HERBERT R. O'CONOR, GOVERNOR. 1077

three thousand five hundred dollars, except as otherwise pro-
vided in this Article.

Whenever it shall appear that any disability from which
any employee in 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 attrib-
utable to the pre-existing disease or infirmity, and such em-
ployee 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-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 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 thousand
dollars.

If there are no wholly dependent persons at the time of
the death, but are partly dependent persons, those partly de-
pendent 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 ($18. 00) eighteen 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 maxi-
mum of three thousand dollars.

The following persons shall be presumed to be wholly de-
pendent 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 men-