WORKMEN'S COMPENSATION LAW. 289
in writing or statement declining such offer; and at the ex-
piration of said period of thirty days the terms of said agree-
ment shall be mutually binding upon the employer and upon,
every employee not so declining, but any employee or the em-
ployer may at any time by filing with the Commission not less
than thirty days' notice in writing of his or its intention so
to do, terminate such agreement upon his or its part as to all
accidental injuries occurring after the expiration of such
notice.
SEC. 34. Whenever the State, county, city or any munici-
pality shall engage in any extra-hazardous work within the
meaning of this Act in which workmen are employed for
wages, this Act shall be applicable thereto. Whenever and so-
long as by State law, City Charter or Municipal Ordinance,
provision equal or better than that given under the terms of
this Act is made for municipal employees injured in. the course
of employment such employees shall not be entitled to the
benefits of this Act.
SEC. 35. Each employee (or in case of death his family or
dependents), entitled to receive compensation under this Act
shall receive the same in accordance with the following
schedule, and except as in this Act otherwise provided, such.
payment shall be in lieu of any and. all rights of action what-
soever against any person whomsoever.
1. Permanent total disability. In case of total disability
adjudged to be permanent fifty per centum of the average
weekly wages shall be paid to the employee during the con-
tinuance of such total disability, exclusive of the first week,
not to exceed a maximum of twelve dollars per week and not
less than a minimum of five dollars per week unless the em-
ployee's established, weekly wages are less than five dollars per
week at the time of the injury, in which event he shall receive
compensation in an amount equal to his average weekly wages,
but not to exceed a total of $5,000.00. 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 ac-
cordance with the facts.
2. Temporary total disability. In case of temporary total
disability fifty per centum of the average weekly wages shall
be paid to the employee during the continuance thereof, but
not in excess of a maximum of twelve dollars per week and
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