRACT Application, when not made 3698c Employer, when affected by 3698a Employment, effect of on place made 3700b Liability, when existent 3698d CONTRACTOR Employer, when liable to. , 3698a Immediate, liability, when primary 3698d Immediate, when liable as employer . 3698d Independent, when deemed employer 3698c When provisions do not apply to (independent) 3698c CORONER Notice, duty to give in event of inquest 3738d Proceedings before, admissible in evidence 3738d COSTS Of Commission, when paid 3750 Witnesses, who responsible for costs of 3740 Index 11 COUNTER-CLAIM Compensation, not subject to 3711 Section DAILY EARNINGS Compensation, in computation of 3710d-e DEATH (See also DEATH BENEFIT) Aggravation causing death by unreasonable refusal of medical... 3701d Basis for compensation 3695b Benefit, basis for compensation 3709b Benefit, distribution among partial dependents 3709c Benefit, effect on partial dependents 3709b Benefit, effect on total dependents 3709b Benefit, how paid 3709e Benefit, how payable 3709b Benefit, maximum per week 3709b Benefit, minimum per week 3709b Benefit, when decreased 3691 Benefit, when increased 3691 Compensation, affected by 3708 Compromise settlement made before seven days after, not valid. . 3723 Contagious or infectious disease, as affects 3695b Defenses, when lost in liability for 3692d Disability, termination of by 3708 Employer, shall furnish names of employee’s dependents in event of 3709f Funeral, charges regulated by Commission 3709a Funeral, reasonable expense of 3709a Liability, as affected by 3708 Limitation as to action in claim for benefit for 3726 Mining business, ten deaths in one accident maximum insurance coverage requirement 3713 Natural causes, when due to 3695b Negligence, employer liable for irrespective of 3691 Occupational disease, as affects 3695b Operation, when causing, as a result of injury 3701d Pending proceedings, procedure in event of 3742 Remarriage, effect on benefit 3709d-l Result of self-inflicted injury 3691 Sickness, last 3709a Third person, when responsible for 3699 Widow, effect on benefit of death of 3709d-l Without dependents, employer liable to Second Injury Fund. . . . 3707 DEATH BENEFIT Commission may allocate 3709 Computation of 3709b Dependents, rights of to 3709 Funeral expense in addition to 3709a Maximum per week 3709b Minimum per week 3709b Payable, how 3709e Sickness, last, of employee 3709a DEBT Compensation, in no way liable for 3711 DEFAULT Compensation, in payment of, effect on self-insurer 3713 Employer, default of does not affect enforceability of insurance. . 3716 Proof of, effect on employer and insurer 3715 12 Index DEFENSES Negligence of fellow servant, assumption of risk of injury or death, or negligence of employee are defenses lost to minor employer whose occupation is hazardous or to major em- ployer who has rejected act 3692d Section DEFINITIONS Accident defined 3695b Casual employee defined 3695d “Death” defined 3695b Employee defined 3695a Employer defined 3694 Employer, doing work under contract, defined 3698a Employment by same employer defined 3710b Exempted employments (set forth) 3693 Injury defined 3695b Landlord and tenant 3698b Landlord or lessor, when deemed employer 3698b Lessor or lessee 3698b Major employer defined 3692a Minor employer defined 3692b Permanent total disability (when presumed conclusively) 3706b Personal injury defined 3695b Eegular employee defined 3695d Total disability defined 3685e DEPENDENT Death benefit, payable to total dependents 3709b Death of employee, effect on compensation 3708 Definition of 3709b Names of, to be kept by employer 3709f Partial dependent 3709c Presumed (conclusively) v 3709d Total dependent (s) 3695e When none, employer, indebted to Second Injury Fund 3709 DEPOSITIONS Commission has power to cause taken 3740 DISABILITY Concurrent and consecutive injuries (permanent) 3707c Consecutive injuries (permanent) 3707a Concurrent injuries (temporary) 3707b Death, termination of 3708 Not compensable when caused by unreasonable refusal of medical attention 3701d Permanent partial, disfigurement 3705a Permanent partial, hernia.. 3705b Permanent partial, maximum period for injuries not tabulated.. . 3705a Permanent partial, periods it may run 3705a Permanent partial, total permanent loss of use of member 3705a Temporary partial, period it may run 3704 Temporary total, period it may run 3703 DISFIGUREMENT Maximum for 3705a Permanent partial disability 3705a EARNINGS (See also WAGES) Annual, as basis for compensation . 3710a Annual, basis for compensation, in employments not operating entire year. 3710e Index 13 EARNINGS—Continued Annual, as basis for compensation, of employees in same class. . 3710c Annual, as basis for compensation, on daily wage 3710d Annual, as basis for compensation, on wage of adults in same class of work 371 Of Annual, as basis for compensation, value of board, rent, etc., to be Included 3710g Average annual not to exceed $3,600 3695a Basis for compensation 3702b Expectancy of minors to be considered 3710j Minimum number of working days, when 3710e Permanent partial disability 3705a Permanent total disability 3706a Temporary partial disability 3704 Section EMPLOYEE Casual 3695d Claim against Second Injury Fund, when 3707 Commissioner, one shall represent 3744 Commutation, may ask for, when 3736 Compensation, as affected by computation 3710 Compensation, deduction of in event of death 3709b Compensation, election of method of collecting 3713 Compensation, none allowable for self-inflicted injury 3691 Compensation, not affected by savings or insurance of 3712 Compensation, reduced 15 per cent, when 3691 Contagious or infectious disease 3695b Death benefit of 3709 “Death” defined for compensation 3695b Death, effect on compensation as a result of an operation 3701d Death from natural causes 3695b Death, with no dependents 3709a Dependents, names of to be kept by employer 3709f Discrimination against by employer for exercising rights, penalty for 3725 Employee defined 3695a Employee may permit employer to exempt himself 3692e Employee’s acceptance of act, effect on defenses of employes.... 3692d Employee’s rejection of act, effect on defenses of employer 3692d Employer, entitled to wages of, when 3702c Employer, rights subrogated to, when 3699 Employer, to furnish name of insurance carrier to 3715 Employer, when primarily and secondarily liable to 3715 Exception to acceptance, how secured 3690 Funeral expense of 3709a Hospital records, made available to employee 3701f How exception may be withdrawn by 3690 Immediate contractor, when employee of 3698d Independent contractor, when employee of 3698c Insurance, no part of cost of may be assessed against 3714 Landlord and tenant, when employee of 3698b May file written complaint that occupation of minor employer is hazardous 3692c Medical, additional treatment ordered for 3701a Medical for, can be changed by Commission 3701b Medical to be provided by employer 3701a Minors made of full age 3695a Occupational disease, effect on 3695b Occupational disease, rejection of acceptance by 3695b Operation, effect on compensation 3701b Physical examination, must submit to, when 3738a Physical examination, penalty for refusal to submit to 3738a 14 Index EMPLOYEE—Continued Poor person, may prosecute claim as 3740 Presumption of election after rejection 3690 Procedure of, to reject act in exempted occupation 3693 Public, effect of association or relief funds on 3696 Regular, defined 3695d Rights and remedies 3691 Right of, to select own physician 3701a Right to cross-examine witness at inquest 3738d Sickness, last 3709a Sub-contractor, when employee of 3698d Third person liability 3699 Total disability, as affects 3695e Unreasonable refusal of medical, effect on compensation 3701d When notice of acceptance or rejection becomes effective 3690 When presumed to have accepted chapter 3690 When under contract 3698a Section EMPLOYER Acceptance by employer whose employee has rejected act, effect on defenses 3692d Acceptance of act by employee, effect on defenses of 3692d Appearance of, is also appearance of insurer 3715 Blank reports must be filled in and returned to Commission 3722 Burden of proof, when on 3691 Commissioner, one shall represent 3744 Commutation, may ask for, when 3736 Compensation, as affected by computation 3710 Compensation, commuted, when 3713 Compensation increased 15 per cent, when 3691 Compensation, not enforceable against, when 3715 Compensation, only sources of 3712 Contractor, immediate, when deemed liable as 3698d Contractor, independent, when deemed 3698c Death benefit. . 3709 Defined 3694 Discrimination against employee, penalty for 3725 Employee, forfeits wages, when 3702c Employee, to keep names of dependents of 3709f Employer, immediate, when liability is primary 3698d Employer, others, when liability is secondary 3698d Employer, others, when not liable 3698d Exempted employers, how they may accept act 3693 Exception to acceptance, how secured 3690 Funeral expenses, when liable for 3709a Hospital records, shall have access to 3701f Individual employee, exemption of 3302e Insurance, carried in whole or in part by 3713 Insurance carrier, name to be provided, when 3715 Insurance, penalty for non-compliance to secure 3713 Insurance, shall carry entire liability, when 3713 Landlord or lessor, when deemed 3698b Liability, may be joint and several 3697 Liability, secondary and indirect, when 3715 Liability, shall be direct and primary, when 3715 Liability, to be insured 3713 Major employer defined. 3692a Medical attention shall be provided by 3701a Mining business, employers in, liability 3713 Minor employer defined 3692b Notice of accident, written, must be given to, 3726 Index 15 EMPLOYER—Continued Occupational disease, effect of clause on 3695b Party to all agreements on compensation 3715 Physical examination, may request of employee 3738a Policy of insurance, required to produce 3715 Prejudice, effect on notice of accident 3726 Presumption of election after rejection 3690 Public, effect on, of association or relief funds 3696 Reference to, includes insurer 3694c Right to cross-examine witness at inquest 3738d Reports of accidents must be made by 3722 Rules of, effect on compensation 3691 Safety devices, effect on compensation 3691 Self-insurer, how approved 3713 Self-insurer, penalty for failure to meet compensation 3713 Sickness, last, when to pay cost of 3709a Service on, gives Commission jurisdiction 3715 Sub-contractor, when deemed liable as 3698d Subrogation, when third person is liable 3699 Tax, when carrying own risk 3759 Third person, liability of 3699 To be informed of rejection on application 3690 To keep notice of rejection posted 3690 To be provided with notices of rejection 3690 Treatment, additional, may be ordered by Commission 3701a When presumed to have accepted chapter 3690 When exempted 3693 Who deemed, under contract 3698a Section EMPLOYMENT Arising out of and in course of 3691 Arising out of and in course of (construed) 3695c Casual or not incidental to business 3693 Contagious or infectious diseases in 3695b Contract of, effect on applicability of chapter 3700b Death due to natural causes in 3695b Employer, in same, explained 3710b Exemptions of occupations 3693 Exempted occupations, may elect to accept 3693 Hazardous 3692c Helpers, wages of 3710g Home work, cleaning, repairing, etc 3693 Less than whole number of working days a year 3710e Negligence in 3691 Non-hazardous , . 3692e Observance of statutes in 3691 Occupational disease in 3695b Premises not under control of employer 3693 Rules in 3691 Safety devices in 3691 Same, employee not in for full year 3710c Special expenses of, not included 3710g Total disability in relation to 3695e Year round employments 3710d EVIDENCE (See also TESTIMONY) Competent evidence insufficient to support award, basis for re- versal 3732 Pee charged for copy of 3752 Hospital records, certified copies of admissible in 3701f Physician’s testimony admissible in 3701e Prima facie of failure to insure, when 3715 16 Index EVIDENCE—Continued Section Proceedings before coroner, admissible in 3738d Records of Commission under seal shall be 3746 Report of impartial doctor admissible in 3738b Technical rules of as applied to proceedings 3739 EXCESS OF POWERS By Commission, basis for reversal 3732 EXECUTION Compensation, exempt from 3711 EXEMPTIONS Contagious or infectious disease 3695b Death due to natural causes 3695b Employments not to bo affected by Sections 3690, 3691 and 3692. 3693 Occupational disease 3695b EXHUMATION Commission may order 3738e FARM LABOR Exempted 3693 FEDERAL LAW Applicability of chapter in connection with 3700a FEES Annual report, rate of for 3752 Attorneys’, allowable as lien on compensation 3711 Attorneys’, subject to regulation by Commission 3711 Certified copies of documents, rate of for 3752 Certificate under seal, rate of for.. 3752 Copies of records, rate of for 3752 Funeral expense, cost of 3709a Investigation, rate of for 3752 Medical, subject to regulation by Commission 3701c None charged, when 3752 None to be charged by public officer 3753 Physician, fees of, when fixed by Commission 3738b Proceedings, copy of, rate of for 3752 Sickness, last, cost of 3709a To be paid into fund 3752 Witnesses are to receive 3740 FINAL AWARD Appeal from, how taken 3732 Appeal to Circuit Court within thirty days 3732 Appeal where 3732 Conclusive and binding 3732 FINDINGS OF FACT Binding and conclusive by Commission 3732 To be filed with record of proceedings 3729 FINE Conspiring to defraud, may be penalty for 3743 Contempt, may be penalty for 3741 Discrimination against employee for exercising rights, penalty for. 3725 False report, penalty for 3722 Information disclosed, penalty for 3722 Insurance agent, when subject to 3760 Penalty for violating provisions of chapter 3763 Index 17 FRAUD Section Conspiracy to defraud, penalty for 3743 Landlord and tenant, when created to avoid liability 3698b Lessor or lessee, when created to avoid liability 3698b Securing award by, basis for reversal 3732 FUEL Reasonable value of, to be included, when 3710g FUNERAL EXPENSE Cost of, regulated by Commission 3709a Employer, to provide, when 3709a Maximum allowable 3709a To be paid, when . 3747 GARNISHMENT Compensation, exempt from 3711 GOVERNOR Annual report to 3754 Commissioners appointed by 3744 Referees removed by 3747 GRATUITIES Reasonable value of to be included, when 3710g GUARDIAN Appointment of terminates legal disability from minority or in- sanity 3727 HAZARDOUS EMPLOYMENT Effect on defenses of minor employer 3692d Effect on exempted minor employers 3693 Effect on minor employer and his employees 3692c HEARINGS Application for, when and how made 3728 By whom conducted 3729 On review, where held 3750b Original, jurisdiction of referees in 3747 Original, where held 3750a Parties at issue 3729 Parties to shall be notified of 3728 Stenographers, all evidence to be taken by competent stenog- raphers 3729 Summary proceeding 3729 Witnesses 3729 HELPERS Wages of not to be included. 3710g HERNIA Permanent partial disability, proof required 3705b HOSPITAL Employee, may provide himself with hospital attention 3701a Employer, shall provide hospital attention 3701a Records, certified copies of, admissible in evidence 3701f Records of, may be copies 370If 18 Index HOUSING Section Reasonable value of to be included, when 3710g IMBECILITY Permanent total disability, when 3706b IMPRISONMENT Conspiring to defraud, may be penalty for 3743 Contempt, may be penalty 3741 Discrimination against employee for exercising rights, penalty for.. 3725 False report, penalty for 3722 Information disclosed, penalty for 3716 Insurance agent, when subject to 3760 Penalty for violating provisions of chapter 3763 INCONSISTENT ACT All in conflict with act repealed 3766 INJURY Arising out of and in the course of, construed 3695b Compromise settlement made before seven days after, not valid.. 3723 Concurrent and consecutive injuries (permanent disability) 3707c Concurrent injuries (temporary disability) 3707b Consecutive injuries (permanent disability) 3707a Employer liable for, irrespective of negligence 3691 Employment, effect on by place of contract '. . . . 3700b Injury and personal Injury defined 3695b Liability for reduced, when 3691 Limitation as to action in claim for compensation for 3727 Objective symptoms of 3695b Penalty for, when caused by failure of employer to comply with statute 3691 Permanent partial disability 3705 Reports of, must be filed 3722 Rights and remedies for, in Chapter, exclude all others 3691 Self-inflicted, not compensable 3691 Subsequent, effect on compensation computation 3710h Temporary partial disability 3704 Temporary total disability 3703 Third person, when responsible for 3699 INQUEST Proceedings of admissible in evidence 3738d INSANITY Legal disability from terminated by appointment of guardian... . 3727 Permanent total disability, when 3706b INSTALLMENT Compensation, how computed for each 3710i INSURANCE (See also INSURER) Carrier, authority to do business may be revoked, when 3720 Carrier of, employer shall furnish name of 3715 Carrier, receiver for may be appointed 3720 Carrier, shall report to superintendent of insurance 3719 Charges for, to be fair and reasonable 3717 Classification of risks and rates to be issued by superintendent of insurance 3717 Classification of risks and rates, when, 3717 Companies must keep reserve 3718 Index 19 INSURANCE—Continued. Compensation in lieu of 3721 Employee, no cost of insurance for may be assessed against 3714 Employer, shall provide for 3713 Exceptions to ratings 3717 Form of, to be approved by superintendent of insurance 3716 Hearings, may be held to determine rates of, by superintendent of insurance 3717 Merit rating, due allowances for 3717 Participating policies, effect of rates on 3717 Policy of, employer shall provide copy of 3715 Policy of, requirements listed 3716 Policy of, must conform to law 3716 Rates, how arrived at and maintained 3717 Schedule rating, due allowances for 3717 Section INSURANCE AGENT INSURER (See also SELF-INSURER) Misrepresentation of, penalty for 3760 Agent, misrepresentation of, penalty for 3760 Appearance, effect of that of employer on 3715 Compensation, insurer and employer only liable.. 3712 Employer, reference to includes insurer 3694c Employer, service on, effect on insurer 3715 Liable, primarily and directly, when 3715 Names of, to be provided, when 3715 Notice, entitled to receive notice of proceedings, when 3715 Party to all agreements 3715 Procedure against, when failing to pay tax 3758 Returns on gross premiums required 3757 Tax, amount of, on premiums 3755 Tax, must pay amount due when leaving state 3758 Tax, shall pay on premiums 3755 INTEREST Commutation, basis for 3736 Compensation installment, rate on ... 3702b JUDGMENT Memorandum, effect of judgment on 3733 JURISDICTION Attorneys’ fees, disputes concerning, under jurisdiction of Com- mission 3711 Pees, medical, Commission has jurisdiction to hear and determine disputes as to 3701c Funeral expense and cost of last sickness, Commission has juris- diction to hear disputes on 3709a Of Circuit Court to render judgment 3733 Referees, set forth 3747 Service, effect on Commission’s power over employer and insurer. 3715 LANDLORD When deemed employer 3698b When provisions apply to 3698b LAST SICKNESS Charges for regulated by Commission 3709a Cost of, maximum 3709a Employer, when responsible for cost of 3709a 20 Index LAW (See also CHAPTER) Provisions of, to be liberally construed 3764 Substantial compliance with sufficient 3764 Technical omission does not render inoperative 3764 Section LEGAL DISABILITY (See also MINORITY and INSANITY) Terminated by appointment of guardian 3727 LEGISLATIVE INTENT Amending or repealing other laws 3696 As to other laws 3696 Associations for relief 3696 Funds for relief 3696 Public employee 3696 Unconstitutionality of one part not to affect validity of others.. . 3765 LESSOR (Or LESSEE) When deemed employer 3698 b When provisions apply to 3698b LIABILITY Avoiding, for fraudulent purpose 3698b Contract, defined 3698a Contract, when it establishes 3698a Contractor, when liable 3698d Contribution for, in proportion 3697 Death benefit, computation 3709b Death, effect on compensation 3708 Employer, immediate, when liable 3698d Employer in mining business may carry own risk for any excess.. 3713 Employer liable irrespective of negligence 3691 Employer not liable for employee’s self-inflicted injury 3691 Employer released from all other, when 3691 Employer, when liability is secondary and indirect 3715 Employer, when liability is primary and direct 3715 Employers, may be joint and several 3697 Funeral expenses, employer responsible for 3709a Insurance for required 3713 Maximum coverage in mining business for one accident 3713 Occupational diseases 3695b Of employer, decreased, when 3691 Of employer, increased, when 3691 Sickness, last, employer to provide expenses for 3709a Sub-contractor, when 3698d Third person, when 3699 LIEN Compensation, against, for attorneys’ fees, allowable 3711 LIMITATION AS TO ACTION Claim for compensation must be filed within one year 3727 Death must occur within 300 weeks to be compensable 3695b LODGING Reasonable value of, to be included, when 3710g Index 21 LUMP SUM Attorneys’ fees, may be allowed in 3711 Commutation of. how arrived at 3736 Settlement 3723 Section MAJOR EMPLOYER Defined 3692a Loss of defenses, if he has rejected act—negligence of fellow servant, assumption of risk of injury or death, negligence of employee 3692d MEDICAL ATTENTION Additional treatment may be ordered by Commission 3701a Ambulance 3701a Amount in dollars to be expended for in period 3701a Employee, unreasonable refusal of, to submit to medical attention. 3701d Fees for, subject to regulation by Commission 3701c Hospital treatment 3701a Medical examination, employee shall submit to 3738a Medicines 3701a Nursing 3701a Period over which medical extends 3701a Physician, any who treats employee may testify 3701e Records, hospital, shall be available and certified copies shall be admissible in evidence 370If Required for cure and relief of injury 3701a Sickness, last, of employee 3709a Surgical treatment 3701a Treatment, may be ordered changed 3701b MEMORANDUM May be filed with Circuit Court 3733 MILEAGE Witnesses are to receive 3740 MINING BUSINESS Liability, maximum in 3713 MINOR EMPLOYER Conclusively presumed to have accepted, when 3692c Defined 3692b Employee of. may file complaint that his employer is engaged in hazardous occupation 3692c Exemptions, when 3693 Loss of defenses 3692d MINORITY Legal disability from, terminated by appointment of guardian... 3727 MINORS (See also LEGAL DISABILITY) Compensation, effect of increased earning power on 3710j Compensation, effect on. of violation of child labor statutes 3710j “Employee” includes minors 3696a Made of full age 3695a Penalty, on employer, amount 3710j 22 Index MISDEMEANOR Conspiracy to defraud, when it constitutes 3743 Contempt, when it constitutes 3741 Discrimination against employee for exercising rights, is 3725 False report constitutes ■. 3722 Information disclosed, constitutes 3722 Insurance agent, when guilty of 3760 Those guilty of, when 3763 Section MISSOURI WORKMEN’S COMPENSATION FUND (See Section FEES, payable into) 3752 Taxes, payable into 3757 MUTILATION Compensation for 3705a NEGLIGENCE Employee (loss of defense) 3692d Employer liable, irrespective of 3691 Fellow servant (loss of defense) 3692d NOTICE Death, notice of to parties, revives proceedings 3742 Effect of employee’s notice upon employments and for what period 3690 Effect of notices rejecting or withdrawing rejection 3690 Exempted employments, notices required 3693 How notices rejecting or withdrawing rejection are to be sent.... 3690 Notice provided by Commission to be posted when act is rejected.. 