108

LAWS OF MARYLAND

Ch. 17

provisions of this paragraph (8)(a) which provide for a
continuation of payments until the total sum of $45,000 has
been paid do not apply to a widow or widower who remarries;
for this person the payments shall cease as of the time of
remarriage, but he may receive and keep the payments made
under paragraph (8)(i) of this section.

(b)  If there are no wholly dependent persons at
the time of the death, but there are partly dependent
persons, those partly dependent shall receive compensation
as follows: The weekly payments to such dependents shall be
in the amount of sixty-six and two-thirds per centum of the
average weekly wages of the deceased employee not to exceed,
however, a maximum of sixty-six and two-thirds per centum of
the average weekly wage of the State of Maryland as
determined by the Department of Employment Security, as
provided in § 36(2) of this article and shall be that
percentage of the maximum weekly rate of compensation as the
weekly earnings of each partly dependent person bears to the
average weekly wages of the deceased, in no case to exceed
the maximum of the weekly rate of compensation, 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.