residence such refusal is justifiable. All compensations provided in clause (c) of this section for loss of members, or loss of use of members, are subject to the same limitations as to maximum and minimum as are stated in clause (a). In all other cases of permanent partial disability not above enumerated, the compensation shall be fifty percentum of the difference between the average weekly earnings of the workman at the time of the injury and the average weekly earnings he is able to earn in his partially disabled condition, subject to a maximum of twelve ($12.00) per week as otherwise provided herein. Compensation shall continue during disability, not, however, beyond three hundred (300) weeks. In case the injured employee leaves the services of the employer for whom he was working at the time of the accident and accepts employment elsewhere he shall make and furnish affidavit as to his new employment in the manner as required in sub-section (b) of section 13 hereof.

(d) For permanent total disability as defined in sub-section (e) below, fifty per centum of the average weekly earnings received at the time of the injury subject to a maximum compensation of twelve dollars ($12.00) per week except as otherwise provided herein and a minimum compensation of five dollars ($5.00) per week; provided that if at the time of injury the employee was receiving earnings of less than five dollars ($5.00) per week, then he shall receive the full amount of his earnings per week. This compensation shall be paid during such permanent total disability, not exceeding five hundred and fifty (550) weeks; but in all such cases drawing more compensation than five dollars ($5.00) per week, the payment after the first four hundred (400) weeks shall be reduced to five dollars ($5.00) per week for the remainder of the five hundred and fifty weeks (550) weeks, while the permanent total disability continues; payment to be made at the intervals when the earnings was payable as nearly as may be, provided, however, such payments with the approval of the circuit judge may be made monthly or quarterly. The total amount of compensation payable under this sub-section shall not exceed five thousand dollars (5,000.00) in any case. Provided. however, that in case an employee, who is permanently and totally disabled becomes an inmate of a public institution, then no compensation shall be payable unless he has wholly dependent on him for support a person or persons named in sub-section (1), (2) and (3) of section 14 (whose dependency shall be determined as if the employee were deceased), in which case the compensation. provided for in this sub-section shall be paid for the benefit of such person so dependent. during dependency, in the manne ordered by the court, while the employee is an inmate of suc institution.

(e) The total and permanent loss of the sight of both eye or the loss of both arms at the shoulder, or complete and perma nent paralysis or total and permanent loss of mental faculties, which totally incapacitates the employee from working at an occupation which brings him an income shall constitute permanent total disability.

(e) 1. If an employee has a permanent disability or has previously sustained another injury than that in which he received a subsequent permanent injury by accident such as is specified in the sections herein defining permanent injury he shall be entitled to compensation only for the degree of injury that would have resulted from the latter accident if the earlier disability or injury had not existed.

(e) 12. If an employee has previously lost the sight of one eye or lost one leg or lost one arm, and thereafter in the same employment or in the employment of another he should by accident receive additional injuries so as to proximately cause the loss of the sight of both eyes or the loss of both legs or the loss of both arms said employee shall receive three-fourths of the amount provided hereunder for one who has received a permanent total disability and there shall be credited on said threefourths amount any payments which said employee had received or may receive for his first disability.

(e) 2. For permanent total disability other than as defined in sub-section (e) fifty per centum of the average weekly earnings received at the time of injury subject to a maximum compensation of twelve dollars ($12.00) per week and a minimum compensation of five dollars ($5.00) per week; provided, that if at the time of injury the employee was receiving earnings of less than five dollars ($5.00) per week, then he shall receive the full amount of his earnings per week. This compensation shall be paid during the period of such permanent disability not exceeding four hundred (400) weeks; payments to be made at the intervals when the earnings were payable as nearly as may be. Provided, however, such payments with the consent of the circuit judge may be made monthly or quarterly.

(e) 3. If an employee received an injury for which compensation is payable while he is still receiving or entitled to compensation for a previous injury in the same employment, he shall not at the same time be entitled to compensation for both. injuries, unless the later injury be a permanent injury, such as specified in section 13; but he shall be entitled to compensation for that injury and from the time of that injury which will cover the longest period and the largest amount payable under this act.

(e) 4. If an employee receives a permanent injury as specified in section 13 after having sustained another permanent in

jury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding five hundred weeks. When the previous and subsequent permanent injuries received in the same employment result in total disability compensation shall be payable for permanent total disability, but payments made for the previous injury shall be deducted from the total payment of compensation due.

(f) In case a workman sustains an injury occasioned by an accident arising out of and in the course of his employment and during the period of disability caused thereby death results proximately therefrom, all payments previously made as compensation for such injury shall be deducted from the compensation, if any, due on account of death.

(f) 1. In all claims for compensation for hernia resulting from injury by an accident arising out of and in the course of his employment it must be definitely proved to the satisfaction of the court.