3690 Occupational disease, employers may come under act as respects it. 3696b Service, when properly made 3735 Sufficiency of, to insurance company 3761 Within thirty days of the accident required 3726 Written notice filed of rejection 3690 Written notice filed of withdrawing rejection 3690 NOTICE OF ACCIDENT Defect or inaccuracy not invalidating 3726 Must be made within 30 days to maintain proceedings 3726 OATHS OATH OF OFFICE Commission has power to admlnster 3740 Commission, required of employees of 3745 Commissioners, required of 3745 OCCUPATIONAL DISEASE Employer, may elect to accept clause of 3695b OFFICES Equipment of 3760 Jefferson City 3750 Kansas City 3750 Permanent records, which kept in .*..... 3750 St. Louis 3750 Where maintained 3750 OPERATION Death from, effect on compensation 3701d Index 23 ORIGINAL HEARING (See also HEARINGS) Section Accident, place of, effect on 3760a Contract of employment, effect on 3750a Referees, jurisdiction in 3747 Where held. 3760a PARALYSIS Permanent total disability, when 3706b PENALTY Contempt 3741 Delinquent payments of tax 3757 Discrimination against employee for exercising rights, penalty for. 3725 Employer presumed to have failed to insure, when 3715 False report made, penalty for 3722 Fine, for making false report or disclosing information 3722 Imprisonment, for making false report or disclosing information. . 3722 Information disclosed, in violation. . 3722 Insurance agent, for misrepresentation of 3760 Insurance carrier, may lose right to do business, when 3720 Minor, in violation of employment of, amount 3710j Temporary award, for non-compliance with 3734 Violation of provisions of chapter 3763 Where injury is caused by failure to comply with any statute, 15 per cent added 3691 Where injury is caused by wilful failure of employee to use safety devices or obey reasonable rule diligently enforced, 15 per cent deducted 3691 PERMANENT PARTIAL DISABILITY Compensation, how computed 3705a Compensation, maximum per week 3705a Compensation, minimum per week. 3705a Compensation periods, set forth in table 3705a Disfigurement 3705a Hernia 3705a Permanent and total loss of eye, foot, leg, arm or hand, employer liable to Second Injury Fund 3707 Permanent and total loss of use of member 3705a Permanent injuries not tabulated 3706a PERMANENT TOTAL DISABILITY Compensation for, extent of period 3706a Compensation for, how computed 3706a Compensation for, maximum per week 3706a Compensation for, minimum per week 3706a Conclusively presumed, when 3706b PHYSICAL EXAMINATION Commission may request, when 3738a Employer may request, when 3738a Employee shall submit to, when 3738a Penalty for refusal to submit to 3738a Time and place of 3738a PHYSICIAN Employee’s, may be present at ordered physical examination.... 3738a Fees of, set by Commission 3738b Impartial physician may be appointed by Commission 3738b Report of admissible in evidence, when 3738b Testimony of any examining employee admissible 3738c Traveling expenses of, how paid 3738b 24 Index POLITICAL SUBDIVISIONS Section Defined as employer 3694b Exempted 3693 POLITICS Commission, employees of, activity in barred 3745 Commissioners, activity in barred 3745 POOR PERSON Employee may prosecute claim as 3740 POST-MORTEM Commission may order 3738e PREMISES Contract, on or about 3698a Exempted employers, notice of acceptance 3693 Occupational disease, posting acceptance of 3695b On or about as respecting employment 3695c Owner of, improvements on 3698c Whereon notice of rejection shall be posted 3690 PRESUMPTION Employee, in working for exempted employer coming under the act 3693 Employee, under occupational disease 3695 In accepting act (conclusive; 3690 Insurance, when failure to provide by failure of insurer to appear, how conclusively rebutted 3715 Of election to accept (when re-established) 3690 Permanent total disability, when conclusively presumed 3706b PRINTING AND STATIONERY As provided by Chapter 117, it. S. 1939 3750 PRIORITY Compensation, in, same as claim for wages 3711 PROCEEDINGS Before Commission to be simple, informal, summary 3739 Defect or irregularity of not invalidating 3739 Fee charged for copy of 3752 Rules of to be made by Commission 3739 PROCESS Commission has power to issue 3740 Parties entitled to 3740 PUBLIC EMPLOYEE PUBLIC EMPLOYER Relief or association funds, effect on 3696 Relief or association funds, effect on 3696 PUBLIC OFFICER Documents, certified copies of, provided without cost 3753 Piling by, no fee allowed for 3753 QUESTIONS OF LAW Appellate courts may consider . 3732 Index 25 REFEREES Section Commission shall appoint (number) 3747 Jurisdiction of 3747 Power of 3747 Removal of 3747 Salary of 3747 RECORD What constitutes on appeal 3732 RE-HEARING Change in condition, Commission may grant re-hearing on 3730 REJECTION OF ACT Effect of rejection (until withdrawn) 3690 Effect of rejection on employments 3690 Effect on certain three defenses 3692d Employee may reject when exempted employer accepts 3693 How rejected 3690 How rejection may be withdrawn „ 3690 Notice of rejection (where posted) 3690 Notice of rejection (to whom provided) 3690 When acceptance becomes effective by notice 3690 RELIEF FUNDS Effect of chapter on 3696 RENT Reasonable value of, to be included, when 3710g RETURNS Of insurance carriers, when delinquent, procedure 3756 REVIEW Application for, when to make 3731 Award by Commission on review in change in condition 3730 Change in condition, Commission may grant on 3730 Full Commission only may act on 3731 Limitation of time in which to seek 3731 RIGHTS AND REMEDIES Employee, agreement of, to waive rights not valid 3723 Employee, discrimination against for exercising rights 3725 Those granted in this chapter exclude all others except those not herein provided for 3691 RULES AND REGULATIONS Commission has power to adopt 3751 RULINGS OF LAW To be filed with record of proceedings 3729 SAFETY DEVICES Penalty for failure to use 3691 26 Index SALARIES Section Assistants 3747 Clerks 3747 Commissioners 3744 Employees of Commission 3747 Referees 3747 Secretary 3747 Stenographers 3747 SEAL Commission must keep. . 3746 Judicial notice shall be taken of 3746 SECOND INJURY FUND Attorney General may file claim against employer 3707 Attorney General to be notified in certain cases 3707 Commission to determine expenditures therefrom 3707 Employers shall pay into, when 3707 Payments may be suspended or reduced, when 3707 Refunds, when and how made 3707 State Treasurer, custodian 3707 State Treasurer to be made party in claims, against 3707 SECRETARY Commission shall appoint 3747 Duties of 3747 Removal of 3747 Salary of 3747 SELF-INSURER (See also INSURER) Employer may carry own insurance 3713 Must report to superintendent of insurance 3719 Tax, amount of on premiums 3755 Tax shall pay on premiums 3755 SENATE Appointment of Commissioners to be approved by 3744 SERVANTS (DOMESTIC) Exempted 3693 SERVICE Employer, effect on 3716 Insurer, effect on 3715 Notice, manner of serving 3735 SET-OFF Compensation, not subject to. . . . 3711 SETTLEMENT Approval, by Commission 3723 Compromise, when valid 3723 Employee, rights of, cannot be waived in 3723 Parties may enter into. 3723 SPECIAL EXPENSES Entailed by nature of employment not to be included 3710g STENOGRAPHERS By whom appointed 3729 Qualifications (competency) 3729 Index 27 STATE AUDITOR Section Copies of insurance companies’ tax schedule to 3757 May make transfer of funds 3757 STATE TREASURER Copies of insurance companies’ tax schedule to 3757 Claim against employer, for Second Injury Fund, in name of. . . 3707 Custodian of Second Injury Fund 3707 May make transfer of funds 3757 To be made party in claims against Second Injury Fund 3707 SUB-CONTRACTOR Contractor, when deemed employer of subcontractor’s employee. . 3698c Employer, when liable to 3698a Immediate, when liable as employer 3698d SUBPOENA Commission has power to subpoena witnesses 3740 SUBROGATION Employee, rights of, subrogated to employer 3699 Employer, rights of employee subrogated to 3699 Third person 3699 SUPERINTENDENT OF INSURANCE Books and records of insurance companies may be examined by.. 3719 Duty of, when insurance returns are delinquent 3756 Hearings, may hold to determine rates 3717 Insurance carrier, right to do business may be revoked by 3720 Insurance policy to be approved by 3715 May suspend delinquent insurers 3757 Officers, agents, servants of insurance carriers may be examined by under oath 3719 Rates to be classified by 3717 Reports, to be sent to by insurance companies 3719 Reserves of insurance companies regulated by 3718 Returns of insurance companies 3757 Substitute insurance, may be terminated by 3721 TAX Assessed by whom and how 3767 Insurance carriers exempt from all other 3762 Insurers, procedure against when failing to pay 3758 Insurers shall pay on premiums received 3755 Penalty for delinquent payment of 3757 Rate of, on premiums 3755 When payable 3757 TEMPORARY OR PARTIAL AWARD Compensation, effect on 3734 Final award ends temporary award 3734 May be modified 3734 Penalty for non-compliance with 3734 Status of 3734 TEMPORARY PARTIAL DISABILITY Compensation, how computed 3704 Compensation, maximum 3704 Compensation period, extent of 3704 28 Index TEMPORARY TOTAL DISABILITY Section Compensation, maximum per week 3703 Compensation, minimum, per week 3703 Compensation, period, extent of. . . 3703 Compensation, when wages are less than $6.00 a week 3703 TENANT TESTIMONY OF When provisions apply to 3698b Physician who examines employee, admissible 3738c Physician who treated employee, admissible 3701e THIRD PARTY Liable, when 3699 TRANSCRIPTS Fee charged for copy of 3752 TRAVELING EXPENSES Approved, by whom 3750 Physician, cost of, by, paid by Commission 3738b Verified, how 3750 When paid 3750 Who entitled to 3750 UNCONSTITUTIONALLY Of one part of law not to affect validity of others 3765 WAGES (See also EARNINGS) Basis for compensation 3702b Earnings, as annual 3710a Employer, entitled to credit for 3702c Helpers, wages of, not included 3710g Temporary partial disability, effect of wages on computation... . 3704 Temporary total disability, full wages, when 3703 Yearly, of adult day laborers . 3710f WAITING PERIOD Exception to 3702a Extent of 3702a WITNESS Attendance of, how compelled 3740 Cost for, who responsible 3740 Mileage, is entitled to 3740 WORKMEN’S COMPENSATION LAW Defined 3689 State of Missouri 29 MISSOURI WORKMEN’S COMPENSATION LAW Sec. 3689. Chapter defined .—This chapter shall be known as the workmen’s compensation law. (R. S. 1929, § 3299.) ‘ Sec. 3690. Who presumed to be under chapter—exception— presumption re-established—notice effective, when.—Every em- ployer and every employee, except as in this chapter otherwise provided, shall be conclusively presumed to have elected to accept the provisions of this chapter and respectively to furnish and accept compensation as herein provided, unless prior to the accident he shall have filed with the commission a written notice that he elects to reject this chapter. The presumption of election shall be re- established by filing with the commission a written notice with- drawing the rejection. All such notices shall take effect on the day of their receipt by the commission. They shall be sent by mail and the commission shall immediately acknowledge receipt thereof. The notice given by the employee shall take effect upon all employ- ments at which he may then or thereafter be employed until the rejection is withdrawn, and on application the commission shall inform any employer thereof. The commission shall also furnish to each employer rejecting the chapter a notice thereof, which the employer shall keep posted in a conspicuous place on his premises where it can be seen by his employees. (R. S. 1929, § 3300.) Sec. 3691. Employer liable irrespective of negligence— employee’s rights forfeited—self-inflicted injury, effect—15 per cent penalty, when.—If both employer and employee have elected to accept the provisions of this chapter, the employer shall be liable irrespective of negligence, to furnish compensation under the provisions of this chapter for personal injury or death of the em- ployee by accident arising out of and in the course of his employ- ment, and shall be released from all other liability therefor what- soever, whether to the employee or any other person. The rights and remedies herein granted to an employee, shall exclude all other rights and remedies of such employee, his wife, her husband, parents, personal representatives, dependents, heirs or next kin, at common law or otherwise, on account of such accidental injury or death, except such rights and remedies as are not provided for by this chapter. No compensation shall be allowed under this chapter for the injury or death due to the employee’s intentional self-in- flicted injury but the burden of proof of intentional self-inflicted in- jury shall be on the employer or the person contesting the claim for allowance. Where the injury is caused by the failure of the em- ployer to comply with any statute in this state, or any lawful order of the commission, the compensation and death benefit provided for under this chapter shall be increased fifteen per cent. Where the injury is caused by the willful failure of the employee 30 Workmen's Compensation to use safety devices where provided by the employer, or from the employee's failure to obey any reasonable rule adopted by the em- ployer for the safety of employees, which rule has been kept posted in a conspicuous place on the employer’s premises, the compensa- tion and death benefit provided for herein shall be reduced fifteen per cent, provided that it is shown that the employee had actual knowledge of said rule so adopted by the employer; and provided further that the employer had, prior to the injury, made a diligent effort to cause his employees to use said safety device or devices and to obey or follow said rule so adopted for the safety of said employees. (R. S. 1929, § 3301.) Sec. 3692. Major and minor employer defined—hazardous occupation—appeals—negligence no defense—exception—exemp- tion obtained and revoked.—(a) A major employer shall mean an employer who has more than ten employees regularly employed. (b) A minor employer shall mean an employer who has ten or less employees regularly employed. (c) If any employee of a minor employer files with the com- mission a written complaint that such employer is engaged in an occupation hazardous to employees, the commission shall issue an order to show cause returnable within ten days thereafter re- quiring such employer to appear and show cause why he should not be required to accept or reject the provisions of this chapter, or such order may be issued by the commission upon its own motion. Upon hearing the commission shall determine whether or not such employer is engaged in an occupation hazardous to employees and if the commission determines that such employer is engaged in an occupation hazardous to employees, such employer shall be con- clusively presumed to have accepted the provisions of this chapter unless he rejects the same within ten days thereafter. The com- mission may review its decisions with reference to the hazardous nature of such employment, or such decision may be reviewed by the full commission in the same manner that awards of the com- mission may be reviewed under sections 3730 and 3731 of this chapter, and appeals may be had in the manner provided in section 3732. (d) If any minor employer, who has been determined to be engaged in an occupation hazardous to employees, or any major employer has elected to reject the provisions of this chapter, in any action to recover damages for personal injury or death of his employee in the course of his employment, it shall not be a defense that the same was caused by the negligence of a fellow servant, or that the employee had assumed the risk of the injury or death, or that the same was caused in any degree by the negligence of the employee. Such defenses shall not be allowed in such action whether or not the employee accepted this chapter, nor shall they be allowed in any proceeding for compensation under this chapter. Such defenses shall be allowed to an employer who has elected to accept this chapter, if the employee has elected to reject it. (e) Any employer who has accepted the provisions of this chapter may exempt himself from the provisions of the same with State of Missouri 31 respect to any individual employee whose employment is not hazardous by filing with the commission the written consent of such employee to such exemption. Such consent shall describe the nature of the employment and be signed by the employee and must be approved by the commission: Provided that the com- mission shall not approve of such exemptions unless it deems such employment non-hazardous; and -provided further, that such em- ployee may at any time thereafter before injury revoke such consent by filing a written revocation thereof with the commission. The commission shall thereupon notify the employer of such revocation. (R. S. 1929, § 3302.) Sec. 3693. Certain sections not applicable to certain em- ployments—may come within law.—Sections 3690, 3691 and 3692 of this chapter shall not apply to any of the following employ- ments; First: Employments by the state, county, municipal cor- poration, township, school or road, drainage, swamp and levee districts, or school board, board of education, regents, curators, managers, or control commission, board or any other political subdivisions, corporation, or quasi-corporation thereof. Second: Employments of farm labor and domestic servants including family chauffeurs. Third: Employments which are but casual or not incidental to the operation of the usual business of the employer. Fourth: Employments in which articles and materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale in the home of the employee, or on premises not under the control or management of the em- ployer. Fifth: Employments by minor employers not determined to be engaged in an occupation hazardous to employees. Any employer in this section exempted from the operation of sections 3690, 3691 and 3692 of this chapter may bring himself within the provisions of this chapter by filing with the commission notice of his election to accept the same, and by keeping posted in a con- spicuous place on his premises a notice thereof to be furnished by the commission, and any employee entering the services of such employer and any employee remaining in such service thirty days after the posting of such notice shall be conclusively presumed to have elected to accept this chapter unless he shall have filed with the commission and his employer a written notice that he elects to reject this chapter. (R. S. 1929, § 3303.) Sec. 3694. Employer defined—who included.—The word “employer” as used in this chapter shall be construed to mean: (a) Every person, partnership, association, corporation, trustee, receiver, the legal representatives of a deceased employer, and every other person, including any person or corporation operat- ing a railroad and any public service corporation, using the service of another for pay. 32 Workmen's Compensation (b) The state, county, municipal corporation, township, school or road, drainage, swamp and levee districts, or school boards, board of education, regents, curators, managers or control commission, board or any other political subdivision, corporation, or quasi-corporation, or cities under special charter, or under the commission form of government, which elects to accept this chapter by law or ordinance. (c) Any reference to the employer shall also include his insurer. (R. S. 1929, § 3304.) Sec. 3695. Certain terms defined.—(a) The word “em- ployee” as used in this chapter shall be construed to mean every person in the service of any employer, as defined in this chapter, under any contract of hire, express or implied, oral or written, or under any appointment or election, but shall not include persons whose average annual earnings exceed three thousand six hundred dollars. Any reference to any employee who has been injured shall when the employee is dead, also include his dependents, and other persons to whom compensation may be payable. The word “employee” shall also include all minors who work for an employer, whether or not such minors are employed in violation of law, and all such minors are hereby made of full age for all purposes under, in connection with, or arising out of this chapter. (b) The word “accident” as used in this chapter shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforseen event happen- ing suddenly and violently, with or without human fault and producing at the time objective symptoms of an injury. The term “injury” and “personal injuries” shall mean only violence to the physical structure of the body and such disease or infec- tion as naturally results therefrom. The said terms shall in no case except as hereinafter provided be construed to include oc- cupational disease in any form, nor shall they be construed to include any contagious or infectious disease contracted during the course of the employment, nor shall they include death due to natural causes occurring while the workman is at work. “Death” when mentioned as a basis for the right to compensation means only death resulting from such violence and its resultant effects occurring within three hundred weeks after the accident: Pro- vided, that nothing in this chapter contained shall be construed to deprive employees of their rights under the laws of this state pertaining to occupational diseases, unless the employer shall file with the commission a written notice that he elects to bring himself with respect to occupational disease within the provisions of this act and by keeping posted in a conspicuous place on his premises a notice thereof to be furnished by the commission, and any -em- ployee entering the services of such employer and any employee remaining in such service thirty days after the posting of such notice shall be conclusively presumed to have elected to accept this sec- tion unless he shall have filed with the commission and his em- ployer a written notice that he elects to reject this act. State of Missouri 33 (c) Without otherwise affecting either the meaning or interpretation of the abridged clause, “personal injuries arising out of and in the course of such employment,” it is hereby de- clared not to cover workmen except while engaged in, or about the premises where their duties are being performed, or where their services require their presence as a part of such service. (d) An employee who is employed by the same employer for more than five and one-half consecutive work days shall for the .purpose of this chapter be considered a regular and not a casual employee. (e) The term “total disability” as used in this chapter shall mean inability to return to any employment and not merely mean inability to return to the employment in which the employee was engaged at the time of the accident. (R. S. 1929, § 3305. Amended, Laws 1931, p. 382.) Sec. 3696. Legislative intent relative to other laws expressed. Nothing in this chapter shall be construed as amending or repealing any statute or ordinance relating to associations or funds for the relief, pensioning, retirement, or other benefit of firemen, policemen, or other public employees, their widows, children or dependents, or as in any manner interfering with such associations, funds or benefits, now or hereafter established, but any such public em- ployee, his widow, children or dependents, who shall receive com- pensation under this chapter shall have deducted from any benefit otherwise payable by any pension or other benefit fund to which the municipal corporation or other public employer contributes, a part of such benefit proportionate to the amount then being con- tributed to such fund by such employer, which deductions shall be made only during the compensation period. Nor shall any- thing in this chapter be construed as interfering with the right of any public employee to draw full wages, or collect and retain his full fees, so long as he holds his office, appointment or employment, but the period during which the same are received after the injury shall be deducted from the period of compensation payments due hereunder. (R. S. 1929, § 3306.) Sec. 3697. Employer’s liability may be joint and several— contribution allowable.