ceed a maximum of twelve dollars per week and not less than a minimum of five dollars per week, unless the employe's established weekly wages are less than five dollars per week at the time of the injury, in which event he shall receive compensation in an amount equal to his average weekly wages, but not to exceed a total of $5,000.00. Loss of both hands, or both arms, or both feet or both legs, or both eyes, or of any two thereof, shall, in the absence of conclusive proof to the contrary, constitute permanent total disability. In all other cases permanent total disability shall be determined in accordance with the facts.

(2) Temporary total disability. In case of temporary total disability fifty per centum of the average weekly wages shall be paid to the employe during the continuance thereof, but not in excess of a maximum of twelve dollars per week and not less than a minimum of five dollars per week, in which event he shall receive compensation equal to his full wages; but in no case to continue more than six years from the date of the injury or to exceed thirty-seven hundred and fifty dollars in the aggregate.

(3) Permanent partial disability. In case of disability partial in character, but permanent in quality, the compensation shall be fifty per centum of the average weekly wages, in no case to exceed twelve dollars per week or more than three thousand dollars in the aggregate, and shall be paid to the employes for the period named in the schedule as follows:

Thumb-For the loss of a thumb, fifty weeks.

First Finger For the loss of a first finger, commonly called the index finger, thirty weeks.

Second Finger-For the loss of a second finger, twenty-five weeks.

Third Finger-For the loss of a third finger, twenty weeks. Fourth Finger-For the loss of the fourth finger, commonly called the little finger, fifteen weeks.

The loss of the second or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of more than one-half of such thumb shall be considered to be equal to the loss of the whole thumb. The loss of the

third or dictal phalange of any finger shall be considered to be equal to the loss of one-third of such finger. The loss of the middle or second phalange of any finger shall be considered to be equal to the loss of two-thirds of such finger. The loss of more than the middle and dictal phalange of any finger shall be considered to be equal to the loss of the whole of such finger; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.

Great Toe-For the loss of a great toe, twenty-five weeks. Other Toes-For the loss of one of the toes other than the great toe, ten weeks.

Hand-For the loss of a hand, one hundred and fifty weeks. Arm-For the loss of an arm, two hundred weeks.

Foot-For the loss of a foot, one hundred and fifty weeks. Leg-For the loss of a leg, one hundred and seventy-five weeks.

Eye-For the loss of an eye, one hundred weeks.

Loss of Use-Permanent loss of the use of a hand, arm, foot, leg or eye shall be considered as the equivalent of the loss of such hand, arm, foot, leg or eye, and for the loss of the frac tional part of the vision of either one or both eyes the injured employee shall be compensated in like proportion to the compensation for total loss of vision.*

Amputations-Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand. Amputation between the knee and the ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm. Amputation at or above the knee shall be considered as the loss of the leg.

The Act of 1916, chapter 597, which materially modifies many sections of Article 101, contains a section entitled "Sec. 36, sub-sec. 3, Permanent Partial Disability," and reading exactly like sec. 36, sub-sec. 3, as herein stated, and entitled "Permanent Partial Disability." Chap. 368, however, was passed seven days later than the passage of Chapter 597, namely, on April 26, 1916, and repealed and reenacted the whole of Section 36, save and except it did not contain the portion in italics. Furthermore, it contained the following provision, "its application between employers and employees shall date only from and after the first day of November, 1916."

The compensation for the foregoing specific injuries shall be in lieu of all other compensations, except the benefits provided in Section 37 of this Article.

Other Cases-In all other cases in this class of disability the compensation shall be 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 twelve dollars per week), payable during the continuance of such partial disability, but not to exceed $3,000.00, and subject to reconsideration of the degree of such impairment by the commission on its own motion or upon application of any party in interest.

In all cases where there has been an amputation of a part of any member of the body herein specified, or the loss of the use of any part thereof, for which compensation is not specifi cally provided herein, the Commission shall allow compensation for such proportion of the total number of weeks allowed for the amputation or the loss of the use of the entire member, as the affected or amputated portion thereof bears to the whole.

(4) Temporary partial disability. In case of temporary partial disability, except the particular cases mentioned in subdivision three of this section, an injured employe 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, during the continuance of such partial disability, but not in excess of three thousand five hundred dollars, except as otherwise provided in this article.

