WORKMEN'S COMPENSATION. 1315
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 dis-
cretion of the Commission, be for a less amount per week and to continue
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 compensa-
tion shall cease.
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 beneficiaries
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 re-
ceive, 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 of deceased employee need not show that employee had been
awarded compensation before his death; two separate and distinct classes to
whom compensation may be awarded—injured employee and dependents. Award
made to employee before death not deductible from award to dependents. See
Gull Specialty Co. v. Snyder, 151 Md. 82.
Award of commission not a "Judgment" within meaning of art. 57, sec. 3, but
is a specialty within said section, and suit is not barred if instituted within
twelve years from date of award. Mattare v. Cunningham, 148 Md. 310.
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