—If the injury or death occurs while the employee is in the joint service of two or more employers, their liability shall be joint and several, and the employee may hold any or all of such employers. As between themselves such em- ployers shall have contribution from each other in the proportion of their several liability for the wages of such employee, but nothing in this chapter shall prevent such employers from making a different distribution of their proportionate contributions as between them- selves. (R. S. 1929, § 3307.) Sec. 3698. Who deemed an “employer”—applicable to “landlord and tenant,” “lessor and lessee”—exception, when.— (a) Any person who has work done under contract on or about his 34 Workmen's Compensation premises which is an operation of the usual business which he there carries on shall be deemed an employer and shall be liable under this chapter to such contractor, his subcontractors, and their employees, when injured or killed on or about the premises of the employer while doing work which is in the usual course of his business. (b) The provisions of this section shall apply to the relation- ship of landlord and tenant, and lessor or lessee, when created for the fraudulent purpose of avoiding liability, but not otherwise. In such cases the landlord or lessor shall be deemed the employer of the employees of the tenant or lessee. (c) The provisions of this section shall not apply to the owner of premises upon which improvements are being erected, demolished, altered or repaired by an independent contractor but such independent contractor shall be deemed to be the em- ployer of the employees of his subcontractors and their subcontrac- tors when employed on or about the premises where the principal contractor is doing work. (d) In all cases mentioned in the preceding subsections, the immediate contractor or subcontractor shall be liable as an em- ployer of the employees of his subcontractors. All persons so liable may be made parties to the proceedings on the application of any party. The liability of the immediate employer shall be primary, and that of the others secondary in their order, and any compensation paid by those secondarily liable may be recovered from those primarily liable, with attorney’s fees and expenses of the suit. Such recovery may be had on motion in the original proceedings. No such employer shall be liable as in this section provided, if the employee was insured by his immediate or any intermediate employer. (R. S. 1929, § 3308.) Sec. 3699. Injured employee may hold third person, when— effect.—Where a third person is liable to the employee or to the dependents, for the injury or death, the employer shall be subro- gated to the right of the employee or to the dependents against such third person, and the recovery by such employer shall not be limited to the amount payable as compensation to such em- ployee or dependents, but such employer may recover any amount which such employee or his dependents would have been entitled to recover. Any recovery by the employer against such third person, in excess of the compensation paid by the employer, after deducting the expenses of making such recovery shall be paid forthwith to the employee or to the dependents, and shall be treated as an advance payment by the employer, on account of any future installments of compensation. (R. S. 1929, § 3309.) Sec. 3700. Applicability of chapter—general unless abrogated by federal statute—injuries received within and without the state. (a) This chapter shall apply to all cases within its provisions except those exclusively covered by any federal law. (b) This chapter shall apply to all injuries received in this state, regardless of where the contract of employment was made, State of Missouri 35 and also to all injuries received outside of this state under con- tract of employment made in this state, unless the contract of employment in any case shall otherwise provide. (R. S. 1929, § 3310.) Sec. 3701. Employer shall provide medical, surgical, and hospital treatment—exceptions—compensation forfeited, when.— (a} In addition to all other compensation, the employee shall receive and the employer shall- provide such medical, surgical, and hospital treatment, including nursing, ambulance and medi- cines, as may reasonably be required for the first ninety days after the injury or disability, to cure and relieve from the effects of the injury, not exceeding in amount the sum of seven hundred and fifty dollars, and thereafter such additional similar treatment as the commission by special order may determine to be necessary. If the employee desires, he shall have the right to select his own physician, surgeon, or other such requirement at his own expense. Where such requirements are furnished by a public hospital or other institution, payment therefor shall be made to the proper authorities. (b) If it be shown to the commission that such requirements are being furnished in such manner that there is reasonable ground for believing that the life, health, or recovery of the employee is endangered thereby, the commission may order a change in the physician, surgeon, hospital or other requirement. (c) All fees and charges under this section shall be fair and reasonable, shall be subject to regulation by the commission, and shall be limited to such as are fair and reasonable for similar treatment of injured persons of a like standard of living. The commission shall also have jurisdiction to hear and determine all disputes as to such charges. (d) No compensation shall be payable for the death or disability of an employee, if and in so far as the same may be caused, continued or aggravated by an unreasonable refusal to submit to any medical or surgical treatment or operation, the risk of which is, in the opinion of the commission, inconsiderable in view of the seriousness of the injury. If the employee dies as a result of an operation made necessary by the injury, such death shall be deemed to be caused by the injury. (e) The testimony of any physician who treated the em- ployee shall be admissible in evidence in any proceedings for com- pensation under this act. (f) Every hospital or other person furnishing the employee with medical aid shall permit its record to be copied by and shall furnish full information to the commission, the employer, the employee or his dependents and any other party to any proceedings for compensation under this act, and certified copies of such records shall be admissible in evidence in any such proceedings. (R. S. 1929, § 3311. Reenacted, Laws 1931, p. 381.) Sec. 3702. Waiting period—compensation—basis for pay- ment.—(a) Except as provided in section 3701, no compensation 36 Workmen's Compensation shall be payable for the first three days or less of disability unless the disability shall last longer than four weeks. (b) Compensation shall be payable as the wages were paid prior to the injury, but in any event at least once every two weeks. Each installment shall bear interest at the rate of six per cent per annum from the date when due until paid. Compensation shall be payable on the basis of 66 2/3 per cent of the average earnings of the employee computed in accordance with the rules given in section 3710 of this chapter, but in no case shall the compensation exceed twenty dollars a week. (e) The employer shall be entitled to credit for wages paid the employee after the injury, and for any sum paid to or for the employee or his dependents on account of the injury except for liability under section 3701. (R. S. 1929, § 3312.) Sec. 3703. Temporary total disability—amount paid.—For temporary total disability the employer shall pay compensation for not more tha.n four hundred weeks during the continuance of such disability, but not less than six dollars nor more than twenty dollars a week, with full wages if the average earnings amount to less than six dollars a week. (R. S. 1929, § 3313.) Sec. 3704. Temporary partial disability—amount paid.— For temporary partial disability compensation shall be paid during such disability but not for more than one hundred weeks, and shall be 66 2/3 per cent of the difference between the average earnings prior to the accident and the amount which the employee, in the exercise of reasonable diligence, will be able to earn during the dis- ability, to be determined in view of the nature and extent of the injury and the ability of the employee to compete in an open labor market not to exceed, however, twenty dollars per week. (R. S. 1929, § 3314.) Sec. 3705. Permanent partial disability—compensation for various injuries—how computed.—(a) For permanent partial disability, in lieu of all other compensation, except that provided under section 3701 of this chapter, the employer shall pay to the employee 66 2/3 per cent of his average earnings as computed in accordance with section 3710, but not less than six dollars nor more than twenty dollars per week, for the periods hereinafter provided; Nature of injury Weeks 1 Loss of major arm at shoulder 232 2 Loss of minor arm at shoulder 212 3 Loss of major arm between shoulder and elbow 222 4 Loss of minor arm between shoulder and elbow 200 5 Loss of major arm at elbow joint 210 6 Loss of minor arm at elbow joint 190 7 Loss of major arm between elbow and wrist 200 8 Loss of minor arm between elbow and wrist 180 9 Loss of major hand at the wrist joint 175 10 Loss of minor hand at the wrist joint 160 State of Missouri 37 Nature of injury Weeks 11 Loss of thumb of major hand at proximal joint 60 12 Loss of thumb of minor hand at proximal joint 55 13 Loss of thumb of major hand at distal joint 45 14 Loss of thumb of minor hand at distal joint 34 15 Loss of index finger at proximal joint, major hand 45 16, Loss of index finger at proximal joint, minor hand 40 17 Loss of index finger at second joint, major hand 35 18 Loss of index finger at second joint, minor hand 30 19 Loss of index finger at distal joint, major hand 30 20 Loss of index finger at distal joint, minor hand 26 21 Loss of either the middle or ring finger at the proximal joint, major hand 35 22 Loss of either the middle or ring finger at the proximal joint, minor hand 30 23 Loss of either the middle or ring finger at second joint, major hand 30 24 Loss of either the middle or ring finger at second joint, minor hand 26 25 Loss of either the middle or ring finger at the distal joint, major hand 26 26 Loss of either the middle or ring finger at the distal joint, minor hand 24 27 Loss of little finger at proximal joint, major hand 22 28 Loss of little finger at proximal joint, minor hand 16 29 Loss of little finger at second joint, major hand 20 30 Loss of little finger at second joint, minor hand 16 31 Loss of little finger at distal joint, major hand 16 32 Loss of little finger at distal joint, minor hand 13 33 Loss of one leg at the hip joint or so near thereto as to preclude the use of artificial limb 207 34 Loss of one leg at or above the knee, where the stump re- mains sufficient to permit the use of artificial limb. . 160 35 Loss of one leg at or above ankle and below knee joint. . 155 36 Loss of one foot, in tarsus 150 37 Loss of one foot, in metatarsus 110 38 Loss of great toe of one foot at proximal joint 40 39 Loss of great toe of one foot at distal joint 22 40 Loss of any other toe at proximal joint 14 41 Loss of any other toe at second joint 10 42 Loss of any other toe at distal joint 8 43 Complete loss of one eye 118 44 Complete loss of the sight of one eye 108 45 Complete deafness of both ears 168 46 Complete deafness of one ear, the other being normal 44 For permanent injuries other than those above specified, the said compensation shall be paid for such periods as are proportionate to the relation which the other injury bears to the injuries above specified, but no such period shall exceed four hundred weeks. Such other injuries shall include permanent injuries causing a loss 38 Workmen's Compensation of earning power. The total, permanent loss of the use of an arm, hand, thumb, finger, leg, foot, toe or phalange shall be con- sidered as the equivalent of the loss by separation, of the arm, hand, thumb, finger, leg, foot, toe or phalange and compensation shall be paid for the same period as for the loss thereof by separa- tion. For the permanent partial loss of the use of an arm, hand, thumb, finger, leg, foot, toe or phalange compensation shall be paid for the proportionate loss of the use of such arm, hand, thumb, finger, leg, foot, toe or phalange. If an employee be seriously mutilated or permanently disfigured about the face or head, the commission may allow such additional sum for the compensa- tion on account thereof, as it may deem just, based upon the handi- cap suffered by the injured employee in obtaining employment, but such sum shall not exceed $1,000.00. (b) In all claims for compensation for hernia resulting from injury arising out of and in the course of the employment, it must be definitely proved to the satisfaction of the commission: First, that there was an accident resulting in hernia; second, that the hernia appeared suddenly, accompanied by intense pain; third, that the hernia immediately followed the accident; fourth, that the hernia did not exist in any degree prior to the accident resulting in the injury for which compensation is claimed. (R. S. 1929, § 3315.) Sec. 3706. Permanent total disability conclusively presumed —basis for payment.—(a) For permanent total disability com- pensation shall be paid on the basis of 66 2/3 per cent of the average annual earnings during three hundred (300) weeks, and thereafter on the basis of 25 per cent of the average annual earnings, for life, but not less than six dollars nor more than twenty dollars a week. (b) When caused by the accident the loss of both eyes or the sight thereof, the loss of both hands or the use thereof, an injury resulting in practically total and permanent paralysis or an injury resulting in incurable imbecility or insanity, shall be conclusively presumed to be permanent total disabilities, and in all other cases permanent total disability shall be determined in accordance with the facts. (R. S. 1929, § 3316.) Sec. 3707. Consecutive injuries, compensation, how computed.— (a) All eases of permanent disability where there has been a previous disability shall be compensated as herein provided. Compensation shall be computed on the basis of the average annual earnings at the time of the last injury. If the condition resulting from the last injury is a permanent partial disability, there shall be deducted from the resulting condition the previous disability as it exists at the time of the last injury, and the compensation shall be paid for the difference. If the previous disability and the last injury together result in total and permanent disability, the em- ployer at the time of the last injury shall be liable only for the last injury considered alone and of itself; provided, that if the compen- sation for which the employer at the time of last injury is liable, as State of Missouri 39 herein provided, is less than the compensation provided in this act for permanent total disability then in addition to the compen- sation for which such employer is liable and after the completion of payment of such compensation by such employer, the employee shall be paid the remainder of the compensation that would be due for permanent total disability under Section 3706 (a) of this chapter out of a special fund known as the Second Injury Fund created for such purpose in the following manner: Every employer shall pay into the Second Injury Fund hereby created for every fatal injury by accident, on account of which death benefits would be payable under this act, but sustained by an employee having no dependents as defined by Section 3709 of this chapter a lump sum of $500, which shall be in addition to the amounts provided for burial and the expenses of the employee’s last illness. Every employer in every case of total, permanent loss of the use of, one eye, one foot, one leg, one arm, or one hand, in addition to the compensation as provided for in this act shall pay into the Second Injury Fund provided for herein, the sum of one hundred dollars for the total or permanent loss of the use of any such member; provided, however, that the payments herein fixed at one hundred dollars may on and after the date when payments in such amount become effective, be suspended or reduced as herein provided, but in no event shall such payments be increased to exceed one hundred dollars. Such payments shall be placed in a fund to be known as the Second Injury Fund, which fund is hereby appropriated by the Legislature, in accordance with law, exclusively for the payment of compensation as provided herein. The State Treasurer shall be the custodian of the Second Injury Fund and said fund shall be deposited the same as are state funds and any interest accruing thereon shall be added thereto. Said fund shall be subject to audit the same as state funds and accounts and shall be protected by the general bond given by the State Treasurer. The Missouri Workmen’s Compensation Commission shall direct the distribution of said Second Injury Fund in the manner and amounts provided for in this chapter for the payment of com- pensation. Each January 1st and July 1st, after the effective date of this Act, the Commission shall determine the expenditures to be made from the said Second Injury Fund for the ensuing six months. If, upon such determination made by the Commission there shall be found to be in excess of fifty thousand dollars or more in the said special fund over and above the expenditures to be made there- from during the ensuing six months, the Commission shall by order posted in its offices, suspend the payments as herein provided or reduce the amount payable to a sum sufficient to maintain such fifty thousand dollars excess, and such suspension of or change in payments shall be effective with respect to accidental injuries or deaths occurring on or after the date of such order, and for such period as the Commission shall determine. 40 Workmen's Compensation In event a payment on account of death is or has been made by an employer under the provisions of this section into the Second Injury Fund, and dependence in any degree as in this chapter pro- vided is later proved, the State Treasurer is hereby authorized and directed to refund such deposit upon certification of the Missouri Workmen’s Compensation of the establishment of such dependency. The Missouri Workmen’s Compensation Commission shall notify the Attorney General of all eases of the total, permanent loss of use of, one eye, one foot, one leg, one arm, or one hand and of all eases of fatal accident in which the employee shall leave sur- viving no person or persons conclusively presumed to be dependent as in this act provided, which are reported to the Commission, or which shall come to the knowledge of the Commission. Within the limitation period for the filing of claims as provided in this act, the Attorney General may file a claim before the Missouri Workmen’s Compensation Commission in the name of the State Treasurer as custodian of said Second Injury Fund, and against the employer, to recover the payment required by this section or for said pur- pose may enter the appearance of the State Treasurer in any pending claim within said time; provided, that if the Commission or any party to any claim pending before the Commission shall notify the Attorney General that a question of dependency is in- volved, and the Attorney General shall fail to enter the appearance of the State Treasurer therein within ten days after being so notified, any award thereafter entered in said claim, or order approving a settlement thereof, shall constitute a bar to any claim in behalf of said Second Injury Fund arising out of said death. In all cases in which a recovery against said Second Injury Fund is sought, the State Treasurer as custodian thereof shall be named as a party, and shall be entitled to defend against said claim. All awards affecting said Funds and deposits therein shall be sub- ject to the provisions of this chapter governing review and appeal. (b) If more than one injury in the same employment causes concurrent temporary disabilities, compensation shall be payable only for the longest and largest paying disability. (c) If more than one injury in the same employment causes concurrent and consecutive permanent partial disability, compen- sation payments for each subsequent disability shall not begin until the end of the compensation period of the prior disability. (d) All payments made into the Second Injury Fund shall, for rate making purposes, be considered the payment of com- pensation. (Amended, Laws of Missouri, 1943, Effective July 7, 1943.) Sec. 3708. Death—injuries resulting in—liability of em- ployer—exceptions.—The death of the injured employee shall not affect the liability of the employer to furnish compensation as in this chapter provided, so far as such liability has accrued and become payable at the time of the death, and any accrued and unpaid compensation due the employee shall be paid to his depend- ents without administration, or if there be no dependents, to his per- State of Missouri 41 sonal representative or other persons entitled thereto, but such death shall be deemed to be the termination of the disability. Where an employee is entitled to compensation under this chapter for an injury received and death ensues for any cause not resulting from the injury for which he was entitled to compensation, payments of the unpaid unaccrued balance for such injury shall cease and all liability therefor shall terminate unless there be surviving de- pendents at the time of such death. (R. S. 1929, § 3318.) Sec. 3709. Death, either with or without disability compen- sation, how distributed—dependents defined—re-marriage or death of widow—effect.