VI. Questions as to who constitute dependents, and the extent of their dependency shall be determined as of the dates as herein provided and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the death benefit shall be directly payable to the dependent or dependents entitled thereto, or their legal representatives; provided, notwithstanding, that when a right to a death benefit shall have become fixed, it shall cease upon the happening of any one of the following contingencies:

(1) Upon the marriage of the widow or widower.

(2) When a child reaches the age of eighteen years, unless said child at such time is physically or mentally incapacitated from earning.

(3) Upon the death of any dependent.

VII. Death benefits under this act to dependents who are non-residents of the United States shall be one-third of the amount which a dependent who is a resident of the United States might receive; provided, that in no event shall death benefits to dependents who are non-residents of the United States exceed the aggregate sum of one thousand dollars.

VIII. No dependent of an injured employee shall be deemed, during the life of such employee, a party in interest to any proceeding by him for the enforcement or collection of any claim for compensation, nor as respects the compromise thereof by such employee.

(g) The average weekly wage of the injured person at the time of the injury shall be taken as the basis upon which to compute the benefits; such average weekly earnings shall be one fiftysecond (1-52) of the average annual earrings of the employee.

I. The average weekly earnings for all employees shall be taken at not less than the minimum nor more than the maximum provided in this act. Between said limits, said average annual earnings shall be determined as follows:

II. If the injured employee has worked in the employment in which he was working at the time of the accident, whether for the same employer or not, during substantially the whole of the year immediately preceding his injury, his average annual earning shall consist of three hundred times the average daily wage or salary which he has earned in such employment during the days when so employed.

III. If the injured employee shall not have worked in such employment during substantially the whole of such immediately preceding year, his average annual earnings shall consist of the average daily wage or salary which such employee shall have earned in such employment during days when so employed, multiplied by the number of days that he shall have worked in all employments during said year.

(h) In cases where the foregoing methods of arriving at the average annual earnings of the injured employee cannot rea

sonably and fairly be applied, such average annual earnings shall be taken at such sum as, having regard to the previous earnings of the injured employee, and of other employees of the same or most similar class, working in the same or most similar employment, in the same or a neighboring locality shall reasonably represent the average annual earning capacity of the injured employee at the time of the accident, in the employment in which he was working at such time.

I. If an employee is a minor, and is permanently disabled, his weekly earnings shall be determined on the basis of the earnings that such minor, if not disabled, would probably earn. If it is established that the injured employee was of such age and experience when injured as that under natural conditions his wages would be expected to be increased, the fact may be considered in arriving at his average weekly wage.

II. The fact that an employee has suffered a previous disability, or received compensation therefor, shall not preclude compensation for a later injury, or for death; but in determining compensation for the later injury, or death, his average annual earnings shall be such sum as will reasonably represent his average annual earning capacity at the time of the later injury, in the employment in which he was working at such time, and shall be arrived at according to, and subject to, the limitations of the provisions of this section.

(i) The weekly loss in wages referred to in this act shall consist of such percentage of the average weekly earnings of the injured employee, computed according to the provisions of this act, as shall fairly represent the proportionate extent of the impairment of his earning capacity in the employment in which he was working at the time of the accident and other suitable employments, the same to be fixed as of the time of the accident, but to be determined in view of the nature and extent of the injury.

(j) The term "safe" or "safety" as applied to an employment or place of employment, shall mean such freedom from danger to the life, health and safety of employees, and such reasonable means of notification, egress and escape in case of fire, as the nature of the employment will reasonably permit.

Section 5. In an action to recover damages for a personal injury sustained within this state by an employee on and after the 1st day of August, 1915, while engaged in the line of his duty as such, or for death resulting from personal injuries so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of the officer, agent, or servant of the employer, it shall not be a defense:

(a) That the employee, either expressly or impliedly, assumed the risk of the hazard complained of as due to the employer's negligence;

(b) That the injury or death was caused, in whole or in part, by the want of ordinary care of a fellow servant.

(c) That the injury or death was caused, in whole or in part by the want of ordinary care of the injured employee where such want of care was not wilful.

Section 6. Any employer who has elected to and has complied with the provisions of this act, including the provisions relating to insurance, shall not be subject to the provisions of Section 5 of this act; nor shall such employer be subject to any other liability whatsoever for the death of or personal injury to any employee, except as in this Act provided; and all causes of action, actions at law, suits in equity and proceedings whatever, and all statutory and common law rights and remedies for and on account of such death or of personal injury to any such employee are hereby abolished except as in this Act provided.

Section 7. If an employer has elected to and has complied with the provisions of this Act, and an action is brought against such employer to recover damages for personal injuries or death sustained by an employee who has elected not to come under this act, then such employer shall have all the defenses to such an action which he would have had if this Act and that certain other act entitled: "An Act Concerning Assumption of Risk," being chapter 43, upon page 115 of the session laws of 1913, had not been enacted.

