WORKMEN'S COMPENSATION 3683

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 twenty dollars per week, during the continuance of such par-
tial disability, but not in excess of three thousand five hundred dollars,
except as otherwise provided in this Article.

Whenever it shall appear that 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 en-
titled to compensation for that proportion of his disability which is reason-
ably attributable solely to the accident, and shall not be entitled to com-
pensation for that proportion of his disability which is reasonably attrib-
utable 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
expense provided for in Section 49 hereof.

If there are wholly dependent persons at the time of death, the payment
shall be sixty-six and two-thirds per centum 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 de-
ceased 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 re-
mainder 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 com-
pensation 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 Sec-
tion.

117