962 WORKMENJS COMPENSATION. . [ART. 101

difference between his average weekly wages and hiswage earning
capacity thereafter in the same employment or otherwise, if less than
before the accident, during the continuance of such partial disability,
but not in excess of three thousand five hundred dollars, except as other-
wise provided in this article.

In case the injury causes death within the period of two years, the
benefits shall be in the amounts and to the persons following:

If there be no dependents, the disbursements shall be limited to the
expenses provided for in Section thirty-seven hereof.

If there are wholly dependent persons at the time of the death, the
payment shall be fifty per cent, of the average weekly wages, and to
continue for the remainder of the period between the date of the death
and eight years after the date of the injury, and not to amount to
more than a maximum of four thousand two hundred and-fifty dollars,
nor less than a minimum of one thousand dollars.

If there are partly dependent persons at the time of the death, the
payment shall be fifty per cent, of the average weekly wages, and to.
continue for all or such portion of the period of eight years after the
date of the injury, as the Commission in each may determine, and not
to amount to more than a maximum of three thousand dollars.

The following persons shall be presumed to be wholly dependent for
support upon a deceased employe: A wife or invalid husband ("In-
valid" meaning one physically or mentally incapacitated from earn-
ing), a child or children under the age of sixteen years (or over said
age if physically or mentally incapacitated from earning) living with
or dependent upon the parent at the time of the injury or death.
In all other cases, questions of dependency, in whole or in part, shall
be determined in accordance with the facts in each particular case
existing at the time of the injury resulting in death of such employe,
but no person shall be considered as dependent unless such person be a
father, mother, grandfather, grandmother, stepchild or grandchild, or
brother or sister of the deceased employe, including those otherwise
specified in this section.

An alien shall not be considered a dependent within the meaning of
this article unless he be a resident within the United States.
As to negligence causing death, see article 67.

1914, ch. 800, sec. 36.

37. In addition to the compensation provided for herein the em-
ployer shall promptly provide for an injured employe, such medical,
surgical or other attendance or treatment, nurse and hospital services,
medicines, crutches and apparatus as may be required by the Commis-
sion in an amount not to exceed the sum of one hundred and fifty
dollars ($150.00). If the employer fail to provide the same the injured
employe may do so at the expense of the employer. The employe shall
rot be entitled to recover any amount expended by hirn for such treat-
ment or services unless he shall or someone on his behalf have requested