Compensation to dependents, when to begin. Dependents, average weekly wages, but not more than fourteen dollars nor less than seven dollars a week for a period of three hundred weeks from the date of the injury. If the employe leaves dependents only partly dependent upon his earnings for support at the time of his injury, the weekly compensation to be paid as aforesaid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employe to such partial dependents bears to the annual earnings of the deceased at the time of his injury. When weekly payments have been made to an injured employe before his death the compensation to dependents shall begin from the date of the last of such payments, but shall not continue more than three hundred weeks from the date of the injury. SEC. 6. The following persons shall be conclusively prewho presumed sumed to be wholly dependent for support upon a deceased employe: to be. Proviso, benefit, how apportioned. Payments, how to be made. (a) A wife upon a husband with whom she lives at the time of his death, or from whom, at the time of his death, the Industrial Accident Board shall find the wife was living apart for justifiable cause or because he had deserted her; (b) A husband upon a wife with whom he lives at the time of her death; (c) A child or children under the age of sixteen years (or over said age, if physically or mentally incapacitated from earning) upon the parent with whom he is or they are living at the time of the death of such parent: Provided, That in the event of the death of an employe who has at the time of his or her death, a living child or children by a former husband or wife, under the age of sixteen years (or over said age if physically or mentally incapacitated from earning), said child or children shall be conclusively presumed to be wholly dependent for support upon such deceased employe, even though not living with the deceased employe at the time of his or her death; and in all such cases the death benefit shall be divided between or among the surviving wife or husband and all the children of the deceased employe, and all other persons, if any, who are wholly dependent upon the deceased employe, in equal shares, the surviving wife or husband taking the same share as a child. In all cases mentioned in this section the total sum due the surviving wife or husband and her or his own child or children shall be paid directly to the surviving wife or husband for her or his own use, and for the use and benefit of her or his own child or children but if during the time compensation payments shall continue, the Industrial Accident Board shall find that the surviving wife or husband is not properly caring for said child or children, it shall be the duty of said board to order the share or shares of such child or children to be thereafter paid to their guardian or legal representative for their use Dependency, determined. and benefit, instead of to their father or mother; and in all cases the sums due to the child or children by the former wife or husband of the deceased employe shall be paid to their guardians or legal representatives for the use and benefit of said child or children. In all other cases questions of dependency, in whole or in part, shall be determined in how accordance with the fact, as the fact may be at the time of the injury. Where a deceased employe leaves a person or persons wholly dependent upon him or her for support, said person or persons shall be entitled to the whole death benefit and persons partly dependent, if any, shall receive no part thereof, while said persons wholly dependent are living. All persons wholly dependent upon a deceased employe whether by conclusive presumption or as a matter of fact, shall be entitled to share equally in the death benefit in accordance with the provisions of this section. If there is no one wholly dependent or if the death of all persons wholly dependent shall occur before all compensation is paid, and there is but one person partly dependent, such person shall be entitled to compensation according to the extent of his dependency; and if there is more than one person partly dependent, the death benefit shall be divided among them according to the relative extent of their dependency. No person shall be considered a dependent, unless he or she is a member of the family of the deceased employe, or unless such person bears to said deceased employe the relation of husband or widow, or lineal descendent, or ancestor, or brother or sister. SEC. 8. If the employe leaves no dependents the employer In case of no shall pay, or cause to be paid as hereinafter provided, the dependents. reasonable expense of his last sickness and burying, which shall not exceed two hundred dollars, in addition to any sums the employer may be required to pay under the provisions of section four of part two of this act. Dependent, must be family. member of SEC. 9. While the incapacity for work resulting from the Total injury is total, the employer shall pay, or cause to be paid as disability. hereinafter provided, to the injured employe a weekly compensation equal to sixty per centum of his average weekly wages, but not more than fourteen dollars nor less than seven dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks from the date of the injury, nor shall the total amount of all compensation exceed six thousand dollars. SEC. 10. While the incapacity for work resulting from the Partial injury is partial, the employer shall pay, or cause to be paid disability. as hereinafter provided, to the injured employe a weekly compensation equal to sixty per centum of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than fourteen dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks from the date of the injury. In cases included by the following schedule the disability in each such case shall be deemed to continue for the period specified, and the comtion specified. pensation so paid for such injury shall be as specified therein, to-wit: Compensa Proviso. For the loss of a thumb, sixty per centum of the average weekly wages during sixty weeks; For the loss of a first finger, commonly called index finger, sixty per centum of average weekly wages during thirty-five weeks; For the loss of a second finger, sixty per centum of average weekly wages during thirty weeks; For the loss of a third finger, sixty per centum of average weekly wages during twenty weeks; For the loss of a fourth finger, commonly called little finger, sixty per centum of average weekly wages during fifteen weeks; The loss of the first phalange of the thumb, or of any finger, shall be considered to be equal to the loss of one-half of such thumb, or finger, and compensation shall be one-half the amounts above specified; The loss of more than one phalange shall be considered as the loss of the entire finger or thumb: 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; For the loss of a great toe, sixty per centum of average weekly wages during thirty weeks; For the loss of one of the toes other than a great toe, sixty per