First: That there was an injury resulting in hernia;
Second: That the hernia appeared suddenly;

Third: That it was accompanied by pain;

Fourth: That the hernia immediately followed an accident; Fifth That the hernia did not exist prior to the accident for which compensation is claimed.

All hernia, inguinal, femoral, or otherwise, so proved to be the result of an injury by accident arising out of and in the course of the employment shall be treated in a surgical manner by radical operation. In case the injured employee refuses to undergo the radical operation for the cure of said hernia, no compensation will be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease, or is otherwise in such physical condition that the court considers it unsafe for the employee to undergo said operation, the employee shall be paid as otherwise provided herein.

(g) Compensation hereunder shall be computed on the basis of the average weekly earnings. "Average weekly earnings" shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury divided by fifty-two; but if the injured employee lost more than seven consecutive calendar days during such period although not in the same week, then the earnings for the remainder of such fifty-two weeks shall be divided by the number of weeks remaining after the time so lost has been deducted. Where the employment prior to the injury extended over a period of less

than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof which the employee earned wages shall be followed, provided results just and fair to both parties will thereby be obtained. Where by reason of the shortness of the time during which the employee has been in the employment of his employer, or the casual nature or terms of the employment, it is impracticable to compute the average weekly earnings as above defined, regard shall be had to the average weekly amount which during the fifty-two weeks prior to the injury was being earned by a person in the same grade, employed at the same work by the same employer, and if there is no such person so employed, by a person in the same grade employed in the same class of employment in the same. district. Wherever allowance of any character made to an employee in lieu of wages are specified as part of the wage contract, they shall be deemed a part of his earnings.

(h) Wherever in this section there is a provision for fifty (50) per centum such per centum shall be increased five (5) per centum for each totally dependent child of the employee under the age of eighteen years at the time of the injury to the employee until such per centum shall reach a maximum of sixty (60) per centum. (2) Wherever in this section a weekly maximum compensation of twelve dollars ($12.00) is provided such maximum compensation shall be increased in the following cases to the following amounts: Thirteen ($13.00) dollars in case of an employee with one totally dependent child under the age of eighteen years at the time of the injury to the employee. Fourteen ($14.00) dollars in case of an employee with two totally dependent children under the age of eighteen years at the time of the injury to the employee. Fifteen ($15.00) dollars in case of an employee with three or more totally derendent children under the age of eighteen years at the time of the injury to the employee. The increase in the above per centum and in the maximum amount shall be paid only so long as the child upon which the increase is based remain under the age of eighteen years.

14. Who are dependents, and allowances to each.-(1) Wife and children conclusively presumed wholly dependent; when. For the purposes of this act the following described persons shall be conclusively presumed to be wholly dependent:

(a) Wife, unless it be known that she was voluntarily living apart from her husband at the time of his injury or death or unless it be shown she was not married to the deceased at the time of the accident or for a reasonable period prior to his death, or unless it be shown that the husband was not in any way contributing to her support.

(b) Minor children under the age of sixteen years. (2) Prima facie presumption as to certain children. Children be

tween sixteen and eighteen years of age or those over eighteen, if physically or mentally incapacitated from earning, shall prima facie, be considered dependent.

(3) Total Dependents.-Wife, child, husband, mother, father, grandmother, grand-father, sister, brother, mother-in-law and father-in-law who were wholly supported by the deceased workman at the time of his death and for a reasonable period of time immediately prior thereto shall be considered his total dependents, and payment of compensation shall be made to them in the order named.

(3A) Partial Dependents.-Any member of a class named in subdivision (3), who regularly derived part of his support from the earnings of the deceased workman at the time of his death and for a reasonable period of time immediately prior thereto shall be considered his partial dependent and payment of compensation shall be made to such partial dependents in the order named.

(4) In death cases where the death results proximately from the accident within three years compensation payable to dependents shall be computed on the following basis and shall be paid to the persons entitled thereto without administration. (5) If the deceased employee leave a dependent widow, or dependent husband and no dependent child, there shall be paid to the widow thirty per centum of the average weekly earnings of deceased.

(6) If the deceased employee leave a dependent widow or dependent husband and one dependent child, there shall be paid to the widow for the benefit of herself and such child forty per centum of the average weekly earnings of the deceased.

(7) If the deceased employee leave a dependent widow or dependent husband and either two or three dependent children, there shall be paid to the widow for the benefit of herself and such children fifty per centum of the average weekly earnings of the deceased.

(8) If the deceased employee leave a dependent widow or dependent husband and four or more dependent children, there shall be paid to the widow for the benefit of herself and such children sixty per centum of the average weekly earnings of the deceased.

(8A) In all cases where compensation is payable to a widow for the benefit of herself and dependent child or children the court shall have power to determine in its discretion what portion of the compensation shall be applied for the benefit of any such child or children and may order the same paid to a guardian.

(9) In case of remarriage of a widow of an employee who had dependent children, the unpaid balance of compensation, which would otherwise become due to her, shall be paid to such children.