1316 ARTICLE 101.

Subsec. 3 of this section does not affect power of commission in awarding
compensation for permanent partial disability arising from injuries not speci-
fied in this section, to determine how or when compensation shall be paid.
Bottling Works v. Lilly, 154 Md. 246.

If injured employee proceeds against contractor or sub-contractor (under sec.
62), liability of either is exclusive and only other right of such injured employee
is under sec. 58. See notes to sec. 62. State v. Bennett Bldg. Co., 154 Md 162.

Where there are wholly dependent persons, partly dependent persons are not
entitled to compensation. Prayers. Widow living apart—dependency. Harvey
v. Roche, 148 Md. 367.

To third note to this section, page 3134, vol. 2, of Code, add Holloway v. Safe
Dep. Co., 151 Md. 335.

This section referred to in construing sec. 58—see notes thereto. State v.
Francis, 151 Md. 149.

This section referred to in construing word "salary" in sec. 65—see notes
thereto. Koester Bakery v. Ihrie, 147 Md. 222 (arose prior to act 1924, ch.
217).

Receipt by employee of greater wages after than before the accident does not
bar the award of compensation, especially in the case of a boy with natural
expectation of increased earning capacity. Balto. Pub. Co. v. Hendricks, 156
Md. 75.

This section referred to in construing secs. 14 and 62. Long Co. v. State Acci-
dent Fund, 156 Md. 644.

"Total disability" means incapacity to do further work of any kind and not
only the kind he was accustomed and qualified to do at the time of the acci-
dent; previous accidents. Congoleum Nairn v. Brown, 158 Md. 285.

Evidence of contributions towards support of father and stepmother; partial
dependency. Engineering Co. v. Harris, 157 Md. 490.

Where child was adopted by husband and wife, under laws of Delaware
and after husband's death the wife became dependent upon the adopted son for
her support, she is a dependent mother within the meaning of the Workmen's
Compensation Law and entitled to compensation for death of adopted son.
Victory Sparkler Co. v. Gilbert, 160 Md. 184.

An appeal from an order of the Commission denying a claim for total disabil-
ity cannot be prosecuted by claimant's administratrix for benefit of his estate.
Cambridge Mfg. Co. v. Johnson, 160 Md. 248.

Award under this section rescinded on death of employee and award made
to widow under sec. 54. See notes thereto. Gratz v. Bethlehem Steel Co., 162
Md. 34.

On application to reopen case to determine whether there had been increase
of disability from injury for which award had been made, held that physician's
testimony as to possible effect of injury upon a pre-existing diseased condition
was insufficient to show further disability after the award. Radiator Co. v.
Masenheimer, 163 Md. 651.

Where award is within limit fixed for permanent partial disability under
"other cases", but did not show how the amount was determined, it could not
be claimed that the Commission did not comply with the statute that compen-
sation shall be 50% of the difference between his average weekly wages and
his earning capacity after the accident. Balto. Tube Co. v. Dove, 164 Md. 88.

Grandson of deceased employee, his daughter's illegitimate child, who was
member of employees household at time of latter's death, and was supported
by him, was a grandchild and a dependent within the meaning of Compensation
Act and on death of his grandmother, entitled to unpaid portion of compensa-
tion which had been awarded her on death of her husband. Baking Co. v.
Reissig, 164 Md. 17.

Compensation cannot be allowed for hernia following accidental injury unless
the injury causing the hernia was reported within forty-eight hours of its occur-
rence. Lloyd v. Webster, 165 Md. 575 (decided prior to act of 1935, ch. 487).

Executor of sole dependent may recover accrued installments of compensa-
tion awards payable to such dependent until time of her death. Moller Motor
Car Co. v. Unger, 166 Md. 198.

This section referred to in construing art. 67, sec. 2. Storrs et al. v. Mech
et al., 166 Md. 127.