COMPENSATION TO WORKMEN [Jan., the award of compensation proportionately to any prejudice which he shall find the employer has sustained by reason of such failure; but the burden of proof with respect to such prejudice shall rest upon the employer. The employer, as soon as he has knowledge of any such injury, shall provide a competent physician or surgeon to attend the injured employee, and in addition shall furnish such medical and surgical aid or hospital service as such physician or surgeon shall deem reasonable or necessary. In the event of the failure of the employer promptly to provide such physician or surgeon or medical, surgical or hospital service, the injured employee may provide such physician or surgeon or medical, surgical or hospital service at the expense of the employer; or, at his option, the injured employee may refuse the medical, surgical and hospital service provided by his employer and provide the same at his own expense. If it shall appear to the commissioner that an injured employee has refused to accept or failed to provide such reasonable medical, surgical or hospital service, all rights of compensation under the provisions of this act shall be suspended during such refusal or failure. The pecuniary liability of the employer for the medical, surgical or hospital service herein required shall be limited to such charges as prevail in the same community or similar communities for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons. In the case of a seaman employed upon any enrolled vessel of the United States and entitled, by the provisions of any law of the United States, to medical or surgical aid or hospital service without charge, such medical or surgical aid or hospital service may be substituted for that provided for in this section so far as it may answer the requirements of the provisions of this section, but nothing herein shall excuse the employer in such cases from giving emergency treatment when required; and any employer desiring to take advantage of this provision shall ascertain that such services as are provided for by the laws of the United States are rendered. SEC. 3. Section eight of part B of said act as amended by section four of chapter 288 of the public acts of 1915 is amended to read as follows: No compensation shall be payable for total or partial incapacity under the provisions of this act on account of any injury which does not incapacitate the injured employee for a period of more than seven days from earning full wages at his customary employment; but if incapacity extends beyond a period of seven days compensation shall begin at the expiration of the first seven days of total or partial incapacity. In all contracts between parties subject to part B, the injured employee shall be entitled to full wages for the entire day of the injury and said day shall not be counted as a day of incapacity. CHAP. 368 SEC. 4. Section nine of part B of said act as amended by compensation section five of chapter 288 of the public acts of 1915 is amended for fatal to read as follows: Compensation shall be paid on account of injuries. death resulting from injuries within two years from date of injury as follows: (a) For burial expenses, one hundred dollars; (b) to those wholly dependent upon the deceased employee at the time of his injury, a weekly compensation equal to half of the average weekly earnings of the deceased at the time of his ́injury; (c) in case there is no one wholly dependent upon the deceased employee, to those partially dependent upon the deceased employee at the time of his injury, a weekly compensation not exceeding that payable to those wholly dependent and in such proportionate sum as may be determined according to the measure of dependence; but the compensation payable on account of death resulting from injuries shall in no case be more than fourteen dollars or less than five dollars weekly, and such compensation shall not continue longer than three hundred and twelve weeks after death. The compensation on account of death payable under the provisions of this act to a widow or widower of a deceased employee shall not cease with the death of such widow or widower, but, upon her or his death within the period during which such compensation is payable, it shall continue to be paid for the remainder of such period to her or his dependents as defined in section forty-three. defined. SEC. 5. Section ten of part B of said act as amended by "Dependence" section six of chapter 288 of the public acts of 1915 is amended to read as follows: The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee: (a) A wife upon a husband with whom she lives at the time of his injury or from whom she receives support regularly; (b) a husband upon a wife with whom he lives at the time of her injury or from whom he receives support regularly; (c) any child under the age of eighteen years, or over said age but physically or mentally incapacitated from earning, upon the parent with whom he is living or from whom he is receiving support regularly at the time of the injury of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent the death benefit shall be divided equally among them. In all other cases, questions of dependency shall be determined in accordance with the fact, as the fact may be at the time of the injury. In such other cases, if there is more than one person wholly dependent, the compensation in case of death shall be divided equally among them, and persons partially dependent, if any, shall receive no part thereof. If there is no person wholly dependent and more than one person partially dependent, the compensation in case of death shall be divided. among them according to the relative degree of their dependence. For the purposes of this act the dependence of a widow or wid 2534 CHAP. 368 Compensation for total incapacity. Compensation for partial incapacity. COMPENSATION TO WORKMEN [Jan., ower of a deceased employee shall be construed to terminate with remarriage, but upon remarriage within the period during which such compensation is payable, it shall continue to be paid for the remainder of such period to other dependents of the deceased employee, as defined in section forty-three of part B, provided there are any such dependents. The presumptive dependence of a child as hereinbefore defined, except a child physically or mentally incapacitated from earning, shall be construed to terminate at the age of eighteen years. Compensation under the provisions of this act shall be paid to alien dependents in half the amounts indicated in this act, unless such alien dependents are residents of the United States, or its dependencies, or Canada, such alienage to be determined as of the date of the injury. The other half of the normal compensation may be paid in accordance with the rules of apportionment herein provided to such persons resident in the United State, or its dependencies, or Canada, if any there be, as would be entitled to compensation were there no such nonresident alien dependents. SEC. 6. Section eleven of part B of said act as amended by section seven of chapter 288 of the public acts of 1915 is amended to read as follows: In case the injury results in total incapacity to work, there shall be paid to the injured employee a weekly compensation equal to half of his average weekly earnings at the time of the injury; but the compensation shall in no case be more than fourteen dollars or less than five dollars weekly; and such compensation