m 
 
 ^ 
 
 Cornell University Library 
 
 HD7816.U7N3 1917a 
 
 ... Nevada industrial insurance act. ch 
 
 3 1924 002 296 139 
 
 HD 
 7816 
 
 1917«L 
 
 Nevads. Laws, statutes, etc. 
 
 Nevada industrial insurance ret, shPTDter 111, 
 Statutes of 1913. PS amended by chn-oter 190, 
 Statutes of 1915, and chsTjter ?3'3, Statutes of 
 1917. 
 
 HD 
 
 U7 
 
 N3 
 
 1^17* 
 
THE LIBRARY 
 
 OF THE 
 
 NEW YORK STATE SCHOOL 
 
 OF 
 
 INDUSTRIAL AND LABOR 
 
 RELATIONS 
 
 AT 
 CORNELL UNIVERSITY 
 
The original of tliis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924002296139 
 
STATE OF NEVADA l^M^^ 
 
 Hi 
 
 NEVADA INDUSTRIAL 
 INSURANCE ACT 
 
 Chapter 111, Statutes of 1 9 1 3, as amended by Chapter 1 90, 
 Statutes of 19.15, and Chapter 233, Statutes of 191 7 
 
 NOTE — The Act, as amended by Chapter 233, 
 
 Statutes of 1 9 1 7, effective on and 
 
 after July 1,1917 
 
 Compiled and Issued by the 
 NEVADA INDUSTRIAL COMMISSION 
 
 Address all correspondence without personal name to 
 Nevada Industrial Commission, Carson City, Nevada 
 
 ' ) !" 
 
TEXT OF THE LAW 
 
 Chapter 111, Statutes of 1913, as amended by Chapter 
 190, Statutes of 1915, and Chapter 233, Statutes 
 of 1917. 
 
 CHAP. Ill— An Act relating to the compensation of injured workmen 
 in the industries of this state and the compensation to their depen- 
 dents where such injuries result in death, creating an industrial 
 insurance commission, providing for the creation and disbursement 
 of funds for the compensation and care of workmen injured in the 
 course of employment, and defining and regulating the liability of 
 employers to their employees; and repealing all acts and parts of 
 acts in conflict with this act. 
 The People of the State of Tievada, represented in Senate and 
 Assembly, do enact as follows: 
 
 Section 1. (a) When, as in this act provided, an employer 
 shall accept the terms of this act and be governed by 
 its provisions, every such employer shall be conclusively 
 presumed to have elected to provide, secure, and pay 
 compensation according to the terms, conditions, and 
 provisions of this act for any and all personal injuries 
 by accident sustained by an employee arising out of and 
 in the course of the employment; and in such eases the 
 employer shall be relieved from other liability for recovery 
 of damages or other compensation for such personal injury, 
 unless by the terms of this act otherwise provided. 
 
 (b) Where a state, county, municipal corporation, school 
 district, cities under special claarter and commission form of 
 government, is the employer, the terms, conditions and 
 provisions of this act, for the payment of premiums to the 
 state insurance fund for the payment of compensation and 
 amount thereof for such injury sustained by an employee 
 of such employer, shall be conclusive, compulsory, and 
 obligatory upon both employer and employee. 
 
 (c) If an employer having the right under the provisions 
 of this act to accept the terms, conditions and provisions 
 thereof, shall fail to accept the same as herein provided, 
 every such employer shall be deemed to have rejected the 
 terms, conditions, and provisions thereof, and in such case 
 such employer shall not escape liability for personal injury 
 by accident sustained by an employee of such employer when 
 the injury sustained arises out of and in the usual course 
 of the employment, because: 
 
 (1) The employee assumed the risks inherent or incidental 
 to, or arising out of, his or her employment; or the risks 
 arising froni the failure of the employer to provide and 
 maintain a reasonably safe place to work, or the risks arising 
 from the failure of the employer to furnish reasonably safe 
 tools or appliances, or because the employer exercised reason- 
 able^ ca^e , i^; is^lectiijg reasion9.t)ly qompetent employees in 
 the business ; ' ' i . ' i > > i i 
 
3 1j3 
 
 / ?n 
 
 (2) That the injury was caused by the negligence of a 
 eoemployee ; 
 
 (3) That the employee was negligent, unless and except 
 It shall appear that such negligence was wilful and with 
 intent to cause the injury, or the result of intoxication on 
 the part of the injured party; 
 
 (4) In actions by an employee against an employer for 
 personal injuries sustained, arising out of and in the course 
 of the employment where the employer has rejected the pro- 
 visions of this act, it shall be presumed that the injury to the 
 employee was the first result, and growing out of the negli- 
 gence of the employer; and that such negligence was the 
 proximate cause of the injury ; and in such case the burden 
 of proof shall rest upon the employer to rebut the presump- 
 tion of negligence. 
 
 (d) Every such employer shall be conclusively presumed 
 not to have elected to provide, secure, and pay compensa- 
 tion to employees for injuries sustained arising out of and 
 in the course of the employment according to the provisions 
 of this act, unless and until notice in writing of an election 
 to accept shall have been given to the Nevada industrial 
 commission, substantially in the following form : 
 
 employer's notice to accept 
 To the Nevada Industrial Commission : 
 
 You are hereby notified that the undersigned accepts the 
 provisions of the "Nevada Industrial Insurance Act." 
 
 Signed 
 
 (e) Where the employer has given notice of an election to 
 accept the terms of this act, and the employee has not given 
 notice of an election to reject the terms of this act, every 
 contract to hire, express or implied, shall be construed as an 
 implied agreement between them, and a part of the contract 
 on the part of the employer to provide, secure and pay, and 
 on the part of the employee to accept, compensation in the 
 manner as by this act provided for all personal injuries 
 sustained arising out of and in the course of employment. 
 
 (f) Every such employer electing to be governed by the 
 provisions of this act, before becoming entitled to the bene- 
 fits of the act in the providing,, securing, and paying of 
 compensation to the employees thereunder, shall, on or 
 before the first day of July, 1917, and thereafter during 
 the period of his election to be governed by the provisions 
 of the act, pay to the Nevada industrial commission all pre- 
 miums in the manner hereinafter provided ; and during the 
 period of his election to be governed by the provisions of 
 the act shall comply with all conditions and provisions of the 
 act, hereinafter stated. 
 
 (g) Failure on the part of any such employer to pay the 
 premiums as by the provisions of this act required shall 
 operate as a rejection of the terms of the act. In the event 
 of any rejection of this act or the terms hereof, such reject- 
 ing employer shall post ^jnqtiee of rejection of the tei-ms of 
 
the act upon his premises in a conspicuous place. Failure 
 to post said notice shall constitute a misdemeanor. 
 
 (h) It shall be the duty of such employer at all times to 
 maintain the notice or notices so provided for the informa- 
 tion of his employees, and any person failing so to maintain 
 the same shall be guilty of a misdemeanor. As amended, 
 Stats. 1915, c. 190, and Stats. 1917, c. 233. 
 
 Sec. 2. No compensation under this act shall be allowed 
 for an injury caused : 
 
 (a) By the employee's wilful intention to injure himself or 
 to wilfully injure another ; nor shall compensation be paid to 
 an injured employee if injury is sustained while intoxicated. 
 