—If the injury causes death, either with or without disability, the compensation therefor shall be as provided in this section. (a) In all eases the employer shall pay direct to the persons furnishing the same the reasonable expense of the burial of the deceased employee not exceeding one hundred and fifty dollars, and, if not covered by the provisions of section 3701, the reasonable expense of his last sickness not exceeding two hundred and fifty dollars. But no person shall be entitled to compensation for the burial expenses of a deceased employee unless he shall have fur- nished the same by authority of the widow or widower, the nearest relative of the deceased employee in the county of his death, his personal representative, or the employer, who shall have the right to give such authority in the order named. All fees and charges under this section shall be fair and reasonable, shall be subject to regulation by the commission and shall be limited to such as are fair and reasonable for similar service to persons of a like standard of living. The commission shall also have jurisdiction to hear and determine all disputes as to such charges. If the deceased employee leaves no dependents the death benefit in this subsection provided shall be the limit of the liability of the employer under this chapter on account of such death, except as provided in Sec- tion 3707 of this chapter. Provided, that in all cases when the employer admits or does not deny liability for such burial expense same shall be paid within 30 days after written notice that such service has been rendered shall have been delivered to such em- ployer. Such notice may be sent by registered mail, return receipt requested, or may be made by personal delivery. (b) The employer shall also pay to the total dependents of the employee a single total death benefit, the amount of which shall be determined in the following manner to-wit: There shall first be determined as a basis for computation 66 2-3 per cent of the employee’s average weekly earnings during the year immedi- ately preceding the injury as provided in section 3710 and such amount shall then be multiplied by three hundred and the amount so determined shall be the amount of such death benefit. The death benefit provided for shall be payable in installments in the same manner that compensation is required to be paid under this chapter, but in no case less than at the rate of six dollars per week 42 Workmen's Compensation nor more than twenty dollars per week. There shall, however, be deducted from such death benefit any compensation which may have been paid to the employee during his lifetime for the injury resulting in his death. If there be a total dependent or total dependents as the case may be, no death benefit shall be payable to partial dependents, or any other persons except as provided in paragraph (a) of this section. (c) If there be partial dependents, and no total dependents, a part of the death benefit herein provided in the case of total dependents, determined by the proportion of his contributions to all partial dependents by the employee at the time of the injury, shall be paid by the employer to each of such dependents pro- portionately. (d) The word “dependent” as used in this chapter shall be construed to mean a relative by blood or marriage of a deceased employee, who is actually dependent for support, in whole or in part, upon his wages at the time of the injury. The following persons shall be conclusively presumed to be totally dependent for support upon a deceased employee and any death benefit shall be be payable to them, to the exclusion of other total dependents: 1. A wife upon a husband legally liable for her support, and a husband mentally or physically incapacitated from wage earning upon a wife. Provided, that on the death or remarriage of a widow, the death benefit shall cease unless there be other total dependents entitled to any unpaid remainder of such death benefit under this chapter. 2. A natural, posthumous, or adopted child or children, whether legitimate or illegitimate, under the age of eighteen years, or over that age if physically or mentally incapacitated from wage earning, upon the parent legally liable for such support or with whom he is living at the time of the death of such parent. In case there is a wife or a husband mentally or physically incapacitated from wage earning, dependent upon a wife, and a child or more than one child thus dependent, the death benefit shall be divided among them in such proportion as may be determined by the com- mission after considering their ages and other facts bearing on such dependency. In all other cases questions of total or partial de- pendency shall be determined in accordance with the facts at the time of the injury, and in such other cases, if there is more than one person wholly dependent the death benefit shall be divided equally among them. 3. The commission, any member thereof or a referee may, in its or his discretion, order or award the share of compensation of any such child or children to be paid to the parent, grandparent, or other adult next of kin or legal guardian of such child or children for the latter’s support, maintenance and education, which order or award upon notice to the parties may be modified from time to time by the commission in its discretion with respect to the person to whom shall be paid the amount of said order or award remain- ing unpaid at the time of said modification. State of Missouri 43 4. The payments of compensation by the employer in accord- ance with the order or award of the commission shall discharge such employer from all further obligation as to such compensa- tion. (e) All death benefits provided for in this chapter shall be paid in installments in the same manner as provided for disability compensation. (f) Every employer shall keep a record of the correct names and addresses of the dependents of each of his employees, and upon the death of an employee by accident arising out of and in the course of his employment, shall so far as possible immediately furnish the commission with said names and addresses. (Amended, Laws of Missouri, 1943, Effective November 21, 1943.) Sec. 3710. Compensation computed—minors entitled to fifty per cent additional, when.—The basis for computing the compensation provided for in this chapter shall be as follows: (a) The compensation shall be computed on the basis of the annual earnings which the injured person received as salary, wages, or earnings if in the employment of the same employer continuously during the year next preceding the injury. (b) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident uninter- rupted by absence from work due to illness or any other unavoid- able cause. (c) If the injured person has not been engaged in the em- ployment of the same employer for the full year immediately preceding the accident, the compensation shall be computed according to the annual earnings which persons of the same class in the same employment and same location (or if that be imprac- ticable, of neighboring employments of the same kind) have earned during such period. (d) As to employees in employments in which it is the custom to operate throughout the working days of the year, the annual earnings, if not otherwise determinable, shall be regarded as 300 times the average daily earnings in such computation. (e) As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, such number, if the annual earnings are not otherwise de- terminable, shall be used instead of 300 as a basis for computing the annual earnings: Provided, the minimum number of days which shall be so used for the basis of the year’s work shall be not less than 200. (f) In the case of injured employees who earn either no wage or less than the earnings of adult day laborers in the line of em- ployment in that locality, the yearly wage shall be reckoned according to the average annual earnings of adults of the same class in the same (or if that is impracticable, then of neighboring) employments. 44 Workmen's Compensation (g) In computing the annual earnings there shall be included the reasonable value of board, rent, housing, lodging and fuel received from the employer as a part of the remuneration of the employee and which can be estimated in money, and the value of gratuities customarily received by consent of the employer, in the usual course of business from persons other than the employer, but there shall not be included the wages of helpers or any sums which the employer paid to the employee to cover any special ex- penses entailed on him by the nature of the employment. (h) In computing the compensation to be paid to any em- ployee, who, before the accident for which he claims compensation, was disabled and drawing compensation under the terms of this chapter, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and dis- ability caused by the respective injuries which he may have suffered. (i) To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant hereto, and such amount divided by the number of installment periods per annum. (j) In computing the compensation to be paid to any minor, the increased earning power of such minor until he attains the age of twenty-one years shall be taken into consideration and in all cases in which it is found by the commission that the employer knowingly employed a minor in violation of the child labor law of this state, fifty per cent additional compensation shall be al- lowed. (R. S. 1929, § 3320.) Sec. 3711. Compensation to have priority—not assignable, except when.—The compensation payable under this chapter, whether or not it has been awarded or is due, shall not be assignable, shall be exempt from attachment, garnishment, and execution, shall not be subject to set-off or counter-claim, or be in any way liable for any debt and in case of the insolvency of an employer or his insurer, or the levy of an attachment or an execution against an employer or insurer shall be entitled to the same preference and priority as claims for wages, without limit as to time or amount, save that if written notice is given to the commission of the nature and extent thereof, the commission may allow as lien on the compensation, reasonable attorney’s fees for services in connection with the proceedings for compensation if such services are found to be necessary and may order the amount thereof paid to the attorney in a lump sum or in installments. All attorney’s fees for services in connection with this chapter shall be subject to regulation by the commission and shall be limited to such charges as are fair and reasonable and the commission shall have jurisdic- tion to hear and determine all disputes concerning the same. (R. S. 1929, § 3321.) Sec. 3712. Benefits from other sources no bar for compensa- tion.—No savings or insurance of the injured employee, nor any benefit derived from any other source than the employer or the State of Missouri 45 employer’s insurer for liability under this chapter, shall be con- sidered in determining the compensation due hereunder. (R. S. 1929, § 3322.) Sec. 3713. Employer must carry insurance—failure, com- pensation commuted—exception.—Every employer electing to accept the provisions of this chapter, shall insure his entire liability thereunder except as hereafter provided, with some insurance carrier authorized to insure such liability in this state, except that an employer may himself carry the whole or any part of such liability without insurance upon satisfying the commission of his ability so to do. If the employer fails to comply with this section, an injured employee or his dependents may elect after the injury to recover from the employer as though he had rejected this chapter, or to recover under this chapter with the compensation payments commuted and immediately payable. If the employer be carrying his own insurance, on the application of any person entitled to compensation and one proof of default in the payment of any installment, the commission shall require the employer to furnish security for the payment of the compensation, and if not given, all other compensation shall be commuted and become immediately payable: Provided, that employers engaged in the mining business shall be required to insure only their liability hereunder to the extent of the equivalent of the maximum liability under this chapter for ten deaths in any one accident, but such employer may carry his own risk for any excess liability. (R. S. 1929, § 3323.) Sec. 3714. Employee not to pay cost of insurance.—No part of the cost of such insurance shall be assessed against, collected from or paid by any employee. (R. S. 1929, § 3324.) Sec. 3715. Employer’s liability primary or secondary— notice and service when sufficient.—If the employer be not insured his liability hereunder shall be primary and direct. If he is insured his liability shall be secondary and indirect, and his insurer shall be primarily and directly liable hereunder to the injured employee, his dependents or other persons entitled to rights hereunder. On the request of the commission and at every hearing the em- ployer shall produce and furnish it with a copy of his policy of insurance, and on demand the employer shall furnish the injured employee, or his dependents, with the correct name and address of his insurer, and his failure to do so shall be prima facie evidence of his failure to insure, but such presumption shall be conclusively rebutted by an entry of appearance of his insurer. Both the employer and his insurer shall be parties to all agreements or awards of compensation, but the same shall not be enforceable against the employer, except on motion and proof of default by the insurer. Service on the employer shall be sufficient to give the commission jurisdiction over the person of both the employer and his insurer, and the appearance of the employer in any proceeding shall also constitute appearance of his insurer, provided that after 46 Workmen's Compensation appearance by an insurer, such insurer shall be entitled to notice of all proceedings hereunder. (R. S. 1929, § 3325.) Sec. 3716. Policies must conform to law and approval of insurance department—default of employer, insurer liable.—Every policy of insurance against liability under this chapter shall be in accordance with the provisions of this chapter and shall be in a form approved by the superintendent of the insurance department. Such policy shall contain an agreement that the insurer accepts all of the provisions of this chapter, that the same may be enforced by any person entitled to any rights under this chapter as well as by the employer, that the insurer shall be a party to all agree- ments or proceedings under this chapter, and his appearance may be entered therein and jurisdiction over his person may be obtained as in this chapter provided, and such covenants shall be enforceable notwithstanding any default of the employer. (R. S. 1929, § 3326.) Sec. 3717. Schedule of rates and classification of risks to be filed—duty of superintendent of insurance.—All charges for in- surance against liability under this chapter and against the liability of employers rejecting this chapter, shall be fair, reasonable and adequate with due allowances for merit rating. Every insurance carrier or group of carriers authorized to insure against liability under this chapter, shall within thirty days after this section becomes effective, file with the superintendent of the insurance department its classification of risks and premium rates relating thereto with its system of schedule rating (or merit rating so-called), if any. The superintendent then shall hold a hearing to determine upon a uniform classification of risks and premium rates relating thereto, and in his discretion a uniform system of schedule rating (or merit rating so-called). Within sixty days after this section becomes effective the superintendent shall approve or issue as fair, reasonable and adequate for all insurance carriers or groups of carriers, authorized by law to transact liability or compensation insurance business in this state, a uniform classification of risks and premium rates relating thereto, and may in his discretion approve or issue a system of schedule rating (or merit rating so-called) which shall be a uniform system of schedule rating (or merit rating so-called) for all such insurance carriers. The superintendent may subsequently approve or issue a uniform system of schedule rating (or merit rating so-called) for all insurance carriers, or may modify or change any such system previously approved or issued after holding a hearing to determine its effect upon the fairness, reason- ableness, adequacy or unfairness, unreasonableness or inadequacy of rates and may approve or issue additional uniform rates and classifications or uniform changes in rates or classifications after holding a hearing to determine upon the fairness, reasonableness, adequacy or unfairness, unreasonableness or inadequacy of such additions or changes. No insurance carrier or group of carriers shall issue, renew or carry insurance for employers or employees as provided in this section at premium rates which are less than State of Missouri 47 the rates approved or issued by the superintendent for all insurance carriers or groups of carriers as fair, reasonable and adequate for the risk to which they respectively apply; provided, however, that if the superintendent shall have previously approved or issued a uniform system of schedule rating (or merit rating so-called) insurance carriers may apply the same to any risks subject thereto, but basic rates no less than the rates previously approved or issued by the superintendent, and any additions thereto or reduc- tions therefrom on account of the application of such system of schedule rating (or merit rating so-called) shall be clearly set forth in the insurance contracts of endorsements attached thereto; and provided, however, that nothing contained in this section shall affect the right of any insurance carrier or carriers to issue par- ticipating policies or to pay savings or dividends actually earned or saved; and provided further, that the provisions of this section as to rates and classifications shall not apply to employers who provide among themselves insurance or indemnity against liability under this chapter, on the reciprocal, inter-insurance or mutual plan, except that the classification shall be approved by the super- intendent of insurance and that the rates for such insurance or indemnity shall not be less than the rates approved by the super- intendent of insurance as sufficient to provide for the payment of the compensation provided by this chapter. (R. S. 1929, § 3327.) Sec. 3718. Insurance companies must keep reserve.— No insurance carrier shall write any insurance against liability hereunder unless it maintains such reserves as are required by law, or in the absence thereof such reserves as may be required by the superintendent of the insurance department, the power to require and regulate which is hereby vested in said superintendent. (R. S. 1929, § 3328.) Sec. 3719. Insurance companies to make report.—Every insurance carrier writing insurance for liability hereunder, or the liability of employers rejecting this chapter, shall report to the superintendent of the insurance department, in accordance with such rules as he may adopt, such information as he may at any time require for the purpose of determining the solvency of carrier or the fairness, reasonableness and adequacy of its rates, and for such purposes the superintendent may inspect the books and records of such carriers and examine its officers, agents and servants under oath. (R. S. 1929, § 3329.) Sec. 3720. Superintendent of insurance may suspend or revoke permits and ask for a receiver.—For any violation of the provisions of this chapter the superintendent of the insurance department may suspend or revoke the authority of any insurance carrier to do business in this state. If any insurance carrier fails or delays to pay any compensation finally determined to be due, the superintendent shall hear the complaint, and if such failure is without reasonable excuse he may revoke or suspend the authority 48 Workmen's Compensation of such carrier to do business in this state, and in a proper case may apply for the appointment of a receiver for such carrier. (R. S. 1929, § 3330.) Sec. 3721. Compensation in lieu of insurance—how pro- vided.—Any employer or group of employers may enter into or continue any agreement with his or their employees to provide a system of compensation benefits or insurance in lieu of the com- pensation and insurance provided by this chapter. Such sub- stitute system and insurance shall be subject to the approval of the superintendent of the insurance department and shall not be approved by him unless they confer benefits upon injured em- ployees or their dependents at least equivalent to the benefits provided by this chapter, nor if they require contributions from employees, unless they confer benefits in addition to those provided under this chapter at least commensurate with such contribution. Appeals shall lie to the commission from any decision, award or order made by or under such substitute system. Such substitute system and insurance may be terminated by the superintendent of the insurance department on reasonable notice and hearing to the interested parties, if it shall appear that the same is not fairly administered, or if its operation shall disclose latent defects threat- ening its solvency or if for any other substantial reason it fails to accomplish the purposes of this chapter; and in this case the superintendent of the insurance department shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party in interest to have such action reviewed by a court of competent jurisdiction. (R. S. 1929, § 3331.) Sec. 3722. Employer to make reports to commission— failure—penalty.—Every employer in this state, whether he has accepted or rejected the provisions of this chapter, shall within ten days after knowledge of an accident resulting in personal injury to an employee, notify the commission thereof, and shall, within one month, file with the commission under such rules and regula- tions and in such form and detail as the commission may require, a full and complete report of every injury or death to any employee for which the employer would be liable to furnish medical aid or compensation hereunder had he accepted this chapter, and every such employer shall also furnish the commission with such sup- plemental reports in regard thereto as the commission shall require. Every such employer and his insurer, and every injured employee, his dependents and every person entitled to any rights hereunder, and every other person, receiving from the commission any blank reports with direction to fill out the same shall cause the same to be promptly returned to the commission properly filled out and signed so as to answer fully and correctly to the best of his knowl- edge each question propounded therein and a good and sufficient reason shall be given for failure to answer any question. No information obtained under the provisions of this section shall be disclosed to persons other than the parties to compensation proceedings and their attorneys, save by order of the commission, State of Missouri 49 or at a hearing of compensation proceeding, but such information may be used by the commission for statistical purposes. Every person who violates any of the provisions of this section, or who knowingly makes a false report or statement in writing to the commission, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than one week nor more than one year, or by both such fine and imprisonment. (R. S. 1929, § 3332.) Sec. 3723. Compromise settlements — how made — when valid.—Nothing in this chapter shall be construed as preventing the parties to claims hereunder from entering into voluntary agreements in settlement thereof, but no agreement by an employee or his dependents to waive his rights under this chapter shall be valid, nor shall any agreement of settlement or compromise of any dispute or claim for compensation under this chapter be valid until approved by the commission, nor shall the commission ap- prove any settlement which is not in accordance with the rights of the parties as given in this chapter. No such agreement shall be valid unless made after seven days from the date of the injury or death. (R. S. 1929, § 3333.) Sec. 3724. Accident—duty of commission upon receipt of notice.