other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, or anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death; provided that, if an employer fails to secure payment of compensation as required by this Law, an injured employee or his legal representative, in case death results from the injury, may elect to claim compensation under this Law, or to maintain an action at law or in admiralty for damages on account of such injury or death. In such action the defendant may not plead as a defense that the injury was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the injury was due to the contributory negligence of the employee. Section 7. TIME FOR COMMENCEMENT OF COMPENSATION: MAXIMUM AND MINIMUM COMPENSATION. (a) No compensation shall be allowed for the first seven days of the disability, except the benefits provided for in Section 8: Provided, however, that in case the injury results in disability of more than forty-nine days, the compensation shall be allowed from the date of the disability. (b) Compensation for disability shall not exceed $35 per week and compensation for total disability shall not be less than $12 per week; Provided that if the employee's average weekly wages, as computed under Section 10 are less than $12 per week, he shall receive as compensation for total disability his average weekly wages. Section 8. MEDICAL SERVICES AND SUPPLIES. (a) The employer shall furnish such medical, surgical, and other attendance or treatment; nurse, hospital service, medicine, crutches, and apparatus for such period as the nature of the injury or the process of recovery may require. If the employer fails to provide the same, after request by the injured employee, such injured employee may do so at the expense of the employer. The employee shall not be entitled to recover any amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have refused or neglected to do so, or unless the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge of such injury shall have neglected to provide the same; nor shall any claim for medical or surgical treatment be valid and enforceable, as against such employer, unless, within twenty days following the first treatment, the physician giving such treatment shall furnish to the employer and the Commissioner a report of such injury and treatment on a form prescribed by the Commission. The Commissioner may, however, excuse the failure to furnish such report within twenty days when he finds it to be in the interest of justice to do so, and he may, upon application by a party in interest, make an award for the reasonable value of such medical or surgical treatment so obtained by the employee. If at any time during such period the employee unreasonably refuses to submit to medical or surgical treatment, the Commissioner may, by order, suspend the payment of further compensation during such time as such refusal continues, and no compensation shall be paid at any time during the period of such suspension, unless the circumstances justified the refusal. (b) Whenever, in the opinion of the Commissioner, a physician has not impartially estimated the degree of permanent disability or the extent of temporary disability of any injured employee, the Commissioner shall have the power to cause such employee to be examined by a physician selected by the Commissioner and to obtain a report containing his estimate of such disabilities. If the report of such physician shows that the estimate of the physician has not been impartial from the standpoint of such employee, the Commissioner shall have the power, in his discretion, to charge the cost of such examination to the employer, if he is a self insurer, or to the insurance company which is carrying the risk. (c) All fees and other charges for treatment or service shall be limited to such charges as prevail in the same community for similar treatment of injured persons of like standard of living, and shall be subject to regulations by the Commissioner. (d) The liability of an employer for medical treatment as herein provided shall not be affected by the fact that his employee was injured through the fault or negligence of a third party, not in the same employ, unless and until notice of election to sue has been given or suit has been brought against such third party without the giving of such notice. The employer shall, however, have a cause of action against such third party to recover any amounts paid by him for such medical treatment in like manner as provided in Section 34 of this Law. Section 9. COMPENSATION FOR DISABILITY. Compensation for disability shall be paid to the employee as follows: (a) Permanent total disability. In case of total disability, adjudged to be permanent, 66-2/3 per centum of his average weekly wages shall be paid to the employee during the continuance of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts. (b) Temporary total disability. In case of disability total in character but temporary in quality 66-2/3 per centum of the average weekly wages shall be paid to the employee during the continuance thereof. (c) Permanent partial disability. In case of disability partial in character but permanent in quality the compensation shall be 66-2/3 per centum of the average weekly wages, which shall be in addition to compensation for temporary total disability or temporary partial disability paid in accordance with subsection (b) or subsection (e) of this section respectively and shall be paid to the employee as follows: (1) Arm lost, two hundred and eighty weeks compensation. (7) First finger lost, twenty-eight weeks compensation. (11) Toe other than great toe lost, eight weeks compensation. (12) Fourth finger lost, seven weeks compensation. (13) Loss of hearing. Compensation for loss of hearing of one ear, fifty-two weeks. Compensation for loss of hearing of both ears, two hundred weeks. (14) Phalanges. Compensation for loss of more than one phalange of a digit shall be the same as for loss of the entire digit. Compensation for loss of the entire digit. (15) Amputated arm or leg. Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated between the elbow and the wrist or the knee and the ankle, compensation shall be the same as for loss of a hand or foot. (16) Binocular vision or per centum of vision. Compensation for loss of binocular vision or for 80 per centum or more of the vision of an eye shall be the same as for loss of the eye. (17) Two or more digits. Compensation for loss of two or more digits, or one or more phalanges of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot. (18) Total loss of use. Compensation for permanent total loss of use of a member shall be the same as for loss of the member. (19) Partial loss or partial loss of use. Compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss of use of the member. (20) Disfigurement - The Commissioner shall award proper and equitable compensation for serious facial or head disfigurement, not to exceed $3,500. (21) Other cases. In all other cases of permanent partial disability the compensation shall be two-thirds of the difference between his average weekly wages and his wage-earning capacity thereafter in the same employment or otherwise, payable