3684 ARTICLE 101

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
discretion, convert any payments thereafter to become due to such bene-
ficiaries 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 com-
pensation awarded hereunder, and the receipt of such consular officers
shall be a full discharge of all sums paid to and received by them.

This section referred to in construing Sec. 80. Stevenson v. Hill, 171 Md. 572. .

Statute changing time within which notice of injury must be given does not affect
causes of action already barred and thus revive a lost right of action. Baltimore v.
Perticone, 171 Md. 268.

Claim on account of death caused by hernia resulting from injury in course of em-
ployment, without pre-existing hernia, not governed by Ch. 363, 1931, amending this
section. Ross v. Smith, 169 Md. 86.

Cited in Stevenson .v. Hill, 170 Md. 678.

This section referred to in construing Sec. 72 and Art. 67. Assurance Corp. v. B. &
O. R. R. Co., 173 Md. 247.

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.

Subsec. 3 of this section does not affect power of commission in awarding compensa-
tion for permanent partial disability arising from injuries not specified in this section,
to determine how or when compensation shall be paid. Bottling Works v. Lilly, 164
Md. 246.

If injured employee proceeds against contractor or sub-contractor (under sec. 77),
liability of either is exclusive and only other right of such injured employee is under
sec. 72. See notes to sec. 77. 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.

This section referred to in construing sec. 72—see notes thereto. State v. Francis, 151
Md. 149.

This section referred to in construing word "salary" in sec. 80-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 riot 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 77. Long Co. v. State Accident
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 accident; previous
accidents. Congoleum Nairn v. Brown, 158 Md. 285.

Evidence of contributions towards support of father and stepmother; partial de-
pendency. 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.