Marvin Mandel, Governor                        1185

36.

[(4) (a) In all other cases of disability other than those specifi-
cally enumerated disabilities set forth in subsection (3) of this
section, which disability is partial in character, but permanent in
quality, the Commission shall determine the portion or percentage by
which the industrial use of the employee's body was impaired as a
result of the injury and in determining such portion or percentage
of impairment resulting in an industrial loss the Commission shall
take into consideration, among other things, the nature of the
physical injury, the occupation, experience, training and age of the
injured employee at the time of injury, and shall award compensation
in such proportion as the determined loss bears to the sum of
$17,500, the said compensation to be paid weekly at the rate of
sixty-six and two-thirds per centum of the average weekly wages, in
no case to exceed thirty-five dollars per week, and not less than a min-
imum of twenty-five dollars per week unless the employee's established
weekly wages are less than twenty-five dollars per week at the time
of the injury, in which event he shall receive compensation equal to his
full wages, subject to reconsideration of the degree of such impair-
ment by the Commission on its own motion or upon application of
any party in interest.]

86.

(4) (a) In all other cases of disability other than those specifically
enumerated disabilities set forth in subsection (3) of this section,
which disability is partial in character, but permanent in quality,
the Commission shall determine the portion or percentage by which
the industrial use of the employee's body was impaired as a result of
the injury and in determining such portion or percentage of impair-
ment resulting in an industrial loss the Commission shall take into
consideration, among other things, the nature of the physical injury,
the occupation, experience, training and age of the injured employee
at the time of injury, and shall award compensation in such propor-
tion as the determined loss bears to the sum of $17,500, the said
compensation to be paid weekly at the rate of sixty-six and two-
thirds per centum of the average weekly, wages, in no case to exceed
thirty-five dollars per week, and not less than a minimum of
twenty-five dollars per week unless the employee's established
weekly wages are less than twenty-five dollars per week at the time
of the injury, in which event he shall receive compensation equal to
his full wages, subject to reconsideration of the degree of such
impairment by the Commission on its own motion or upon applica-
tion of any party in interest.

(b)    The compensation for the foregoing specific injuries, payable
under this subsection and subsection (3), shall be paid in addition to,
and consecutively with, the compensation hereinbefore provided in
subsection (2) of this section.

(c)    If any employee dies from any cause or causes not com-
pensable under this article, the right to any compensation payable
under this subsection and subsections (3) and (5), unpaid at the
date of his death, shall survive to his surviving dependents as the
Commission may determine, if there be such surviving dependents,
and if there be none such, then to his wife and children under
twenty-one years of age if there was, at the time of his death, a legal