shall not continue longer than the period of total incapacity, or in any event longer than five hundred and twenty weeks. The following injuries of any person shall be considered as causing total incapacity and compensation shall be paid accordingly: (a) Total and permanent loss of sight in both eyes, or the reduction to one-tenth or less of normal vision with glasses; (b) the loss of both feet at or above the ankle; (c) the loss of both hands at or above the wrist; (d) the loss of one foot at or above the ankle and one hand at or above the wrist; (e) any injury resulting in permanent and complete paralysis of the legs or arms or of one leg and one arm; (f) any injury resulting in incurable imbecility or insanity. SEC. 7. Section twelve of part B of said act as amended. by section eight of chapter 288 of the public acts of 1915 is amended to read as follows: In case the injury results in partial incapacity, there shall be paid to the injured employee a weekly compensation equal to half the difference between his average weekly earnings before the injury and the amount he is able to earn thereafter. Such compensation shall in no case be more than fourteen dollars weekly and shall continue during the period of partial incapacity, but not longer than three hundred and twelve weeks. If the employer procures for an injured employee employment suitable to his capacity the wages offered in such employment shall be taken as the earning capacity of the injured employee. In case of the following injuries the compensation, in lieu of all other payments, shall be half of the average weekly earnings of the injured employee prior to such injury for the terms respectively indicated, but in no case more than fourteen dollars or less than five dollars weekly: (a) For the loss of one arm at or above the elbow, or the complete and permanent loss of the use of one arm, two hundred and eight weeks; (b) for the loss of one hand at or above the wrist, or the complete and permanent loss of the use of one hand, one hundred and fifty-six weeks; (c) for the loss of one leg at or above the knee, or the complete and permanent loss of the use of one leg, one hundred and eighty-two weeks; (d) for the loss of one foot at or above the ankle, or the complete and permanent loss of the use of one foot, one hundred and thirty weeks; (e) for the complete and permanent loss of hearing in both ears, one hundred and fifty-six weeks; (f) for the complete and permanent loss of hearing in one ear, fifty-two weeks; (g) for the complete and permanent loss of sight in one eye, or the reduction in one eye to one-tenth or less of normal vision with glasses, one hundred and four weeks; (h) for the loss of, or the complete and permanent loss of the use of, a thumb, thirty-eight weeks; (i) for the loss of or the complete and permanent loss of the use of, a first finger or a great toe, thirty-eight weeks; (j) for the loss of, or the complete and permanent loss of the use of, a second finger, thirty weeks; a third finger, twenty-five weeks; a fourth finger, twenty weeks; (k) for the loss of, or the loss of the use of, any toe except the great toe, thirteen weeks. The loss of, or the loss of the use of, one phalanx of a thumb shall be construed as half of the loss of the thumb; the loss of, or the loss of the use of, one phalanx of a finger shall be construed as one-third of the loss of the finger; the loss of, or the loss of the use of, two phalanges of a finger shall be construed as two-thirds of the loss of the finger; and the loss of the greater part of a phalanx shall be construed as the loss of a phalanx; and shall be compensated accordingly. In case the injury shall consist of the loss of a substantial part of a member resulting in a permanent partial loss of use of the member, or in case the injury results in a permanent partial loss of function, the commissioner may in his discretion, in lieu of other compensation, award to the injured person such a proportion of the sum herein provided for the total loss or loss of use of such member or for incapacity or both as shall represent the proportion of total loss or loss of use found to exist, and any voluntary agreement submitted in which the basis of settlement is such proportionate payment, may, if otherwise conformable to the act, be approved by the commissioner in his discretion. The word "member" shall include all portions of the human body referred to in subsections (a) to (k), both inclusive. CHAP. 368 2536 CHAP. 368 Average weekly earnings. Revision of awards. Salaries and expenses of commissioners. SEC. 8. Section thirteen of part B of said act is amended to read as follows: For the purposes of this act, the average weekly wage shall be ascertained by dividing the total wages received by the injured workman from the employer in whose service he is injured during the twenty-six calendar weeks immediately preceding that during which he was injured, by the number of said calendar weeks during which, or any portion of which, said workman was actually employed by said employer, provided, in making such computation, absence for seven consecutive calendar days, although not in the same calendar week, shall be considered as absence for a calendar week. When the employment commenced other than at the beginning of a calendar week, such calendar week and the wages earned during such week shall be excluded in making the above computation. When the employment, previous to injury as provided above, is computed to be less than a net period of two calendar weeks, then his weekly wage shall be considered to be equivalent to the average weekly wage prevailing in the same or similar employment in the same locality at the time of injury. For the purpose of determining the amount of compensation to be paid in the case of a minor under the age of eighteen years who has sustained an injury entitling him to compensation for total or partial incapacity for a period of fifty-two or more weeks, or to specific indemnity for any of the injuries enumerated in sub-sections (a) to (k), both inclusive, of the last-preceding section, the commissioner may add fifty per centum to his average weekly wage. SEC. 9. Section fifteen of part B of said act as amended by section nine of chapter 288 of the public acts of 1915 is amended to read as follows: Any award of, or voluntary agreement concerning compensation made under the provisions of this act shall be subject to modification, upon the request of either party and in accordance with the procedure for original determinations, whenever it shall appear to the compensation commissioner that the incapacity of an injured employee has increased, decreased or ceased, or that the measure of dependence, on account of which the compensation is paid, has changed, or that changed conditions of fact have arisen which necessitate a change of such agreement or award in order to properly carry out the spirit of this act. The commissioner shall also have the same power to open and modify an award as any court of the state has to open and modify a judgment of such court. The compensation commissioner shall retain jurisdiction over claims for compensation, awards and voluntary agreements, for any proper action thereon, during the whole compensation period applicable to the injury in question. SEC. 10. Section nineteen of part B of said act as amended by section eleven of chapter 288 of the public acts of 1915 is amended to read as follows: Each of the commissioners shall |