—Upon receipt of notice of any accident the commission shall forward to the employer and to the employee or his dependents a form of agreement to pay and accept compensation, providing for payment of compensation in accordance with the provisions of this chapter, which agreement shall be promptly executed by both parties and returned to the commission, and if in any case the employer disputes the claim for compensation and for that reason refuses to execute the agreement to pay compensation, the commission shall assist the person who claims to be entitled thereto, in filing his claim and securing an early adjudication thereof; and where such agreements to pay aUd receive compensation are executed and filed it shall be the duty of the commission, in ease payments thereunder are not promptly made, to provide prompt measures for the payment of such compensation and for hearing disputes with reference thereto. If the parties agree, they shall file with the commission a report of the facts and their agreement, and if the agreement is approved by the commission it shall make an award of compensation thereon in accordance therewith. (R. S. 1929, § 3334.) Sec. 3725. Misdemeanor for discriminating—who guilty.— Every employer, his director, officer or agent, who discharges or in any way discriminates against an employee for exercising any of his rights under this chapter, shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by im- prisonment in the county jail for not less than one week nor more than one year, or by both such fine and imprisonment. (R. S. 1929, § 3335.) 50 Workmen’s Compensation Sec. 3726. Injured party must notify employer within thirty days—exception.—No proceedings for compensation under this chapter shall be maintained unless written notice of the time, place and nature of the injury, and the name and address of the person injured, shall have been given to the employer as soon as practicable after the happening thereof but not later than thirty days after the accident, unless the commission shall find that there was good cause for failure to give such notice, or that the employer was not prejudiced by failure to receive such notice. No defect or inaccuracy in such notice shall invalidate the same unless the commission shall find that the employer was in fact misled and prejudiced thereby. (R. S. 1929, § 3336.) Sec. 3727. Limitation as to action.—No proceedings for compensation under this chapter shall be maintained unless a claim therefor be filed with the commission within one year after the injury or death, or in case payments have been made on account of the injury or death, within one year from the date of the last payment. In all other respects such limitations shall be governed by the law of civil actions other than for the recovery of real property, but the appointment of a guardian shall be deemed the termination of legal disability from minority or insanity. (a) Where recovery is denied to any person in a suit brought at law or in admiralty to recover damages in respect of bodily injury or death on the ground that such person was an employee and the defendant was an employer subject to and within the meaning of this Chapter, or when recovery is denied to any person in an action brought under the provisions of a workmen’s com- pensation act of any other state or jurisdiction on the ground that such person was an employee under and subject to the provisions of this Chapter, the limitation of time prescribed in Section 3727 shall begin to run only from the date of termination or abandon- ment of such suit or compensation proceeding, when such suit or compensation proceedings is filed within six months after the injury or death complained of. (R. S. 1929, § 3337. Amended, Laws 1941, p. 718.) Sec. 3728. Settlement—failure to agree, commission to hold hearings.—If the employer and the injured employee or his de- pendents fail to reach an agreement in regard to compensation under this chapter, or if they have reached such an agreement which has been signed and filed with the commission and compensation has been paid or is due in accordance therewith, and the parties thereto then disagree as to the continuance of any weekly payment under such agreement, either party may make an application to the commission for a hearing in regard to the matters at issue and for a ruling thereon. Immediately after such application has been received the commission shall set the date for a hearing, which shall be held as soon as practicable, and shall notify the parties at issue of the time and place of such hearing. (R. S. 1929, § 3338.) State of Missouri 51 Sec. 3729. Commission’s hearings—findings sent by regis- tered mail.—The commission or any of its members shall hear in a summary proceeding the parties at issue and their representatives and witnesses and shall determine the dispute. All evidence in- troduced at any such hearings shall be reported by a competent stenographer appointed by the commission. The award, together with a statement of the findings of fact, rulings of law and any other matters pertinent to the question at issue, shall be filed with the record of proceedings, and a copy of the award shall immedi- ately be sent by registered United States mail to the parties in dispute and the employer’s insurer. (R. S. 1929, § 3339.) Sec. 3730. Commission may review and change award.— Upon its own motion or upon the application of any party in interest on the ground of a change in condition, the commission may at any time upon a rehearing after due notice to the parties interested review any award and on such review may make an award ending, diminishing or increasing the compensation pre- viously awarded, subject to the maximum or minimum provided in this chapter, and shall immediately send to the parties and the employer’s insurer a copy of the award. No such review shall affect such award as regards any moneys paid. (R. S. 1929, § 3340.) Sec. 3731. Application for review—commission shall act.— If an application for review is made to the commission within ten days from the date of the award, the full commission, if the first hearing was not held before the full commission, shall review the evidence, or. if deemed advisable, as soon as practicable hear the parties at issue, their representatives and witnesses and shall make an award and file same in like manner as specified in the foregoing section. (R. S. 1929, § 3341.) Sec. 3732. Final award conclusive unless an appeal is taken—grounds for setting aside.—The final award the of com- mission shall be conclusive and binding unless either party to the dispute shall within thirty days from the date of the final award appeal to the circuit court of the county in which the accident occurred, or if the accident occurred outside of this state, then in the county where the contract of employment was made. Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall under its cer- tificate return to the court all documents and papers on file in the matter, together with a transcript of the evidence, the findings and award, which shall thereupon become the record of the cause. Upon appeal no additional evidence shall be heard and in the absence of fraud, the findings of fact made by the commission within its powers shall be conclusive and binding. The court, on appeal, shall review only questions of law and may modify, reverse, remand for rehearing, or set aside the award upon any of the following grounds and no other: 1. Thpd the commission acted without or in excess of its powers. 52 Workmen's Compensation 2. That the award was procured by fraud. 3. That the facts found by the commission do not support the award. 4. That there was not sufficient competent evidence in the record to warrant the making of the award. Appeal from the circuit court shall be allowed the same as in civil actions and all appeals to the circuit and appellate courts shall have precedence over all other cases except election contests. In all appeals from the commission or circuit court the costs thereof shall be assessed against the losing party as provided by law in civil eases. (R. S. 1929, § 3342.) Sec. 3733. Circuit court may act upon memorandum- procedure.—Any party in interest may file in the circuit court of the county in which the accident occurred, a certified copy of a memorandum of agreement approved by the commission or of an order or decision of the commission, or of an award of the com- mission unappealed from, whereupon said court shall render judg- ment in accordance therewith and notify the parties. Such judg- ment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though said judgment were a final judgment which had been rendered in a suit duly heard and determined by said court. Any such judgment of said circuit court unappealed from or affirmed on appeal or modified in obedi- ence to the mandate of the appellate court, whenever modified on account of a changed condition under section 3730, shall be modi- fied to conform to any decision of the commission, ending, diminish- ing or increasing any weekly payment under the provisions of section 3730 of this chapter upon the presentation to it of a certified copy of such decision. (R. S. 1929, § 3343.) Sec. 3734. Temporary or partial awards may be made.— In any case a temporary or partial award of compensation may be made, and the same may be modified from time to time to meet the needs of the ease, and the same may be kept open until a final award can be made, and if the same be not complied with, the amount thereof may be doubled in the final award, if the final award shall be in accordance with the temporary or partial award. (R. S. 1929, § 3344.) Sec. 3735. Notice—manner of serving.—Any notice required under this chapter shall be deemed to have been properly given and served when sent by registered mail properly stamped and addressed to the person to whom given, at his last known address, in time to reach him in due time to act thereon. Notice may also be given and served in like manner as summons in civil actions. (R. S. 1929, § 3345.) Sec. 3736. Commission may commute compensation, when— how.—The compensation herein provided may be commuted by said commission and redeemed by the payment in whole or in part, by the employer, of a lump sum which shall be fixed by the commission, which sum shall be equal to the commutable value State of Missouri 53 of the future installments which may be due under this chapter, taking account of life contingencies, such payment to be com- muted at its present value upon the basis of interest calculated at four per centum with annual rests, upon application of either party, with due notice to the other, if it appears that such commuta- tion will be for the best interest of the employee or the dependents of the deceased employee, or that it will avoid undue expense or undue hardship to either party, or that such employee or dependent has removed or is about to remove from the United States, or that the employer has sold or otherwise disposed of the greater part of his business or assets. In determining whether the commutation asked for will be for the best interest of the employee or the de- pendents of the deceased employee, or so that it will avoid undue expense or undue hardship to either party, the commission will constantly bear in mind that it is the intention of this chapter that the compensation payments are in lieu of wages and are to be re- ceived by the injured employee or his dependents in the same man- ner in which wages are ordinarily paid. Therefore, commutation is a departure from the normal method of payment and is to be allowed only when it clearly appears that some unusual circum- stances warrant such a departure. (R. S. 1929, § 3346.) Sec. 3737. Compensation commuted—funds, how paid out.— On notice to the other parties the commission or court may permit the employer to be discharged from further liability under any agreement, award or judgment for compensation, by furnishing to the person entitled thereto an annuity or other obligation, approved by the commission or court, by which payment is as- sumed by some responsible person, or by depositing the corn- mutable value thereof with the commission to be disbursed to the persons entitled thereto in such manner as the commission shall determine. (R. S. 1929, § 3347.) Sec. 3738. Person receiving compensation must submit to physical examination from time to time.—(a) After an employee has received an injury he shall from time to time thereafter during disability submit to reasonable medical examination at the request of the employer, his insurer, the commission or any of its com- missioners, the time and place of which shall be fixed with due regard to the convenience of the employee and his physical con- dition and ability to attend. The employee may have his own physician present, and if the employee refuses to submit to such examination, or in any way obstructs the same, his right to com- pensation shall be forfeited during such period, unless in the opinion of the commission the circumstances justify the refusal or obstruction. (b) The commission or any of its commissioners may ap- point a duly qualified impartial physician to examine the injured employee and to report, his fees and traveling expense for which shall be fixed and allowed by the commission and paid as other costs under this chapter. If all the parties shall have had reason- 54 Workmen’s Compensation able access thereto, the report of such physician shall be admissible in evidence. (c) The testimony of any physician who examined the em- ployee shall be admissible in evidence in any proceedings for com- pensation under this chapter. (d) Certified copies of the proceedings before any coroner holding an inquest over the body of any employee receiving an injury in the course of his employment resulting in death, shall be admissible in evidence in any proceedings for compensation under this chapter, and it shall be the duty of the coroner to give notice of such inquest to the employer and the dependents of the de- ceased employee, who shall have the right to cross-examine the witness. (e) The commission may in its discretion in extraordinary cases order a post mortem examination and for that purpose may also order a body exhumed. (R. S. 1929, § 3348.) Sec. 3739. Proceedings before commission to be informal and summary.—All proceedings before the commission or any commissioner shall be simple, informal and summary, and without regard to the technical rules of evidence, and no defect or irregu- larity therein shall invalidate the same. Except as herein other- wise provided, all such proceedings shall be according to such rules and regulations as may be adopted by the commission. (R. S. 1929, § 3349.) Sec. 3740. Commission shall have power to administer oaths, issue process, take depositions, etc.—costs, how paid.— The commission, or any commissioner, shall have power to issue process, subpoena witnesses, administer oaths, examine books and papers, and require the production thereof, and to cause the deposi- tion of any witness to be taken and the costs thereof paid as other costs under this chapter. Any party shall be entitled to process to compel the attendance of witnesses and the production of books and papers, and at his own cost to take and use deposi- tions in like manner as in civil cases in the circuit court. Sub- poena shall extend to all parts of the state, and may be served as in civil actions in the circuit court, but the costs of such service shall be as in other civil actions. Each witness shall receive the fees and mileage prescribed by law in civil cases, but the same shall not be allowed as costs to the party in whose behalf the witness was summoned unless the persons before whom the hear- ing is had shall certify that the testimony of such witness was necessary. All costs under this chapter shall be approved by the commission and paid out of the state treasury from the fund for the support of the Missouri workmen’s compensation com- mission: Provided, however, that if the commission shall deter- mine that any proceedings before it or any of its members, have been brought, prosecuted or defended without reasonable ground, it may assess the whole cost of the proceedings upon the party who so brought, prosecuted or defended them. The commis- sion may permit a claimant to prosecute a claim as a poor person as provided by law in civil oases. (R. S. 1929, § 3350.) State of Missouri 55 Sec. 3741. Contempt—penalty.—If any person subpoenaed to appear at any hearing or proceeding, fails to obey the command of such subpoena without reasonable cause, or if any person in attendance at any hearing or proceeding shall without reasonable cause, refuse to be sworn, or to be examined, or to answer a ques- tion, or to produce a book or paper or to subscribe or swear to his deposition, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and may be prosecuted therefor in any court of competent jurisdic- tion, and in case of a continuing violation, each day’s continuance thereof shall be, and deemed to be, a separate and distinct offense. (R. S. 1929, § 3351.) Sec. 3742. Death, pending proceedings, action shall not abate.—If any party shall die pending any proceedings under this chapter, the same shall not abate, but on notice to the parties may be revived and proceed in favor of the successor to the rights or against the personal representative of the party liable, in like manner as in civil actions. (R. S. 1929, § 3352.) Sec. 3743. Conspiring to defraud—misdemeanor.—Any per- son who shall make, or conspire with, aid, or abet another to make, any false or fraudulent claim to compensation or other benefits under this chapter, and any person who shall by fraud, deceit or misrepresentation, receive, make or cause to be made, or conspire with, aid or abet another to receive, make or cause to be made, any payment of compensation under this chapter to which the recipient is not lawfully entitled, and any person who shall by fraud, deceit or misrepresentation and with intent to defraud cause or procure, or conspire with, aid or abet another in causing or procuring any person entitled to any benefits under this chapter to fail to make claim therefor or to accept in payment thereof less than is due under this chapter, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than one week nor more than one year, or by both such fine and imprisonment. (R. S. 1929, § 3353.) Sec. 3744. Workmen’s compensation commission created— term of office—qualifications—salary—removal from office.— There is hereby created the Missouri workmen’s compensation commission consisting of three members, one of whom shall be learned in the law, to be appointed by the governor, by and with the advice and consent of the senate, and the commission shall organize by electing one of their members as chairman. The term of office of each commissioner shall be six years, except that when first constituted one member of the commission shall be appointed for two years, one for four years and one for six years, and thereafter all vacancies shall be filled as they occur. The 56 Workmen's Compensation terms of office of the first commissioners shall begin on the date of their appointment, which shall be immediately after the ad- journment of the general assembly. At least one member of the commission shall be appointed from each of the two dominant political parties, and at least one member of said commission shall be a person who on account of his previous vocation, employment or affiliation, shall be classified as a representative of employers, and at least one member of said commission shall be a person who, on account of his previous vocation, employment or affiliation, shall be classified as a representative of employees. Such com- missioners may be removed in like manner as is provided by law for members of the public service commission. Vacancies shall be filled by the governor for the unexpired term, and during any vacancy the remaining members shall exercise all of the powers of the commission. The annual salary of each commissioner shall be four thousand five hundred dollars. (R. S. 1929, § 3354.) Sec. 3745. Oath of office—activity in politics barred—bond required.—Each commissioner and each person appointed to office or employment by the commission shall, before entering upon his duties, take and subscribe to an oath or affirmation to support the Constitution of the United States, and of this state, and to faithfully and honestly discharge the duties of such office or employment. Each commissioner and each person appointed to office by the commission shall give his whole time to his duties, nor shall he serve on any committee of any political party. Each commissioner shall before entering upon his duties give a bond to the state of Missouri in the sum of fifty thousand dollars con- ditioned that he will faithfully perform the duties of his office, and if a surety company bond be given, the premium therefor shall be paid by the state as other expenses under this chapter. (R. S. 1929, § 3355.) Sec. 3746. Commission must keep a seal—may sue and be sued.—The commission may sue and be sued in its official name and shall have a seal bearing the inscription “Missouri work- men’s compensation commission.” The seal shall be affixed to all writs and authentication of copies of records, papers on file, and to such other instruments as the commission shall direct, and all courts shall take judicial notice of such seal. Copies of the records and proceedings of the commission, and of all papers on file in its office, certified under the said seal, shall be evidence in all courts of the state. (R. S. 1929, § 3356.) Sec. 3747, Commission authorized to appoint a secretary, referees—salaries to be paid—power of referees.—The com- mission shall appoint a secretary; and also appoint such number of referees as it may find necessary, but not exceeding six in number, who shall be duly licensed lawyers under the laws of this state. The salary of such secretary shall be 13600.00 per annum. The secretary shall hold office at the pleasure of the com- mission but any referee shall be discharged or removed only by the governor. The secretary shall perform such administrative duties State of Missouri 57 as may be prescribed by the commission. The referees appointed by the commission shall only have jurisdiction to hear and deter- mine claims upon original hearing and shall have no jurisdiction whatsoever upon any review hearing either in the way of an appeal from an original hearing or by way of re-opening any prior award. With respect to original hearings the referees shall have such juris- diction as heretofore has devolved upon the commission, or one of its members, under other sections of this chapter, and wherever in this chapter the word commission or commissioners is used in respect to any original hearing, those terms shall include the referees appointed under this section. When a hearing is necessary upon any claim the commission shall assign a referee to such hearing. Any referee shall have power to approve contracts of settlement between the parties to any claim under this chapter, to the same extent as elsewhere provided for the commission or one of its members. Any award by a referee upon an original hearing shall have the same force and effect, be subject to the same review and appellate procedure, and enforceable in the same manner as pro- vided elsewhere in this chapter for similar awards by the commis- sion or any member thereof. The commission may appoint or employ such other persons as may be necessary to the proper ad- ministration of this chapter at salaries to be fixed by the commis- sion and approved by the governor: Provided, however, that such salaries shall in no case exceed $150.00 per month to any ste- nographer, $125.00 per month to any clerical employee, or $300.00 per month to any other employee, assistant or referee. (Amended, Laws of Missouri, 1943, Effective November 21, 1943.) Sec. 3748. Attorney-general, legal adviser.—It shall be the duty of the attorney-general to furnish the commission with such legal services as it may require, and to appear on its behalf in all actions or proceedings to which it may be a party. (R. S. 1929, § 3358.) Sec. 3749. Commission to furnish blanks, etc.