child over such age, father, mother, grandfather, or grandmother, who, at the time of the injury causing death is dependent in whole or in part for his or her support upon the earnings of the employee.

Wisconsin. The following shall be conclusively presumed to be solely and wholly dependent for support upon a deceased employee: (a) A wife upon a husband with whom she is living at the time of his death; (b) a husband upon a wife with whom he is living at the time of her death; (c) a child or children under the age of 18 years (or over said age but physically or mentally incapacitated from earning), upon the parent with whom he or they are living at the time of the death of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent, the death benefit shall be divided between such dependents in such proportion as may be determined by the commission after considering the ages of such dependents and other facts bearing on such dependency.

In all other cases questions of entire or partial dependency shall be determined in accordance with the fact, as the fact may be at the time of the accident to the employee; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons partially dependent, if any, shall receive no part thereof; and if there is more than one person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency. No person shall be considered a dependent unless a member of the family of the deceased employee, or one who bears to him the relation of husband or widow, or lineal descendant or ancestor, or brother or sister.

DETERMINATION OF AMOUNT OF COMPENSATION AND SETTLEMENT OF

DISPUTES.

Arizona.-Determined either by written agreement between the parties or by arbitration or by reference and submission to the attorney general; in case of a refusal or a failure of the parties to agree upon a settlement by either of these modes then by a civil action at law. If employer fails to make or pay compensation for a period of three months after the accident, or for two months after the payment of the last monthly compensation, then the beneficiary may bring an action to enforce the payment, the judgment of which shall be for a sum equal to the amount of payments then due and prospectively due under the provisions of the statute. The court awarding the judgment shall direct that the judgment be paid ratably in installments, or by agreement of parties the court may direct that it be paid in lump sum if the court believes it to be to the best interests of the work

man.

California. By release or settlement agreement, which shall be valid only when it provides for the payment of full compensation in accordance with the provisions of the statute and

approved by the industrial accident commission with whom it must be forthwith filed; whereupon the commission may, of its own motion, or upon application of either party, without notice, enter its award based upon such release or settlement agreement. A settlement agreement must be in writing, duly executed, attested by two disinterested witnesses, and must specify the date of the accident, the average weekly wages of the employee, the nature of the disability, whether total or partial, permanent or temporary, the amount paid or due and unpaid to the employee up to the date of the release or agreement, or both, as the case may be, if any, the amount of the payments or benefits then or thereafter to be made, and the length of time that such payment is to continue; in case of death, the name of the widow, if any, the names and ages of all children, if any, the names of all the dependents, if any, and whether such dependents be total or partial.

In case of dispute, either party may file with the industrial accident commission an application for a hearing. The commission may hear the controversy or refer it to one or more referees. Any award or order by the industrial accident commission may be reviewed by writ of certiorari, upon the hearing of which the findings and conclusions of the commission on questions of fact shall be conclusive and final, and the only questions considered in the review are whether or not the commission acted without or in excess of its powers, or was the order or decision secured by fraud, or is the order, decision, rule, or regulation, unreasonable, and whether or not the findings of fact support the order, decision, or award under review. The industrial accident commission has full power and authority to adopt reasonable rules for practice and procedure.

Connecticut. Volunteer agreements: If an employer and an injured employee, or in case of fatal injury hís legal representative, shall, not earlier than two weeks after the date of the injury, reach an agreement in regard to compensation, such agreement shall by the employer be submitted in writing to the commissioner, with a statement of the time, place, and nature of the injury upon which it is based; and if said commissioner shall find said agreement to conform to the provisions of this act in every regard he shall so approve it. Every agreement thus approved shall be filed in the office of the clerk of the superior court for the county in which the injury occurred and a copy thereof shall be retained by the commissioner, and a copy of the same delivered to each of the parties and thereafter it shall be as binding upon both parties as an award by the commissioner. Such agreements shall be subject to subsequent modification as changed conditions may justify, but no modification shall be valid until approved and filed by the commissioner.

If employer and employee are unable to agree, the matter is submitted to the commissioner, who makes the award. Illinois. Any settlement agreement executed between the parties within seven days after the injury is presumed to be fraudu

lent, and no employee, person, representative, or beneficiary shall have power to waive any of the provisions of the statute with regard to the amount which may be payable, except after approval by the industrial board.

Unless settled by agreement, all questions are to be decided in the first instance by an arbitration committee of three members, one to be selected by each of the parties and the third to be a member or appointee of the industrial board. The decision of such committee is subject to review by the industrial board. The decisions of the board, in the absence of fraud, are conclusive, but subject, however, to review by the supreme court on questions of law.

Iowa. Settlement agreements must be filed with the industrial commissioner, and be approved by him, and shall be approved by him only when terms conform with the provisions of the statute. In case of dispute, either party may notify the industrial commissioner, who shall thereupon call for the formation of a committee of arbitration, consisting of three persons, one of whom shall be the industrial commissioner, who shall act as chairman; the other two shall be named respectively by the two parties. The industrial commissioner has power to review and revise the decision of the arbitration committee. The decision of the commissioner may be presented to the district court and a decree in accordance therewith rendered. There shall be no appeal therefrom upon questions of fact.

