2132 LAWS OF MARYLAND. [CH. 895
dental 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 at-
tributable to the pre-existing disease or infirmity.
(7) (Dependents.) 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 36 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, how-
ever, a maximum of Twenty dollars per week, and not less
than a minimum of ten ($10) dollars per week unless
the deceased employee's established weekly wages were
less than ten 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
no more than five hundred weeks after the date of injury
and not to amount to more than a maximum of Seventy-
five Hundred ($7,500.00) Dollars nor less than a minimum
of One Thousand ($1,000.00) Dollars.
If there are no wholly dependent persons at the time
of the death, but are partly dependent persons, those
partly dependent shall receive compensation 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 twenty ($20.00) dollars per
week, but may, in the discretion 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.
In all cases, questions of dependency, in whole, or in
part, shall be determined by the Commission in accordance
with the facts in each particular case existent at the time
of the injury resulting in death of such employee.
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