—The com- mission shall prepare and furnish free of charge blank forms of all notices, claims, reports, proofs, and other blank forms and literature which it may deem proper and requisite to the efficient administration of this chapter. It may also authorize the pub- lication and distribution of such blanks by employers and other persons. (R. S. 1929, § 3359.) Sec. 3750. Offices to be provided at state capitol, St. Louis and Kansas City—salary and traveling expenses, when paid— hearings—where held.—The commission shall be provided with offices at the state capitol, in St. Louis and Kansas City, in which offices its records shall be kept, but its permanent records shall be kept in Jefferson City. The commission shall also be provided with the necessary office furniture, books, stationery and other supplies. Paper and stationery shall be furnished and printing done for the commission as provided by chapter 117, R. S. 1939. The commission and each of their appointees and employees shall have reimbursed to them their actual traveling expenses and 58 Workmen's Compensation disbursements in the discharge of their duties while away from their regular offices and places of residence, but the same shall not be paid until verified by the affidavit of the person who incurred them and approved by the commission. All salaries, expenses and costs under this chapter shall be paid monthly out of the state treasury from the fund for the support of the Missouri work- men’s compensation commission. (a) Unless the parties otherwise agree, all original hearings shall be held in the county or city where the accident occurred, at such place or places therein as may be determined by the com- mission, or if the accident occurred outside of the state, then the hearing shall be held in the county where the contract of em- ployment was made. (b) Hearings before the full commission on review may be held at such place or places as the commission may determine, having due regard for the convenience of the parties. (R. S. 1929, § 3360.) Sec. 3751. Commission to make rules and regulations.— The commission and its members shall have such powers as may be necessary to carry out all the provisions of this chapter, and it may make such rules and regulations as may be necessary for any such purpose. The commission shall have the power at the ex- piration of ten years of their receipt to destroy by burning reports of accidents on which no compensation (exclusive of medical costs) was due or paid or on which no claim was filed, together with the papers attendant to the filing of such reports. (R. S. 1929, § 3361. Reenacted, Laws 1939, p. 930.) Sec. 3752. Fees collected by commission to be turned into state treasury.—The commission shall charge and collect the following fees, to be paid at least once each month into the state treasury to the credit of the fund for the support of the Missouri workmen’s compensation commission: For copies of papers and records not required to be certified or otherwise authenticated by the commission, ten cents for each one hundred words and figures; for certified copies of official documents, awards or other records, fifteen cents for each one hundred words and figures, and one dollar for every certificate under seal affixed thereto; for each cer- tified copy of annual report of the commission, one dollar and fifty cents; for copies of evidence and proceedings, fifteen cents for each one hundred words and figures; also all other fees and charges allowed or required to be collected under this chapter or any other law. The commission shall also fix and collect from the employer the reasonable expense of any investigation necessary to determine his ability to carry his own insurance. No fees shall be charged or collected for copies of papers, records, or offiical documents furnished to public officers for use in their official capacity, or for annual reports or other matters, published by the commission, in the ordinary course of distribution, but the com- mission may fix reasonable charges for publications issued under its authority. (R. S. 1929, § 3362.) State of Missouri 59 Sec. 3753. Public officers—no fees for services.—Every public officer, without exacting a fee or charge therefor, shall furnish the commission on application, with a certified copy of any document, or part thereof, on file in his office, and no public officer shall be entitled to receive from the commission any fee for enter- ing, filing, docketing or recording any document required or author- ized by law to be filed in his office. (R. S. 1929, § 3363.) Sec. 3754. Commission to make annual report to governor— same to be laid before legislature.—The commission shall make and submit to the governor, on or before the second Monday in January, in each year, a report containing a full and complete account of its transactions and proceedings for the preceding year, together with all statistics and information collected by it, and such other facts, suggestions and recommendations as it may deem of value, which report shall be laid before the legislature. (R. S. 1929, § 3364.) Sec. 3755. Taxes to raise funds for the operation of this law—how assessed.—For the purpose of providing for the expense of administering this chapter, every person, partnership, associa- tion, corporation, whether organized under the laws of this or any other state or country, company, mutual company, the parties to any inter-indemnity contract, or other plan or scheme, and every other insurance carrier, insuring employers in this state against lia- bility for personal injuries to their employees, or for death caused thereby, under this chapter, shall, as hereinafter provided, pay tax upon the deposits or premiums received, whether in cash or notes in this state, or on account of business done in this state, for such insur- ance in this state at the rate of two per cent in lieu of all other taxes on such deposits or premiums, which amount of taxes shall be assessed and collected as hereinafter provided. (R. S. 1929, § 3365.) Sec. 3756. Returns delinquent—duty of superintendent of insurance.—If any such insurance carrier shall fail or refuse to make the return required by this chapter, the said superintendent shall assess the tax against such insurance carrier or self-insurer at the rate herein provided for on such amount or premiums or deposits as he shall deem just, and the proceedings thereon shall be the same as if the return had been made. (R. S. 1929, § 3366.) Sec. 3757. Superintendent may suspend delinquent com- panies.—Every such insurance carrier shall on or before the first day of March, 1926, and each year thereafter, make a return, verified by the affidavit of its president and secretary, or other chief officers or agents, to the superintendent of the insurance depart- ment, stating the amount of all such gross premiums or deposits and credits during the year ending on the 31st day of December, next preceding. Upon the receipt of such returns the superin- tendent shall verify the same and assess the tax upon the various insurance carriers on the basis and at the rate provided in section 3756 of this chapter, and make a schedule thereof, duplicate copies 60 Workmen's Compensation of which, properly certified by said superintendent, shall be filed in the office of the state auditor and state treasurer on or before the 1st day of April in each year. Immediately thereafter the superintendent shall notify the insurance carriers of the amount of taxes respectively due from them, and such taxes shall be paid annually into the state treasury on or before the first day of May, next ensuing. If not so paid the state treasurer shall certify the fact to the superintendent, who shall thereafter suspend such delinquent carriers of insurance from the further transaction of business in this state until such taxes shall be paid. Upon re- ceiving said money the state treasurer shall place the whole thereof to the credit of the fund for the support of the Missouri workmen’s compensation commission. As the commission may from time to time determine, the state auditor and state treasurer shall make transfers to the general revenue fund from the fund for the support of the Missouri workmen’s compensation commission, so as to refund any appropriations made to said fund out of the general revenue fund. (R. S. 1929, § 3367.) Sec. 3758. Companies withdrawing from state must pay tax due.—If any such insurance carrier shall withdraw from business in this state before the tax shall fall due according to the provisions of this chapter, or shall fail or neglect to pay the tax imposed herein, the superintendent shall at once proceed to collect the same, and he is hereby empowered and authorized to employ such legal process as may be necessary for that purpose and when so collected he shall pay the same into the state treasury as a part of the fund for the support of the Missouri workmen’s compensa- tion commission. The suit may be brought by the superintendent in his own name, in any court of this state having jurisdiction, reasonable attorney’s fees may be taxed as costs therein, and process may issue to any county of the state, and may be served as in civil actions or in cases of unincorporated associations, partnerships, inter-indemnity contract or other plans or scheme upon the prin- cipal agent of the parties thereto. (R. S. 1929, § 3368.) Sec. 3759. Employer carrying own risk must pay tax.— Wherever the employer carries his own risk or whatever substitute schemes for insurance provided for in section 3721 have been ap- proved, the commission shall inform the superintendent of insur- ance, who, thereupon, shall assess and in like manner collect a similar tax from the employer carrying his own risk at the same rate and on the same basis as taxes are assessed against insurance carriers, of any character, carrying like risks in this state under the provisions of this chapter. (R. S. 1929, § 3369.) Sec. 3760. Insurance agent, guilty of misdemeanor—when.— Any person or persons who shall in this state act or assume to act as agent for any such insurance carrier whose authority to do business in this state has been suspended under this chapter, while such suspension remains in force, or shall neglect or refuse to com- ply with any of the provisions of this chapter obligatory upon such person or party, or who shall willfully make a false or fraudu- State of Missouri 61 lent statement of the business or condition of any such insurance carrier, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment in the county jail for not less than one week nor more than one year, or by both such fine and imprisonment. (R. S. 1929, § 3370.) Sec. 3761. Sufficiency of notice.—Whenever by this chapter any officer is required to give any notice to any insurance carrier, the same may be given by mailing the same, postage prepaid, ad- dressed to the principal office of the insurance carrier or its agent in this state, or to its home or to the secretary, general agent or chief officer thereof in the United States. (R. S. 1929, § 3371.) Sec. 3762. Insurance carriers exempt from other tax, when.— Any insurance carrier, foreign or domestic, liable to pay a tax upon its premiums or deposits under this chapter shall not be liable to pay any other or further tax upon such premiums or de- posits under any other law of this state, and the provisions of this chapter shall also extend and apply to all premiums or deposits received during any part of the year 1925. (R. S. 1929, § 3372.) Sec. 3763. Penalty not specifically provided—misdemeanor. Any person, corporation, his or its directors, officers or agents, or any other person who violates any of the provisions of this chapter for which a penalty has not hereinbefore been specifically provided, shall be deemed guilty of a misdemeanor, and on con- viction thereof shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment in the county jail for not less than one week and not more than one year or both such fine and imprisonment. (R. S. 1929, § 3373.) Sec. 3764. Law to be liberally construed.—All of the pro- visions of this chapter shall be liberally construed with a view to the public welfare, and a substantial compliance therewith shall be sufficient to give effect to rules, regulations, requirements, awards, orders or decisions of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. (R. S. 1929, § 3374.) Sec. 3765. Legislative intent expressed.—If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The general assembly hereby declares that it would have passed the chapter, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more of the same shall be declared unconstitutional. (R. S. 1929, § 3375.) Sec. 3766. Inconsistent acts repealed.—All acts or parts of acts in conflict or inconsistent herewith are to that extent hereby repealed. (R. S. 1929, § 3376.) 62 Workmen's Compensation REVISED BULLETIN NO. 3 RATINGS FOR LOSS OF TEETH 1. Permanent partial disability.—Loss of teeth shall be rated as permanent partial disability in lieu of all other compensation therefor, except disfigurement and that provided in Section 3701 of the law (medical, etc.), and compensation shall be paid for the periods set forth in the table below. Each cutting, eye, or wisdom tooth shall be counted as one tooth, and each molar or grinding tooth as two teeth. 2. Disfigurement.—In addition to all other compensation, loss of front teeth only shall be rated as disfigurement in an amount sufficient to cover the reasonable cost of artificial teeth. Number of teeth. Weeks com- pensation. Number of teeth. Weeks com- pensation. Number of teeth. Weeks com- pensation. 1/8 .16 13 16.25 32 40.00 1/4 .31 14 17.50 33 41.25 1/3 .42 15 18.75 34 42.50 1/2 .63 16 20.00 35 43.75 2/3 .83 17 21.25 36 45.00 3/4 .94 18 22.50 37 46.25 7/8 1.09 19 23.75 38 47.50 1 1.25 20 25.00 39 48.75 2 2.50 21 26.25 40 50.00 3 3.75 22 27.50 41 51.25 4 5.00 23 28.75 42 62.50 5 6.25 24 30.00 43 53.75 6 7.50 25 31.25 44 55.00 7 8.75 26 32.50 45 56.25 8 10.00 27 33.75 46 57.50 9 11.25 28 35.00 47 58.75 10 12.50 29 36.25 48 60.00 11 13.75 30 37.50 12 15.00 31 38.75 State of Missouri 63 REVISED BULLETIN NO. 5 PARTIAL LOSS OF VISION 1. In every case of ocular injury, there shall be reported to the Commission the central visual acuity findings of each eye, both with and without the use of correcting lenses. Central visual acuity tests shall be made for distance vision at 20 feet and for near vision at 14 inches. These findings shall be recorded in Snellen notation for distance vision and in Snellen or Jaeger notations for near vision. 2. The extent of the visual field of each eye shall be deter- mined by the usual perimetric test methods, and the findings recorded on visual field charts. 3. Extra-ocular muscle function shall be determined in all parts of the motor field by any standard and recognized method. If diplopia exists in any portion of the field of binocular fixation, the fractional portion of the field wherein diplopia exists shall be determined and reported. If diplopia does not exist, a statement of that fact shall be made. 4. Corneal scars, opacities in the lens, synechia, disturbance in the pupillary reactions, anterior chamber exudates or hemor- rhages, vitreous opacities, intra-ocular foreign bodies, fundus changes, and any other evidences of injury to either eye shall be reported, giving size, location, shape, amount, and any other descriptive data of every traumatic result. 5. For partial loss in one eye only, the vision of the other eye shall be taken as normal for the injured eye unless the prior vision of the injured eye is known or the other eye is defective. 6. To determine the amount of partial visual efficiency loss, the method of procedure proposed in the approved and adopted 1925 report of the Committee on Compensation for Eye Injuries, appointed by the Section of Ophthalmology of the American Medical Association, shall be used, except that the loss shall be taken at that without the aid of correcting lenses according to the following table: Diopter or meter Jaeger Snellen Notations Central visual acuity retained Central visual acuity loss At 14 inches At 20 feet 0.37 D. . No. 1 14/14 20/20 100.0% 00.0% 0.50 D. . 2 14/21 20/30 88.0% 12.0% 0.62 D. . 3 14/24 20/33 84.7% 15.3% 0.75 D. . 4 14/28 20/40 77.4% 22.6% 0.87 D. . 6 14/35 20/50 68.1% 31.9% 1.00 D. . 8 14/42 20/60 60.0% 40.0% 1.25 D. . 9 14/49 20/70 52.7% 47.3% 1.50 D. . 10 14/56 20/80 46.4% 53.6% 1.75 D. . 11 14/70 20/100 35.9% 64.1% 2.00 D . . 12 14/84 20/120 27.8% 72.2% 2.50 D . . 14 14/98 20/140 21.5% 78.5% 3.00 D. . 16 14/112 20/160 16.7% 83.3% 3.50 D. . 17 14/140 20/200 10.0% 90.0% 4.00 D. . 18 14/168 20/240 06.0% 94.0% 6.00 D. . 19 14/224 20/320 02.1% 97.9% 8.00 D. . 20 14/336 20/480 00.3% 99.7% 64 Workmen’s Compensation RULES AND PROCEDURE of the MISSOURI WORKMEN’S COMPENSATION COMMISSION Effective January 1, 1936 NON-CONTESTED CASES 1. Report of Accident.—Any accident which requires medical aid shall be reported to the Commission on Form 1 by the employer or insurer within 10 days after knowledge thereof. 2. Non-Compensable Cases.—If employee suffers no com- pensable disability, the Report of Accident, Form 1, is the only form required, provided that said form shows the complete cost of medical aid. 3. Compensable, Temporary Disability.—If the case is com- pensable and if the disability is temporary only and has ended when the first payment of compensation is made, the employee shall sign receipts therefor on Third Revised Form 2, the original of which the employer or insurer shall send to the Commission at once. 4. Temporary Agreement.—If the disability has not ended when the first payment of compensation is made, the parties shall sign and send to the Commission Temporary Agreement, Fourth Revised Form 4. The Commission should be notified immediately if compensation is stopped under this temporary agreement and the reason therefor. If compensation is continued under said agreement until disability has ended, receipt for compensation paid should be taken on Third Revised Form 2 and the original thereof sent to the Commission by the employer or insurer. Surgeon's Report must accompany this receipt. 5. Compensable, Permanent Disability.—If the disability is permanent, as soon as the nature and extent of same is fixed, the Commission shall be notified. If deemed necessary the case will be set for conference before a representative of the Commission in order that a definite rating may be made. When all of the com- pensation has been paid in accordance with the surgeon’s report or the Commission’s rating, receipts therefor on Third Revised Form 2 shall be signed by the employee and the original shall be sent to the Commission by the employer or his insurer. CONTESTED CASES 6. Claim for Compensation.—Employee or dependents shall file claim on Form 21, Claim for Compensation, and all questions on said form shall be answered as fully as possible. This claim must be filed in triplicate within the time prescribed by Section 3727, R. S. Mo. 1939. State of Missouri 65 7. Answer to Claim for Compensation.—Upon receipt of a Claim for Compensation, the Commission will immediately forward a copy of same to the employer and insurer, and within 10 days from the date of the Commission’s acknowledgment of the claim, the employer and/or insurer shall file answer to the claim on Form 22, Answer to Claim for Compensation, in triplicate. (Amended July 9, 1937.) 8. Failure to File Answer.—Unless the Answer to Claim for Compensation is filed within ten days from the date the Commis- sion acknowledges receipt of the claim, the statements in the Claim for Compensation shall be taken as admitted; provided, that the Commission may extend the time for filing where good cause is shown. (Amended July 9, 1937.) 9. Hearing.—When the Answer to Claim for Compensation is filed or when no Answer is filed within 10 days and no extension of time has been granted, the case will be listed for hearing at the earliest possible date. 10. Place of Hearing.—A hearing will be set in the county where the accident occurred, unless the parties otherwise agree, and the parties will be notified by United States mail as to the exact date, place, and hour thereof at least 10 days prior to the hearing date. 11. Continuances.—Whenever a claim is set for hearing and a party to such claim desires a continuance of such hearing, he shall file with the Commission a written application therefor, fully setting forth the reasons for such continuance, and the applicant shall also furnish opposing party with copy of such request; or if such continuance is agreed to by the parties or their attorneys, such agreement must be in writing, and filed as afore- said with the Commission, and shall state fully the reasons therefor. In either case, if the Commission find such reasons good and sufficient, such continuance may be granted. If more than one continuance be asked for by the same party, or by agreement of the parties, it shall be granted only under most unusual circumstances. Whenever a continuance is granted the claim shall go to the foot of the docket for hearing in its venue, and shall not be reset until again reached in its regular order, unless the Commission shall, on its own motion, advance it on the docket for cause, shown in writing and supported by affidavit filed by either party. All parties should be prepared to introduce all of their evidence when the ease is set for a hearing, as continuances for additional evidence will be granted only when the referee, the commissioner, or commissioners before whom the case is set, are satisfied that additional evidence could not be produced at the first hearing, and that such evidence is necessary to a full and complete hearing. (Amended May 11, 1937.) 12. Dismissal for Want of Prosecution.—If claimant fails to enter his appearance either in person or by counsel at the first 66 Workmen's Compensation setting of his claim, and the same is continued, claimant shall be notified of the second setting by registered United States mail. If he fails to appear at the second setting, his claim may be dis- missed for want of prosecution. (Adopted February 9, 1939.) 13. Conduct of Hearings.—Hearings before the Commission shall be simple, informal, and summary with respect to the con- duct thereof, but the rules of evidence as applied to civil cases in the State of Missouri shall be applied. Exceptions to adverse rulings are automatically saved to the party ruled against. 14. Awards.—Following a hearing, the Commissioner or Referee who held the case will issue an award at the earliest possible date, attested copies of which will be sent by registered United States mail to all parties. 15. Application for Review.—If any party is dissatisfied with the award, he may file Application for Review, Form 37, by the full Commission, as provided by Section 3731, R. S. Mo. 1939. Such Application must be filed or received at the Commission’s office in Jefferson City, or at its offices in St. Louis or Kansas City, within the 10-day period prescribed by the above-mentioned section. 16. Additional Evidence.—The full Commission will not hear additional evidence on review except in extreme cases. If it deems it advisable, additional evidence may be allowed on the motion of either party or on its own motion. 17. Oral Argument.—Oral argument will be granted only at the discretion of the Commission, and the request must be accompanied by specific reasons therefor. (Amended August 24, 1939.) 18. Briefs.—Briefs may be filed in any case at the request of either party. 19. Final Award.—Attested copies of the Commission’s final award will be sent to all parties by registered United States mail. 20. Appeal to Circuit Court.