MARVIN MANDEL, Governor
2957
and payments to continue during the partial dependency
but not to exceed $17,500,00.
(c) If there are wholly dependent persons and
partly dependent persons, the Commission may, in its
discretion, award compensation to the wholly dependent
persons only, or it may apportion such compensation among
such wholly dependent and partly dependent persons in
such proportions as, in the discretion of the Commission,
it may consider fair and equitable under all of the facts
and circumstances of the case.
(d) Payment to, or for the benefit of, a
surviving child or children of the deceased at the time
of his death shall continue to, or for the benefit of,
the child or children until the child or children reaches
the age of eighteen years provided, however, if each
child or children though eighteen years of age or over
are wholly dependent upon the deceased employee and
incapable of self support by reason of mental, or
physical disability, or other sufficient reason as
determined by the Commission, or the child or children
though eighteen years of age or over are still partly
dependent upon the deceased employee, payments to, or for
the benefit of, the child or children shall continue as
under paragraphs (a), (b) and (c) herein, and provided
further that if each child or children though eighteen
years of age or over are attending a school on a full
time basis which offers an educational program accredited
or approved by the Maryland State Department of Education
or a vocational training program approved by the Maryland
State Department of Education, payments shall continue
to, or for the benefit of, the child or children for a
period of not more than five years after reaching
eighteen years of age.
(e) 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, except as otherwise provided in this
subsection (8).
(f) If there be no dependents, the
disbursements shall be limited to the expense provided
for in § 37 hereof.
(g) The right to any compensation payable to
any dependent 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 surviving dependents, and if there be none such,
then the compensation shall cease.
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