(b) If partial dependents, the weekly compensation as aforesaid shall be equal to the same proportion of weekly payments for benefit of person wholly dependent as amount contributed by employee to such partial dependent bears to annual earnings of deceased at time of injury. (c) When weekly payments have been made to injured employee before his death, compensation to dependents shall begin from date of last of such payments, but shall not continue more than 300 weeks from date of injury. (d) Following persons conclusively presumed dependents: Wife upon husband with whom she lives at time of death or from whom Industrial Board finds wife was living apart for justifiable cause or because he deserted her.

Husband upon wife with whom he lives at time of her death. Child or children under 16, or over said age if physically or mentally incapacitated upon parent with whom he or she is living. Living child by former husband or wife under age of 16, or incapacitated presumed dependent though not living with deceased employee. Total sum due wife or child and children paid directly to wife for use and benefit of children. Wholly dependents to receive whole amount though partial dependents. No person shall be dependent unless a member of family of deceased employee or bears the relation of husband or widow or lineal descendent, or ancestor or brother or sister.

(e) If employee leaves no dependents the reasonable expense of last sickness and burying, not to exceed $200.00. (f) Death to terminate disability benefits, but employer shall be liable for following in lieu of disability benefits: If injury received was proximate cause of death and deceased leaves dependents, wholly or partially dependent, the death benefit shall be a sum sufficient, when added to indemnity which at time of death have been paid or bebecome payable under provisions of this act to such deceased employee to make total compensation for injury and death exclusive of medical service, equal to full amount which such dependents would have been entitled to receive in case of death and such benefits shall be payable in weekly installments in same manner and subject to same conditions in respects to payments for immediate death.

2. FOR INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. During first 90 days after injury the employer shall furnish reasonable medical, surgical and hospital services and medicines as needed.

(b) Total temporary compensation. No provision. (c) Temporary partial disability. No provision.

(d) Partial disability. While incapacity for work resulting from injury is partial, a weekly compensation equal to 60 per cent of difference between his average weekly wages before injury and average weekly wages he is able to earn thereafter, but not more than $14.00 per week, and in no case shall the period covered be greater than 500 weeks from date of injury.

(f) Specific injuries. In cases included in following schedule disability in each case shall be deemed to continue for period specified:

For loss of thumb, 60 per cent of average weekly wages during 60 weeks.

Loss of a first finger, called index finger, 60 per cent of average weekly wages during 35 weeks.

Loss of second finger, 60 per cent of average weekly wages during 30 weeks.

Loss of third finger, 60 per cent average weekly wages during 20 weeks.

Loss of fourth finger, called little finger, 60 per cent average weekly wages during 15 weeks.

Loss of first phalange of thumb, or of any finger shall be considered to be equal to loss of one-half of such thumb or finger, and compensation shall be one-half amounts above specified.

Loss of more than one phalange shall be considered loss of entire finger or thumb, provided that in no case shall amount received for more than one finger exceed amount provided in schedule for loss of hand.

Loss of great toe, 60 per cent average weekly wages during 30 weeks.

Loss of one of toes, other than great toe, 60 per cent of average weekly wages during 10 weeks.

Loss of first phalange of any toe shall be considered equal to loss of one-half of such toe, and compensation shall be one-half of amount above specified.

Loss of more than one phalange shall be considered as loss of entire toe.

Loss of hand, 60 per cent average weekly wages during 150 weeks.

Loss of an arm, 60 per cent average weekly wages during 200 weeks.

Loss of a foot, 60 per cent average weekly wages during 125 weeks.

Loss of leg, 60 per cent average weekly wages during 175 weeks.

Loss of eye, 60 per cent average weekly wages during 100 weeks.

(g) Total permanent disability. While incapacity to work is total, a weekly compensation equal to 60 per cent of average weekly wages, but not more than $14.00 nor less than $7.00 per week, and in no case shall period covered bet

greater than 500 weeks from date of injury, nor shall total amount exceed $7,000. The loss of both hands or both arms or both legs or both eyes or any two thereof shall constitute total and permanent disability.