 Sec. 2%. It shall be unlawful for any employer who 
 has elected to reject the terms, conditions and provisions of 
 this act, to make any charge against any employee, or to 
 deduct from the wages of any employee any sum of money 
 to meet the costs, in whole or in part, of the liability incurred 
 by the employer by reason of his rejection of the Nevada 
 industrial insurance act. Any such employer who makes a 
 deduction for such purpose from the salary or wage of any 
 employee shall be guilty of a misdemeanor, and shall, upon 
 conviction, be fined not less than one hundred ($100) dollars 
 nor more than five hundred ($500) dollars for each offense. 
 It is hereby made the duty of the district attorney of the 
 county where a violation of this provision is charged to 
 prosecute such cases upon complaint of the commission, or 
 upon complaint of any employee who submits proper evidence 
 of a violation of this provision. Added, Stats. 1917, c. 233. 
 
 Sec. 3. (a) The rights and remedies provided in this act 
 for an employee on account of an injury shall be exclusive of 
 all other rights and remedies of such employee, his personal 
 or legal representatives, dependents or next of kin, at common 
 law or otherwise on account of such injury; all employees 
 affected by this act shall be conclusively presumed to have 
 elected to take compensation in accordance with the terms, 
 conditions, and provisions of this act until notice in writing 
 shall have been served upon his employer, and also on the 
 Nevada industrial commission, with return thereon by affidavit 
 showing the date upon which notice was served upon the 
 employer. 
 
 (b) In the event that such employee elects to reject the 
 terms, conditions, and provisions of this act, the rights and 
 remedies thereof shall not apply where an employee brings 
 an action or takes proceedings to recover damages or com- 
 pensation for injuries received growing out of and in the 
 course of his employment, except as otherwise provided by 
 this act ; and in such actions where the employee has rejected 
 the terms of this act the employer shall have the right to 
 plead and rely upon any and all defenses, including those at 
 common law, and the rules and defenses of contributory negli- 
 gence, assumption of risk and fellow servant shall apply and 
 be available to the employer unless otherwise provided in this 
 act ; pVdmd6d', •hokeveV, that if ain'empl'ciyee sustains an injury 
 
 If I' i; ;' ; 1 /. 1 ; :: )i I , v.' w 
 
as the result of the employer's failure to furnish or fails to 
 exercise reasonable care to keep or maintain any safety device 
 required.by statute or rule, or violate any of the statutory 
 provisions or rules and regulations now or hereafter in force 
 relating to safety of employees, the doctrine of assumed risk in 
 such case growing out of the negligence of the employer shall 
 not apply or be available as defensive matter to such offending 
 party. The notice required to be given by an employee shall 
 be substantially in the f oll(?Ving f orm : 
 
 employees' notice 3:0 EBJECT TERMS OP THIS ACT 
 
 To.... (Name of employer). ...and the Nevada Industrial Com- 
 mission : ' 
 
 You and each of you are hereby notified that the under- 
 signed elects to reject the terms, conditions, and provisions 
 of an act for the payment of compensation as provided by 
 the industrial insurance act of the State of Nevada and acts 
 amendatory thereto, and elects to rely upon the common law 
 ; as modified by section 3 of the said act for the right to recover 
 , for personal injury which I may receive, if any, growing out 
 of and arising from the employment while in line of duty for 
 my employer above named. Signed 
 
 Dated this....day of., ...i , 19...1. 
 
 State of Nevada, County of... .^. ..., ss. 
 
 The undersigned being first duly" sworn deposes and says 
 
 that the written notice wa^ on the day of... 19...., 
 
 served on the within-named employer of the undersigned by 
 
 delivering to.... ^. (name of person served) a true, correct, 
 
 and verbatim copy thereof. ^ ' 
 
 • Subscribed and sworn (or afflrmed) to before me. by the 
 
 said ....L this ..day of ,19..:.. . , 
 
 ' , Notary Public. 
 
 Sec. 4. (a) When the employer has accepted the terms 
 of this act, or the employee has rejected the terms thereof 
 , in compliance with the provisions of this act, such election 
 shall continue and be in force until such employer shall 
 (thereafter reject the provisions of this act, or said employee^ 
 accept the provisions qf this act, respectively, as provided in' 
 subsection (b) of this section. 
 
 (b) When an employer accepts, or an employee rejects, 
 the provisions of this act, such party may at any time there- 
 after elect to waive I such acceptance or rejection by giving 
 notice in writing in the same manner required by the 
 employer in accepting, or by the employee in rejecting, the 
 provisions of this act, and which shall become effective when 
 filed with the Nevada industrial commission. As aniended, 
 :Stats. 1915, c. 190, and Stats. 1917, c. 233. 
 , Sec. 5. Where the employer and employee elect to reject 
 the terms, couditions, and provisions of this act, the liability, 
 of' the employer shall be the same as though the employee 
 had not rejected the terms, conditions, and provisions thereof. 
 
 Sec. 6. An employer having come under this act, who 
 thereafter elects to reject the terms, conditions, and provi- 
 
sions tliereof , shall not be relieved from the payment of , 
 premiums to Nevada industrial commission prior to the time 
 his notice of rejection becomes effective ; and said premiums 
 may be recovered in an action at law as hereinafter in this 
 act provided. 
 
 Sec. 7. When an emplqyee coming under the provisions of 
 this act receives an iQJury for which compensation is pa,y- 
 able under this act and which injury was caused under cir- 
 cumstances creating a legal liability in some person other 
 than the employer, to pay damages in respect thereof : 
 
 (a) The employee or beneficiary may take proceedings 
 against that person to recover damages, but the amount of 
 the compensation to which he is entitled under this act shall 
 be reduced by the amoimt of the damages recovered ; 
 
 (b) If the employee or beneficiary in such case receives 
 compensation under this act, the Nevada industrial commis- 
 sion by whom the compensation was paid, shall be entitled to 
 indeianity from the person so liable to pay damages as afore- 
 said, and shall be subrogated to the rights of the employee 
 to recovesr therefor. 
 
 (c) No contractor or subcontractor shall be entitled to 
 receive compensation under this act, but shall be deemed to 
 be an employer. 
 
 Sec. 8. (a) The administration of this act on and after 
 April 1, 1915, is hereby imposed upon a commission to be 
 known as the "Nevada Industrial Commission" ; and said com- 
 mission, to consist of three commissioners, is hereby created. 
 The governor, attorney-gene'ral, and inspector of mines, shall 
 constitute an industrial commission board for the appointment 
 of such commissioners. Vacancies shall be filled in the same 
 manner for unexpired terms. No more than two of the com- 
 mission shall be members of the same political party at the 
 date of any appointment. Each commissioner shall hold office 
 for the term of four years from and after date of his appoint- 
 ment, and until his successor shall be appointed and shall 
 have qualified. One commissioner shall be designated by 
 the governor to be, and upon being so designated shall be, 
 chairman of the commission. A decision on any question 
 arising under the act concurred in by two of the commission- 
 ers shall be the decision of the commission. 
 
 (b) The industria,l commission board may remove any com- 
 missioner for inefficiency, neglect of duty, or misconduct in 
 office, giving him a copy of the charges against him and an 
 opportunity of being publicly heard in person or by counsel 
 in his own defense, upon not. less than ten days' notice. If 
 such commissioner shall be removed, the industrial commis- 
 sion board shall file in the office of the secretary of state a 
 complete statement of aU charges made against such commis- 
 sioner, and the findings thereon, together with a complete 
 record of the proceedings. 
 
 (c) Each commissioner shaU receive as compensation for 
 his services the sum of ten dollars per day for all days in 
 which he is actually engaged in the business of the commis- 
 
sion which, in no case shall exceed one hundred and fifty ($150) 
 dollars per month. The chairman shall also serve as executive 
 officer of the commission, in charge of the office and affairs of 
 the commission, and shall be entitled to additional compensa- 
 tion for such service, which shall be fixed by the industrial 
 CQmmission board and approved by the governor. The, execu- 
 tive officer of the commission shall not be financially, interested 
 in any business interfering or inconsistent with his duties. A 
 member of the commission, or an employee of the commission, 
 shall nbt serve on any committee of any politicfil party.. As 
 amended, Stats. 1915, c. 190. 
 
