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Session Laws, 1947
Volume 411, Page 2133   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 2133

The right to any compensation payable to any depen-
dent 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 sur-
viving dependents, and if there be none such, then the
compensation 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 beneficiaries into lump sum pay-
ment, 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 repre-
sented by the consular 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 depen-
dents, all compensation awarded hereunder, and the re-
ceipt of such consular officers shall be a full discharge
of all sums paid to and received by them.

37. Notice, in writing or otherwise, of any injury for
which compensation is payable under this Article shall
be given to the employer within ten days after the acci-
dent, except as provided for otherwise in cases of hernia,
under sub-section (5) of Section 35 of this Article, and
also in case of the death of the employee resulting from
such injury, within thirty days after such death. Such
notice, if in writing, shall contain the name and address
of the employee, and state in ordinary language the time,
place, nature and cause of the injury and be signed by him
or by a person on his behalf, or in the case of death,
by any one or more of his dependents, or by a person on
their behalf. The failure to give such notice, unless ex-
cused by the Commission either on the ground that notice
for some sufficient reason could not have been given, or
on the ground that the State Accident Fund,
Insurance Company, or employer, as the case may be, has
not been prejudiced thereby, shall be a bar to any claim
under this Article, provided, however, that the burden
of proving that it or he has been prejudiced by such failure
on the part of the employee or by delay in giving such
notice shall be upon the State Accident Fund, Insurance
Company, or employer, as the case may be.

 

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Session Laws, 1947
Volume 411, Page 2133   View pdf image (33K)
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