Section 8. The right to the compensation provided for in this Act, in lieu of any other liability whatsoever, to any and all persons whomsoever, for any personal injury or death accidentally sustained on and after August 1st, 1915, shall obtain in all cases where the following conditions concur:

I. Where, at the time of the accident, both employer and employee are subject to the provisions of this Act.

II. Where, at the time of the accident, the employee is performing service arising out of and in the course of his employment.

III. Where the injury is proximately caused by accident arising out of and in the course of his employment, and is not intentionally self-inflicted or intentionally inflicted by another.

Section 9. Such election on the part of any employer including the employer of private domestic servants, farm and ranch laborers or of three or less employees may be made by filing with the Commission a written statement to the effect that he accepts the provisions of this act, the filing of which statement shall operate to subject such employer to the provisions of this Act for the term of one (1) year from the date of filing such statement, and thereafter, without further act on his part, for successive terms of one year each, unless such employer shall, at ́least sixty days prior to the expiration of such first or any succeeding year, file in the office of said commission a notice in writing to the effect that he desires to withdraw his election to be subject to the provisions of this Act.

II. On and after August 1, 1915, every employer of four or more employees, not including private domestic servants and farm and ranch laborers, engaged in a common employment, shall be conclusively presumed to have accepted the provisions of this Act, unless, prior to that date, such employer shall have filed with the Commission a notice in writing to the effect that he elects not to accept the provisions of this Act; and the employer shall have the right to withdraw his election at the time and in the manner above specified.

Provided, That any employer commencing business subsequent to August 1st, 1915, may make his election not to become subject to the provisions of this Act at any time prior to becoming an employer of four or more employees, in a common employment, exclusive of private domestic servants and farm and ranch laborers, by giving written notice as above provided. Such employer may withdraw from the provisions of said sections of this Act at the expiration of one year, or at the expiration of any succeeding year, in the manner provided in this Act.

III. Every employer, whether electing to accept or reject the provisions of this Act, shall cause printed notice thereof to be posted in and about his place of employment in a conspicuous manner and in sufficient places frequented by his employees, as to reasonably notify such employees that he is or is not, as the case may be, subject to the provisions of this Act, and shall likewise cause similar notice to be given of the filing of any change of such election on his part.

Section 10. Any employer electing to become subject to the provisions of this Act, shall secure compensation to his employees in one of the following ways:

1. By insuring and keeping insured the payment of such compensation in the state compensation insurance fund, or,

2. By insuring and keeping insured the payment of such compensation with any stock or mutual corporation authorized to transact the business of workmen's compensation insurance in this state. If insurance be so effected in such a corporation or mutual corporation the employer shall forthwith file with the Commission, in form prescribed by it, a notice specifying the name of such insurance corporation or mutual corporation together with a copy of the contract or policy of insurance.

3. By furnishing satisfactory proof to the Commission of his financial ability to pay such compensation direct to his employees as hereinafter provided.

Section 11. Every insurance corporation or mutual corporation, except the State Compensation Insurance Fund as administered by the Industrial Commission of Colorado, authorized to transact business in this state, which insures employers against liability for compensation under the provisions of this Act, shall file with the commission its classification of risks and premiums

relating thereto, and any subsequent proposed classification of risks and premiums, together with basic rates and schedules, if a system of schedule rating be in use, none of which shall take effect until the Commission shall have approved the same as adequate for the risks to which they respectively apply. The Commission may withdraw its approval of any premium rate or schedule made by any insurance corporation or mutual corporation if, in its judgment, such premium rate or schedule is inadequate to provide the necessary reserves.

Every contract for the insurance of compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of this Act, and all provisions thereof in such insurance policy inconsistent with the provisions of this Act shall be void.

Every contract insuring against liability for compensation, or insurance policy evidencing the same, must contain a clause to the effect that the insurance carrier shall be directly and pri marily liable to the employee, and in the event of his death, to his dependents, to pay the compensation, if any, for which the employer is liable; that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier; that jurisdiction of the employer shall, for the purpose of this act, be jurisdiction of the insurance carrier and that the insurance carrier shall in all things be bound by and subject to the orders, findings, decisions or awards rendered against the employer under the provisions of this Act.

Such policy must also provide that the employee shall have a first lien upon any amount which shall become owing on account of such policy to the employer from the insurance carrier and that in case of the legal incapacity or inability of the employer to receive the said amount and pay it over to the employee or his dependents, the said insurance carrier may and shall pay the same directly to the said employee or his dependents, thereby discharging to the extent of such payment the obligations of the employer to the employee, and such policy shall not contain any provisions relieving the insurance carrier from payment when the employer becomes insolvent or is discharged in bankruptcy, or otherwise, during the period that the policy is in operation or the compensation remains owing.

Section 12. Any employee may become subject to the provisions of this Act, and shall be deemed to have accepted, and shall be subject to the provisions thereof if at the time of the accident upon which liability is claimed:

(a) His employer is subject to the provisions of this Act, when the employee has actual notice thereof; and if,