 Sec. 9. The commission shall be in continuous session and 
 open for the transaction of business during all the business 
 hours of each and every day excepting Sundays and legal 
 holidays. All sessions shall be open to the public, and shall 
 stand and be adjourned without further notice thereof on 
 its records. All proceedings of the commission shall be 
 shown on its record of proceedings, which shall be a public 
 record and shall contain a record of each case considered, 
 and the award made with respect thereto and all voting shall 
 be had by the calling of each member's name by the secre- 
 tary and' each vote shall be considered as cast. 
 , Sec. 10. The commission shall keep and maintain its 
 office at the capitol, in the town of Carson City, Nevada, and 
 .shall be provided by the board of capitol commissioners with 
 suitable- roloms. Except in cases of emergency, all necessary 
 printing, including forms, blanks, envelopes, letterheads, cir- 
 culars, pamphlets, bulletins, and reports required to be printed 
 by said commission shall be done at the state printing office, 
 and it is made the duty of the state printer to have such print- 
 ing done as expeditiously as possible. As amended^ 0tats. 
 1915, c. 190. 
 
 Sec. 11. The eomm,ission may employ a secretary, actuary, 
 accountants^ inspectgrs, examiners, experts, clerks, stenog- 
 raphers and other assistants, and fix their .compensation. 
 Such employments and compensation shall be first approved 
 by the: governor, and shall be paid out of the state treasury. 
 The members of the commission, actuaries, accountants, 
 inspectors, examiners, experts, clerks, stenographers, and 
 other assistants that may be eimployed shall be entitled to 
 receive from the state treasury their actual and necessary 
 expenses while traveling in the business of the commission. 
 Such expenses ,shairbe itemized and sworn to by the person 
 who incurred the expense and allowed by the commission. 
 
 Sec. 12. The commission shall adopt reasonable and 
 
 proper rules to govern its procedure, regulate and provide 
 
 for the kind and character of notices, and the services thereof, 
 
 in cases of accidents and injury to employees, the nature and 
 
 extent of the proofs and evidence, and the method of taking 
 
 "and furnishing the same, to establish the rights to benefits of 
 
 i* compensation from the state insurance fund, hereinafter pro-- 
 
 "* vided for, the forms of application of those claiming to be 
 
 entitled to benefits or compensation therefrom, the method 
 
of making investigations, physical examinations and inspec- 
 tions, and prescribe the time within which adjudications and 
 awards shall be made. 
 
 Sec. 13. Every employer shall furnish the commission, 
 upon request, all information required by it to carry out the 
 purposes of this act. The commission or any member thereof 
 or any person employed by the commission for that purpose, 
 shall have the right to examine under oath any employer or 
 officer, agent, or employee thereof. 
 
 Sec. 14. Every employer receiving from the commission 
 any blank with directions to fill the same, shall cause the 
 same to be properly filled out as to answer fully and cor- 
 rectly all questions therein propounded, and if unable to do 
 so shall give good and sufficient reasons for such failure. 
 Answers to such questions shall be verified under oath and 
 returned to the board within the period fixed by the commis- 
 sion for such return. 
 
 Note — The Commission earnestly desires that the provisions of this and the 
 preceding section will be strictly observed by employers, as such observance will 
 result in the mutual benefit of employers and employees, and will be of great assis- 
 tance to the Commission in carrying out the work prescribed. 
 
 Sec. 15. Each member of the commission, the secretary „ 
 and every inspector or examiner appointed by the commis-^^ 
 sion shall, for the purposes contemplated by this act, have 
 power to administer oaths, certify io official acts, take depo- 
 sitions, issue subpenas, compel the attendance of witnesses 
 and the production of books, accounts, papers, records, docu- 
 ments and testimony. 
 
 Sec. 16. In case of disobedieijce of any person to comply ' 
 with the order of the commission, or subpena issued by it or 
 one of its inspectors, or examiners, or on the refusal of a 
 witness to testify to any matter regarding which he may be 
 lawfully interrogated, or refuse to permit an inspection as 
 aforesaid, the district judge of the county in which the per- 
 son resides, on application of any member of thatcommission,' 
 or any inspector or examiner appointed by it, shall compel , 
 obedience by attachment proceedings as for contempt, as in 
 the case of disobedience of the requirements of subpenas ,: ,■ 
 issued from such court on a refusal to testify therein. 
 
 Sec. 17. Each officer who serves such subpena shall 
 receive the same fees as a sheriff, and each , witness whp 
 appears, in obedience to a subpena, before the commission or 
 an inspector or examiner, shall receive for his attendance the 
 fees and mileage provided for witnesses in civil cases in courts 
 of record, which shall be audited and paid from the state 
 treasury in the same manner as other expenses are audited 
 and paid, upon the presentation of proper vouchers approved 
 by any two members of the commission. No witness sub- 
 penaed at the instance of a party other than the commission 
 or any inspector shall be entitled to compensation from the 
 state treasury unless the commission shall certify that his 
 - testimony was material to the matter investigated. 
 
 Sec. 18. In an investigation, the commission may cause 
 deposition of witnesses residing within or without the state 
 
9 -^ — 
 
 to be taken in the manner prescribed by the, law for like 
 depositions in civil Actions in the courts of record. 
 
 Sec. 19. A transcribed copy of the evidence and proceed- 
 ings, or any specific part thereof, or any investigation; by a 
 stenographer appointed by the commission, being certified - 
 by such stenographer to.be a true and correct transcript of 
 the testimony on the investigation, or of a particular witness, , 
 or of a specific part thereof, carefully compared by him with 
 his original notes and to be a correct statement of the evidence 
 and proceedings had on such investigation so purporting to be 
 taken and subscribed, may be received in evidence by the 
 commission with the same effect as if such stenographer were 
 present and testified to the facts so certified. : A copy of such 
 transcript shall be furnished on demand to any party upon 
 the payment of the fee therefor, as provided for transcript in 
 courts of record. 
 
 , Sec. 20. The commission shall prepare and furnish blank 
 forms, and provide in its rules for their distribution so that 
 the same may be readily available, of application for Ipene- 
 fits or compensation from the state insurance fund, notices 
 to employers, proofs of injury or death, of medical atten- 
 dance, of employment and wage earnings, and, such other 
 blanks as may be deemed proper and advisable, and it shall 
 be the duty of insured employers to constantly keep on hand 
 sufficient supply of such blanks. 
 
 \ Sec. 21. (a) Every employer electing to be governed 
 by the provisions of this act shall, on or before the first day 
 of July, A. D. 1917, and monthly thereafter, pay to the 
 Nevada industrial commission for a state insurance fund 
 premiums in such a percentage ,oi his estimated: total pay-roll 
 as shall be fixed by order of the Nevada industrial commis- 
 sion ; provided, hQwever, that all premium rates now in effect 
 shall be continued in full force and effect until changed, 
 altered or amended by order of the Nevada industrial com- 
 mission. 
 
 The Nevada industrial commission may require all pre- 
 miums required by this a«t to be paid for three months in 
 advance upon the estimated pay-roll of the employer, unless 
 the commission be satisfied of the financial responsibility of 
 the employer, or unless a good and sufficient surety bond- for 
 thp payment of premiums be given by the employer to the 
 Nevada industrial commission. 
 
