Kansas deemed to be fifty-two times his average weekly earnings during the period of his actual employment under said employer; provided, that the amount of any payments made under this act and any lump sum paid hereunder for such injury from which death may thereafter result shall be deducted from such sum; and provided, however, that if the workman does not leave any dependents, citizens of and residing at the time of the accident in the United States or the Dominion of Canada, the amount of compensation shall not exceed in any case seven hundred and fifty dollars. (2) If the workman does not leave any such dependents, but leaves any dependents in part dependent upon his earnings, such proportion of the amount payable under the foregoing provisions of this section, as may be agreed upon or determined to be proportionate to the injury to the said dependents; and (3) If he leaves no dependents, the reasonable expense of his medical attendance and burial, not exceeding one hundred dollars. (4) Marriage of any dependent shall terminate all compensation of such dependent, but shall not affect compensation allowed other dependents; when any minor dependent, not physically or mentally incapable of wage earning shall become eighteen years of age, such compensation shall cease. (The remainder of § 11 relates to compensation for disability. See next succeeding chapter) (as am'd by L. 1913, c. 216, approved March 10, 1913, in effect March 12, 1913.) *** "89 (). 'Dependents' means such members of the workman's family as were wholly or in part dependent upon the workman at the time of the accident. And 'members of a family' for the purposes of this act means only widow or husband, as the case may be, and children; or if no widow, husband or children, then parents and grandparents, or if no parents or grandparents, then grandchildren; or if no grandchildren, then brothers and sisters. In the meaning of this section parents include step-parents, children include stepchildren, and grandchildren include step-grandchildren, and brothers and sisters include step-brothers and step-sisters, and children and parent include that relation by legal adop Maryland MARYLAND "§ 4. The insurance in case of death shall be for the benefit of such persons being the widow, widower, father, mother, son or daughter, as are dependent wholly or in part for their support upon the earnings of such employee (all of which persons are hereinafter designated as dependents of such employee) or of such of them as may be named in the contract or policy to which it refers and the person for whose benefit such insurance is made should be bound by the agreement authorized by the first section of this act. "§ 5. In order to satisfy the requirements of this act, the benefits payable under such insurance shall be at least as follows: "(1) In case of death: "(a) If the employee insures for the benefit of any dependent wholly dependent upon his wages at the time of his death, a sum equal to his wages in the employment of said employer during a period of three years next preceding the accident, but not less in any case than the sum of one thousand dollars; provided, that the amount of any weekly payments made under such insurance or any lump sum paid in redemption thereof, may be deducted from such sum; and if the period of the employee's employment by said employer has been less than said three years, then the amount of his earnings during said three years shall be deemed to be one hundred and fiftysix times his average weekly earnings during the period of his actual employment by said employer. "(b) If the employee insures for the benefit only of persons partly dependent upon his wages at the time of his death, then a sum equal to the payments provided for the benefit of persons wholly dependent, less six times the average annual earnings; or if employed for less than a year, then less three hundred times the average weekly earnings of said dependent person or persons partly dependent on his wages. "(c) If the employee leaves no dependents, then the reasonable expenses of his medical attendance shall be paid, and in addition burial expenses not less than seventy-five dollars nor more than one hundred dollars. Massachusetts "And the contract or policy therein referred to may provide for the payment, instead of a lump sum, of a weekly sum which, in the case of persons wholly dependent, shall not be less than the weekly payment in case of total disability hereinafter provided for, and which, in the case of persons partly dependent, shall not be less than the weekly payment in case of total disability, less the amounts earned by the persons partly dependent, and which sum may be divided between the dependents in such a manner as such contract or policy may provide or as may otherwise be agreed upon; or such contract or policy may provide for a combination of lump sums, weekly payments, or for the substitution of one for the other." MASSACHUSETTS1 "Part II, § 6. If death results from the injury, the association shall pay the dependents of the employé, wholly dependent upon his earnings for support at the time of the injury, a weekly payment equal to one-half his average weekly wages, but not more than ten dollars nor less than four dollars a week, for