ART. 101] CLAIMS——BENEFITS. 963

the employer to furnish the same, and the employer shall have refused
or neglected to do so. All fees and other charges for such treatment
and services shall be subject to regulations by the commission, and
shall be limited to such charges as prevail in the same community for
similar treatment of injured persons of a like standard of living, and
in case death ensues from the injury within two years, reasonable
funeral expenses shall be allowed not to exceed the sum of seventy-five
dollars ($75). Provided, however, that if there are no dependents and
the deceased employe leaves sufficient estate to pay same, all expenses
of last sickness and burial shall be paid by said estate and not by the
employer or insurance company or Commission out of the State Acci-
dent Fund, as the case may be. The Commission shall have full power
to adopt rules and regulations with respect to furnishing medical, nurse,
hospital services and medicine to injured employes entitled thereto and
for the payment therefor.

1914, ch. 800, sec. 37.

38. Notice of an injury for which compensation is payable under
this article shall be given to the employer within ten days after the
accident, and also in case of the death of the employe resulting from
such injury, within thirty days after such death. Such notice may be
in writing, and contain the name and address of the employe, and
state in ordinary language the time, place, nature and cause of the
injury, and be signed by him or by a person on his behalf, or in case
of death, by any one or more of his dependents, or by a person on their
behalf. The failure to give such notice, unless excused by the Com-
mission either on the ground that notice for some sufficient reason could
not have been given, or on the ground that the State Accident Fund,
insurance company, or employer, as the case may be, has not been preju-
diced thereby, shall be a bar to any claim under this article.

Whenever an accident occurs to any employe it shall be the duty of
the employer to at once report such accident and the injury resulting
therefrom to the Commission, and also to any local representative of
the Commission. Such report shall state (a) the time, cause and nature
of the accident and injuries, and the probable duration of the injury
resulting therefrom; (b) whether the accident arose out of or in the
course of the injured person's employment; (c) any other matters the
rules and regulations of the Commission may prescribe.

1914, ch. 800, sec. 38.

39. Where an employe is entitled to compensation under this arti-
cle he shall file with the Commission his application within thirty days
together with the certificate of the physician, if any. who attended him.

Where death results from injury the parties entitled to compensa-
tion under this article or someone in their behalf, shall make applica-
tion for the same to the Commission, which application must be accom-
panied with proof of death and proof of relationship showing the par-