centum of average weekly wages during ten weeks; The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half of the amount above specified; The loss of more than one phalange shall be considered as the loss of the entire toe; For the loss of a hand, sixty per centum of average weekly wages during one hundred and fifty weeks; For the loss of an arm, sixty per centum of average weekly wages during two hundred weeks; For the loss of a foot, sixty per centum of average weekly wages during one hundred and twenty-five weeks; For the loss of a leg, sixty per centum of average weekly wages during one hundred and seventy-five weeks; For the loss of an eye, sixty per centum of average weekly wages during one hundred weeks; The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof, shall constitute total and permanent disability, to be compensated according to the provisions of section nine. The amounts specified in this clause are all subject to the same limitations as to maximum and minimum as above stated. disability SEC. 12. The death of the injured employe prior to the Death to expiration of the period within which he would receive such terminate weekly payments shall be deemed to end such disability, and indemnity. all liability for the remainder of such payments which he would have received in case he had lived shall be terminated, but the employer shall thereupon be liable for the following death benefits in lieu of any further disability indemnity: If the injury so received by such employe was the proximate cause of his death, and such deceased employe leaves dependents, as hereinbefore specified, wholly or partially dependent on him for support, the death benefit shall be a sum sufficient, when added to the indemnity which shall at the time of death have been paid or become payable under the provisions of this act to such deceased employe, to make the total compensation for the injury and death exclusive of medical, surgical and hospital services and medicines furnished as provided in section four hereof, equal to the full amount which such dependents would have been entitled to receive under the provisions of section five hereof, in case the accident had resulted in immediate death, and such benefits shall be payable in weekly installments in the same manner and subject to the same terms and conditions in all respects as payments made under the provisions of said section five. Death benefits. Notice of death. injury or SEC. 15. No proceedings for compensation for an injury under this act shall be maintained, unless a notice of the injury shall have been given to the employer within three months after the happening thereof, and unless the claim for compensation with respect to such injury, which claim may be either oral or in writing, shall have been made within six months after the occurrence of the same; or, in case of the death of the employe, within six months after said death; or, in the event of his physical or mental incapacity, within the first six months during which the injured employe is not physically or mentally incapacitated from making a claim: Provided, however, That in all cases in which the employer Proviso, has been given notice of the injury, or has notice or knowledge subsequent of the same within three months after the happening thereof, of injury, etc. but the actual injury, disability or incapacity does not develop or make itself apparent within six months after the happening of the accident, but does develop and make itself apparent at some date subsequent to six months after the happening of the same, claim for compensation may be made within three months after the actual injury, disability or incapacity develops or makes itself apparent to the injured employe, but no such claim shall be valid or effectual for any purpose unless made within two years from the date the accidental personal injury was sustained: And provided further, That Further any time during which an injured employe shall be pre- incapacitated vented by reason of his physical or mental incapacity from claim. proviso, from making Further proviso, fail ure to report by employer. Salary. Secretary. Office in Seal. making a claim, shall not be construed to be any part of the six months' limitation mentioned in this section: And provided further, That in all cases in which the employer has been given notice of the happening of the accident, or has notice or knowledge of the happening of said accident, within three months after the happening of the same, and fails, neglects or refuses to report said accident to the Industrial Accident Board as required by the provisions of this act, the statute of limitations shall not run against the claim of the injured employe or his dependents, or in favor of either said employer or his insurer, until a report of said accident shall have been filed with the Industrial Accident Board. PART III. SEC. 2. The salary of each of the members so appointed by the Governor shall be three thousand five hundred dollars per year. The board may appoint a secretary at a salary of not more than two thousand five hundred dollars a year, and may remove him. The board shall be provided with an office in the capitol, or in some other suitable building in the city of Lansing, in which its records shall be kept, and it shall also be provided with necessary office furniture, stationery and other supplies. It shall provide itself with a seal for the authentication of its orders, awards and proceedings, upon which shall be inscribed the words "Industrial Accident Clerical help. Board-Michigan-Seal." It shall employ such assistants and clerical help as it may deem necessary and fix the compensation of all persons so employed: Provided, That the average compensation paid to such employes shall not exceed eleven hundred dollars per annum for each person employed, and all such clerical assistants shall be subject to existing laws regulating the grading and compensation of department clerks. The members of the board and its assistants shall be entitled to receive from the State their actual and necessary expenses while traveling on the business of the board; but such expenses shall be sworn to by the person who incurred the same, and be approved by the chairman of the board before payment is made. Said board shall have the power to maintain an office in the city of Detroit. All such salaries and expenses when audited and allowed by the Board of State Auditors, shall be paid by the State Treasurer out of the general fund, upon warrant of the Auditor General. Proviso, Expenses. Office in Detroit. Audit and allowance. SEC. 6. If the employer, or the insurance company carrying such risk, or the Commissioner of Insurance, as the case may be, and the employe fail to reach an agreement in regard to compensation under this act, either party may notify the Industrial Accident Board, who shall thereupon call for the formation of a committee of arbitration. The committee of arbitration shall consist of three members, one of whom shall be a member, or deputy member, of the Industrial |