In case the injury causes death within the period of two 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 expenses provided for in Section thirty-seven hereof.

If there are wholly dependent persons at the time of the death, the payment shall be fifty per cent. of the average weekly wages, and to continue for the remainder of the period between the date of the death and eight years after the date of

[ART. CI]

WORKMEN'S COMPENSATION ACT.

555

the injury, and not to amount to more than a maximum of four thousand two hundred and fifty dollars, nor less than a minimum of one thousand dollars.

If there are partly dependent persons at the time of the death, the payment shall be fifty per cent. of the average weekly wages, and to continue for all or such portion of the period of eight years after the date of the injury, as the Commission in each may determine, and not to amount to more than a maximum of three thousand dollars.

The following persons shall be presumed to be wholly dependent for support upon a deceased employe: A wife or invalid husband ("invalid" meaning one physically or mentally ineapacitated from earning), a child or children under the age of sixteen years (or over said age if physically or mentally incapacitated from earning), living with or dependent upon the parent at the time of the injury or death.

In all other cases, questions of dependency, in whole or in part, shall be determined in accordance with the facts in each particular case existing at the time of the injury resulting in death of such employe, but no person shall be considered as dependent unless such person be a father, mother, grandfather, grandmother, stepchild or grandchild, or brother or sister of the deceased employe, including those otherwise specified in this section.

Compensation under this Article to alien dependent widows, children and parents, not residents of the United States, shall be the same in amount as is provided in each case for residents, except that at any time within one year after an accident resulting in death the Commission may, in its discretion, convert any payments thereafter to become due to such beneficiaries into a lump sum payment, not in any case to exceed twenty. four hundred dollars, by paying a sum equal to three-fourths of the then value of such payments.

Non-resident alien dependents may be officially represented by the consular officers of the nation of which such alien or aliens may be citizens or subjects, and in such cases the consular officers shall have the right to receive, for distribution to such non-resident alien dependents, all compensation awarded

hereunder, and the receipt of such consular officers shall be a full discharge of all sums paid to and received by them.*

Ibid,. sec. 36. 1916, ch. 597, sec. 37.

37. In addition to the compensation provided for herein, the employer shall promptly provide for an injured empolye such medical, surgical or other attendance or treatment, nurse and hospital services, medicines, crutches and apparatus as may be required by the Commission in an amount not to exceed one hundred and fifty dollars ($150.00). If the employer fail to provide the same, the injured employe may do so at the expense of the employer. All fees and other charges for such treatment and services shall be subject to regulations by the Commission, and shall be limited to such charges as prevail in the same conmunity for similar treatment of injured persons of a like standard of living, and in case death ensues from the injury within two years, reasonable funeral expenses shall be allowed, not to exceed the sum of seventy-five dollars ($75.00). Provided, however, that if there are no dependents and the deceased employe leaves sufficient estate to pay same, all expenses of last sickness and burial shall be paid by said estate and not by the employer or insurance company, or Commission out of the State Accident Fund, as the case may be. The Commission shall have full power to adopt rules and regulations with respect to furnishing medical, nurse, hospital services and medicines to injured employes entitled thereto and for the payment therefor.†

* This Act applies between employers and employees only from and after November 1, 1916.

COMPENSATION.-See opinion of S. I. A. C., Claim 156, Ledda Leonardo, employee. Continuation of compensation and able to work. See opinoin of S. I. A. C., Claim 49, Clarence E. Groves, employee, compensation. abilty.

Duration of dis

COVERAGE. See opinion of S. I. A. C., Claim 589, Arthur J. Messick, employee, Claim disallowed when employer and claimant are one in the same person. DEPENDENCY.-See opinion of S. I. A. C., Claim 530, Mrs. Margaret Nelson. Partial dependency and mother. See opinion of S. I. A. C., Claim 128, Jeremiah Ortman, claimant's father and sisters. See opinion of S. I. A. C., Claim 1384, Mary M. Dollan as to dependency of wife and children living apart from hus. band and father. (Daily Record, November 24, 1915.) Claim 3246, Rosina Amantea, claimant, as to common-law marriage. Claim was See opinion of S. I. A. C., disallowed. (Daily Record, December 31, 1915.) See opinion of S. 1. A. C.,