III. BASIS FOR COMPUTING COMPENSATION.

Term "average weekly wages" is defined to be six times the daily wage, salary or emolument which injured employee is earning at time he suffered injury. In cases where it is impossible to ascertain exact daily wage injured employee is earning at time of injury, such daily earnings shall be held to be such sum as, having regard to previous daily earnings of injured employee and of other employees of same class in same or similar employment in same or neighboring locality, shall most nearly approximate daily earnings of injured employee at time of injury in employment he was working at at the time. After amount of daily wages shall be determined as in this subsection provided, said amount shall be multiplied by six and the product so obtained shall be for all purposes of this act held to be average weekly wages.

The weekly loss in wages consists of such percentage of average weekly earnings of injured employee computed according to provisions of this section as shall fairly represent the proportionate extent of impairment of his earning capacity in employment in which he was working at time of accident, the same to be fixed as of time of accident, but to be determined in view of the nature and extent of injury.

IV. LUMP SUM.

Whenever weekly payments have been continued for six months liability may be redeemed by payment of lump sum by agreement of parties, subject to approval of Board, and Board may direct same if circumstances require; deferred payments to be commuted on present work at 5 per cent per annum to one or more lump sum payments, and payments shall be made by employer or insurance company carrying risk.

V. WAITING PERIOD.

No compensation paid for injury which does not incapacitate employee for a period of at least one

week, but if incapacity extends beyond period of one week compensation shall begin on eighth day; provided, if incapacity continues six weeks or longer or if death results, compensation to be computed from date of injury.

VI. NOTICE OF ACCIDENT-LIMITATIONS.

No proceedings shall be maintained under this act unless written notice of injury shall have been given employer within three months after happening and unless claim for compensation, either oral or in writing, shall have been made in six months after injury or death, or in event of mental or physical incapacity within first six months after incapacity removed.

Notice may be given within three months after injury develops or makes itself apparent, but no such claim shall be valid unless made within two years from date of injury. Statute of limitations not to run where employer fails to report to Board. Notice shall state time, place and cause of injury, and be signed by person injured or dependents; shall be served on employer or agent or sent by registered mail. Notice shall not be invalid for inaccuracy in stating time, place or cause of injury unless employer mislead thereby.

VII. REQUIREMENTS OF EMPLOYER TO COMPLY WITH ACT.

1. Every employer filing election to become subject to act shall have right to specify, subject to approval of Board, which of methods of payment he desires: (1) upon furnishing satisfactory proof of solvency and financial ability to pay compensation, to make payments directly to employee; (2) to insure against liability in any employers' liability company authorized to take such risks in Michigan; (3) to insure against liability in any employers' insurance association organized under laws of Michigan; (4) to request Commissioner of Insurance to assume disbursement of compensation and collection of premium and assessments to pay same.

2. Employer shall keep record of injuries; on eighth day after occurrence shall report same to Industrial Board in writing.

3. Every employer or insurer shall make first weekly payment at end of first week after compensation period begins to run and shall make like weekly payments at end of each week thereafter.

4. Employer shall make supplemental report in case injury results in death.

VIII. SETTLEMENTS-AGREEMENTS.

No agreement by employee waiving compensation shall be valid. If employer and employee reach agreement as to compensation, a memorandum shall be filed with board and if approved shall be binding.

IX. WAIVER.

No agreement waiving compensation shall be valid. X. OWNERS AND CONTRACTORS, WITH RELATIONS AND LIABILITIES.

Where employer subject to act referred to as principal contractor with other person referred to as contractor who is not subject to act, the principal shall be liable to pay workman employed in execution of work any compensation under act which he would have been liable to pay if workman had been immediately employed by him, and where compensation is claimed or proceedings taken against principal, then in application of this act principal shall be substituted for reference to employer, and where principal is liable to pay compensation he shall be indemnified by contractor or subcontractor; but employee shall not be entitled to recover at common law against contractor or other person for any damages arising from such injury if he takes compensation from principal.

XI. EMPLOYER MAY BE RELIEVED OF LIABILITY FOR COMPENSATION.

1. Any employer may be relieved by depositing present value of total unpaid compensation for which such liability exists, assuming interest at 3 per cent per annum, with trust company designated by employee or dependents or, in default of designation, after ten days notice with trust company designated by Board.