To whom paid

Question of dependency determined,

how

Compensation for

injury commences, when

Proviso

Compensation cannot

(4) If the deceased employee leaves dependent surviving spouse, the full compensation shall be paid to such spouse; but if the dependent surviving spouse dies before payment is made in full, the balance remaining shall be paid to the person or persons wholly dependent, if any, share and share alike. If there be no person or persons wholly dependent, then payment shall be made to partial dependents.

(5) In all other cases questions of dependency in whole or in part shall be determined in accordance with the fact as the fact may be 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 equally divided among them, and persons partially dependent, if any, shall receive no part thereof. If there is no one wholly dependent and more than one person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency; provided, however, that when a lump sum is paid as contemplated by this act, the court or commission in making distribution thereof, shall take into consideration the contingent rights of partial beneficiaries or the rights of those who may become such after a wholly dependent child or children become sixteen years of age.

(6) Step-parents shall be regarded in this act as parents. (7) Adopted child or children or step-child or children shall be regarded in this act the same as if issue of the body.

SEC. 27. No compensation shall be paid under this act for an injury which does not incapacitate the employee for a period of at least two weeks from earning full wages, but if incapacity extends beyond the period of two weeks, compensation shall begin on the fifteenth day after the injury; provided, however, that if such disability continues for eight weeks or longer, such compensation shall be computed from the date of the injury.

SEC. 28. No money paid, or payable, under this act out of the state insurance fund shall, prior to the issuance and be assigned, delivery of the warrant therefor, be capable of being assigned; nor shall the same be ever taken in execution, or attached or garnished, nor shall same pass to any other person by operation of law. Any such assignment or charge shall be void.

and is

exempt from execution

workman

SEC. 29. No employer or workman shall exempt himself Employer or from the burden, or waive the benefits of this act by any contract, agreement, rule, regulation or device; and any such contract, agreement, rule, regulation or device shall be absolutely void.

cannot, by contract.

exempt himself

sum, $300

SEC. 30. Upon the marriage of a widow, she shall receive Marriage of once and for all, a lump sum equal to twelve times her widow, lump monthly allowance, not to exceed, however, the sum of $300; provided, however, that allowance shall be made by the commission for the support of minor children under the age of sixteen years; the total amount thereof to be not less than

Proviso

$10, nor more than $35 per month, to be fixed by the commission.

SEC. 31. The Nevada industrial commission, may, in its Lump sum discretion, allow the conversion of the compensation herein wayment, provided for into a lump sum payment, not to exceed the sum of $5,000, under such rules and regulations and system of computation as may be devised for obtaining the present value of such compensation.

must submit

tion, when

SEC. 32. Any workman entitled to receive compensation Workman under this act is required, if requested by the commission, to to medical submit himself for medical examination at a time and from examinatime to time at a place reasonably convenient for the workman and as may be provided by the rules of the commission. If the workman refuses to submit to any such examination, or obstructs the same, his rights to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period.

must report

SEC. 33. Whenever any accident occurs to any workman Employer it shall be the duty of the employer to at once report such accident to accident and the injury resulting therefrom to the commis- commission sion, and also to any local representative of the commission.

Such report shall state:

shall state

(1) The time, cause and nature of the accident and What report injuries, and the probable duration of the injury resulting therefrom.

(2) Whether the accident arose out of or in the course of the injured person's employment.

(3) Any other matters the rules and regulations of the commission may prescribe.

tion

SEC. 34. (a) Where a workman is entitled to compensa- Workman to tion under this act he shall file with the department, his file applicaapplication for such, together with the certificate of the physician who attended him, and it shall be the duty of the physician to inform the injured workman of his rights under this act and to lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the workman.

death

(b) Where death results from injury to parties entitled to Procedure compensation under this act, or some one in their behalf, when shall make application for the same to the department, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the department.

tion, how

(c) If change of circumstances warrant an increase or Change of rearrangement of compensation, like application shall be compensamade therefor. No increase or rearrangement shall be operative for any period prior to application therefor.

(d) No application shall be valid or claim thereunder Claims must enforceable unless filed within one year after the day upon which the injury occurred or the right thereto accrued.

be filed

within one

year

Books,

SEC. 35. The books, records and payrolls of the employer pertinent to the administration of this act shall always be open to inspection by the commission or its traveling auditor, agent or assistant, for the purpose of ascertaining the corcommission rectness of the payroll, the men employed, and such other

records and payrolls of employer open to

refusal

information as may be necessary for the commission and its management under this act. Refusal on the part of the Penalty for employer to submit said books, records and payrolls for such inspection to any member of the commission or any assistant presenting written authority from the commission, shall subject the offending employer to a penalty of one hundred dollars for each offense, to be collected by civil action in the name of the Nevada industrial commission and paid into the accident fund, and the individual who shall personally give such refusal shall be guilty of a misdemeanor.

tation, how punished

SEC. 36. Any employer who shall misrepresent to the Misrepresen- department the amount of payroll upon which the premium under this act is based shall be liable to the Nevada industrial commission in ten times the amount of the difference in premium paid and the amount the employer should have Civil action, paid. The liability to the Nevada industrial commission shall be enforced in a civil action in the name of the Nevada industrial commission. All sums collected under this section shall be paid into the accident fund.