—If either party is dissatisfied with the final award, he may appeal to the circuit court of the county where the accident occurred, as provided in Section 3732, R. S. Mo. 1939. The notice of appeal shall be filed on Form 39, Notice of Appeal to Circuit Court. PAYMENT IN LUMP SUM OF COMPENSATION DUE 21. Generally.—Section 3736, R. S. Mo. 1939, gives the Commission power to order compensation paid in a lump sum. This section expressly provides that “commutation is a departure from the normal method of payment and is to be allowed only when it appears that some unusual circumstances warrant such a de- parture.” The Commission adheres very strictly to the clear mandate of the statute. State of Missouri 67 22. Application, When Filed.—Application for lump sum settlement may be filed only after the compensation payable has been definitely determined; provided, that such application may be made at the time a hearing is held, and if filed at that time, it will be taken and decided with the case. 23. Application, How Filed.—Application for a lump sum shall be filed on Form 8, Request for Lump Sum Settlement, in triplicate, and should be mailed to the Commission’s office in Jefferson City. 24. Employer and/or Insurer Notified.—Upon receipt of Request for Lump Sum Settlement, a copy of same will be sent to the employer and/or insurer. 25. Action on Application When Not Opposed.—When the employer and/or insurer are notified of the Application, they will be requested to notify the Commission of their attitude toward the request. If they have no objection, and the Commission finds that the Request should be granted, same will be ordered forthwith. 26. Action on Application When Opposed.—If employer and/or insurer advise the Commission that they are opposed to the payment of compensation in a lump sum, they may request that the case be set for hearing, and same will be set down. If employer and/or insurer advise the Commission that they are opposed to the lump sum payment, but do not request a hearing, the Commission will decide the Request without any oral testi- mony, unless they of their own motion desire to hear the parties. 27. How Order is Sent.—The Commission’s order, either allowing or denying the Request for Lump Sum Settlement, will be sent by United States mail to all parties. 28. Employee May be Heard.—If the employee desires that he be heard on the Request for Lump Sum Settlement, he should so state when the original application is filed, and the request will be set down for hearing. ACCEPTANCE AND REJECTION OF LAW Employer 29. Conclusive Presumption of Acceptance.—Every em- ployer, unless exempted by the employments listed in Section 3693, R. S. Mo. 1939, shall be conclusively presumed to have elected to accept the Missouri Workmen’s Compensation Law, unless prior to an injury he had filed a written rejection with the Commission or has fewer than eleven employees in employment not held hazardous by the Commission. 30. Exempted Employer’s Acceptance.—Any employer ex- empted by Section 3693, R. S. Mo. 1939, who wishes to operate under the provisions of the Missouri Workmen’s Compensation Law, may do so by properly executing Form 67, Exempted Em- 68 Workmen's Compensation player's Acceptance of Law, and posting on his premises in con- spicuous places Form 66, Notice of Acceptance of Law, which are provided by the Commission. Such election stands until with- drawn, and no new acceptance need be filed (and will not be ac- cepted) upon such occasions as change in insurance carrier or personnel of employees. 31. Hazardous Employment.—Any minor employer who has been found by the Commission to be engaged in an occupation hazardous to employees shall be conclusively presumed to have accepted the provisions of the Missouri Workmen’s Compensation Law, unless he rejects the Chapter within ten days after the Com- mission’s finding. (Section 3692c, R. S. Mo. 1939.) 32. Exemption as to Individual Employee.—Any employer who has elected to accept the Missouri Workmen’s Compensation Law may exempt himself as to its provisions with respect to an individual employee whose work is non-hazardous by filing with the Commission the written consent of such employee on Form 68, Employee's Consent to Exemption of Employer, which must be approved by the Commission before effective; provided, that at any time thereafter before the injury the employee may revoke such consent on Form 69, Revocation of Employee's Consent to Exemption of Employer, by filing same with the Commission, whose duty it shall be to notify the employer of such revocation. 33. Occupational Disease Acceptance.—Any employer oper- ating under the Missouri Workmen’s Compensation Law may bring himself under the law as respects occupational disease by filing with the Commission on Form 67-A, Employer's Acceptance of Amendment to Section 3695, R. S. 1939, Relative to Occupational Diseases, his acceptance of the Amendment, and by posting in con- spicuous places on his premises Form 66-A, Notice of Employer's Acceptance of Amendment, which notices are provided by the Commission. 34. Rejection of Law.—Any major employer or any minor employer whose employment has been found by the Commission to be hazardous to employees may reject the provisions of the Missouri Workmen’s Compensation Law by filing with the Com- mission written rejection on Form 63, Employer's Rejection of Law, and posting in conspicuous places on the premises Form 64, Notice of Rejection of Law, which are provided by the Commission. ACCEPTANCE AND REJECTION OF LAW Employee 35. Conclusive Presumption of Acceptance.—Every em- ployee of a major employer and every employee of a minor em- ployer whose employment has been found by the Commission to be hazardous to employees (with the exception of exempted em- ployments in Section 3693, R. S. Mo. 1939) shall be conclusively State of Missouri 69 presumed to have elected to accept the provisions of the Missouri Workmen’s Compensation Law, unless prior to an injury a written rejection of the Law has been filed with the Commission on Form 61, Employee’s Rejection of Law. 36. Acceptance of Law.—An employee of an exempted em- ployer who has accepted the Law is conclusively presumed also to accepted it within thirty days of the Acceptance, and any employee who enters the employment after the Acceptance has been made is conclusively presumed to have accepted the Law unless he rejects it. Form 70, Employee’s Acceptance of Law, is provided for those employees who wish their status to be deter- mined definitely prior to the end of the thirty-day period. 37. Occupational Disease Amendment.—An employee of an employer who has accepted the occupational disease amendment of the Law is conclusively presumed also to have accepted it within thirty days of the Acceptance, and any employee who enters the employment after the Acceptance has been made is conclusively presumed to have accepted the Amendment unless he rejects the Law. 38. Employee’s Rejection of Law,—Any employee of an employer who is working under the Law may reject the same by filing with the Commission his written rejection on Form 61, Employee’s Rejection of Law', which shall be effective on any and all employments he may then or thereafter engage in. The same procedure is followed by an employee who does not wish to operate under the occupational disease amendment to the Law. 39. Consent to Exemption.—Any employee of an employer operating under the Law may give consent to exemption to his employer by filing with the Commission on Form 68, Employee's Consent to Exemption of Employer, which exemption is not effective until approved by the Commission. Such consent may be with- drawn at any time by the employee by the filing of Form 69, Revocation of Employee’s Consent to Exemption of Employer. WITHDRAWAL OF ACCEPTANCE AND REJECTION Employer 40, Withdrawal of Acceptance of Law.—Any exempted em- ployer who has filed with the Commission an Acceptance of Law may resume his former status by filing Form 65-B, Withdrawal of Employer’s Acceptance, with the Commission. In this event, Forms 66, Notice of Employer’s Acceptance of Law, should be re- moved from their posting places on the employer’s premises. 41. Withdrawal of Occupational Disease Acceptance.—An employer who has accepted the occupational disease amendment to the Law may resume his former status by filing with the Commis- sion Form 65-A, Withdrawal of Employer’s Acceptance of Amend- 70 Workmen's Compensation merit. In this event, Forms 66-A, Notice of Employer's Acceptance of Amendment, should be removed from their posting places on the employer’s premises. 42. Withdrawal of Rejection of Law.—Any employer who has rejected the Law may again come under its provisions by filing with the Commission Form 65, Withdrawal of Employer's Rejection of Law. In this event, Forms 64, Notice of Employer's Rejection, should be removed from their posting places on the employer’s premises. WITHDRAWAL OF REJECTION 43. Withdrawal of Rejection of Law.—Any employee who has rejected the Law may resume his former status under the Work- men’s Compensation Law by filing with the Commission Form 62, Withdrawal of Employee's Rejection. This action is effective for any and all employments which the employee may then or there- after engage in, unless another rejection is filed. Employee GENERAL INFORMATION 1. Upon receipt of an Employee's Rejection of Law, acknowl- edgment is immediately made, a copy going to the employer if his name is given. 2. Upon request, the Commission will give the status of an employer or employee, but such request should always include the full and correct name, street, city, and state address. 3. Large organizations often request periodically the status of employees, and for that purpose send in lists. The Commission requires such lists to be arranged alphabetically for checking pur- poses, with full names and addresses given. 4. Forms not in order will be returned to those executing them. For example, forms are not in order when there is an existing form to the same effect on file; when a “withdrawal” is received and there is no acceptance or rejection to withdraw; when an Exempted Employer's Acceptance of Law is received that shows on its face the employer is already operating under the Law as a major employer. 5. Section 3752, R. S. Mo. 1939, provides a schedule of fees for documents and papers as follows: “For copies of papers and records not required to be certified or otherwise authenticated by the Commission, ten cents for each one hundred words or figures; for certified copies of official documents, awards or other records, fifteen cents for each one hundred words and figures, and one dollar for every certificate under seal affixed thereto; for each certified State of Missouri 71 copy of annual report of the Commission, one dollar and fifty cents; for copies of evidence and proceedings, fifteen cents for each one hundred words and figures ” 6. Section 3752 also provides that the Commission shall fix and collect from the employer the reasonable expense of any investigation necessary to determine his ability to carry his own insurance. ‘ 7. Requests for transcripts or parts of transcripts not re- quired for the consideration of the Commission shall take their chronological place with orders for transcripts on review and shall be written in that sequence. Requests for parts of transcripts already prepared cannot be complied with; in such cases the entire transcript must be bought at the rate provided by law, or the entire transcript will be provided free of charge to any party who files affidavit with the Commission that he is a poor person within the meaning of the law. (Adopted August 6, 1937.) 8. For information concerning self-insurance and fees in connection therewith, refer to Revised Rules for Self-Insurers on the next page. 72 Workmen's Compensation REVISED RULES FOR SELF-INSURERS Effective January 1, 1936 Rule 1. Application.—Every employer desiring to become a self-insurer shall make application for such privilege on a form provided by the Missouri Workmen’s Compensation Commission. This application shall contain: (a) A payroll report for the pre- ceding twelve months; (b) a sworn itemized statement of the assets and liabilities of the employer; and (c) a description of the safety organization maintained by the employer within his establishment for the prevention of accidents. If, upon examination of the sworn financial statement, the Commission is satisfied of the ability of the employer to make current compensation payments and that his tangible assets make reasonably certain the payment of all obliga- tions that may arise under the Missouri Workmen’s Compensation Law, the application will be granted, subject to the conditions here- inafter provided. Such self-insurance authority, if granted, will continue in force and effect until revoked by the Commission upon notice and hearing on show-cause order or until withdrawn by the employer, except that upon failure of a self-insurer to continuously maintain security, hereinafter provided for, in the amount required by the Commission, such self-insurance authority shall forthwith terminate without such notice and hearing. (Amended Septem- ber 30, 1940.) Rule 2. Security Required.—The employer shall furnish security in the minimum amount of S3,000.00, and the Commission may, if it deems advisable in any particular case, require a larger amount. The employer will have the option of furnishing security in any one of three ways; (1) by filing with the Missouri Work- men’s Compensation Commission an approved surety bond; (2) by depositing in escrow approved securities; or (3) by depositing cash in escrow. Rule 3. Method of Furnishing Security.—If a surety bond is given, the surety shall be a company authorized to transact such business in the State of Missouri. The bond shall be on a form prescribed by the Missouri Workmen’s Compensation Commission. If securities are deposited in escrow, they shall be direct obliga- tions (either bonds or notes) of the United States or of the State of Missouri. In lieu of depositing the securities aforesaid, the em- ployer, at his election, may deposit cash in escrow in an amount equal to the par value of securities otherwise required to be de- posited. If securities or cash are deposited, as above provided, the employer shall file with the Commission, on a form provided by the Commission, an agreement providing that upon failure or neglect of the employer to make payment of compensation upon final award or final judgment (after employer has exhausted his rights of review and appeal under the Missouri Workmen’s Compen- sation Law) all, or any part, of such securities, as the occasion may require, may be sold, and the proceeds thereof, as well as any cash deposited, shall be used to pay any compensation obligations State of Missouri 73 which such employer has so neglected or refused to pay; but no securities shall be sold or funds used to make payments of com- pensation until after the Commissiou has given the employer ten (10) days’ written notice to make payment. After an employer has secured his liability by any one of the methods heretofore and hereafter set out, and desires to substitute one form of security for the other, same may be done upon ap- proval of the Commission. Rule 4. When Additional Security May be Required of An Employer.—The employer shall file with the Missouri Workmen’s Compensation Commission semi-annually a sworn statement of all outstanding death and disability claims as provided in paragraph (c) of Rule 7. If examination of such statement shows the out- standing liability of the employer for unpaid compensation to equal or to approximate one-half of the amount of security pre- viously given, and after considering all of the facts and circum- stances the Commission finds that they are not reasonably certain that the employer’s condition is such as to insure the payment of his outstanding liability, the employer shall be required to give additional security of the same character as required in Rule 2 and Rule 3 to equal in amount the present commuted value of all unpaid compensation in death claims and disability claims wherein the period of disability equals fifty-two weeks or more. The Missouri Workmen’s Compensation Commission also shall have the right at any time to require additional security in the event of a catastrophe or a change in conditions of the em- ployer, either with respect to the financial condition of the em- ployer, his outstanding liabilities for unpaid compensation, an increase in the payroll exposure, or otherwise. Should the Commission at any time determine that the amount of security should be increased, due notice of such finding shall be given and reasonable opportunity afforded to comply with any added requirements. Rule 5. When Security May be Reduced.—When the total amount of securities or cash held in escrow (exclusive of the initial deposit) shall exceed the outstanding liabilities for unpaid com- pensation in death claims and disability claims of fifty-two weeks or more duration, the employer may make application to the Missouri Workmen’s Compensation Commission for the return of such excess securities or cash. The Missouri Workmen’s Compen- sation Commission shall determine whether the return of such excess securities or cash is advisable. When a surety bf nd is filed, the principal amount may be reduced in like manner. Rule 6. Withdrawal of Securities Held in Escrow.—When an employer ceases to be a self-insurer under the Missouri Work- men’s Compensation Law, he may apply to the Missouri Work- men’s Compensation Commission for the release of the securities or cash held in escrow. Such employer shall file a sworn statement of: (a) All of his outstanding liabilities for compensation; (b) all 74 Workmen's Compensation pending claims for compensation; and (c) all accidents occurring in his establishment for a period of one year prior to the date of such application. The Missouri Workmen’s Compensation Commission shall have the right to require that all or any part of the securities or cash held in escrow be retained for a period of one year from the date the employer ceases to be a self-insurer, and after said one year period the Commission shall have the right to require that all or any part of the securities or cash held in escrow be retained, as deemed advisable by the Commission, pending final disposition of outstanding compensation claims; and the securities or cash shall be released only on written order of the Commission. (Amend- ed November 4, 1941.) Rule 7. Reports to be Filed.—Reports upon forms provided by the Missouri Workmen’s Compensation Commission shall be filed by self-insurers, as follows: (a) Itemized sworn statement of the employer’s assets and liabilities shall be filed annually as of the close of the employer’s fiscal year. (b) A classified payroll report for the months of June and December of each year shall be filed as promptly as possible, but the Missouri Workmen’s Compensation Commission shall have the right at any time to ask for and receive promptly a payroll report for any given month. (c) A sworn statement of all outstanding death and dis- ability claims as of December 31 and June 30 of each year, said reports to be filed within fifteen days after the aforesaid dates. (d) A sworn statement of compensation payments (exclusive of medical expense) made by the employer for the first half year ending June 30 and the second half year ending December 31 of each year shall be filed within fifteen days of such dates. (Amended Sept. 9, 1942.) Rule 8. Examination of Employer’s Financial Condition.— The employer shall permit the Missouri Workmen’s Compensation Commission, or its duly authorized representative, to make an examination of the employer’s assets and liabilities and of his books of account for the purpose of verifying any financial statement submitted. The Commission may in its discretion accept the report of a certified public accountant as proper compliance with this rule. Rule 9. Cost of Investigation.—In accordance with the pro- vision of Section 3752, R. S. 1939, that “The Commission shall fix and collect from the employer the reasonable expense of any investigation necessary to determine his ability to carry his own insurance,” the Commission has found, in its experience, that the reasonable minimum cost of making such investigation is $25.00; wherefore each application for authority to become a self-insurer shall be accompanied by a remittance in the amount of $25.00, payable to the Missouri Workmen’s Compensation Commission, State of Missouri 75 to cover costs of such investigation. However, the actual reason- able cost of such investigation shall be charged when same is in excess of $25.00. (Amended June 3, 1940.) Rule 10, Forms to be Used.—Forms provided by the Mis- souri Workmen’s Compensation Commission must be used in making all required reports. Rule 11. Revocation of Self-Insurance Privilege.—The privilege of self-insurance may be revoked by the Missouri Work- men’s Compensation Commission at any time upon reasonable notice and hearing and for good cause shown. Failure to comply with a'uy of the foregoing rules, or with an order or direction of the Missouri Workmen’s Compensation Com- mission within the time prescribed therein, may be considered prima facie cause for revocation. Disregard of any of the pro- visions of the Missouri Workmen’s Compensation Law as to the time and method of compensation payment, the furnishing of medical treatment, or the filing of all accident and compensation reports may also bring about such revocation. Upon failure of a self-insurer to continuously maintain security, in the amount required by the Commission, the self-insurance privilege shall forthwith terminate without notice and hearing. (Amended September 30, 1940.) Rule 12. When Rules May be Relaxed.—If an employer shows to the satisfaction of the Commission that he has been unable to secure insurance from an authorized carrier, or if an employer makes application to self-insure his medical liability only, the Commission may, if it deems advisable, relax the above said rules to meet the needs of the case. Rule 13. May Self-Insure Part of Liabliity.—An employer complying with the foregoing rules may self-insure a particular division of his liability, that is, may carry without insurance his full liability for medical costs only, or occupational disease only, or all or any part of his liability under the Missouri Workmen’s Compensation Law on all of his employees at some one location. He cannot self-insure all or one or more divisions of his liability in a limited or stated monetary amount. (Adopted November 9, 1939.) 76 Workmen's Compensation (This table gives the present value of $1.00 per week with compound interest at 4%. It is used to compute the commutable value of compensation for permanent partial disability, and the death benefit other than to the widow only. It is taken from pages 1327-29 of The Law of Workmen’s Compensation, by William R. Schneider, by permission of the author.) PRESENT WORTH TABLE Weeks. Present Worth. Weeks. Present Worth. 0 40. . $39 3877 1 $00.9992 1. . 40.3572 2 1.9977 2 41.3261 3 2.9955 3. . . 42.2942 4 3.9925 4. . . . 43.2615 5 4.9887 45. 44 2281 6 5.9842 6. . 45 1940 7 6.9789 7 46 1692 8 7.9739 8 47 1237 9 8.9661 9. 48 0874 10 9.9586 50 49 0504 1 10.9503 1 50 1027 2 11.9413 2. . . 50.9742 3 12.9316 3 51 9350 4 13.9211 4 62 8951 15 14.9098 55 53 8545 6 15.8978 6 54 8131 7 16.8851 7 55 7711 8 17.8716 8. 56 7283 9 18.8574 9 57 6847 20 19.8424 60 58 6405 1 20.8267 1 59 5955 2 21.8102 2 60 6409 3 22.7930 3 61 5035 4 23.7751 4 62 4563 25 24.7564 65 63 4085 6 25.7370 6 64 3599 7 26.7168 7 65 3107 8 27.6959 8 66 2607 9 28.6743 9 67 2100 30 29.6519 70. 68 1585 1 30.6288 1. 69 1064 2 31.6050 2 70 0536 3 32.5804 3. 