 (b) The Nevada industrial eommi^ion shall have the 
 \ power, as experience and conditions demand, to increase or 
 decrease the rates above provided; sixty days' notice of any 
 change in rates shall be given before the same shall become 
 effective; the commission shall have the power, and it shall 
 be their duty, to classify occupations with respect to their 
 degree of hazard, and determine the risks of the different 
 classes and fix the rates of premiums of the s^me, based upon 
 the total pay-roll and number of employees in each of said 
 classes of occupation and sufficiently large to provide an 
 adequate fund for the compensation provided for in this act, 
 
10 
 
 and to create a surplus sufficiently large to guarantee a satis- 
 factory state insurance fund from year to year. As amended,' 
 Stats. 1915, c. 19fi, and Stats. 1917, c, 233. 
 
 Sec. 22: "Whenever an establishment or work is danger- 
 ous in comparison with other like establishments or works, the 
 , Nevada industrial commission may advance its classificatioii ' 
 of risk and premium rates in proportion to the hazard. Such' 
 advancement of classification of risks and premium rates may 
 bemadewithoutpreviousnotice. Asamended,Stats.l915,c.l90,' 
 Sec. 23. (a) Every injured employee within the; provi- 
 sions of this act shall be entitled to receive, and shall receive 
 promptly, such medical, surgical and hospital or other treat- 
 ment, nu]:'sing, medicines, medi&al and surgical supplies, 
 crotches and apparatus, including artificial members, as may 
 reasonably be required at the time of the injury and within 
 ninety days thereafter, which may be extended to one year by 
 the Nevada industrial commission. The benefits conferred by 
 this paragraph iipon the injured employee shall hereinafter, 
 be termed "Accident Benefits." 
 
 (b) For the purpose of providing a fund to take care of 
 said accident benefits as in this act provided the Nevada 
 
 ' industrial commission is authorized and directed to collect 
 a premium upon the total pay-roll of every employer except 
 as hereinafter provided in such a percentage as the commis- 
 sion shall by order fiX; every employer paying such^ pre- 
 mium shall be relieved from furnishing accident benefits, 
 and the same shall be provided by the Nevada industrial 
 commission. Every employer paying such premium for acci- 
 dent benefits may collect one-half thereof, not to exceed one 
 dollar per month, from each employee, and may deduct the 
 same from the wages of such employee. > 
 
 The Nevada industrial commission shall have the authority 
 to adopt such reasonable rules and regulations as may be 
 necessary to carry out the provisions of this subdivision of 
 this section. All fees and charges for such accident benefits 
 shall be subject to regulation by the commission, and shall be 
 limited to such charges as prevail in the same community for 
 similar treatment of injured persons of like standard of living. 
 . The state insurance fund provided for in this act shall 
 not be liable for any accident benefits provided by this sec- 
 tion, but the fund provided for accident benefits shall be a 
 separate and distinct fund, and shall be so kept. 
 
 (c) It shall be the duty of every employer accepting the 
 provisions of this act, immediately upon .the occurrence of 
 any injury to any of his employees, to render to such 
 employee all necessary firs^ aid, including cost of transporta- 
 tion of the injured employee from the place of injury to the 
 nearest place of proper treatment whare the injury is such 
 as to make it reasonably necessary for such transportation- 
 such employer shaU forthwith notify the commission of such 
 aefiident, gmng the name of the injured employee, the nature 
 o± the accident and where and by whom the injured employee 
 IS being treated, and the date, of the accident Every 
 
— 11 — 
 
 employer payiiig accident benefit premiums to the Nevada 
 industrial commission furnisMng sucb first aid sliall be enti- 
 tled to receive from the commission the' amount of such 
 expenditure reasonably made. 
 
 (d) Every employer operating under this act alone or 
 together with other employers may make arrangements for 
 the purpose of providing accident benefits as defined in this 
 act for injured employees, and such employers may collect 
 one-^half of the cost of such accident benefits from their col- 
 lective employees, not to exceed one dollar per moiith from 
 any one employee, and may deduct the same from the wages 
 of each employee. Employers electing to make such arrange- 
 ments for providing accident benefits shall notify the Nevada 
 industrial commission of such election, and in the event of 
 '''■\ . failure to so notify said Nevada industrial commission of such 
 ' ' election they shall be liable for premiums for accident benefits 
 as heretofore provided by subdivision (b) of this section. 
 
 (e) ' If it be shown or the commission finds that the employer 
 is furnishing the requirements of medical, surgical, or hos- 
 pital aid or treatment provided for in this act in such a 
 manner that there are reasonable grounds for believing that 
 - the health, life, or recovery of the employee is being endan- 
 gered or imppred thereby, the commission may, upon , appli- 
 cation of the employee or upon its own motion, order a change 
 in the physician, or other requireinehts, and if the employer 
 fails to promptly comply with such order, the injured 
 employee may elect to have such medical, surgical, or hospital 
 aid or treatmeM provided by or through the Nevada indus- 
 trial commission, in which event the cause of action of said 
 injured employee against the employer or hospital association 
 , shall be assigned to the Nevada industrial commission for the 
 ' benefit of the state insurance fund, and the Nevada industrial 
 r commission shall furnish to said injured employee the medical, 
 ;" ; surgical, or hospital aid or treatment provided for in this act. 
 As amended, Stats. 191,5, c. 190, md Stats. 1917, c. 233. 
 
 -Sec. 24. AH premiums provided for in this act shall be 
 paid to the state treasurer, and shall constitute the state 
 insurance fund for the benefit of employees of employers and 
 for the benefit of dependents of such employees, and shall be 
 disbursed as hereinafter provided. 
 
 Sec. 25. Every employee in the employ of an employer 
 
 within the provisions of this act, who shall be injured by 
 
 , I accident arising out of and in the course of employment, or 
 
 his dependents, as hereinafter defined, shall be entitled to 
 
 receive the following compensation : 
 
 (A) Death Benefits 
 If the injury causes death, the compensation shall be 
 known as a death benefit, and shall be payable in the amount 
 and to and for the benefit of the persons following : 
 
 1. Burial expenses not to exceed one hundred and twenty- 
 five ($125) dollars in addition to the compensation payable 
 under this act. 
 
 2. To the widow, if there is no child, thirty per centum of, 
 
12 - — 
 
 the average wage of the deceased. This compensation shall 
 be paid until her death or remarriage with two years' com- 
 pensation in one sum upon remarriage. ,. ^ 
 
 3. To the widower, if there is no child, thirty per centum of 
 the average wage of the deceased, if wholly dependent for 
 support upon the deceased employee at the time of her death. 
 This compensation shall be paid until his death or remarriage. 
 
 4. To the widow or widower, if there is a child or children, 
 the compensation payable under clause (1) or clause (2), and 
 in addition the additional amount of ten per centum of 
 such wage for each such child until the age of eighteen years, 
 not to exceed a total of sixty-six and two-thirds per cent for 
 such widow or widower and the children. If the children have 
 a guardian other than the surviving widow or widower, the 
 compensation on account of such children may be paid 'to 
 such guardian'. The compensation payable on account of any 
 child shall cease when he dies, marries, or reaches the age of 
 eighteen years, or if over eighteen years, and incapable of 
 self-support, becomes capable of self-support. 
 
 5. If there be surviving child or children of the deceased 
 under the age of eighteen years, but no surviving wife (or 
 dependent husband) then, for the support of each such child 
 until the age of eighteen years, fifteen per centum of the 
 wages of the d.eceased ; provided, that the aggregate shall in no 
 case exceed sixty-six and two-thirds per centum of such wages. 
 