when

Default of employer, how

collected

SEC. 37. If any employer shall default in any payment to the accident fund hereinbefore in this act required, the sum due shall be collected by action at law in the name of the Nevada industrial commission as plaintiff, and such right of action shall be in addition to any other right of action or remedy. In respect to any injury happening to any of his workmen during the period of any default in the payment of any premium under section 6, the defaulting employer shall not, if such default be after demand for payment, be entitled to the benefits of this act, but shall be liable to suit by the injured workman (or the husband, wife, child or dependent of such workman in case death result from the accident) as he would have been prior to the passage of this act. In case the recovery actually collected in such suit shall equal or exceed the compensation to which the plaintiff therein would be entitled under this act, the plaintiff shall not be paid anything out of the accident fund; if the said amount shall be less than such compensation under this act, the accident fund shall contribute the amount of the deficiency. The person so entitled under the provisions of this section to sue shall have the choice (to be exercised before suit) of proceeding by suit or taking under this act. If such person shall take under this act, the cause of action against the employer shall be assigned to the Nevada industrial commission for the benefit

of the accident fund. In any suit brought upon such cause of action the measure of liability shall be as provided in section 1, subdivision c-1, 2, 3 and 4 of this act. Any such cause of action assigned to the Nevada industrial commission may be prosecuted or compromised by the department in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the written. approval of the department.

to prosecute,

actions

SEC. 38. The Nevada industrial commission is hereby Commission authorized and empowered to prosecute, defend and main- defend and tain actions in the name of the commission for the enforce- maintain ment of the provisions of this act, and verification of any pleading, affidavit or other paper required may be made by any member of the commission or by the secretary thereof. In any action or proceeding or in the prosecution of any appeal by the commission, no bond or undertaking shall ever be required to be furnished by the commission.

liable to

damages for

taining

SEC. 39. If any workman be injured because of the Employer absence of any safeguard or protection required to be pro- commission vided or maintained by, or pursuant to, any statute or ordi- in money nance or any departmental regulation under any statute, or not mainbe at the time of the injury of less than the maximum age safeguards prescribed by law for the employment of the minor in the occupation in which he shall be engaged when injured, the employer shall be liable to the Nevada industrial commission for a penalty of not less than $300 or more than $2,000 to be collected in a civil action at law by the commission.

vision does

The foregoing provision of this act shall not apply to the When proemployer if the absence of such guard or such protection be not apply due to the removal thereof by the injured workman himself, or with his knowledge, by any fellow-workman, unless such removal be by order or direction of the employer or superintendent or foreman of the employer. If the removal of such guard or protection be by the workman himself, or be by his consent, by any of his fellow-workmen, unless done by order or direction of the employer or superintendent or foreman of the employer, the compensation of such injured workman, as provided for by section 25 of this act, shall be reduced twenty-five per cent.

liable for

SEC. 40. The State of Nevada shall not be liable for the State not payment of any compensation under this act, save and except payment from the said state insurance fund, to be derived from the payment of premiums as provided in this act.

commission

SEC. 41. The expenses of the administration of the com- Expenses of mission, including the payment of the salaries of commission- restricted ers, and other expenses other than the payment of compensation under this act, shall not exceed ten per cent of the amount of premiums paid into said insurance fund.

SEC. 42. This act shall be known as the "Nevada Indus- Title of act trial Insurance Act."

in application of act

SEC. 43. This act shall apply to all employers of labor in Exceptions the State of Nevada and their employees and the dependents of their employees, except domestic servants and farm laborers, and no contract of employment, insurance, relief benefit or indemnity of any other device shall modify, change or waive any liability created by this act, and such contract of employment, relief benefit, insurance or indemnity, or other device having for its purpose the waiver or modification of the terms or liability created by this act shall be void.

Further

exceptions

Further provisions regarding time limits

Disposition

SEC. 44. If any employer shall be adjudicated to be outside the lawful scope of this act, the act shall not apply to him or his workman, or if any workman shall be adjudicated to be outside the lawful scope of this act because of remoteness of his work from the hazard of his employer's work, any such adjudication shall not impair the validity of this act in other respects, and in every such case an accounting in accordance with the justice of the case shall be had of moneys received. If the provisions of section 21 of this act for the creation of the insurance fund, or the provisions of this act making the compensation to the workman provided in it exclusive of any other remedy on the part of the workman, shall be held invalid, the entire act shall be thereby invalidated except the provisions of section 46, and an accounting according to the justice of the case shall be had of moneys received. In other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any other part thereof.

SEC. 45. If the provisions of this act relative to compensation for injuries to or death of workmen become invalid because of any adjudication, or be repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this act by lump payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the invalidity shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death; provided, that such action be commenced within one year after such repeal or adjudication; but in any such action any sum paid out of the insurance fund to the workman on account of injury, to whom the action is prosecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have paid without delinquency into the insurance fund the payment provided for by section 21, such sums shall be credited upon the recovery as payment thereon, otherwise the sum shall not be so credited, but shall be deducted from the sum collected and be paid into the said fund from which they had been previously disbursed.

SEC. 46. If this act shall be hereafter repealed, all moneys which are in the insurance fund at the time of the repeal shall in fund if act be subject to such disposition as may be provided by the legis lature, and in default of such legislative provision distribu

of moneys

is ever

repealed