71 0000 4 33.5650 4. 71 9457 35 34.5290 75. . . 72 8907 6 35.5022 6 73 8350 7 36.4747 7. 74 7786 8 37.4464 8. 75 7215 9 38.4174 9 76.6636 State of Missouri 77 Weeks. Present Worth. Weeks. Present Worth. 80 $77.6051 125. . $1 IQ 2434 1 78.5458 6. 120 1527 2 79.4858 7. . . 121 0614 3 80.4252 8. 121 9094 4 81.3638 9. . . 122 3766 85 82.3017 130. 123 7«32 6 83.2389 1. 124 6392 7 84.1754 2. 125 5Q44 8 85.1112 3. . 126 4Q3Q 9 86.0462 4 127.4028 90 86.9806 135 128.3060 1 87.9142 6 129.2085 2 88.8471 7. 130 1103 3 89.7794 8 131 0116 4 90.7109 9. 1.31 Q11 Q 95 91.6418 140. . 1.32 3117 6 92.5719 1. 133 7103 7 93.5014 2. . . 134 6092 8 94.4301 3. . . 136 6070 9 95.3581 4. 136 4041 100 96.2855 145 137 3006 1 97.2122 6 138 1062 2 98.1381 7. . . 139 091.3 3 99.0633 8. ... 1.39 9366 4 99.9879 9 140 8704 105 100.9118 150. 141 7724 6 101.8349 1 142 6643 7 102.7574 2 14.3 6664 8 103.6792 3. 144 4474 9 104.6002 4 145 3378 110 105.5206 155 146 2274 1 106.4403 6 147 1164 2 107.3593 7 148.0048 3 108.2776 8 148 8024 4 109.1952 9 140 7704 115 110.1122 160 150.6657 6 111.0284 1 151.5514 7 111.9439 2 152 4363 8 112.8588 3 153.3207 9 113.7729 4 164 2043 120 114.6864 165... 155 0873 1 115.5992 6. . . 166 9696 2 116.5112 7 156.8512 3 117.4226 8 157.7322 4 118.3334 9 158.6126 PRESENT WORTH TABLE—Continued. 78 Workmen's Compensation PRESENT WORTH TABLE—Continued. Weeks. Present Worth. Weeks. Present Worth. 170 $159.4922 215.... $198 3980 1 160.3712 6 199.2476 2 161.2495 7 200.0966 3 162.1272 8 200.9450 4 163.0042 9 201.7928 175 163.8806 220 202.6398 6 164.7563 1. . . . 203.4863 7 165.6313 2 204.3321 8 166.5057 3 205.1773 9 167.3794 4 206.0219 180 168.2524 225 206.8658 1 169.1248 6 207.7090 2 169.9966 7. . . . 208.5517 3 170.8676 8 209.3937 4 171.7380 9 210.2351 185 172.6078 230... 211 0758 6 173.4769 1 211.9159 7 174.3454 2 212.7554 8 175.2132 3 213.5942 9 176.0803 4 214.4324 190 176.9468 235 215.2700 1 177.8126 6 216.1069 2. 178.6778 7 216 9432 3 179.5424 8 217.7789 4 180.4063 9 218.6139 195 181.2695 240 219.4484 6 182.1321 1 220.2821 7 182.9940 2 221.1158 8 183.8653 3. . . . 221 9478 9 184.7159 4 222.7797 200 185.6758 245 223.6110 1 186.4352 6 224.4417 2 187.2938 7 225.2717 3 188.1519 8 226.1011 4 189.0093 9 226.9299 205 189.8660 250 227.7580 6 190.7221 1. . . . 228 5856 7 191.5775 2. . . 229 4125 8 192.4323 3. . . . 230 2387 9 193.2865 4 231 0644 210 194.1400 255 231 8894 1 194.9929 6. . . 232 7139 2 195.8451 7 233.5377 3 196.6967 8 234 3608 4 197.5476 9 235.1834 State of Missouri 79 PRESENT WORTH TABLE—Continued. Weeks. Present Worth. Weeks. Present Worth. 260' $236.0053 305 $272.3578 1 236.8266 6 273.1516 2. . 237.6473 7 273.9449 3. . . 238.4674 8 274.7376 4 239.2868 9 275.5297 265 240.1056 310 276.3212 6 240.9238 1 277.1121 7 241.7414 2 277.9024 8 242.5584 3 278.6921 9 243.3748 4 279.4812 270 244.1905 315 280.2698 I 245.0056 6 281.0577 2 245.8202 7 281.8450 3. . . . 246.6341 8 282.6317 4 247.4474 9 283.4179 275. ... 248.2600 320 284.2034 6 ... 249.0721 1 284.9884 7 249.8836 2 285.7727 8 250.6944 3 286.6565 9 251.5047 4 287.3397 280 252.3143 325 288.1223 1 253.1233 6 288.9043 2 263.9317 7 289.6857 3 254.7395 8 290.4666 4 255.6467 9 291.2468 285 256.3533 330 292.0265 6. 257.1593 1 292.8055 7 257.9647 2 293.5840 8 258.7694 3 294.3619 9. 259.5736 4 295.1392 290 260.3771 335 295.9160 1 261.1801 6 296.6921 2. 261.9824 7 297.4677 3 262.7841 8 298.2426 4 263.5853 9 299.1070 295 264.3858 340 299.7908 6 265.1857 1 300.5641 7 265.9850 2 301.3367 8 266.7837 3 302.1088 9 267.5818 4 302.8802 300 268.3793 345 303.6511 i 269.1762 6 304.4214 2 269.9725 7 305.1912 3 270.7682 8 305.9603 4 271.5633 9 306.7289 80 Workmen's Compensation Weeks. Present Worth. Weeks. Present Worth. 350 $307.4969 395 $341 4635 1 308.2643 6 342 2053 2 309.0311 7. . . . 342 9466 3 309.7974 8 343 6872 4 310.5630 9 344 4274 355 311.3281 400.. . . 345 1669 6 312.0926 1 345 9059 7 312.8566 2 346.6444 8 313.6200 3 347 3823 9 314.3827 4 ... 348.1106 360 315.1450 405 348 8564 1 315.9066 6 349 5926 2 316.6677 7 350 3282 3 317.4282 8 351 0633 4 318.1881 9 351 7979 365 318.9474 410 352 5319 6 319.7062 1 353 2653 7 320.4644 2. . . . 353 9982 8 321.2220 3 354 7306 9 321.9791 4. . 355 4624 370 322.7356 415 356 1936 1 323.4915 6. . . 356 9243 2 324.2468 7 357 6544 3 325.0016 8 358 3840 4 325.7558 9. . . 359 1131 375 326.5094 420... 359 8416 6 327.2625 1. . . . 360 5695 7 328.0150 2 361 2969 8 328.7669 3. . . 362 0237 9 329.5183 4. . . 362 7506 380 330.2691 425. . 363 4758 1 331.0194 6 364 2010 2 331.7690 7. 364 9256 3 332.5181 8. . . 365 6497 4 333.2667 9. . . . 366 3733 385 334.0147 430. 367 0963 6 334.7621 1 367 8188 7 335.5089 2 . 368 5407 8 336.2552 3. . 369 2621 9 337.0010 4 369.9829 390 337.7461 435 370 7032 1 338.4907 6 371 4230 2 339.2348 7. . 372 1422 3 339.9782 8. . . . 372 8608 4 340.7212 9 373.5790 PRESENT WORTH TABLE—Continued. State of Missouri 81 Weeks. Present Worth. Weeks. Present Worth. 440 .'.... $374.2966 485. $40fi 033Q 1 375.0136 6. 406 7270 2 375.7301 7. . . 400 4100 3 376.4461 8 403 1117 4 377.1615 9 403 3032 445 377.8764 490. 400 4043 6 378.5907 1. 410 1343 7 379.3045 2. . . 410 8747 8 380.1078 3 411.5642 9 380.7305 4. . . . 412 2031 450 381.4427 495... 412 0410 1 382.1543 6 413 6295 2 382.8654 7 414 3169 3 383.5760 8. 410 0037 4 384.2860 9 410 0001 455 384.9958 500 416 3759 6 385.7045 1. . 417 0612 7 386.4130 2 417 7460 8 387.1209 3 418 4303 9 387.8282 4 419 1141 460 388.5351 505 419 7973 1 389.2414 6 420 4801 2 389.9472 7 421 1623 3 390,6524 8 421 8440 4 391.3571 9 422 5252 465 392.0613 510 423 2059 6 392.7650 1 423 8860 7 393.4681 2 424 5657 8 394.1707 3 425 2448 9 394.8727 4 425 9234 470 395.5742 515 426.6016 1 396.2752 6. 427 2792 2 396.9757 7 427 9562 3 397.6757 8 428 6328 4 398.3751 9 429.3089 475 399.0740 520 429.9845 6 399.7723 1 430 6606 7 400.4702 2 431.3351 8 401.1675 3 432 0091 9 401.8642 4. . . 432 6826 480 402.5605 525 433.3556 1 403.2562 6 434.0281 2 403.9514 7 434 7001 3 404.6461 8 435.3716 4 405.3403 9 436.0426 PRESENT WORTH TABLE—Continued. 82 Workmen's Compensation Weeks. Present Worth. Weeks. Present Worth. 630 •.. . $436.7131 575 $466.3676 1 . 437.3831 6 467.0152 2 438.0526 7 467.6623 3 438.7216 8 468.3089 4 . 439.3901 9 468.9551 535 440.0581 580 469.6008 6 440.7266 1 470.2460 7 441.3926 2 470.8907 8 442.0591 3 471.5349 9 442.7251 4 472.1786 540 443.3905 585 472.8218 i 444.0554 6 473.4646 2 444.7198 7 474.1069 3. . 445.3837 8 474.7487 4 446.0471 9 475.3900 545 446.7100 590 476.0308 6 .... 447.3724 1 476.6711 7 448.0343 2 477.3110 8 448.6957 3 477.9504 9 .... 449.3566 4 478.5893 550 450.0170 595 479.2277 1 450.6769 6 479.8656 2 451.3364 7 480.5030 3 451.9954 8 481.1400 4 452.6539 9 481.7765 555 453.3119 600 482.4125 6 . 453.9694 1 483.0480 7 454.6264 2 483.6830 8 455.2829 3 484.3176 9 455.9389 4 484.9517 560 . 456.5944 605 485.5853 1 457.2494 6 486.2184 2 457.9039 7 486.8511 3 458.5579 8 487.4833 4 459.2114 9 488.1150 565 459.8644 610 488.7462 6 460.5169 1 489.3769 7 461.1689 2 490.0072 8 461.8204 3 490.6370 9 462.4715 4 491.2663 570 463.1221 615 491.8951 i 463.7722 6 492.5235 2 . 464.4218 7 493.1514 3 465.0709 8 493.7788 4 465.7195 9 494.4058 PRESENT WORTH TABLE—Continued. State of Missouri 83 Weeks. Present Worth. Weeks. Present Worth. 62Q $495.0323 660. . $519 7080 1 495.6583 1 520.3154 2 496.2838 2 520.9223 3 496.9089 3 521.5288 4 497.5335 4 522.1348 625 498.1576 665 522.7404 6 498.7813 6 523.3455 7 499.4045 7 523.9502 8 500.0272 8 524.5544 9 500.6494 9. . . . 525.1681 630 501.2712 670 525.7614 1 501.8925 1 526.3642 •2 502.5133 2 526:9666 3 503.1337 3 527 5685 4 503.7536 4 528 1700 635 504.3730 675 528.7710 6 504.9920 6 529.3716 7 505.6105 7 529.9717 8 506.2285 8 530.5714 9 506.8461 9 531.1706 640 507.4632 680 531.7694 1 508.0798 1 532.3677 2 508.6960 2 532.9656 3 509.3117 3 533.5630 4 509.9269 4 534.1600 645 510.5417 685 # 534.7565 6 511.1560 6 535.3526 7 511.7699 7 535.9482 8 512.3833 8 536.5434 9 512.9962 9 537.1381 650 513.6087 690 537.7324 1 514.2207 1 538.3262 2 514.8322 2 538.9196 3 515.4433 3 639.5125 4 516.0539 655 616.6641 6 517.2738 7 517.8830 8 518.4918 9 519.1001 PRESENT WORTH TABLE—Continued. 84 Workmen's Compensation (This table gives the annual present value of one dollar per week payable weekly, to the end of the period until remarriage or death, the first payment immediate, compiled from the Danish Annuitants and Dutch Remarriage Tables with interest at four per cent, by THEODORE STALZER, formerly assistant actuary of the Missouri Insurance Department.) Age. 1 2 3 4 5 6 7 8 9 10 11 12 13 15 $47.84 $88.45 $122.72 $151.80 $176.51 $197.59 $215.60 $231.05 $244.35 $255.83 $265.79 $274.46 $282.05 16 47.99 88.60 123.04 152.33 177.29 198.64 216.94 232.69 246.27 258.10 268.37 277.36 286.26 17 48.03 88.77 123.40 152.93 178.17 199.82 218.45 234.54 248.57 260.64 271.27 280.61 288.85 18 48,08 88.96 123.80 153.60 179.15 201.14 220.13 236.60 250.93 263.47 274.50 284.23 292.85 19 48.13 89.17 124.17 154.25 180.22 202.58 221.98 238.86 253.63 266.61 278.06 288.23 297.28 20 48.72 89.40 124.74 155.13 181.42 204.19 224.03 241.26 256.39 269.84 281.78 292.42 301.95 21 48.44 89.83 125.28 156.04 182.72 206.05 226.36 244.22 259.98 273.96 286.42 297.59 307.63 22 48.34 89.93 125.86 157.02 184.15 207.88 228.73 247.13 263.46 278.01 291.04 302.78 313.39 23 48.42 90.24 126.51 158.08 185.70 209.64 230.73 249.81 266.68 281.85 295.51 307.86 319.09 24 48.50 90.56 127.19 159.22 187.37 212.21 234.25 253.90 271.50 287.33 301.66 314.68 326.56 25 48.59 90.91 127.92 160.44 189.15 214.61 237.31 257.64 275.94 292.49 307.53 321.26 333.84 26 48.69 91.28 128.70 161.73 191.01 217.15 240.55 261.62 280.65 297.98 313.75 328.22 341.55 27 48.79 91.71 129.52 163.08 193.00 219.81 243.91 265.76 285.68 303.68 320.26 335.53 349.62 28 48.90 92.07 130.36 164.49 195.07 222.60 247.48 270.09 290.73 309.65 327.08 343.13 358.03 29 49.01 92.45 131.24 165.95 197.19 225.46 251.13 274.56 296.04 315.80 334.05 350.96 366.69 30 49.12 92.91 132.14 167.44 199.37 228.38 254.86 279.12 301.45 322.07 341.18 358.95 375.53 31 49.24 93.34 133.04 168.94 201.56 231.33 258.26 283.02 306.21 327.70 347.68 366.31 383.73 32 49.35 93.77 133.94 170.44 203.75 234.28 262.37 288.32 312.36 334.72 355.57 375.01 393.33 33 49.46 94.19 134.84 171.93 205.93 237.21 266.20 292.98 317.77 340.98 362.68 383.02 402.11 34 49.57 94.61 135.72 173.39 208.06 240.07 269.74 297.33 323,05 347.10 369.63 390.79 410.70 49.68 95.02 136.57 174.80 210.12 242.84 273.28 301.64 328.17 353.02 376.35 398.30 410.98 PRESENT VALUE TABLE FOR WIDOWS. State of Missouri 85 36 49.78 95.40 137.39 176.16 212.10 245.51 276.66 306.79 333.08 358.70 382.79 405.50 426.92 37 49.88 95,78 138.17 177.46 213.99 247.58 279.89 309.72 337.73 364,08 388.90 - 412.37 434.42 38 49.97 96.13 138.90 178.67 215.76 250,42 282.90 313.40 342.08 369.11 394.59 418.66 441.41 -39 50.06 96.45 139.58 179.81 217.40 252.63 285.70 316.81 346.11 373.76 399.86 424.53 447.86 40 50.14 96.75 140.22 180.85 218.92 254.67 288.29 319.97 349.84 378.05 404.71 429.92 453.78 41 50.21 97.01 140.77 181.80 220.31 256.52 290,64 322.81 353.20 381.91 409.06 434.76 459.08 42 50.28 97.25 141.32 182.66 221.65 258.19 292.74 325.37 356.21 385,36 412.95 439.07 463.78 ■43 . 50.34 97.50 141.78 183.44 222.67 259.68 294.62 327.67 358.88 388.43 416.39 442.86 467.91 44 60.39 97.70 142.20 184.12 223.66 260.99 296.28 329.65 361.22 391.08 419.35 446.11 471.43 45 50.43 97.87 142.66 184.71 224.50 262.12 297.68 331.33 363.18 393.32 421.84 448.83 474.35 46 50.48 98.02 142.87 185.22 225.24 263.09 298.90 332.78 364.85 395.20 423.91 451.07 476.74 47 50.51 98.15 143.14 185.65 225,86 263.89 299.89 333.95 366.19 396.70 425.54 452,80 478.55 48 50.54 98.26 143.36 186,01 226.36 264,54 300.68 334.88 367.23 397.83 426.75 454.06 479.83 49 50.55 98.34 143.53 186.28 226.74 265.02 301.26 335.54 367,95 398.59 427.53 454.83 480.56 50 60.58 98.42 143.67 186.50 227.03 265.39 301.70 335.99 368.43 399.06 427.95 455.18 480.81 51 50.59 98.46 143.76 186.63 227.20 265.58 301.88 336.19 368.58 399.15 427.90 455.05 480.52 52 60.60 98.49 143.81 186.70 227.28 265.65 301.92 336.16 368.47 398.92 427.62 454.44 479.75 53 50.61 98.50 143.83 186.72 227.27 265.59 301.79 335.93 368.11 398.39 426.83 453.52 478.48 54 50.60 98.49 143.80 186.64 227.14 265.40 301.45 335.40 367.44 397.49 425.68 452.09 476.69 55 50.60 98.48 143.75 186.54 226.95 265.07 300.99 334.80 366.56 396.35 424.22 450.24 474.48 56 50.59 98.44 143.65 186.36 226.64 264.60 300.32 333.88 365.36 394.80 422.30 447.92 471.70 57 50.58 98.88 143.52 186.11 226.24 264.00 299.48 332.76 363.90 392.96 420.04 445.18 468.46 58 50.56 98.32 143.37 185.82 225.76 263.30 298.50 331.43 362.18 390.81 417.41 442.03 464.73 59 50.54 98.23 143.16 185.45 225.17 262.43 297.29 329.83 360.15 388.29 414,35 438.38 460.45 60 50.52 98.11 142.90 184.99 224.46 261.39 295.86 327.97 357.79 385.39 410.84 434.22 455.60 61 50.48 97.99 142.63 184.49 223.65 260.22 294.28 325.90 355.69 382.17 406.96 429.63 450.26 62 50.45 97.84 142.29 183.88 222.71 258.87 292.46 323.54 352.20 378.53 402.60 424.50 444.30 63 50.41 97.68 141.92 183.22 221.68 257.40 290.46 320.94 348.94 374.54 397,83 418.90 437.85 64 50.36 97.47 141.47 182.44 220.48 255.69 288.17 318.00 345.26 370.07 392.51 412.69 430.71 65 50.30 97.25 141.03 181.64 219.18 253.85 285.69 314.79 341.27 365.22 386.76 405.99 423.03 « 86 Workmen's Compensation Age. 1 2 3 4 5 6 7 8 9 10 11 12 13 66 $50.20 $96.95 $140.41 $180.66 $218.66 $251.61 $282.56 $310.80 $336.74 $359.65 $380.11 370.43 360.32 349.80 338.90 $398.67 387.65 376.28 364.48 352.29 $414.56 67 50.00 96.37 139.29 178.80 215.92 247.89 277.87 304.97 329.56 351.24 342.40 333.18 389.78 68 49.78 95.73 138.03 176.77 213.05 243.91 272.75 298.66 322.08 69 49.54 95.04 136.67 174.58 209.79 239.67 267.34 292.00 314.07 363.36 70 49.29 94.30 135.22 172.24 206.41 235.18 261.64 285.02 305.78 323.58 71 49.00 93.46 133.64 169.76 202.81 230.46 255.67 277.76 297.17 313.65 327.65 316.05 304.10 291.76 279.12 339.76 326.90 313.74 300.23 286.34 349.64 335.73 321.38 306.81 291.92 72 48.69 92.60 132.00 167.15 199.11 225.53 249.45 270.20 288.24 303.36 73 48.38 91.69 130.25 164.39 195.28 220.37 242.94 262.31 278.95 292.69 74 48.04 90.73 128.41 161.49 191.05 214.94 236.11 254.04 269.25 281.64 5 47.66 89.66 126.44 158.48 186.65 209.15 228.63 245.33 259.20 270.14 — PRESENT VALUE TABLE FOR WIDOWS—Continued. State of Missouri 87 VALUE OF $1 PER WEEK WITH INTEREST AT 6% OF COMPENSATION PAST DUE. (See Section 3702b, R. S. Missouri 1939) Compiled by Virgil Rule, Assistant Actuary, Missouri State In- surance Department Weeks. Present Accumulation. Weeks. Present Accumulation. 0 40 $40 9329 1 $1.0011 1 41.9799 2 2.0033 2 43 0281 3 3.0067 3 44.0774 4 4.0112 4 45.1280 5 5.0168 45 46.1797 0 6.0235 6 47 2326 7 7.0314 7 48.2867 8 8.0404 8 49.3419 9 9.0506 9 50.3984 10 10.0618 50 51.4560 1 11.0742 1 52.5148 2 12.0878 2 53.5748 3 13.1024 3 54.6360 4 14.1183 4 55.6984 15 15.1352 55 56.7619 6 16.1533 6 57.8267 7 17.1725 7 58.8927 8 18.1929 8 59.9598 9 19.2144 9 61.0282 20 20.2371 60 62.0977 1 21.2609 1 63.1684 2 22.2859 2 64.2404 3 23.3120 3 65.3135 4 24.3392 4 66.3879 25 25.3676 65 67.4634 6 26.3972 6 68.5402 7 27.4279 7 69.6182 8 28.4598 8 70.6973 9 29.4928 9 71.7777 30 30.6270 70 72.8593 1 31.5623 1 73.9421 2 32.5989 2 75.0262 3 33.6365 3 76.1114 4 34.6754 4 77.1979 35 35.7154 75 78.2855 6 36.7565 6 79.3744 7 37.7989 7 80.4645 8 38.8424 8 81.5659 9 39.8870 9 82.6484 88 Workmen's Compensation Weeks. Present Accumulation. Weeks. Present Accumulation. 80 $83.7422 125 $134.2530 1 84.8372 6. . 135 4047 2 85.9335 7 136.5576 3 87.0309 8 137.7118 4 88.1296 9 138.8674 85 89.2296 130. . 140 0242 6 90.3307 1 141.1823 7 91.4331 2 142.3417 8 92.5368 3 143.5024 9 93.6416 4 144.6644 90 94.7478 135 145.8277 1 95.8551 6 146.9924 2 96.9637 7 148.1583 3 98.0735 8 149.3255 4 99.1846 9. . . 150 4941 05 100.2969 140 151.6639 6 101.4105 1 152.8351 7 102.5253 2 154.0076 8 103.6414 3. . 155 1813 9 104.7587 4 156.3565 100 105.8773 145 157.5329 1 106.9971 6. . 158 7100 2 108 1182 7. 159 8897 3 109.2406 8 161.0701 4 110.3642 9. . 162 2518 105 111.4890 150 103 4348 6 112.6151 1 164.6192 7 113.7425 2 165 8049 8 114.8712 3 166.9919 9 116.0011 4 168.1802 110 117.1323 155 169.3699 1 118.2647 6. 170 5009 2 119.3984 7 171 7533 3 120.5334 8. 172 9409 4 121.6697 9 174.1420 115 122.8072 160 175.3383 6 123.9460 1 176.5360 7 125.0861 2 177.7350 8 126.2275 3. . 178 9354 9 127.3701 4. . . . 180 1371 120 128.5140 165 181.3402 1 129.6593 6 182.5446 2 130.8058 7 183.7504 3 131.9536 8 184.9575 4 133,1027 9 186.1660 PRESENT ACCUMULATION TABLE—Continued. State of Missouri 89 PRESENT ACCUMULATION TABLE—Continued. Weeks. Present Accumulation. Weeks. Present Accumulation. 170 $187.3758 215 $243 2452 1 188.5870 6 244 5190 2 / 189.7996 7 245.7942 3 191.0135 8. . . 247 0708 4 192.2287 9. . . 248 3488 175 193.4454 220 249.6283 6 194.6634 1 250 9092 7 195.8827 2 252 1916 8 197.1034 3 253.4754 9 198.3255 4 254 7606 180 199.5490 225.. . 256 0473 1 200.7738 6 257 3354 2 202.0001 7 258 6250 3 203.2277 8 259 9160 4 204.4567 9 261.2085 185 205.6870 230 262 5024 6 206.9187 1 263.7977 7 208.1518 2 265.0946 8 209.3863 3 266 3928 9 210.6222 4 267.6925 190 211.8594 235 268.9937 1 213.0981 6 270.2964 2 214.3381 7 271.6004 3 215.5795 8 272.9060 4 216.8223 9 274.2130 195 218.0665 240 275.5215 6 219.3121 1 276.8315 7 220.5591 2 278.1429 8 221.8075 3 279.4558 9 223.0573 4 280.7702 200 224.3085 245 282.0860 1 225.5611 6 283.4033 2 226.8151 7 284.7221 3 228.0705 8 286.0424 4 229.3273 9 287.3641 205 230.6855 250 288.6874 6 231.8452 1 290.0121 7 233.1062 2 291.3383 8 234.3687 3 292.6660 9 235.6325 4 293.9951 210 236.8977 255 295.3258 1 238.1644 6 296.6580 2 239.4324 7 297.9916 3 240.7019 8 299.3268 4 241.9728 9 300.6634 90 Workmen's Compensation PRESENT ACCUMULATION TABLE—Continued Weeks. Present Accumulation. Weeks. Present Accumulation. 260 $302.0016 305 $363.7993 1 303.3413 6 365 2083 2 304.6825 7 366.6188 3 306.0252 8 368.0310 4 307.3694 9 369.4447 265 308.7151 310 370.8600 6 310 0623 1 372 2769 7 311.4111 2 373 6954 8 312.7613 3 375.1155 9 314.1131 4 376.6372 270 315.4664 315 377.9605 1 316.8212 6 379.3853 2 318.1775 7 380.8118 3 319.5351 8 382.2399 4 320.8947 9 383 6696 275 322.2555 320 385.1008 6 323.6180 1 386.6337 7 324.9819 2 387.9682 8 326.3474 3 389 4043 9 327.7144 4 390.8420 280 329.0829 325 392.2813 1 330.4529 6 393.7222 2 331.8245 7 395.1648 3 333.1977 8 396.6089 4 334.5724 9 398.0547 285 335.9486 330 399 6021 6 337.3263 1 400.9511 7 338.7056 2 402 4018 8 340.0865 3 403.8541 9 341.4689 4 405 3080 290 342.8528 335 406.7635 1 344.2384 6 408 2207 2 345.6254 7 409.6795 3 347.0140 8. . . . 411 1399 4 348.4042 9 412.6020 295 349.7959 340 414.0657 6 351.1892 1 415.5310 7 352.5840 2 416.9980 8 363,9805 3 418.4667 9 355.3784 4 419.9370 300 356.7780 345 421.4089 1 358,1791 6 422.8825 2 359.5818 7 424.3577 3 360.9860 8 425.8346 4 362.3919 9 427.3132 State of Missouri 91 Weeks. Present Accumulation. Weeks. Present Accumulation. 350 $428.7934 395 $497.1486 1 430.2752 6 498.7071 2.' 431.7588 7. . . 500 2673 3 433.2439 8 501 8293 4 434.7308 9 503 3930 355 436.2193 400 504.9585 6 437.7095 1 506 5258 7 439.2014 2 508.0948 8 440.6949 3 509 6655 9 442.1901 4 511.2381 360 443.6870 405 512 8124 1 445.1856 6 514 3884 2 446.6858 7 515.9662 3 448.1877 8 517.5458 4 449.6913 9 519.1272 365 451.1966 410 520.7103 6 452.7036 1 522.2952 7 454.2123 2. . . . 523 8819 8 455.7226 3 526.4704 9 457.2347 4 527.0606 370 458.7484 415 528 6527 1 460.2639 6 530.2465 2 461.7810 7 531.8421 3 463.2998 8 633.4395 4 464.8204 9 535.0386 375 466.3426 420 536.6396 6 467.8666 1 538.2423 7 469.3922 2 539.8469 8 470.9196 3 541.4532 9. 472.4487 4 543.0614 380 473.9795 425 544.6714 1 475.5120 6 546.2831 2 477.0463 7 547.8967 3 478.5822 8 549.5121 4 480.1199 9 551.1292 385 481.6593 430 552.7482 6 483.2004 1 554.3691 7 484.7433 2 555.9917 8 486.2879 3 557.6161 9 487.8342 4 559.2424 390 489.3822 435 560.8705 1 490.9320 6 562.5004 2 492.4835 7 564.1322 3 494.0368 8 565.7658 4 495.5918 9 567.4012 PRESENT ACCUMULATION TABLE—Continued. 92 Workmen's Compensation PRESENT ACCUMULATION TABLE—Continued. Weeks. Present Accumulation. Weeks. Present Accumulation. 440 $569.0384 480 $636.0553 I 570.6775 1 687 7604 2 572.3184 2. 680 4856 3 573.9612 3 641.2036 4 575.6058 4. 642 0286 445 577.2522 485 644 6455 6 578.9005 6. 646 8608 7 580.5506 7. . . 648 0050 8 582.2026 8. . . . 640 8227 9 583.8565 9. . 651 5523 450 685.5122 490. 658 2880 1 587.1697 1 655.0174 2 588.8291 2 656.7529 3 590.4904 3. 658 4008 4 592.1535 4 660.2296 455 593.8185 495 661.9709 6 595.4854 6 663.7141 7 597.1541 7. 665 4508 8 598.8247 8. 667 2065 9 600,4972 9 668.9556 460 602.1715 500 670 7067 1 603.8479 1 672 4507 2 605.5259 2 674 2147 3 607.2059 3. 675 0717 4 608.8877 4 677 7807 465 610.5715 505 679.4916 6 612.2571 6 681.2545 7 613.9447 7 683.0193 8 615.6341 8 684.7862 9 617.3254 9 686 5550 470 619.0186 510 688 8258 1 620.7137 1 600 0086 2 622.4107 2. . . 601 8784 3 624.1096 3. . . 608 6502 4 625.8104 4 695.4289 475 627.5131 515. 607 2007 6 629.2177 6 698.9924 7 630.9242 7. 700 7772 8 632.6326 8 702 5680 9 634.3430 9. . 704 8527 520 706.1435 State of Missouri 93 With Death Rate per 1,000 and “Expectation of Life” (The “expectation of life” is the average number of years which a large number of persons of any given age have yet to live; that is, the sum of the years which all will live divided by the number of persons). AMERICAN TABLE OF MORTALITY. Age. Number living. Deaths each year. Death rate per 1,000. Expecta- tion of life. 10 100,000 749 7.49 48.72 11 99,251 746 7.52 48.08 12 98,505 743 7.54 47.45 13 97,762 740 7.57 46.80 14 97,022 737 7.60 46.16 15 96,285 735 7.63 45,50 16 95,560 732 7.66 44.85 17 94,818 729 7.69 44.19 18 94,089 727 7.73 43.53 19 93,362 725 7.76 42.87 20 92,637 723 7.80 42.20 21 91,914 722 7.85 41.53 22 91,192 721 7.91 40.85 23 90,471 720 7.96 40.17 24 89,751 719 8.01 39.49 25 89,032 718 8.06 38.81 26 88,314 718 8.13 38.12 27 87,596 718 8.20 37.43 28 86,878 718 8.26 36.73 29 86,160 719 8.34 36.03 30 85,441 720 8.43 35.33 31 84,721 721 8.51 34.63 32 84,000 723 8.61 33.92 33 83,277 726 8.72 33.21 34 82,551 729 8.83 32.50 35 36 81,822 81,090 732 737 8.95 9.09 31.78 31.07 37 80,353 742 9.23 30.35 38 79,611 749 9.41 29.62 39 78,862 756 9.59 28.90 40 78,106 765 9.79 28.18 41 77,341 774 10.01 27.45 42 76,567 785 10.25 26.72 43 75,782 797 10.52 26.00 44 74,985 812 10.83 25.27 45 74,173 828 11.16 24.54 46 73,345 848 11.56 23.81 47 72,497 870 12.00 23.08 48 71,627 896 12.51 22,36 49 70,731 927 13.11 21.63 50 69,804 962 13.78 20.91 51 68,842 1,001 14.54 20.20 52 67,841 1,044 15.39 19.49 53 66.797 1,091 16.33 18.79 54 65,706 1,143 17.40 18.09 94 Workmen's Compensation AMERICAN TABLE OF MORTALITY—Continued. With Death Rate per 1,000 and “ Expectation of Life” Age. Number living. Deaths each year. Death rate per 1,000. Expecta- tion of life. 55 64,563 1,199 18.57 17.40 56 63,364 1,260 19.88 16.72 57 62,104 1,325 21.33 16.05 58 60,779 1,394 22.94 15.39 59 59,385 1,468 24 72 14.74 60 57,917 1,546 26.69 14.10 61 56,371 1,628 28.88 13.47 62 54,743 1,713 31.29 12.86 63 63,030 1,800 33.94 12.26 64 51,230 1,889 36.87 11.67 65 49,341 1,980 40.13 11.10 66 47,361 2,070 43.71 10.54 67 45,291 2,158 47.65 10.00 68 43,133 2,243 52.00 9.47 69 40,890 2,321 56.76 8.97 70 38,569 2,391 61.99 8.48 71 36,178 2,448 67.66 8.00 72 33,730 2,487 73.73 7.55 73 31,243 2,505 80.18 7.11 74 28,738 2,501 87.03 6.68 75 26,237 2,476 94.37 6.27 76 23,761 2,431 102.31 5.88 77 21,330 2,369 111.06 5.49 78 18,961 2,291 120.83 5.11 79 16,670 2,196 131.73 4.74 80 14,474 2,091 144.47 4.39 81 12,383 1,964 158.60 4.05 82 10,419 1,816 174.30 3.71 83 8,603 1,648 191.56 3.39 84 6,955 1,470 211.36 3.08 85 5,485 1,292 235.55 2.77 86 4,193 1,114 265.68 2.47 87 3,079 933 303.02 2.18 88 2,146 744 346.69 1.91 89 1,402 555 395.86 1.66 90 847 385 454.54 1.42 91 462 246 532.47 1.19 92 216 137 634.26 .98 93 79 58 734.18 .80 94 21 18 857.14 .64 95 3 3 1,000.00 .50