 6. If there be no surviving wife (or dependent husband) 
 or child under the age of eighteen years, there shall be paid 
 
 ; to the parent or parents, if wholly dependent for support 
 upon the deceased employee at the time of his death,' twenty- 
 five per centum of the average monthly wage of the deceased 
 during dependency j to the brothers or sisters, under the 
 age of eighteen years, if one is wholly dependent upon the 
 deceased employee for support at the time of the injury 
 causing death, twenty per centum of the average monthly 
 wage for the support of such brother or sister, until of the 
 age of eighteen years. If more -than one brother or sister 
 is wholly dependent, thirty peri centum of the average 
 monthly wage at the time of the injury causing death, 
 divided among such dependents share and share alike. If 
 there, is no one of them wholly dependent, but one or more 
 partly dependent, ten per centum divided among such depen- 
 dents share and share alike. 
 
 7. In all other cases, questions of total or p6,rtial depen- 
 dency shall be determined in accordance with the facts as the 
 facts may be at the time of the injury. If the deceased 
 employee leaves dependents only partially dependent upon 
 his earnings for support at the time of the injury causing his 
 death, the monthly compensation to be paid shall be equal to 
 the same proportion of the monthly payments for the benefit 
 of persons totally dependent as the amount contributed, by 
 the employee to such partial dependents bears to the average 
 wage of deceased at the time of the injury resulting in his 
 death. The duration of such compensation to partial depen- 
 
13 — - 
 
 dents shall be fixed by the commission in accordance with the 
 tacts shown, but m no case shall exceed compensation for 
 : one hundred months. , 
 
 8. Compensation to the widow or widower shall be. for the 
 use and benefit of such widow or widower and of the depen- 
 dent children, and the commission may, from time to time 
 apportion such compensation between them in such way as it 
 deems best for the interests of all beneficiaries. 
 
 It a dependent to whom a death benefit is to be paid is an 
 alien not residing in the United .States the compensation shall 
 be only sixty (60) per cent of the amount or amounts above 
 specified. 
 
 ' /d,?om^'^ excess of wages over one hundred and twenty 
 , ($120) dollars a month shall not be taken into account in 
 computing compensation for death benefits. 
 
 10. In such cases where compensation is awarded to the 
 - widow, dependent children, or persons wholly dependent, no 
 lump-sum settlement shall be allowed 
 (B) Total Disability 
 
 1. Temporary total disability: For temporary total dis- 
 ability, compensation of fifty per cent (50%) of the average 
 monthly wage, but not more than seventy dollars ($70)' nor 
 less than twenty dollars ($20) per month for a period not 
 to exceed twelve (12) months. At the end of twelve (12) 
 
 , months from the date of injury, should the disability persist 
 and exist, a physical examination of the injured man shall 
 be made and. the character and quality of the disability 
 
 ' determined. Thereafter, compensation shall not exceed the 
 sum of sixty dollars ($60) per month. 
 
 2. Permanent total disability: In cases of total disability 
 adjudged to be permanent, compensation of fifty per cent 
 
 ,'(50%) of the average monthly wage, but not less than 
 twenty dollars ($20) per month nor more than fifty dollars 
 ($50) per month during the life of the injured person. 
 
 In cases of the following specified injuries,! in the absence 
 of proof to the contrary, the disability caused thereby shall 
 be "deemed total and permanent : 
 
 1. The total and permanent loss of sight of both eyes. 
 "*■;,; 2. The loss by separation of both legs at or above the knee. 
 
 3. The loss by separation of both arms at or above the elbow. 
 4. , An injury to the spine resulting in-permanent and com- 
 plete paralysis of both legs and both arms. 
 
 5. An injury to the skull resulting in incurable imbecility 
 or insanity. 
 
 6. The los^ by separation of one arm at or above the 
 elbow, and ohe leg by separation at or above the knee may 
 be deemed a permanent total disability. 
 
 ~ The above enumeration is not taken as exclilsive ; and in 
 , all other cases, permanent total disability shall be determined, 
 in accordance with the facts. 
 
 (0) Partial Disability 
 1. Temporary partial disability: For temporary partial 
 , disability, one-half of the difference betwefen'the wages earned 
 
14 
 
 before the injury ahd the wages which the injured person is 
 able to earn thereafter, but not more than forty dollars ($40) 
 per month for a period not to exceed sixty (60) months 
 during the period of said disability. For the purpose of this 
 provision any excess of wages over one hundred and forty 
 dollars ($140) per month shall not be taken into account in 
 computing compensation for tenjiporary partial disability. 
 2. In case of any of the following specified injuries, the 
 . di'sability caused thereby shall be deemed a permanent par- 
 tial disability, and the amounts named, subject to. a mini- 
 mum of twenty dollars ($20) per month and a maximum 
 of sixty dollars ($60) per month, shall be paid in addition 
 to the conipensation paid for temporary total disability. 
 
 (a) For the loss of a thumb, fifty per cent (50%) of the 
 average monthly wages during fifteen (15) months. 
 
 (b) For the loss of the first finger commonly called the 
 index finger, fifty per cent (50%) of the average monthly 
 wages during nine (9) months. . , 
 
 , (c) For the loss of a second finger, fifty per cent (50%) 
 of the average monthly wages during seven (7) months.' 
 
 (d) For the loss of a third finger, fifty per cent (50%) of 
 [the average monthly wages during five (5) months.] 
 
 [(e) For the loss of the fourth finger, commonly called 
 the] little finger, fifty per cent (50%) of the average monthly 
 wages during four (4) months. 
 
 (f) The loss of the distal or second phalange of the 
 thumb, or the distal or third phalange of the first, second, 
 third, or fourth, finger, shall be considered a permanent 
 partial disability, and equal to the loss of one-half of such 
 thumb or finger, and compensation shall be one-half of the 
 amoimt specified for the, loss of the entire thumb or finger. 
 
 (g) The loss of more than one phalange of the thumb or 
 finger shall be. considered as the loss of the entire finger or 
 thumb ; provided, however, that in no ease shall the amount 
 received for more than one finger exceed the amount pro- 
 vided in this schedule for the loss of a hand. 
 
 (h) For the loss of a great toe, fifty per cent (50%) of 
 the average monthly wages during seven (7) months. 
 
 (i) For the loss of one of the other toes other than the 
 great toe, fifty per cent (50%) of the average monthly wages 
 during two and one-half months. 
 
 ( j) However, the loss of the first phalange of any toe shaU 
 be considered to be equal to the loss of one-half of such toe, 
 and compensation shall be one-half of the amount above 
 specified. 
 
 (k) The loss of more than one phalange shall be consideredi/ 
 as the loss of the entire toe. 
 
 (1) For the loss of a hand, fifty per cent (50%) of the 
 average monthly wages during forty (40) months. 
 
 (m) For the loss of an arm, fifty per cent (50%) of the 
 average monthly wages during fifty (50) months.. 
 
 (n) For the loss of a foot, fifty per cent, (50%) of the 
 average monthly wages during thirty-five (35) months. 
 
15 — 
 
 (o) For the loss of a leg, fifty per cent (50%) of the 
 average monthly wages during forty-five (45) months. 
 
 (p) For the loss of an eye, fifty per cent (50%) of the 
 average monthly wages during twenty-five (25) months. 
 
 (q) For permanent and complete loss of hearing in one 
 ear, fifty per cent (50%) of the average monthly wages dur- 
 ing twenty (20) months. 
 
 (r) For permanent and complete loss of hearing in both 
 ears, fifty per cent (50^) of i;h,e average monthly wages 
 during sixty (60) months'. 
 
