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Kansas

ployé arising out of and in the course of his employment." Part B, § 1.

It is provided that "no compensation shall be paid when the injury shall have been caused by the wilful and serious misconduct of the employé or by his intoxication." Part B, § 1.

ILLINOIS

The Illinois Act provides that the employer, who so elects, shall pay compensation "for accidental injuries sustained by any employé arising out of and in the course of the employment." § 1.

There are no special defenses based on wilful misconduct or intoxication in the Illinois Act.

IOWA

The Iowa Act omits the word "accident" and provides that the employer shall pay compensation for "personal injuries sustained by an employé arising out of and in the course of the employment." § 1 (a).

"§ 2. No compensation under this act shall be allowed for an injury caused:

"(a) By the employé's wilful intention to injure himself or to wilfully injure another; nor shall compensation be paid to an injured employé if injury is sustained where intoxication of the employé was the proximate cause of the injury."

KANSAS

The Kansas Act provides that "if in any employment to which this Act applies, personal injury by accident arising out of and in the course of employment is caused," etc. §1.

It is provided that the employer shall not be liable "if it is proved that the injury to the workman results from his deliberate intention to cause such injury, or from the wilful failure to use a guard or protection against accident required pursuant to any statute and provided for him, or a reasonable

Michigan

and proper guard and protection voluntarily furnished to him by said employer, or solely from his deliberate breach of statutory regulations affecting safety of life or limb, or from his intoxication. Any compensation in respect to that injury shall be disallowed." § 1 (b).

MARYLAND

The Maryland Act provides that "it shall be lawful for any employer to make a contract in writing with any employé whereby the parties may agree that an employé shall become insured against accident occurring in the course of the employment, which results in personal injury or death," etc.

There is nothing in the Maryland statute in relation to special defenses based on wilful misconduct.

MASSACHUSETTS

In the compensation feature of the Massachusetts Act it is provided that an employé is entitled to compensation when he "receives a personal injury arising out of and in the course of his employment." Part II, § 1. In that portion of the Massachusetts Act in which the common-law defenses are abolished a different wording is found. It is therein provided that "in an action to recover damages for personal injury sustained by an employé in the course of his employment, or for death resulting from personal injury so sustained it shall not be a defense," etc. Part I, § 1.

"If the employé is injured by reason of his serious and wilful misconduct he shall not receive compensation." Part II, § 2.

MICHIGAN

The Michigan Act provides that an employé who is subject to the Act is entitled to compensation if he "receives a personal injury arising out of and in the course of his employment." Part II, § 1.

Nebraska

It is provided that "if the employé is injured by reason of his intentional and wilful misconduct, he shall not receive compensation under the provisions of this Act." Part II, § 2.

MINNESOTA

The Minnesota Act provides that compensation shall be paid by an employer "in every case of personal injury or death to his employé, caused by accident, arising out of and in the course of employment." Part II, § 9.

"Personal injuries, etc.-Without otherwise affecting either the meaning or interpretation of the abridged clause, 'personal injuries arising out of and in the course of employment,' it is hereby declared:

"Not to cover workmen except while engaged in, on, or about the premises where their services are being performed, or where their service requires their presence as a part of such service at the time of the injury, and during the hours of service as such workmen, and shall not include an injury caused by the act of a third person or fellow employé intended to injure the employé because of reasons personal to him, and not directed against him as an employé, or because of his employment." § 34 (i).

Compensation will be denied where accidents "are intentionally self-inflicted or where the intoxication of such employé is the natural or proximate cause of injury, and the burden of proof of such facts shall be upon the employer." Part II, § 9.

NEBRASKA

The Nebraska Act provides that compensation shall be paid "in every case of injury or death caused by accident arising out of and in the course of the employment." Part VII, § 9.

Compensation is denied for accidents "resulting in any

New Jersey

degree from wilful negligence, as hereinafter defined, of the employé." Part II, § 9.

"For the purposes 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 the injury." Part III, § 52 (d).

NEVADA

The Nevada Act provides for compensation to employés "who sustain personal injury arising out of and in the course of the employment." § 1 (a). It will be observed that the word "accident" is omitted.

No compensation shall be allowed for an injury caused "by the employé's wilful intention to injure himself or to wilfully injure another; nor shall compensation be paid to an injured employé if injury is sustained while intoxicated." § 2 (a).

NEW HAMPSHIRE

Under the New Hampshire Act an employer who has adopted the compensation principle is liable to his employés "for any injury arising out of and in the course of their employment." § 3. It will be observed that the word "accident" was omitted from the New Hampshire Act.

It is provided that the employer "shall not be liable in respect of any injury to the workman which is caused in whole or in part by the intoxication, violation of law, or serious or wilful misconduct of the workman." § 3.

NEW JERSEY

The New Jersey Act provides for compensation "for personal injuries to or for the death of such employé by accident arising out of and in the course of his employment." § II, subd. 7.

Compensation is denied "when the injury or death is

Oregon

intentionally self-inflicted, or when intoxication is the natural and proximate cause of injury, and the burden of proof of such fact shall be upon the employer." § II, subd. 7.

NEW YORK

The New York Act provides that "injury" and "personal injury" mean "only accidental injuries arising out of and in the course of employment and such disease or infection. as may naturally and unavoidably result therefrom." §3, subd. 7. It is further provided that employers subject to the provisions of the Act shall pay compensation "for the disability or death of his employés resulting from an accidental personal injury sustained by the employé arising out of and in the course of his employment." § 10.

The employer is relieved from liability under the Compensation statute "where the injury is occasioned by the wilful intention of the injured employé to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employé while on duty." § 10.

OHIO

The Ohio Act provides that "every employé mentioned in subdivision one of section 14 hereof who is injured, and the dependents of such as are killed in the course of employment, wheresoever such injury has occurred, provided the same was not self-inflicted, on or after January 1, 1914, shall be paid such compensation out of the State Insurance fund for the loss sustained on account of such injury or death as is provided," etc. § 1465-68; § 21 of Act of 1913.

OREGON

The Oregon Act provides that compensation shall be paid to an employé who "sustains personal injury by accident arising out of and in the course of his employment." § 12.

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