tly from the employer's negligence and the burden of
rebutting said presumption shall rest upon the latter.[149]
Contracts limiting liability for injuries, consummated in advance of
the injury received, may be prohibited by the State, which may further
stipulate that subsequent acceptance of benefits under such contracts
shall not constitute satisfaction of a claim for injuries thereafter
sustained.[150] Also, as applied to a nonresident alien employee hired
within the State but injured on the outside, an act forbidding any
contracts exempting employers from liability for injuries outside the
State has been construed as not denying due process to the
employer.[151] The fact that a State, after having allowed employers to
cover their liability with a private insurer, subsequently withdrew that
privilege and required them to contribute to a State Insurance Fund was
held to effect no unconstitutional deprivation as applied to an employer
who had obtained protection from an insurance company before this change
went into effect.[152] Likewise, as long as the right to come under a
workmen's compensation statute is optional with an employer, the latter,
having chosen to accept benefits thereof, is estopped from attempting to
escape its burdens by challenging the constitutionality of a provision
thereof which makes the finding of fact of an industrial commission
conclusive if supported by any evidence regardless of its
preponderance.[153]
When, by the terms of a workmen's compensation statute, the wrongdoer,
in case of wrongful death, is obliged to indemnify the employer or the
insurance carrier of the employer of the decedent, in the amount which
the latter were required under said act to contribute into special
compensation funds, no unconstitutional deprivation of the wrongdoer's
property was discernible.[154] By the same course of reasoning neither
the employer nor the carrier was held to have been denied due process by
another provision in an act requiring payments by them, in case an
injured employee dies without dependents, into special funds to be used
for vocational rehabilitation or disability compensation of injured
workers of other establishments.[155] Compensation also need not be
based exclusively on loss of earning power, and an award authorized by
statute for injuries resulting in disfigurement of the face or head,
independent of compensation for inability to work, has been conceded to
be neither an arbitrary
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