 (s) The permanent and complete loss of the use of a finger, 
 tde, arm, hand, foot, or leg inay be deemed the same as the 
 loss of any such member by separation. i 
 
 (t) The permanent and complete loss of sight in one eye 
 may be deemed as the loss of one eye. . i 
 
 (u) Facial disfigurement : For permanent disfigurement 
 about the head or face, which shall include injury to or loss, 
 of teeth, the commission may allow such sum for compensa- 
 tion thereof as it may deem just, in accordance with the 
 proof submitted, but said compensation shall not exceed fifty 
 per cent (50%) of the average monthly wage, nor to exceed 
 sixty dollars ($60) per month during twelve (12) months. 
 
 (v) In all cases of permanent partial disability, not other- 
 wise specified in the foregoing schedule, the percentage 
 of disability to the total disability shall ' be detertaihed. 
 For the purpose of computing compensation [for] a disability 
 that is partial in character but permanent in quality, the sum 
 of sixty dollars ($60) per month for the period of one hun- 
 dred (100) months shall represent a one hundred per cent 
 (100%) disability. 
 
 In determining the percentage of disability, consideratioli ■ 
 shall be given, among other things, to any previous disa- 
 bility, the occupation of the injured employee, the nature 
 of the physical injury, and the age of the employee , at the 
 time of lie injury; and the compensation paid therefor 
 shall be the percentage of the disability caused by the injury 
 times fifty per cbnt (50%) of the average monthly wage, not 
 to exceed sixty dollars ($60) per month, for one hundred 
 (100) months during the life of the injured employee. 
 Whenever the monthly payments under this subsection are so 
 small that the payments thereof during the fuH period will 
 work a hardship on the beneficiary, or be of no substantial 
 benefit, the period may be shortened and the payments cor- 
 respondingly increased in such manner that the same may be 
 of substantial benefit to the injured employee. 
 
 (w) Where there is a previous disability as the loss of 
 one eye, one hand, one foot, or any other previous per- 
 manent disability, the percentage of disability for a subse- 
 quent injury shall be determined by computing the 
 percentage of the entire disability and deducting therefrom 
 the' percentage of the previous disability as it existed at the 
 time of the subsequent injury, 
 
 (x) The commission may adopt a schedule for rating 
 
16 
 
 permanent disabilities and reasonable and proper rules to 
 carry out the provisions of this subsection. 
 
 No compensation shall be payable for the death or disability 
 of an employee, if his death be caused by, or in so far as his 
 disability may be aggravated, caused or continued by an 
 unreasonable refusal or neglect to submit to or follow any 
 competent and reasonable surgical treatment or mediCal aid. 
 As amended, Stats. 1915, c. 190, and Stats. 1917, c. 233. 
 
 Sec. 26. (a) The following persons shall be conclusively 
 presumed to be totally dependent for support upon . a- 
 deceased employee: 
 
 1. A wife upon a husband whom she has not voluntarily 
 abandoned at the time of the injury ; 
 
 2. A husband, mentally or physically incapacitated from 
 waga earning, upon a wife whom he has not voluntarily^; 
 abandoned at the time of injury ; , 
 
 3. 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 incapaci- 
 tated from wage earning, upon the parent with whom he 
 or they are living at the time of the injury resulting in the 
 death of such parent, there being no surviving parent. Step- 
 parents may be regarded in this act as parents, if the fact 
 of dependency is shown, and a step-child or step-children j 
 may be regarded in this act as a natural child or children, 
 if the existence and fact of dependency is showii. 
 
 (b) Questions as to who constitute dependents and the 
 extent of their dependency shall be determined as of the date 
 of the accident or injury to the employee, and their right to 
 any death benefit shall become fixed as of such time, irre- 
 spective of any subsequent change in conditions, and the 
 death benefits shall be directly recoverable by and payable to 
 the dependent or dependents entitled thereto, or to their 
 legal guardians or trustees. As amended. Stats. 1915, c. 190, 
 and Stat$. 1917; c. 233. 
 
 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 seven days from earning full wages, but if 
 the incapacity extends beyond the period of seven days, com- 
 pensation shall begiji on the eighth day after the injury; 
 provided, however, that if such disability continues for two 
 weeks beyond the period of said seven days, such compensa- 
 tion shall be computed' from the date of the injury. As 
 amended, Stats. 1915, c. 190. 
 
 Sec. 28. Compensation payable under this act, whether 
 determined or due, o^ not, shall not, prior to the issuance and 
 delivery of the warrant therefor, be assignable ; shall be 
 exempt from attachment, garnishment, and execution, and 
 shall not pass to any other person by operation of law ; pro- 
 vided, however, that the payments to the consul-general, 
 consul, vice-consul general, or vice consul, of the nation of 
 which any dependent of a deceased employee is a' resident or 
 subject, or a representative of such consul-general, consul 
 
17 
 
 vice-consul general, or vice-consul, of any compensation duef 
 under this act to any dependent residing outside of the United 
 States, any power of attorney to receive or receipt for the 
 same to th^ contrary notwithstanding, shall be as full a dis- 
 charge of the benefits or compensation payable under this act 
 as if payments were made directly to the beneficiary. As 
 amended, Stats. 1915, c. 190. 
 
 Sec. 29. No employer or workman shall exempt himself 
 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. 
 
 Sec. 30. , Upon the marriage of a widow, she shall receive 
 once and for all, a lump sum equal to twelve times her 
 monthly allowance, not to exceed, however, the sum of $300 ; 
 provided, however,- that allowance shall be made by the eom- 
 inission for the support of minor children under the age of 
 sixteen years ; the total amount thereof to be not lefes than $10, 
 nor more than $35 per month, to be fixed by the commission^ , 
 , Sec. 31. The Nevada industrial commission, may, in its 
 discretion, allow the conversion of the compensation herein 
 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. 
 
 Sec. 32. (a). Any workman entitled to receive compen- 
 sation under this act is required, if requested by the commis- 
 sion, to submit himself for medical examination at a time and 
 from time to time at a place reasonably convenient for the 
 workman, and as may be provided by the rules of the commis- 
 sion. The request or order ' for such examination shall fix a 
 time and\ place therefor, due regard being had to the conve- 
 nienceof the employee and his physical condition: and ability 
 to attend at the time and placed fixed. The employee shall be 
 entitled to have a physician, provided and paid for by him- 
 self, present at any such examination. If the employee refuses 
 to submit to any such examination, or obstructs the same, his 
 right to compensation shall be suspended until such examina- 
 tion has taken place, and no compensation shall be payable 
 during or for account of such period. Any physician who 
 shall make or be present at any such examination may be> 
 ; required to testify as to the result thereof. _ ' 
 
 "•' , (b) If any employee shall persist in unsanitary or injuri- 
 ous practices which tend to either imperil or retard his recov- 
 ery, or shall refuse to submit to such medical or surgical 
 treatment as is reasonably essential to promote his recovery, 
 the commission may, in its discretion, reduce or- suspend the 
 compensation of any such injured employee. 
 
 , (c) If, for the purpose of obtaining any benefit or pay- 
 , ment under the provisions of this act, either for himself or 
 for any other person, any one wilfully makes a false state- 
 ment or- representation, he shall be guilty of a misdemeanor, 
 and if a claimant he shall forfeit aU right to compensation 
 
18 
 
 under this act after conviction for such offense. As amende^^i 
 Stats. 1915, c. 190. 
 
