HARRY W. NICE, GOVERNOR. 643

all benefits for or on account of disability or death resulting or
alleged to have resulted from such injury.

(4) TEMPORARY PARTIAL DISABILITY. In case of temporary
partial disability, except the particular cases mentioned in Sub-
division Three of this 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 continu-
ance of such partial 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
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 attributable to the pre-exist-
ing 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 37 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 deceased 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 remainder 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 thou-
sand 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