(b If the parties cannot agree, then at any time after six months from the date of the agreement or award, an appiication may be made to the court by either party on the ground of increase or decrease of incapacity due solely to the injury, or that the condition of a dependent has changed as to age or marriage, or by reason of the death of a dependent. In such case the same procedure shall be followed as in Section 3680 in case of disputed claim for compensation.

Sec. 19. Amendment.-That Section 3684, Revised Statutes for the year 1913 be amended to read as follows:

3684 Sec. 134. Payments to trustees-when.-At any time. after the amount of any award has been agreed upon by the parties and approved by the compensation commissioner, or found and ordered by the court, a sum equal to the present value of all future installments of compensation may (where death or the nature of the injury renders the amount of future payments certain) by leave of court, be paid by the employer, or by the insurance company carrying such risk, as the case may be, to any savings bank or trust company of this state, in good standing, and such sum together with all interest thereon, shall thereafter be held in trust for the employe or the dependents of the employe, who shall have no further recourse against the employer. The payment of such sum by the employer, evidenced by the receipt of the trustee to be filed with the Compensation Commissioner, shall operate as a satisfaction of said award as to the employer. Payments from said fund shall be made by the trustee in the same amounts and at the same time as are herein required of the employer until said fund and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the court, to the choice of the injured employe or the dependents of the deceased employe, as the case may be.

Sec. 20. Amendment. That Section 3686, Revised Statutes for the year 1913, be amended to read as follows:

3686 Sec. 136. Report of accidents and adjustments.-Reports of accidents and settlements shall be made in form and manner as prescribed and directed by the Compensation Commissioner. Such reports, if filed by an insurance company on behalf of an employee, shall be deemed to have been filed by the employer.

Ch. 85)

Insurance by Employer

215

When an injury results in the death of an employe who is a citizen or subject of a foreign country, the Compensation Commissioner shall, after such death has been reported to him, at once notify the superior consular officer of the country of. which the employe at the time of his death, was a citizen or subject, and whose consular district embraces the State of Nebraska, or the representative, residing in the State of Nebraska, of such consular officer, whom he shall have formally designated as his representative by a communication in writing to the Compensation Commissioner. Such notification shall contain in addition to the name of the employe, such further information as the Compensation Commissioner may possess respecting the place of birth, parentage, and names and addresses of the dependents of the employe.

Sec. 21. Amendment.-That Section 3687, Revised Statutes for the year 1913, be amended to read as follows:

3687 Sec. 137. Insurance by employer.-Every employer in the occupations described in Section 97 of this chapter shall either insure and keep insured his liability under this article in some corporation, association or organization authorized and licensed to transact the business of workmen's compensation insurance in this state, or shall furnish to the Compensation Commissioner satisfactory proof of his financial ability to pay direct the compensation in the amount and manner and when due as provided for in this act. In the latter case the Compensation Commissioner may in his discretion require the deposit of an acceptable security, indemnity or bond to secure the payment of compensation liabilities as they are incurred. Every employer who fails, neglects or refuses to comply with the conditions set forth in this section shall be deemed to have elected not to come under Part II hereof, and shall be required to respond in damages to an employe for personal injuries, or where personal injuries result in the death of an employe, then to his dependents, in like manner as if the employer had filed an election with the Compensation Commissioner rejecting the provisions of Part II of the compensation act.

Sec. 22. Amendment.-That Section 3688, Revised Statutes for the year 1913, be amended to read as follows:

3688 Sec. 138. Insurance policies. No policy of insurance against liability arising under this act shall be issued unless it

contains the agreement of the insurer that it will promptly pay to the person entitled to same all benefits conferred by this act, and all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by any default of the insured after the injury, or by any default in the giving of any notice required by such policy, or otherwise. Such agreement shall be construed to be a direct promise by the insurer to the person entitled to compensation enforceable in his name.

Every policy for the insurance of the compensation herein provided, or against liability thereof, shall be deemed to be made subject to the provisions of this act. No corporation, association or organization shall enter into any such policy of insurance unless its form shall have been approved by the compensation commissioner.