a period of three hundred weeks from the date of the injury. If the employé leaves dependents only partly dependent upon his earnings for support at the time of his injury, the association shall pay such dependents a weekly compensation equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employé 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 employé 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." "Part II, § 12. No savings or insurance of the injured employé, independent of this act, shall be taken into considera 1 See cases cited in Article B, of this chapter, arising under the Massachusetts Act. Massachusetts tion in determining the compensation to be paid hereunder, nor shall benefits derived from any other source than the association be considered in fixing the compensation under this act. "§ 13. The compensation payable under this act in case of the death of the injured employé shall be paid to his legal representative; or, if he has no legal representative, to his dependents; or, if he leaves no dependents, to the persons to whom payment of the expenses for the last sickness and burial are due. If the payment is made to the legal representative of the deceased employé, it shall be paid by him to the dependents or other persons entitled thereto under this act." "Part II, § 7. The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employé: "(a) A wife upon a husband with whom she lives at the time of his death. "(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 eighteen years (or over said age, but 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, there being no surviving dependent parent. In case there is more than one child thus dependent, the death benefit shall be divided equally among them. 1 "In all other cases questions of dependency, in whole or 1A dependent mother who received an average weekly contribution of five dollars from a son's average weekly wage of $13.65 was held to be entitled to a weekly compensation of $6.83, when it appeared that she was in fact wholly dependent upon her son for support. Smith v. Massachusetts Employés Insurance Association, Mass. Indus. Acc. Bd. Where a father received all the wages of a son it was held that he was entitled to the entire minimum compensation provided by the statute of four dollars a week for a period of three hundred weeks and that nothing should be deducted from the amount by reason of the money contributed by the father for the son's maintenance. Murphy v. American Mutual Liability Insurance Co., Mass. Indus. Acc. Bd. (Appeal pending to Supreme Judicial Court). Massachusetts in part, shall be determined in accordance with the fact, as the fact may be at the time of the injury; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons partly dependent, if any, shall receive no part thereof; if there is no one wholly dependent and more than one person partly dependent, the death benefit shall be divided among them according to the relative extent of their dependency." 1 1 In the case of Coakley v. Coakley, 215 Mass. 000; 103 N. E. Rep. 930, the Supreme Judicial Court construed this section in an opinion which is given in full below: RUGG, C. J. This is a proceeding under the Workmen's Compensation Act. The question at issue is the division of the payments due to the dependents of John C. Coakley, who received personal injuries arising out of and in the course of his employment and who died as a result. He left a widow, Nora, with whom as wife he was living at the time of his decease, two minor children who were children of Nora, a child of this marriage born since his death, and another child named Marion, by an earlier marriage. All the children are of tender years. The child Marion has no property of her own and was living in her father's family, entirely supported by him. The widow was appointed administratrix of the estate of John C. Coakley and she has come to an agreement with the insurer, which has been approved by the Industrial Accident Board, for the payment to be made by it on account of his death. A guardian has been appointed of the child Marion, who by law is charged with the custody and tuition of the ward, she having no father or mother living. R. L. c. 145, Section 4, St. 1904, c. 163. The widow and administratrix claims that as matter of law under the Act the guardian is entitled to nothing and she refuses to pay anything to her for the support of the ward. The material provisions of the Act are found in St. 1911, c. 751, Part II, Section 7, in these words:-(quoting above section). It is plain from this provision that the widow is conclusively presumed to be wholly dependent. It is equally plain that the child of the former marriage also is conclusively presumed to be wholly dependent, because in her case there is no surviving dependent parent. This language as construed in the McNicol case, ante, means that the children of the deceased who are the children of the widow, are not conclusively presumed to be dependent, because as to them there is a surviving parent. Analyzing the Act with technical nicety, probably the last paragraph of Section 7, above quoted, does not apply to the case at bar because it relates to "all other cases," and "such other cases," which must mean cases other than |