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762 WORKMEN'S COMPENSATION. [ART. CI
the entire member, as the affected or amputated portion thereof bears
to the whole.
4. Temporary partial disability. In case of temporary partial dis-
ability, except the particular cases mentioned in subdivision three of
this section, an injured employee shall receive fifty per centum of the
difference between his average weekly wages and his wage 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 dol-
lars, 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 employee: A wife or invalid husband (''inva-
lid" meaning one physically or mentally incapacitated from earning),
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 employee,
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 employee, including those otherwise
specified in this section.
Compensation under this Article to alien dependent widows, children
and parents, not residents of the United States, shall be the same in
amount as is provided in each case for residents, except that, at any
time within one year after an accident resulting in death, the Com-
mission may in its discretion convert any payments thereafter to become
due to such beneficiaries into a lump sum payment, not in any case
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