WORKMEN'S COMPENSATION. 3133

(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, but
not to exceed ($18.00) eighteen dollars per week, during the continuance of
such partial disability, but not in excess of three thousand five hundred
dollars, except as otherwise provided in this Article.

In case the injury causes death within the period of three 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
expense provided for in Section Thirty-seven hereof.

If there are wholly dependent persons at the time of death, the payment
shall be sixty-six and two-thirds per cent of the average weekly wages,
not to exceed, however, a maximum of eighteen dollars per week, and not
less than a minimum of ($8) eight dollars per week, unless the deceased
employee's established weekly wages were less than eight dollars per week
at the time of injury, in which event the compensation shall be an amount
equal to the average weekly wages, and to continue for the remainder
of the period between the date of death and four hundred and sixteen weeks
after the date of injury, and not to amount to more than a maximum of five
thousand dollars, nor less than a minimum of one thousand dollars.

If there are no wholly dependent persons at the time of the death, but
are partly dependent persons, those partly dependent shall receive compen-
sation as follows: The weekly payments to such dependents shall be in
amount not exceeding sixty-six and two-thirds per centum of the average
weekly wages or ($18.00) eighteen dollars per week, but may, in the
discretion of the Commission, be for a less amount per week and to con-
tinue for all or such portion of the period of 416 weeks, after the date of
the injury, as the Commission in each case 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 ( " invalid "
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.

The right to any compensation payable to any dependent and unpaid
at the date of death of any such dependent shall survive to and be vested
in the surviving dependents as the Commission may determine, if there
be such surviving dependents, and if there be none such, then the compen-
sation shall cease.