 Sec. '33. (a) Every employer electing to be governed 
 by the provisions of this act, and every physician and sur- 
 geon who attends an injured employee, within the purview 
 of this act, is hereby required to ffle with the commission, 
 under such rules and regulations as the commission may from 
 ' time to time make,^ a full and complete report of every known 
 injury to an employee arising out of or in the course of his 
 employment and resulting in loss of life or injury to such 
 person. Such report shall be furnished to the commission 
 in such form and in such .detail as the commission may, from 
 time to time prescribe, and shall make special answers to, 
 all questions required by the commission under its rules and 
 regulations. It shall be unlawful for any person, firm or 
 corporation, agent or officer of any firm or corporation,- or 
 any attending physician or surgeon to fail or refuse to com- 
 ply with any of the provisions of this section ; and any person," 
 firm, or corporation, agent or officer of any firm or corpora- 
 tion, or physician or surgeon, who fails or refuses to comply 
 with the provisions of this section, shall be guilty of a misde- 
 meanor for each and, every offense, and, upon conviction 
 thereof, shall be punished by a fine of not less than fifty 
 ($50) dollars nor more than two hundred ($200) dollars. 
 
 (b) Any physician, having attended an employee within 
 the purview of this act, in a professional capacity, may be 
 required to testify before the commission when it shall so 
 direct. . Information gained by the attending physician or 
 surgeon, while in attendance on the injured man, shall not be 
 considered a privileged communication, if required by the 
 commission for a proper understanding of the case and a 
 determination of the rights involved. 
 
 (c); Whenever any accident occurs to any employee, it 
 shall be the duty of the employee to forthwith report such 
 accident and the injury resultiag therefrom to the employer, 
 and it shall also be the duty of any physician employed by 
 such injured employee to forthvrith report such accident 
 and the injury resulting therefrom to the employer and to 
 the Nevada industrial commission. "Whenever any accident 
 ■occurs to any employee, and knowledge of same comes to the' 
 attention of the employer by such report or otherwise, the 
 employer may at once designate, and send the physician so 
 chosen by such employer and authorized by such employer 
 in writing ; and the physician, so chosen, shall be permitted, 
 by the employee or any person or persons in charge of said 
 employee to make one examination of said injured en;iployee 
 in order to ascertain the character and extent of the injury 
 occasioned by such accident. Thereupon, it shall be the duty 
 of the said physician, so chosen, to forthwith report to the 
 employer and to the Nevada industrial commission the char- 
 acter and extent of the said injury, as so ascertained by said 
 physician. • 
 
 (d) If the happening of the said accident, or the infliction 
 
19 
 
 p£ said injury to said employee, shall not have .been reported 
 'by said employee or his said physician forthwith, as above 
 desoribed and immediately after the happening of said acci^ 
 ^dent and injury,' or if the said injured employee or those in 
 charge of him (the injured employee being a party to the 
 refusal) shall refuse to permit the employer's physician, so 
 chosen, to make such examination, no compensation shall be 
 paid for the injury so claimed to' result from said accident; 
 but it shall be "within the discretion of the Nevada industrial , 
 commission to relieve said injured person or his dependents 
 from such loss or forfeiture of compeiisation, if the said 
 Nevada industrial commission shall -be of the opinion, after 
 investigation, that the circumstances attending the failure 
 on the part of the employee, or of his physician, to report 
 said accident and injury are such as to have excused the said 
 employee and his physician' for such failure to so report, and 
 that such relieving of the employee or his dependents from 
 the consequences of such failure to report will not result in 
 an unwarrantable charge against said state insurance fund. 
 As amended, Stats. 1917, c. 233. 
 
 ■''S:^c. 34. (a) Where a workn^an is entitled to compensa- 
 tion under this act he shall file with the department, his 
 application 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 tb lend all necessary assistance in mating this 
 application for compensation and such proof of other mat- 
 ters as required by the rules of the department without 
 charge to the workman. 
 
 (b) Where death . results from injury to [the] parties 
 entitled to compensation under this act, or some one in their 
 behalf, shall mak^ application for the same- to the depart- 
 ment, 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 attend- 
 ing physician, if any, and such other proof as required by 
 the rules of the department. i 
 
 (c) If change of ; circumstances warrant an increase or 
 rearrangement of compensation, like application shall be 
 made therefor. No increase or rearrangement shall be opera- 
 tive for any period prior to application therefor. 
 
 (d) No application shall be valid or claim thereunder 
 enforceable unless filed within one year affer the day upon 
 which the injury occurred or the right thereto accrued. 
 
 '820,34%. Notice of the injury for which compensation 
 is payable under this act shall be given to the commission as 
 soon as practicable, but within thirty days after the happening 
 of the accident. In case of the death of the employee resulting 
 from such injury, notice shall be given to the commission as 
 soon as practicable, but within sixty days after such death. 
 The notice shall be in writing, and contain the name and 
 address of the injured employee and state in oj:dinary lan- 
 guage the time, pldce, nature and cause of the injury and be 
 
20 ■ . 
 
 \- 
 
 signed by. said injured employee, or by a person in his behalf, 
 or in case of death, by one or "more of. his dependents or by a 
 person on. their behalf. No proceeding under this act for 
 compensation for an injury shall be maintained unless the 
 injured employee, or some one in his behalf, files with the 
 commission a claim for compensation with respect to said 
 injury within ninety days after the happenipg of the acci- ^ " 
 dent, or, in ease of death, within one year after such death. 
 The notice required by this section shall be served npon 
 the commission, either by delivery to and leaving with it, a 
 copy of such notice, or by mailing to it by registered mail a 
 copy thereof in' a sealed,, postpaid envelope addressed to 
 the commission at its office, and such mailing shall constitute 
 complete service ; the faililre to give such notice or to file 
 such claim for compensation within the time limit . specified 
 in this section shall be -a bar to any claim' for compensa- 
 tion under this act, but such failure may be excused by the 
 commission . on one or more of ' the following grounds: (1) ■ 
 That notice for some sufficient reason could not have been 
 made. (2) That failure to give/ such notice will not result 
 in an unwarrantable charge against the state insurance 
 fund. (3) That the employer had actual knowledge of the 
 occurrence of the accident resulting in such injury! (4) 
 That failure to give notice was due to employee's or bene- 
 ficiary's mistake or ignorance of fact or of law, or of his 
 physical or mental inability, or to fraud, misrepresentation 
 or deceit. Added, SUts. 1917, c. 233. , 
 
 Sec. 35. The books, records, and pay-rolls of the emplqyer 
 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 cor- 
 rectness of tte pay-roll, the men employed, and such other 
 information as may be necessary, for the commission and its 
 management under this act. Refusal on the part of the 
 employer to submit said books, records, and pay-rolls for such 
 inspection to any member of the commission or any assistant 
 presenting written authority from the commission shall sUb- * 
 jeet the offending employer to a penalty of one hundred dol- ' ; 
 lars 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. 
 
 Sec. 36. Any employer who shall misrepresent to the ,: ; 
 department the amount of pay-roll upon which the premium - jt s 
 under this act is based shall be liable to the Nevada Indus- V , 
 trial commission in ten times the amount of the diiference 
 in premium paid and the amount the employer should, have 
 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. 
 
 Sec. 37. [Repealed, Chapter 233, Stats. 1917.] 
 
 Sec. 38. The Nevada industrial commission is hereby ' 
 
21 
 
 authorized and empowered to prosecute, defend, and main- 
 tain actions in the name of the commission for the enforce- 
 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. 
 
 Sec. 39. If any workman be injured because of the absence 
 of any safeguard or protection required to be provided or 
 maintained by, or pursuant to, any statute or ordinance or 
 any departmental regulation under any statute, or be at the 
 time of the injury of less than the maximum age 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 pen- 
 alty of not less than $300 or more than $2,000 to be collected 
 in a civil action at law by the commission. 
 
