1314 ARTICLE 101.

employee has a permanent partial disability resulting from the operation.
If so, compensation shall be paid in accordance with the provision of this
Act, with reference to permanent partial disability.

In case the injured employee refuses to undergo an operation for the
cure of the said hernia, he shall be allowed compensation for a period of
seven and one-half (7 1/2) weeks, and if it be shown to the satisfaction of
the Commission that because of age or previous physical condition, it is
considered, unsafe for the employee to undergo such operation, such refusal
may be excused by the Commission, in which event the employee shall be
allowed compensation for the period of actual disability resulting from
such hernia, not to exceed fifty two (52) weeks, and in either event such
payments shall be in lieu of all benefits for or on account of disability
or death resulting or alleged to have resulted from such injury.

(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 there-
after in the same employment or otherwise, if less than before the accident,
but not to exceed twenty 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.

Whenever it shall appear than¹ any disability from which any employee
is suffering following an accidental injury, is due in part to such injury,
and in part to a pre-existing disease or infirmity, the Commission shall
determine the proportion of such disability which is reasonably attributable
to the injury and the proportion thereof which is reasonably attributable
to the pre-existing disease or infirmity, and such employee shall be entitled
to compensation for that proportion of his disability which is reasonably
attributable solely to the accident, and shall not be entitled to compensation
for that proportion of his disability which is reasonably attributable to the
pre-existing disease or infirmity.

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 ex-
pense provided for in Section 37 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 lot less
than a minimum of ($8) eight dollars per week, unless the deceased em-
ployee'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.

¹ Evidently a typographical error.