during the continuance of such partial disability; provided that, compensation payments shall be subject to reconsideration as to the degree of such impairment by the Commissioner on his own motion or upon application of any party in interest. (22) In any case in which there shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in paragraphs (1) to (19) of this subsection, not amounting to permanent total disability, the award of compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively, except that where the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection shall apply. (d) An award for disability may be made after the death of the injured employee. Any compensation to which any deceased claimant would be entitled under subsection (c), excepting paragraph (c-21), shall, notwithstanding death arising from cause other than the injury, be pay. able to and for the benefit of the persons following: (1) If there be a surviving wife or dependent husband and no child of the deceased under the age of eighteen years, to such wife or dependent husband. (2) If there be a surviving wife or dependent husband and surviving child or children of the deceased under the age of eighteen years, onehalf shall be payable to the surviving wife or dependent husband and the other half to the surviving child or children. (3) The Commissioner may in his discretion require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment for such a purpose shall not be necessary. (4) If there be a surviving child or children of the deceased under the age of eighteen years, but no surviving wife or dependent husband, then to such child or children. (e) Temporary partial disability. In case of temporary partial disability resulting in decrease of earning capacity the compensation shall be two-thirds of the difference between the injured employee's average weekly wage before the injury and his wage-earning capacity after the injury in the same or another employment. Compensation to be paid during the continuance of such disability, but not longer than 5 years. (f) Injury increasing disability. (1) If an employee receives an injury which of itself would only cause permanent partial disability but which, combined with a previous disability, does in fact cause permanent total disability, the employer shall provide compensation only for the disability caused by the subsequent injury: Provided, however, that in addition to compensation for such permanent partial disability, and after the cessation of the payments for the prescribed period of weeks, the employee shall be paid the remainder of the compensation that would be due for permanent total disability. Such additional compensation shall be paid out of the special fund established in Section 42. (2) In all other cases in which, following a previous disability, an employee receives an injury which is not covered by (1) of this subsection, the employer shall provide compensation only for the disability caused by the subsequent injury. In determining compensation for the subsequent injury or for death resulting therefrom, the average weekly wages shall be such sum as will reasonably represent the earning capacity of the employee at the time of the subsequent injury. (g) Maintenance for employees undergoing vocational rehabilitation. An employee who as a result of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation and who under the direction of the Commission, as provided by Section 40(c) of this Law, is being rendered fit to engage in a remunerative occupation, shall receive additional compensation necessary for his maintenance, but such additional compensation shall not exceed $10 a week. This expense shall be paid out of the special fund established in Section 42. (h) The wage-earning capacity of an injured employee in cases of partial disability under subsection (c) (21) of this section or under subsection (e) of this section shall be determined by his actual earnings if such actual earnings fairly and reasonably represent his wage-earning capacity: Provided that, if the employee has no actual earnings or if his actual earnings do not fairly and reasonably represent his wage-earning capacity, the Commissioner may, in the interest of justice, fix such wageearning capacity as shall be reasonable, having due regard to the nature of his injury, the degree of physical impairment, his usual employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabled condition including the effect of disability as it may naturally extend into the future. (i) In cases under subsection (c) (21) and subsection (e) of this section, whenever the Commission determines that it is for the best interests of an injured employee entitled to compensation, he may, with the approval of the Commission, approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of section 16 (b) and section 17 of this Law; provided that, the sum so agreed upon shall be payable in installments as provided in section 15 (b), which installments shall be subject to commutation under section 15 (j); and provided further, that if the employee should die from causes other than the injury after the Commission has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subsection, to and for the benefit of the persons enumerated in subsection (d) of this section. Section 10. COMPENSATION FOR DEATH. If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amounts and to or for the benefit of the persons following: (a) Reasonable funeral expenses not exceeding $400. (b) If there be a surviving wife or dependent husband no child of the deceased to such surviving wife or dependent husband 35 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood, with two years compensation in one sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 15 per centum of such wages for each child. In the case of the death or remarriage of such surviving wife or dependent husband, if there be one surviving child of the deceased employee, such child shall have his compensation increased to 35 per centum of such wages; and if there be more than one surviving child of the deceased employee, to such children, in equal parts, 35 per centum of such wages increased by 15 per centum of such wages for each child in excess of one; provided that, the total amount payable shall in no case exceed two-thirds of such wages. The Commissioner may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment of a guardian for such purposes shall not be necessary. (c) If there be one surviving child of the deceased, but no surviving wife or dependent husband, then for the support of such child 35 per centum of the wages of the deceased. If there be more than one surviving child of the deceased, but no widow or dependent husband, then for the support of such children, in equal parts 35 per centum of such wages increased by 15 per centum of such wages for each child in excess of one. The total amount payable under this subsection shall in no case exceed two-thirds of such wages. (d) If there be no surviving wife or dependent husband or child or if the amount payable to a surviving wife or dependent husband and to children shall be less in the aggregate than 66-2/3 per centum of the aver |