 The foregoing provision of this act shall not apply to the 
 employer if the absence of such guard or such protection be 
 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 superin- 
 tendent 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. 
 
 Sec. 40. (a) The premiums, contributions, penalties, prop- 
 erties, or securities paid, collected, or acquired by opera- 
 tion of this act shall constitute a fund to be known as the 
 "State Insurance Fund." All disbursements from the state 
 insurance fund shall be paid by the state treasurer upon 
 warrants or vouchers of the Nevada industrial commission, 
 authorized and signed by any two members of the commission. 
 The state treasurer shall be liable on his official bond for the 
 faithful performance of his duty as custodian of the state 
 insurance fund. The State of Nevada shall not be liable 
 for the payment of any compensation or any salaries, or 
 expenses in the administration of this act, save and except 
 from the state insurance fund, but shall be responsible for the 
 safety and preservation of the state insurance fund. 
 
 (b) The Nevada industrial commission may, pursuant to 
 a resolution of the commission, approved by the governor, 
 invest not to exceed sixty per cent of the amount of said fund 
 in the bonds of the United States, in the bonds of this or other 
 states, or in the bonds of any county of the State of Nevada, 
 or other states. The coromission shall make due and diligent 
 inquiry as to the financial standing of the state or states, 
 county or counties, whose bonds or securities it proposes to 
 purchase, and shall also require the attorney-general to give 
 
22 
 
 his legal opinion in writing as to the validity of any, act or 
 acts of any state or county under which such bonds are issued. 
 All such bonds or securities shall be placed in the hands of 
 the state treasurer, who shall be the custodian thereof. He 
 shall collect the principal and interest thereon when due, 
 and pay the same into the state insurance fund. He shall 
 notify the Nevada industrial commission of the amounts so 
 paid into the state insurance fund, giving full details of the 
 transaction. The state treasurer shall pay all vouchers drawn 
 on the state insurance fund for the making of such invest- 
 ments when signed by two members of the commission, upon 
 delivery of such bonds or securities to him when there is 
 attached to such vouchers a copy of the resolution of the 
 commission authorizing the investment, approved by the gov- 
 ernor, said copy to be certified by the secretary under seal of 
 the commission. The commission may, upon like resolution 
 approved by the governor, sell any of such bonds or securities. 
 
 (c) The state treasurer may, upon written authority of the 
 Nevada industrial commission, approved by the governor, 
 deposit an additional fifteen per cent of said fund in bank 
 or banks in the State of Nevada upon special time deposits 
 bearing interest at not less than three per cent per annum ; 
 provided, however, that such bank or banks in which deposits 
 may be made shall give to the Nevada industrial commission 
 a good and sufficient surety deposit bond guaranteeing said 
 Nevada industrial commission against any loss of said deposit 
 by reason of failure, suspension, or otherwise of said bank. 
 Interest earned by such portion of the state insurance fund 
 which may be deposited in any bank or banks, as herein pro- 
 vided, shall be placed to the credit of the state insurance fund. 
 
 (d) Bach member of the commission, before entering upon 
 the duties of his office, shall take the oath prescribed by the 
 constitution, and shall give good and sufficient bond running 
 to the State of Nevada, in the penal sum of ten thousand dol- 
 lars, conditioned that he shall faithfully discharge the duties 
 of his office ; said bonds shall be signed by a surety company 
 duly authorized to do business in this state, or by two or more 
 individuals as surety or sureties ; shall be subject to approval 
 by the governor, and shall then be filed with the secretary of 
 state. If surety company bonds be furnished, the premium 
 therefor shall be paid out of the state insurance fund as other 
 expenses of the commission are paid. 
 
 (e) The commission shall have a seal upon which shall be 
 inscribed the words "Nevada Industrial Commission — State 
 of Nevada." Its seal shall be fixed to all orders, proceedings, 
 and copies thereof, and to such other instruments as the com- 
 mission may direct. All courts shall take judicial notice of such 
 seal, and any copy of any record or proceeding of the commis- 
 sion certified under such seal shall be received in all courts as 
 evidence of the original thereof. Asamended,Stats.l915,c.l90. 
 
 Sec. 401/2. It_shall be the duty of the industrial com- 
 mission board, provided for by section 8 of this act, annually 
 or as often as they may deem necessary to make an audit of 
 
23 
 
 all books of accounts and record and of funds and securities 
 of the Nevada industrial commission, and said industrial com- 
 mission board is authorized to employ and fix the compensa- 
 tion of a competent accountant for the purpose of making 
 such audit or audits, the expenses thereof to be paid out of 
 the state insurance fund. Added, Stats. 1917, c. 233. 
 
 Sec. 41. If a workman or employee within the provi- 
 sions of this act, who has been hired in this state, and whose 
 usual and ordinary duties of such employment are confined 
 to the state, is sent out of the state on business or employment 
 of his employer, and receives personal injury by accident 
 arising out of and in the course of such employment, he shall 
 be entitled to receive compensation according to the provisions 
 of this act, even though such injury was received outside of 
 this state. As amended, Stats. 1915, c. 190. 
 
 Sec. 42. This act shall be known as the "Nevada Indus- 
 trial Insurance Act." 
 
 Sec. 43. This act shall apply to all employers of labor 
 in the State of Nevada and their employees and dependents 
 of their employees, but excludes any employee engaged in 
 farm or agricultural labor, stock or poultry raising, or house- 
 hold domestic service ; and no contract of employment, insur- 
 ance, relief benefit, or indemnity, or any other device shall 
 modify, change, or waive any liability created by this act; 
 and such contract of employment, insurance, relief benefit, 
 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. As amended, Stats. 1915, c. 190. 
 
 Sec. 44. If any employer shall be adjudicated to be out- 
 side the lawful scope of this act, the act sha;ll not apply to 
 him or his workmen, or if any workman shall be adjudicated 
 to be outside the lawful scope of this act because of remote- 
 ness 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 work- 
 man, 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 part thereof. 
 
 Sec. 45. If the provisions of this act relative to com- 
 pensation for injuries to or death of workmen become invalid 
 because of any adjudication, or be repealed, the period inter- 
 vening between the occurrence of an injury or death, not 
 previously compensated for under this act by lump pajnnent 
 or completed monthly payments, and silch repeal or the ren- 
 dition of the final adjudication of the validity shall not be 
 1 '-■ ■> ' 
 
24 -'""''■■ " ' 
 
 computed as a part of the time limited by law for the com- 
 mencement of any action relating to such injury or death ; pro- 
 vided, 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 be subject to such disposition as may be provided by, 
 the legislature, and in default of such legislative provision 
 distribution thereof shall be in accordance with the justice of | 
 the matter, due regard being had to obligations of compensa- 
 tion incurred and existing. 
 
 Sec. 47. This act shall not affect any action pending or ., 
 cause of action existing on June 30, 1913. \ 
 
 Sec. 48. This act shall be effective July 1, 1913. 
 
 Sec. 49. All acts and parts of acts in conflict herewith are " 
 hereby repealed. 
 
 NOTE— The Act, as amended by Chapter 233, Statutes 
 1917, effective on and after July 1, 1917. 
 
 CARSON CITY, NEVADA 
 State Printing Office, : Joe Faenswoeth, Supeeintendent 
 
 1917 
 
 , ,_ _ Cornell University Librarv 
 
 HD7816.U7N3 1917a 
 
 Nevada industrial insurance act, cha 
 
 3 1924 002 2Pfi l.^Q 
 
'I t^h 
 
 
 M^ 
 
 'Km' 
 
 
 Wi