All policies insuring the payment of compensation under this act must contain a clause to the effect that as between the employer and the insurer the notice to or knowledge of the occurrence of the injury on the part of the insured shall be deemed notice or knowledge, as the case may be, on the part of the insurer; that jurisdiction of the insured for the purpose of this act shall be jurisdiction of the insurer; and that the insurer shall in all things be bound by and subject to the awards, judgments or decrees rendered against such insured.

Sec. 23. Amendment. That Section 3693, Revised Statutes for the year 1913, be amended to read as follows:

3693 Sec. 143. Words and phrases defined. Throughout this act, the following words and phrases as used therein shall be considered to have the following meaning respectively, unless the context shall clearly indicate a different meaning in the construction used:

(a) The term "Physician" shall include "Surgeon" and in either case shall mean one legally authorized to practice his profession within the State of Nebraska, and in good standing in his profession at the time.

(b) The word "Accident" as used in this act shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforseen event happening

Ch. 85)

Definitions

217

suddenly and violently, with or without human fault and producing at the time objective symptoms of an injury.

The term "Injury" and "personal injuries" shall mean only violence to the physicial structure of the body and such disease or infection as naturally results therefrom. The said terms shall in no case be construed to include occupational disease in any form, or any contagious or infectious disease contracted during the course of employment, or death due to natural causes but occurring while the workman is at work.

"Death" when mentioned as a basis for the right to compensation means only death resulting from such violence and its resultant effects occurring within three hundred and fifty weeks after the accident.

(c) Without otherwise affecting either the meaning or interpretation of the abridged clause, "Personal injuries arising out of and in the course of employment," is hereby declared:

Not to cover workmen except while engaged in, on or about the premises where their duties are being performed, or where their service requires their presence as a part of such services at the time of the injury, and during the hours of service as such workmen.

(d) For the purpose of this act, wilful negligence shall consist of (1) deliberate act, or (2) such conduct as evidences reckless indifference to safety, or (3) intoxication at the time of injury, such intoxication being without the consent or knowledge or acquiescence of the employer or the employer's agent.

(e) Whenever in this act the singular is used, the plural shall be included: where the masculine gender is used, the feminine shall be included.

(f) The designation "State Insurance Commissioner" or "Insurance Commissioner" as used herein is intended to mean the state official who has charge of the Insurance Department of the State of Nebraska.

(g) The "court" as used herein shall mean the District Court which would have jurisdiction in an ordinary civil case involving a claim for the injuries or death in question, and the "judge' shall mean a judge of said court.

(h) The designation "Compensation Commissioner" or "Commissioner" as used herein is intended to mean the state official designated by the statutes to administer this article.

Sec. 24. Attorney general and county attorneys represent employes. It shall be the duty of the county attorneys of the several counties and the attorney general of the State to appear as counsel for claimants for compensation and benefits under this article, and to assist and act in an advisory capacity to the Compensation Commissioner, upon his request.

Sec. 25. Act not affect past injuries. It is expressly provided that not anything contained in this entire amendatory act is intended to or shall operate to affect the amount or amounts recoverable for any character of injury sustained by any person or persons prior to the going into effect of this amendatory act.

Sec. 26. Compensation division of labor bureau.-There is hereby created a Compensation Division in the Bureau of Labor for the State of Nebraska.

Sec. 27. Compensation commissioner-duties-powers.-The Commissioner of Labor of the state is hereby made the compensation commissioner and there is hereby imposed upon him the duty of executing all of the provisions of Article VIII, Chapter 35, Revised Statutes of Nebraska for the year 1913, and any act or acts amendatory thereof. To aid him in the discharge of his duty he is hereby authorized to appoint a chief deputy compensation commissioner who shall serve for a period of two years from the date of appointment and until his successor is appointed and qualifies, and shall receive such remuneration for his services and in such manner as provided by legislative enactment. The chief deputy compensation commissioner shall succeed to the powers and discharge the duties vested in the compensation commissioner. The compensation commissioner shal! from time to time promulgate such rules and regulations as are necessary and proper to promptly and effectively enforce the provisions of Article VIII, Chapter 35, Revised Statutes of Nebraska for the year 1913, and any act or acts amendatory thereof. In the performance of his duties the Compensation Commissioner, and the chief deputy compensation commissioner, is authorized and empowered to examine under oath or otherwise any person, any employe, any employer, any agent or superintendent or foreman or officer of any co-partnership or corporation, or any