Kansas. Compensation due under the act may be settled by agree

ment.

Every agreement for compensation and every award shall be in writing, signed and acknowledged by the parties or by the arbitrator or secretary of the committee herein before referred to, and shall specify the amount due and unpaid by the employer to the workman up to the date of the agreement or award, and, if any, the amount of the payments thereafter to be paid by the employer to the workman and the length of time such payments shall continue.

If compensation be not so settled by agreement: (a) If any committee representative of the employer and the workman exists, organized for the purpose of settling disputes under this act, the matter shall, unless either party objects by notice in writing delivered or sent by registered mail to the other party before the committee meets to consider the matter, be settled in accordance with its rules by such committee or by an arbitrator selected by it. (b) If either party so objects, or there is no such committee, or the committee or the arbitrator to whom it refers the matter fails to settle it within 60 days from the date of the claim, the matter may be settled by a single arbitrator agreed on by the parties, or appointed by any judge of a court where an action might be maintained. The consent to arbitration shall be in writing and signed by the parties and may limit the fees of the arbitrator and the time within which the award must be made. And unless such consent and the order of appointment expressly refers other questions, only

the question of the amount of compensation shall be deemed to be in issue. Maryland. By agreement of the parties, by arbitration, or by the judge of the circuit court.

Massachusetts. If the insurer and the injured employee reach an agreement in regard to compensation, memorandum of it must be filed with the industrial-accident board and approved by it. Such approval shall be given only when the terms conform with the provisions of the act.

In case of failure to agree, either party may notify the industrial-accident board, who shall thereupon call for the formation of a committee of arbitration. The committee of arbitration shall consist of three members, one of whom shall be a member of the industrial-accident board and shall act as chairman. The other two members shall be named, respectively, by the two parties.

The decision is final unless claim for a review before the board is filed by either party within seven days. If claim for a review is filed, the board shall hear the parties and may hear evidence, revise the decision of the committee, or refer back for further findings of fact. No parties shall have the right to a second hearing.

Where proceedings are brought, prosecuted, or defended without reasonable ground, the committee of arbitration, industrial-accident board, or any court before whom any such proceedings are brought under the act may assess the whole cost upon the offending party.

A memorandum of the agreement, approved by the board, or an order or decision of the board may be filed with the superior court, which shall thereupon render a decree in accordance therewith. There shall be no appeal from such a decree upon questions of fact.

Michigan. If employer or insurer of injured employee reach an agreement, a memorandum of same must be filed with the industrial accident board and must be final and binding if approved by the board. The board shall approve such agreement only when it conforms with the conditions of the act.

In case of failure to agree, either party may notify industrial accident board, who shall thereupon call for the formation of a committee of arbitration which shall consist of three members, one of whom shall be a member of the accident board and shall act as chairman.

Hearings to be held at the locality where injury occurred and decision of committee to be filed with the industrial accident board. The decision shall be final unless a claim for a review before the board is filed within seven days.

If claim for review is filed, the board shall promptly review the decision at such place as the board shall deem advisable. The findings of fact by the industrial accident board upon review shall be conclusive, but the supreme court shall have power to review questions of law involved in determination of board.

Minnesota. All settlement agreements shall be in accordance with the provisions of the act, and shall be approved by a judge of the district court. In case of dispute, either party may submit claim to a judge of the district court, who is authorized to hear and determine such disputes in a summary manner, and his decisions as to all questions of fact are conclusive and binding. Decisions on questions of law may be reviewed by certiorari.

Nebraska. Parties have the right to settle all matters of compensation between themselves. A report of such settlements shall be filed with the employer and with the labor commissioner within 60 days of such settlement. In case of dispute, claim may be submitted to arbitration in such manner or method as may be mutually agreed upon, or claim may be submitted by either party to the district court, which court shall have authority to hear and determine the cause as a suit in equity and enter a final judgment. An appeal may be prosecuted in accordance with the laws of the State regulating appeals.

Nevada. The injured workman, or, in case of death, the parties entitled to compensation under the act, must file application with industrial insurance commission, together with a certificate from the physician who attended the injured person, and it shall be the duty of the physician to inform the injured workman of his rights under the act and to lend all necessary assistance in making the application for compensation; and such proof of other matters as required by the rules of the department, without charge to the workman.

No expressed provision for a hearing or for an appeal is made by the statute other than the provision giving the commission power to adopt reasonable and proper rules to govern its procedure, the nature and extent of the proofs and evidence, and the method of taking them and furnishing the same.

New Hampshire.-By agreement between the parties or by an action at equity. The judgment in such action shall be for a lump sum equal to the amount of payments then prospectively due under the act.

New Jersey.-No agreement between the parties for a lesser sum than that which may be determined by the judge of the court of common pleas to be due shall operate as a bar to the determination of a controversy upon its merits, or to the award of a larger sum, if it shall be determined by the said judge that the amount agreed upon is less than the injured employee or his dependents are properly entitled to receive. In case of dispute, either party may submit a claim, both as to questions of fact, nature, and effect of the injuries, and the amount of compensation therefor according to the schedule provided, to the judge of the court of common pleas, which judge is hereby authorized to hear and determine such disputes in a summary manner, and his decision as to all question of fact shall be conclusive and binding.