3134 ARTICLE 101.

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 Commission may, in its dis-
cretion, convert any payments thereafter to become due to such benefi-
ciaries into a lump sum payment, not in any case to exceed twenty-four
hundred dollars, by paying a sum equal to three-fourths of the then value
of such payments.

Non-resident alien dependents may be officially represented by the con-
sular officers of the nation of which such alien or aliens may be citizens or
subjects, and in such cases the consular officers shall have the right to
receive, for distribution to such non-resident alien dependents, all compen-
sation awarded hereunder, and the receipt of such consular officers shall
be a full discharge of all sums paid to and received by them.

Dependents.

Except as to those relatives presumed to be wholly dependent, question of
dependency in whole or in part and portion of period of eight, years after injury
during which fifty per cent, of weekly wages is to be paid to those partly dependent
is to be determined by commission. When so determined obligation to pay and
right of beneficiaries to receive compensation becomes definite and certain. The
question of whether, where a dependent dies before completion of weekly payments,
a right to a continuation of such payments devolves upon his personal representative,
not passed on. This section referred to in construing sec. 54—see notes thereto.
Adleman v. Ocean Acci. & Guar. Cor., 130 Md. 577. And see Accident Fund v.
Jacobs' Admr., 140 Md. 627.

The words of paragraph 4 of this section, " the following persons shall be pre-
sumed to be wholly dependent for support upon a deceased employee," when read
in connection with the concluding words of the sentence, do not make a case of total
dependency, as a matter of law. Where a husband and wife have been divorced and
latter given custody of children, and save for a brief period father made no pro-
vision for their support, though he made small cash gifts to them at times, a case
of total dependency is not made put. The legal obligation to support must be
coupled with a reasonable probability that such obligation will be fulfilled. State
Ind. Ac. Comn. v. Downton, 135 Md. 414 (decided in 1919).

A woman who is not a man's wife, though she lives with him and is dependent
upon him, is not entitled to comperisation. Requisites of lawful marriage. Mean-
ing of word " family." Since statute states who shall be entitled to compensation,
no other persons are so entitled. Scott v. Independent Ice Co., 135 Md. 344 (de-
cided prior to act of 1920, ch. 456).

Evidence of support of mother by son held sufficient to go to jury on question of
partial dependency. Meaning of phrases " actual dependent " and " who are depend-
ents upon the deceased." Prayers. Grant v. Kotwall, 133 Md. 575.

Generally.

Prior to act of 1920, ch. 456, where a dependent died pending completion of pay-
ments which had been awarded her, her personal representative was entitled to
unpaid portion of such benefits'. Change made by the act of 1920. Striking similarity
between Ohio workmen's compensation act and Maryland act. Accident Fund v.
Jacobs' Admr., 140 Md. 624.

In determining compensation under this section, the fact that employer furnishes
board for employee is not to be taken into, consideration, unless money value of
such board was fixed at time of hiring. Term " earnings " is a more comprehensive
one than " wages." Picanardi v. Emerson Hotel Co., 135 Md. 96 (decided prior to
act of 1920, ch. 456).

Compensation may be had for deafness and permanent paralysis; enumeration
of certain injuries in this section is not exclusive. Where pain and suffering result in
impairing emlployee's earning capacity or his ability to secure work, he may recover
compensation therefor. See notes to secs. 45 and 58. Jirout v. Gebelein, 142 Md. 698.

Illegitimate children are not entitled to workmen's compensation benefits. Scott
v. Independent Ice Co., 135 Md. 350 (decided prior to act, 1920, ch. 456).